My friend posted in charge of a public dealing branch of a department was imputed with the charge Rule- 3 (1)(ii) and 3(1) (iii) of CCS(Conduct Rules, 1964 under Rule-14 and on IOs final report he was relieved from the charge from Rule 3 (1)(ii) as he had allowed smooth functioning of an office during last week of the month but held guilty under Rule 3(1) (iii) since he did not implement the order to relieve one official who had been granted EL on office arrangement.
The Rule-14 was initiated by the disciplinary authority who is competent to implement minor penalties against my friend but not competent to implement major penalties under CCS(CCA) Rules and the same was forwarded to his appointing authority for punishment. The appointing authority accordingly awarded a punishment of reduction of Pay by 2 stages for a period of 3 months without cumulative effect. My friend knocked the door of the CAT, stayed the order and at last the CAT quashed the Rule-14 charge sheet and punishment order on the contention that the said disciplinary authority is not competent to issue Rule-14 charge sheet as he is not the appointing authority keeping aside the 2nd argument of my friend i.e (once he is proved that he has maintained devotion to duty and lifted from the charge of Rule 3(1)(iii)
of CCS conduct Rules, the question of unbecoming on the part of a Govt. servant cannot be held simultaneously)
But his department challenged the CAT order in the High Court with the contention that Disciplinary authority is the competent authority to initiate Rule-14 .
So I want to know the merits of the case and what will be the options for my friend and consequences with the case. For the pending case my friend is not getting any promotions from last 3 years
The High Court is unlikely to interfere with the CAT decision as the same does not appear to be irregular or illegal. However, much depends upon the pleadings as well the arguments advanced.
