Cat

To whom should I approach to waive penalty imposed on me?

Ans : Your question is comical. 

Firstly you have not stated details of charge/procedure followed.and expect a considered view to be formed on the admissibility of appeal.

Secondly there is nothing like waiver of penalty.  It is not a late fee fine. The Appellate Authority has power to reduce/set aside the penalty. It also has power to remand back the case to Disciplinary Authority for fresh orders and also has power to enhance the penalty after issue of SCN if it finds that penalty is less conmensurate to misconduct.

Thirdly you have deprived yourself of the opportunity of filing appeal within 46 days.

Dear sir a minor penalty has imposed on me UNDER RULE 11 (iii a) CCS (CCA) Rules 1965

Immediate reporting officer not sanctoned leave that is why I approached to Ministry

Should I approach Honble President to waive the penalty and to get salary (with all documentary evidences)?

dear UPSC selected Gp-A officer,

you are badly confused and trying to confuse the forum.  Based on my long experince in dfisciplinary matters I am not going to be confused.

Rule 11 only lists the penalties.

Power to impose penalty comes from rule 15

Procedure for imposition of penalty comes from Rule 14(Major) and 16 (Minor).

your question

"Should I approach Honble President to waive the penalty and to get salary (with all documentary evidences)?"

You have to come out of confusion.  You intimated that penalty was ordered in March 2014 and you also intimaated that the unauthorised absence started on 7.7.2014.  None can believe that there can be any penalty prior to commencement of misconduct.

Very clear that (if no other facts are hidden)this penalty has no relation with the leave and you decide not to reveal why this penalty was ordered.

Further,

your absence without leave has been treated only with dies-non.  Which is lightest and most leninet method to close the case. dies-non is is non punitive it simply denies you pay and pension/gratuity for the period of absence.  It does not even disturb seniority.

It interested for larger trouble you must pester the Ministry.

If you wake up the Ministry then they can take notice that no penalty has been awarded on account of this absence and can start process for another chargehseet.

In any case the present penalty bars your promotion/deputation/confirmation will July 2018. Inviting one more penalty may put things further.

Please also get elightened that the Presidential powers of appointment /removal /penaltyof Gp-A officers are delegated to the Minister concerned.

Originally posted by : Arun K Sreedhar
	Sir you said Rule 11 only lists penalty. It means the penalty has not imposed on me?

My dear Determined To Be Confused,

I have not merely stated regarding Rule 11,  I have stated something more about other rules also.  I cannot make it online tutorial for CCS(CC&A) Rules on this portal I cannot share all the experience gained by me for 30 years after being selected by UPSC.

It is you only who says that a penalty was imposed in March 14 and you are desribing a well listed penalty.

Now whether penalty has been imposed or not can be seen from wording of the order or relevant entry in the service book.

A thorough and an elaborate discussion cum advise cum suggestions made by expert Mr. Sudhir should suffice the querist's curiosity about the intended legal action to his problem, if not, he may take the help of a local advocate experienced in CAT cases.

fresh

https://www.lawyersclubindia.com/experts/CCS-Rule-504356.asp