Revision underrule 29of ccs rules1965
gaurav
(Querist) 11 August 2011
This query is : Resolved
sir,
my client is working in clerical post in min.of defence.deptt has imposed penalty for some misconduct. now deptt.wants to enhance penalty under rule 29 and scn has ben served.my client may prefer appeal to cat and time limit is one year forthe appeal. canu tl me time limit for revision by deppt to enhance the penalty under rule 29 of ccs rules.
Guest
(Expert) 11 August 2011
Dear Gaurav,
There are different authorities who can revise the penalty orders and time frame for revision depends upon the department and the status of the authority proposing to revise the order to enhance penalty.
But, before that, since you want to prefer an appeal in the CAT, it needs to be seen, whether all necessary channels within the concerned department have been exhausted by your client or not? Even in revision case, there is a provision to prefer a representation on the proposal to enhance the penalty to the competent appellate authority in the hierarchy. If no representation/appeal is preferred to the competent authority within the prescribed time, the revising authority can pass an order to enhance the penalty presuming that the charged official did not have anything to say against the proposal. That may not only weaken the CAT case in itself, but also the CAT would straightforth be free to dismiss the case on asking whether any appeal was preferred or not to the competent authority.
So, please clarify--
1) Whether there is a proposal to enhance the minor penalty to another minor penalty or minor to major, or major to another major penalty?
2) After how much period the revision has been taken up and which authority of which department has proposed to enhance the penalty?
3) Whether any appeal was preferred to the appellate authority by the charged official on communication of the penalty order?
4) Whether representation against the revision proposal has already been made to the competent authority or not. If representation made, what is the outcome of the representation?
PS Dhingra
