As per the Interpretation under Rule2(g) of the CCS(CCA) RULES 1965, Disciplinary Authority means the Authority competent under the CCS(CCA )RULES 1965 to impose on a Government servant any of the penalties specified in Rule 11.
Any of the penalties ..under Rule11 ....There are 10 ten penalties,in all ....5 five Minor penalties+ 5 five Major penalties (
GRADED PENALTIES from CENSURE to DISMISSAL from service.
....... .......
The authority who is empowered to impose All the 10 penalties is also the disciplinary authority.
That authority vested with the powers to impose only 5 five penalties (Minor Penalties) is also defined as disciplinary authority.
That authority competent to impose only one Penalty namely CENSURE IS also
Known as disciplinary authority.
Therefore it is to be understood that the authority empowered to inflict only one penalty CENSURE is also called disciplinary authority.
Thus the meaning of "ANY OF THE PENALTIES " could be understood.
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All the Appointing Authorities will necessarily be vested with disciplinary powers normally to impose all the penalties 10 penalties (minor &major punishments).....on those officials to whom ..they act as Appointing authorities.
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Let us see the position in our DEPARTMENT ....DEPARTMENT OF POSTS.
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* For all Group A cadre officers ...The PRESIDENT OF INDIA is the APPOINTING AUTHORITY as well as DISCIPLINARY AUTHORITY ....empowered to impose ALL THE PENALTIES.
*FOR GROUP B SPOs cadre officers.....The SECRETARY// DIRECTOR GENERAL Is the Appointing Authority and also Disciplinary Authority competent to impose ALL THE PENALTIES.
THERE ARE other Disciplinary Authorities also to Group B SPOs cadre officers .One such Authority is the CHIEF POSTMASTER GENERAL ...competent to impose only 5 five
.Minor penalties.
*For GROUP B ASPOs CADRE OFFICERS
The CHIEF POSTMASTER GENERAL IS the Appointing Authority and also disciplinary authority .....competent to impose ALL THE PENALTIES.
DPS is also a disciplinary authority but he
can impose only 5 five penalties ...only Minor penalties...
*FOR IP CADRE OFFICERS the DPS
IS THE APPOINTING AUTHORITY AND also disciplinary authority ....competent to impose ALL THE PENALTIES.
THE HEAD OF THE DIVISION IS also a disciplinary authority ..competent to impose only 5 five penalties Minor penalties.
*For THE HSG 1/HSG2 POSTMASTERS & LSG CADRE THE APPOINTING AUTHORITY IS DPS AND ALSO DISCIPLINARY AUTHORITY
COMPETENT TO IMPOSE ALL THE PENALTIES .
THE HEAD OF THE DIVISION IS A DISCIPLINARY authority competent to impose only MINOR PENALTIES(5 PENALTIES).
* FOR all clerical cadre officials the Appointing Authority is The Head of the Division and also disciplinary authority competent to impose ALL THE PENALTIES.
.
HSG1 & HSG2 POSTMASTERS are also disciplinary authorities for clerical cadre officials of their own office , but they can impose only one minor punishment , that is......CENSURE.
(Note:for easy reference field formations ....circle...region ....division have been shown).
We can observe from the above that ALL THE ABOVE MENTIONED APPOINTING AUTHORITIES HAVE BEEN VESTED WITH THE POWERS TO IMPOSE ALL THE PENALTIES.
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BUT IT IS NOT SO IN SOME CASES. LET US SEE THAT.
In the DIVISION THE structure is as below...
DIVISION HEAD.SP/SSP----SUB DIVISION HEAD ASP/IP----HSG1 & HSG2 POSTMASTERS/SPMS .
SUB DIVISION ASPs&SUB DIVISION IPs are the APPOINTING AUTHORITIES FOR THE MTS CADRE &POSTMAN CADRE OFFICIALS.THOUGH THEY ARE APPOINTING
AUTHORITIES for MTS&POSTMAN CADRE OFFICIALS THEY CANNOT IMPOSE ANY OF THE MAJOR PENALTIES..THEY ARE COMPETENT TO IMPOSE ONLY MINOR PENALTIES.
Same is the position in respect of HSG1 & HSG2 PMs/SPMs. They are the APPOINTING AUTHORITIES FOR MTS & POSTMAN CADRE OFFICIALS OF THEIR OWN OFFICE.
YET THEY ARE EMPOWERED to impose only minor penalties .They cannot impose any of the Major punishments.
IT IS TO BE NOTED that the DIVISIONAL HEAD IS VESTED WITH THE POWERS TO IMPOSE ALL THE PENALTIES ON MTS&POSTMAN CADRE OFFICIALS IN THE DIVISION. THEREFORE MAJOR PUNISHMENTS WILL BE IMPOSED BY THE DIVISIONAL HEAD.
THE Above mentioned APPOINTING AUTHORITIES WERE CALLED AS SAAs.....SUB APPOINTING AUTHORITIES PREVIOUSLY..
.
THE reason may be because of the position that they are not empowered to impose major punishments onMTS&POSTMAN CADRE OFFICIALS even though they areAPPOINTING AUTHORITIES FOR them
.
The rationale behind this may be like this ..
One MTS/POSTMAN WORKING In a sub division under the control of ASP may come on transfert to another subdivision under the control of IP. LIKEWISE FROM HSG1 UNIT TO HSG2 UNIT AND SO ON.
THERE arises the question of comparison of the present disciplinary authority to that of appointing authoity ( where major punishments are warranted. ).
One who was appointed by ASP may come under the control of IP(who is of lower rank). ARTE311 OF OUR CONSTITUTION COMES INTO PICTURE .
There may arise a peculiar situation in divisions for Appointment of ADHOC DISCIPLINARY AUTHORITIES in a spate of disciplinary cases relating to MTS/POSTMAN.
HENCE CENTRALISED POWERS FOR IMPOSING MAJOR PENALTIES ON MTS/POSTMAN.. WITH DIVISIONAL HEAD ....naturally solves this problem.
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