CCS CCA Rules, 1965
pradeep kumar
(Querist) 04 April 2011
This query is : Resolved
An employee of our office was awarded a penalty under the CCS (CCA) Rules, 1965 based on Rule 14 proceedings.
He has now published the deposition of one of the prosecution witnesses.
Is this leagal? what action can be taken against them?
R.Ramachandran
(Expert) 04 April 2011
What do you mean by publishing. Where did he publish. Did he publish as it is or with distortions, or did he add any comments etc. In any case what was the punishment imposed u/rule 14?
Guest
(Expert) 04 April 2011
Dear Pradeep Kumar,
The query does not seem to be complete, as you have not mentioned whether the employee published the deposition of the witness in any newspaper or just showed to other employees?
Anyway, since the case has already been decided and copy of the deposition was duly provided to the employee during the inquiry proceedings by virtue of which he becomes the owner of the document and has the right to reveal that to any one.
Further there is no such provision in the CCS (Conduct) Rules, which prohibits the charged official not to divulge the truth or falsehood about the inquiry process, as was conducted against him.
But from this instance the question arises, why the employee felt the need to publish a specific deposition? That clearly reveals that with the punishment the employee has not received justice in the case. Naturally, both the Inquiring Authority as well as the Disciplinary Authority have not taken the deposition in to account or in right perspective of the fact revealed by the witness. In that case, the need is to review the dicision of the Disciplimary Authority by the Reviewing Authority under the CCS (CCA) Rules, and not to take any action on the employee, who already seems to have been wrongly punished. Any action on this count if taken against the employee would amount to double wrong against the employee in addition to the wrong already done to him.
