Minor punishment after initiating procedure for imposing major punishment..?
Querist :
Anonymous
(Querist) 11 August 2011
This query is : Resolved
Sir, I working as R.A in Punjab State Electricity Board, when i was chargesheeted on some false allegations.I submitted reply but was punished with 3 incremenst stoppage without future effect(which is minor punishment), without holding enquiry. I prefered appeal to appellate authourity which was rejected.I have filed civil suit where I raised points that punishment order is not with reasons, it is only stated in order that "reply is not satisfactory", similarly appeal was also disposed without reasons. Secondly I have read anywhere that minor punishment cannot be awarded when punishment procedure was initiated for imposition of major punishment. I am in need of Supereme Court/High Courts judgements in favour of such pleading....please help ...
Guest
(Expert) 12 August 2011
Dear Anonymous,
It is for your information that minor penalty can be imposed by the competent authrotiy through a speaking order quoting the reason for not accepting your submissions, even if major penalty charge sheet is issued. However, the penalty cannot be imposed by by the authority other than the authority who issued the charge sheet.
BUT, in your reply to charge sheet, if you have not specifically denied the charge or not mentioned that you wanted to be heard in person, the competent authority is not bound to appoint any inquiry officer to hold a regular inquiry. He can decide the case on your reply to the charge sheet.
However, on appeal, the competent appellate authority, if he rejects the appeal, has also to issue a speaking order quoting valid reasons for not accepting your submissions, NOT by merely stating that your reply was not satisfactory.
YOU CAN DEFINITELY CHALLENGE THE ORDER OF PENALTY/ DECISION OF THE APPELLATE AUTHORITY IN A COURT OF LAW THROUGH A COMPETENT LAWYER.
Querist :
Anonymous
(Querist) 12 August 2011
Thanks for your interest, but sir I have asked for citations/ references of judgements of Supereme Court/High courts in the matter as I have already filed civil suit....can you provide ? I shall be thankful
K.S.Srinivas
(Expert) 13 August 2011
It is established that courts generally will not interfere with the the punishment awarded by the disciplinary authority unless it shakes and shocks the conscious of the court.
Guest
(Expert) 21 August 2011
Please refer to Government of India's clarification in the shape of Government of India's decisions and instruction in the CCS (CCA) Rules 1965, in view of which you may not need citation of any case law. All the Rules of States' and autonomous bodies are based on the rules of the central Government.
