Discipline & appelate rule
subhash prasad singh
(Querist) 19 April 2016
This query is : Resolved
I was served minor penalty charge sheet and after reply two sets priviledge pass stopped.later on appeal to appellate authority punishment enhanced to two years annual increment stopped.I file case in CAT/calcutta bench.CAT quashed both disciplinary & appellate order due to procedural lapses with liberty to respondents to act accordance with law.on the basis of CAT order appellate authority passed order that charges dropped and you are exonerated from the charges.later disciplinary authority issued notice to re inquiry in same matter. is it permissible in law.
Sudhir Kumar, Advocate
(Expert) 19 April 2016
whole set of documents need to be seen.
You are yourself intimating that the CAT has ordered dropping of charge due to procedural error and asked deptt to act as per law.
This indicate that deptt is permitted to resume the proceedings.
Sudhir Kumar, Advocate
(Expert) 19 April 2016
repeated
http://www.lawyersclubindia.com/experts/Discipline-appelate-rule-594591.asp
P. Venu
(Expert) 19 April 2016
Are you sure that the Disciplinary Authority had "exonerated" you?
Kumar Doab
(Expert) 19 April 2016
Why to repeat the query!
subhash prasad singh
(Querist) 19 April 2016
appellate authority had exonerated. But disciplinary authority want fresh proceeding on same matter.
Rajendra K Goyal
(Expert) 19 April 2016
Full case file and documents need to be referred, there seem to be some irregularity in issuing charge sheet on same charges after letter of exoneration after CAT orders.
Discuss with your CAT lawyer.
