This case is of a Government Employee and CCA CCS Rules are applicable
1. Disciplinary Authority orders decision in 2012 to the Delinquent Employee as Compulsory retirement.
2, The Delinquent Employee meets the Disciplinary Authority and explains certain circumstances after receipt of the decision of the Disciplinary Authority and also puts down the same in writing as requested by the Disciplinary Authority.
3. The Disciplinary Authority writes back to the Delinquent Employee that he would relook into the matter.
4. The Delinquent Employee writes to the Appellate Authority and tells him about the relook by the Disciplinary Authority.
5. The Appellate Authority applies Resjudicta to the decision of the Disciplinary Authority and asks the Delinquent Employee to file an appeal with him.
6. The Delinquent Employee now Appellant files an appeal with the Appellate Authority.
7. The Appellate Authority does not dispose of the Appeal of the Delinquent Employee.
8. The Appellant sends reminders to the Appellate Authority for disposal of his appeal as per CCS rules applicable under Office Memorandum 39/42/70-Ests. (A), dated 15/05/1971, GOI, Cabinet Secretariat, Department of Personnel, concerning Rule 27 of C.C.S (C.C.A)Rules 1965: question of fixing time-limit for disposal of appeals.
9. The Appellate Authority does not dispose of the Appeal even after several reminders by the Appellant.
10. The Delinquent Employee writes a representation to the Secretary of the concerned ministry who directs the Appellate Authority to dispose of the Appeal of the Delinquent Employee and with a copy to the ministry.
11. The Appellate authority even after a lapse of six months has not disposed of the appeal of the Delinquent Employee.
A.Can the Delinquent Employee/ Appellant move HC writ of Mandamus under 226 with the following prayers:
a. Disposal of Appeal by Appellate Authority within four weeks.
b. Quashing order of the Disciplinary Authority and resumption of duties of the Delinquent till disposal of the case by Appellate Authority
c. Compensation of X amount for the delay in disposal of the case by the Appellate Authority.
d. Disciplinary action against the Appellate Authority for violation of Office Memorandum 39/42/70-Ests. (A), dated 15/05/1971, GOI, Cabinet Secretariat, Department of Personnel, concerning Rule 27 of C.C.S (C.C.A)Rules 1965: question of fixing time-limit for disposal of appeals.
B. Please opine on any other remedies available to the Delinquent Employee/ Appellant.
Thanking you in Advance.
