Cca appeal - clarification
Gajendran
(Querist) 24 December 2014
This query is : Resolved
Smt. Kempamma a D-group employee working in the school is been dismissed her from service. The charge leveled the employee that the applicant at the time of joining service under compassionate grounds that her date of birth as 10-07-1966, that on verification of school records it is mentioned as 18-06-1954.
The employee aggrieved by the impugned order dismissing from service & made an appeal to the appellant authority on the grounds that,
1.Impugned order is Illegal & contrary to CCA rules.
2.Impugned order is passed without providing an opportunity to applicant.
3.The employee submitted to the disciplinary authority that it is not possible to produce documents in single sitting & sought one months time. But the enquiry officer within one week submitted enquiry report that applicant is guilty of charges & charges have been proved.
4.The enquiry officer without examining any witness in enquiry the enquiry has been completed.
5.The disciplinary authority addressed a communication to Commissioner to seek clarification & guidance regarding dismissing the applicant from service. Even before the commissioner could say in the matter, & even with reference to the order of the Commissioner the disciplinary authority issued impugned order.
Clarification is sought for the following:
1.In the appeal application the applicant had given the address for the purpose of service of notice, summons etc that “#145, 5th cross, Gandhinagar, Bangalore” which is the applicants daughters residence. But the appellant authority in the letter dated:12-12-2014 (The letter is been received on 19-12-2014) have served the notice to the address that “Thirumale, (Near Marappa temple) Magadi town, Ramanagaram district” where the applicant resides. But the later address is not mentioned in any of the applicants appeal letters. Is the action taken by the appellant authority is legal.
2.In the same letter the appellant authority has fixed 27-12-2014 for hearing & has advised to the applicant to produce the following documents in Orginal on the date.
a.Voters ID Card
b.Aadhaar Card.
c.Birth certificate of applicants daughter.
d.Any other documents regarding Date of Birth pertaining to applicant.
Does the appellant authority can ask the above documents now. Is this a legal one.
Guest
(Expert) 24 December 2014
Mr. Gajendran,
The difference in age of the employee is not in days or months, but difference of more than 12 years is quite alarming.
One thing you and the concerned employee should understand that the evidence of defence against the charges is more crucial than the lapse in procedure, if any. If the employee felt that the charge was wrong, he was obliged to present the evidence in his favour during the inquiry proceedings. If the delinquent employee failed to submit any crucial evidence against the charge, the inquiry officer could not be expected to help having no option other than to believe the charge to be proved.
However, reply to your queries is as under:
1) Last known address of the employee, not of his daughter is relevant for the purpose of exchange of any communication or decision by the appellate authority. So, there is nothing wrong on the part of the appellant authority, if he addressed his communication at the residential adress of the dismissed employee.
2) Before disposal of appeal, it is quite necessary for the appellate authority to satisfy himself about the submissions of the employee. So, instead of raising any objection, the employee should rather be thankful to the appellate authority that he has allowed the charged official a second chance for his defence asking for very essential documents related to his birth or his children for the sake of justice, which he is not obliged otherwise.
Rajendra K Goyal
(Expert) 24 December 2014
The appellate authority has given the chance to the delinquent employee to provide documents helpful in the case, avail the opportunity and submit the required documents.
P. Venu
(Expert) 25 December 2014
During the hearing before the Appellate Authority, the employee can take the assistance of a Defense Assistant.
Sudhir Kumar, Advocate
(Expert) 24 January 2015
Pri-ma facie agree with with Mr Dhingra i would observer as under:-
The allegation is that the adequate opportunity is not given during the inquiry. No concrete view can be expressed without seeing papers.
Sudhir Kumar, Advocate
(Expert) 24 January 2015
I may partially disagree with Mr Venu. There is no procedure of DA being present during personal hearing by Appellate Authority. There is also no such obligation on Appellate Authority to allow him.
Apparently the Appellate Authority is stepping into the shoes of Investigation officer (not even Inquiry Officer) and dating the proceeding back to pre-chargesheet.
