Appeal under CCA Rules
Syed Sadiq Hussain
(Querist) 06 July 2017
This query is : Resolved
I belonged to Karnataka Civil Services. The KCS (CCA) Rules, 1957 do not provide for appointing a retired officer as Inquiring Authority. However, in my case a retired officer was appointed to conduct inquiry against me, in violation of Government's instructions issued in this behalf.
Based on the report submitted by such inquiry officer, the penalty of compulsory retirement is imposed on me. Thereby, I had preferred an appeal against the punishment within the stipulated time limit. Meanwhile, I had made a request for the sanction of pension. The pension was sanctioned after the expiry of time limit prescribed for preferring appeal. The appeal was kept pending for Two years. However, now the same is rejected on the sole reason that, as I had made an appliction for pension it amounts to accepting the punishment.
Therefore, the Hon'ble experts may be pleased to guide me about the remedy available to me.
krishna mohan
(Expert) 06 July 2017
Based on the report submitted by such inquiry officer, the penalty of compulsory retirement is imposed on me. Thereby, I had preferred an appeal against the punishment within the stipulated time limit. Meanwhile, I had made a request for the sanction of pension.
I agree with the views of above expert. But, you can seek the noting sheet for your relief and the grounds cited before you decide for appeal under RTI (or) can request for inspection of file under RTI. If your pension is not sanctioned due to compulsory retirement under appeal, you can appeal. Legal expert specialized on service matters after perusal of all documents can guide you the right course of action.
Syed Sadiq Hussain
(Querist) 06 July 2017
Hon'ble Experts;
I have been retired compulsorily u/r 8(vi) of the KCS (CCA) Rules, 1957 based on the inquiry report of the unauthorised inquiring authority. Pension is sanctioned to me upon my application, during pendency of appeal.
Appeal is rejected now (after 2 years) stating that by making application for pension, I have accepted the punishment.
kavksatyanarayana
(Expert) 06 July 2017
In most of the State Government Employees Rules of CC&A Rules, if an inquiry is pending then pension will not be sanctioned till conclusion of the charges. But in the meanwhile "Provisional Pension" not less than 75% of actual pension will be sanctioned by the appointing Authority. (2) under CC&A rules, no Retired Officer will be appointed as Inquiring Authority and rules do not permit. Any Retired officer may be appointed as Presenting Officer but not Inquiry Officer. though you accepted the punishment, file appeal to the next appellate Authority that the Enquiry was conducted by a Retired Officer which is against to CC&A Rules. all the best.
Rajendra K Goyal
(Expert) 07 July 2017
If the provision of second appeal / review exist exhaust the provision first.
otherwise challenge the decision of the appellate authority.
P. Venu
(Expert) 14 July 2017
The Appeal has not been decided in a quasi-judicial manner. You may seek judicial review of the decision.
