Course of action on a partly proved charge in inquiry officer report

One fact

1.  You are involved in disciplinary case

second fact

2. irrespective of disciplinary case there is a seniority dispute and no promotions are held.

Please confirm if I am correct.

Dear queriest, even if one charge out of two charges is proved some punishment will be given. If you were let off with a minor penalty, you can approach the administrative Tribunal and you may succeed.

Now that the Inquiry Report has been communicated, you need to make an effective represntation against the charge that has been held to proved. Any further suggestion as to the representation requires that the Report be perused and the issues discussed.

As to other aspects as to promotion etc. are secondary aspects and those concerns should not overshadow the primacy in making the effective representation.

If you feel that the punbishment meted out to you is unjustified especially if you feel that it may hamper your promotion and career adversely, then you may be prepared to challenge the same through court of law i.e., tribunal or by a writ petition and try your luck to get discharged from the charges framed against you.

thanks to all for prompt reply.

firstly, yes it is a disciplinary action and secondly promotion is also about to happen. # Sudhir Kumar, Advocate (Advocate

I understand the status and am afraid if the charge proved partially may hamper my promotional avenues if even a minor penalty is awarded. # kavksatyanarayana (subregistrar/supdt.(retired))

Though it may sound a defence from a charged officer but I feel the IO has not correctly proved the charge and an effective reply may compel DA to decide the case fairly. # P. Venu (Advocate

I just need guidance for how should I make my next move to reach the relief.# T. Kalaiselvan, Advocate

 

If you feel an un-justification move to the tribunal or a court of law.

Originally posted by : Merim Ata

thanks to all for prompt reply.firstly, yes it is a disciplinary action and secondly promotion is also about to happen. # Sudhir Kumar, Advocate (AdvocateI understand the status and am afraid if the charge proved partially may hamper my promotional avenues if even a minor penalty is awarded. # kavksatyanarayana (subregistrar/supdt.(retired))Though it may sound a defence from a charged officer but I feel the IO has not correctly proved the charge and an effective reply may compel DA to decide the case fairly. # P. Venu (AdvocateI just need guidance for how should I make my next move to reach the relief.# T. Kalaiselvan, Advocate 

 you have a liberty to represent agains the findings of the IO on the adverse finding against you.  You have also a right to represent on the procedure adopted by the IO to the extnt of showing violation of CCS(CC&A) Rules in giving opportuinity of defence.  At this stage you should concentrate on the same and get your representation drafted by knowledgeable person.

At the present stage, there is no concluded decision. Please see Rule 15(2) of the CCS(CCA) Rules, 1965 -

15. Action on inquiry report

(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be.

(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of charge to the Government servant who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Government servant.

(3) (a) In every case where it is necessary to consult the Commission, the Disciplinary Authority shall forward or cause to be forwarded to the Commission for its advice:

(i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and

(ii) comments of Disciplinary Authority on the representation of the Government servant on the Inquiry report and disagreement note, if any and all the case records of the inquiry proceedings.

(b) The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission received under clause (a) to the Government servant, who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, on the advice of the Commission.

(4) The Disciplinary Authority shall consider the representation under subrule (2) and/or clause (b) of sub-rule (3), if any, submitted by the Government servant and record its findings before proceedings further in the matter as specified in sub-rules (5) and (6).

(5) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 11 should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 16, make an order imposing such penalty.

(6) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 11 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government servant any opportunity of making representation on the penalty proposed to be imposed.

As such, you caanot rush to the CAT. Your immediate and only task is to make an effective representation based on the legal and/or factual infirmities in the Inquiry Report. In case UPSC consultation is involved, you have one more opprtunity in further escalating the issues, including the infirmaities in initiating the disciplinary proceedings.

You can seek judicial review before the CAT only after the final order is issued by the Disciplinary Authorityand the remedy of appeal, if so provided under the Rules, has been exhausted.

Originally posted by : P. Venu

At the present stage, there is no concluded decision. Please see Rule 15(2) of the CCS(CCA) Rules, 1965 -15. Action on inquiry report(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be. (2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of charge to the Government servant who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Government servant.(3) (a) In every case where it is necessary to consult the Commission, the Disciplinary Authority shall forward or cause to be forwarded to the Commission for its advice: (i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and (ii) comments of Disciplinary Authority on the representation of the Government servant on the Inquiry report and disagreement note, if any and all the case records of the inquiry proceedings. (b) The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission received under clause (a) to the Government servant, who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, on the advice of the Commission. (4) The Disciplinary Authority shall consider the representation under subrule (2) and/or clause (b) of sub-rule (3), if any, submitted by the Government servant and record its findings before proceedings further in the matter as specified in sub-rules (5) and (6).(5) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 11 should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 16, make an order imposing such penalty.(6) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 11 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government servant any opportunity of making representation on the penalty proposed to be imposed.As such, you caanot rush to the CAT. Your immediate and only task is to make an effective representation based on the legal and/or factual infirmities in the Inquiry Report. In case UPSC consultation is involved, you have one more opprtunity in further escalating the issues, including the infirmaities in initiating the disciplinary proceedings.You can seek judicial review before the CAT only after the final order is issued by the Disciplinary Authorityand the remedy of appeal, if so provided under the Rules, has been exhausted.

You hve to give effective representation within 15 days highlighting wrongful assesement of evidence and lack of opportuinity of defence by the IO (i.e. IO not acting as per rule 14).

You now need a knoleedgeable person.

In case any penalty is awarded and then if DPC is held and you are declared fit for promotion the promotion will after penalty period.  In case DPC is awarded during proceedings your assement for promotion will be kept in sealed cover and the sealed covered will be opened if you are fully exnerated or after penalty periood (if any awarded) is complete.