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-594586.asp
P. Venu
(Expert) 19 April 2016
Are you sure that the Disciplinary Authority had "exonerated" you?
subhash prasad singh
(Querist) 19 April 2016
the appellate authority exonerated me and gave me letter of exoneration.but disciplinary authority want to issue fresh charge sheet after date of exoneration by appellate authority.
subhash prasad singh
(Querist) 19 April 2016
Appellate authority had exonerated but not by disciplinary authority.
Kumar Doab
(Expert) 19 April 2016
Why to repeat the query!
Rajendra K Goyal
(Expert) 19 April 2016
Are the charges same?
Discuss with local service law expert / your lawyer at CAT after showing him all the papers.
On the face it seems irregular that after exonerating after CAT orders, again charged on the same charges.
Dr J C Vashista
(Expert) 19 April 2016
If you are not satisfied with the "earlier" response from the experts you are advised to consult a local prudent lawyer, without wasting time and energy for repeating same query.
Do not play smart with experts.
subhash prasad singh
(Querist) 19 April 2016
charges are not same.earlier charges are vague.now alleged different charges in same matter.
subhash prasad singh
(Querist) 19 April 2016
sir, I am not westing your valuable time.I just want to know that if appellate authority had exonerated,disciplinary authority can order re enquiry in same matter with different charges.
Sudhir Kumar, Advocate
(Expert) 19 April 2016
when you have yourself stated that CAT has permitted to proceed afresh (atleast appearing from your wording) then why do you spread confusion and in return get multiple confusion.
given facts do not show any irregularity.
someone has to read the 10 Kgs of stationary which you have accumulated so far without which none can form a useful view to advise you.
Kumar Doab
(Expert) 19 April 2016
Consult an able counsel and show all docs on record.
Dr J C Vashista
(Expert) 20 April 2016
Show all the documents qua your case to either (any)of the experts on this platform with a DD of Rs. 5500/- for proper advise.
