Rule, Procedure and Protection of Rights of employees

Rule, Procedure and Protection of Rights of employees

Part – VI

Procedure for imposing penalties

44. Rules 14 to 21 deal with the procedure for imposing major and minor penalties.

Rules 14 prescribes that no order imposing major penality shall be made except after an enquiry held, as provided in Rule 14. Detailed procedure has been, prescribed in order to satisfy the provisions of Article 311 (2) of the constitution which, provides reasonable opportunity of defence.

45. Rule 14 (13) (11) (b) provides that list of documents by which and a list of witnesses by whom the articles of charge are, proposed to be sustained should be drawn up – as. Annexure III and IV to the charge memo.

46. Rule 14 (4) provides that disciplinary authority shall deliver to the Govt. Servant a copy of article of charge, statement of imputations and list of documents and list of witnessess by which each article of charge is proposed to be sustained. In this rule, there is no provision to supply copies of documents along with charge memo. Without supply of these documents, Govt. servant is asked to submit his representation against the proposal to take disciplinary action. Even if he requests for supply of copies of documents, he is informed that he will be given opportunity to peruse documents in the enquiry before inquiry officer. The view is not accepted by the APEX court. In the case of Chandrama. Tiwari (V) U.O.I. (198) Supp SCC 518) the Supreme Court held that it cannot be said that effective opportunity to defend was provided to the Govt servant. Further it is added in the judgments that one of the principles of natural justice is that a person against whom action is proposed to be taken has to be given opportunity and not a pretence”.

47. The Central Vigilance Commission in letter No/Q/DSP/3 at 19-6-1987, has quoted the suggestion o f Dept- of Personnel and Administrative reforms by saying that copies of all documents relied upon and the statement of witnesses cited on behalf of the disciplinary authority be supplied to the Govt servant along with charge sheet wherever possible.

48. The Govt servant has a right to know the full details of the charge before submitting representation against the proposal. The stage of defence begins at the time of receipt of charge memo. The authority who claims transparency in Govt service need not hesitate to supply copies of documents and statements.

Then only, the Govt servant may be able to decide what should be admitted and what should be defended. It may also reduce the Task of Inquiry officer who can omit the portion which is admitted by the Govt servant. The Govt servant may be able to propose the list of defence witnesses and list of defence documents to be submitted to the inquiry officer without delay.

49. Rule 14 (5) (a) provides appointment of inquiry officer, inquiry officer should be appointed only after, the receipt of written representation of the Govt servant, against the charge memo. If the I.O. Is appointed before the receipt of representation of GOS, it will show the biased mind of the Disciplinary Authority.

50.The Govt servant has a right to file bias petition against inquiry officer to the disciplinary authority. If the disciplinary authority rejects the bias petition, revision petition can be submitted to, appellate authority. In such case Appellate Authority is the Revisional Authority. But, no appeal, lies against the order of the disciplinary Authority but revision petition can be submitted against any order passed under CCS (CCA) Rules 1965.

Courtesy : yourskayveeyes.blogspot.com