Disciplinary proceedings......after 5yrs
chitra gupta
(Querist) 28 June 2012
This query is : Resolved
one interesting matter has noticed....one employee under suspension was further chargesheeted and appointment of new io and po were made by the disciplinary authority 5yrs back...the employee under suspension had levelled biasness charges against the io with documentory evidences....the disciplinary authority was totally silent on that issue(INCLUDING THE IO ALSO) for the last long 5yrs(means did not proceed the proceedings but had stopped the payment of subsistance allowance,which is still continuing)....during these periods the employee had requested to disburse him subsistance allowances wanted to know the out come of his biasness charges levelled....but there was no reply.....very recently the disciplinary authority has appointed new io and po for the same proceedings without giving any reason behind that....as per law we have to conclude the disciplinary proceedings as soon as possible in the interest of the suspended employee.....here,vindictive attitude is found because the employee again and again asked for the disbursement of unpaid subsistance allowance in full(ie,75% for 60 months)....here,how can we protect the illfated suspended employee and what will be his present stand in respect of newly appointed io/po---disciplinary proceedings.....plz.help the employee...thanks(.)
Sudhir Kumar, Advocate
(Expert) 28 June 2012
You have not stared whether he is Govt employee or not. It apepars he is Govt employee or PSU.
The accused objected to the appointment of IO. The IO Did not proceed with the Inquiry. His role is perfect within law. Nothing less or nothing more the IO could have done. IO appears to be seasoned and experienced.
Now the Disciplinary Authority has changed the IO on the face of it there is nothing worng. Nothing stops Disp Authroity to change PO as well and no reasons are required to be subscribed. The action per-se is perfectly legal.
What illegal is that delay of five years which cannot be explained by the Disciplinary Authroity and non-payment of subsistance allowance (if the employee has not abstanined from giving certificate of non-emplyment). He can move to court for quashing of chages on the gound of unreasonable delay and also for payment of subsistance allowances arrears.
Since non-payment of subsistance allowance is treated as denial of defence oppurtuinity the official can seek stay of the proceedings till payment of subsistance allowances (unless the non-payment is attrributable to him).
You have not stated whether the suspension has been regalarly reviewed at the interval of 90 days. If not then he is deemed reinstated and should ask ful full salary.
chitra gupta
(Querist) 28 June 2012
thank u sir for ur prompt reply.....the employee belongs to a govt.orgn.....1)as per ccs(cca)rules,whwnever an application is moved by the govt.servant against whom discp. proceedings have been initiated against the io on the grounds of biasness ,the proceedings should be stayed and the application referred,along with relevant materiallllllllllllllllllllllll to the appropriate reviewing authority for consideration and PASSING APPROPRIATE ORDERS THEREON(extract from cs(deptt of personnel)om no39/40/70-ets(a),dtd 09.11.1972>>>>>HERE, iam talking about the order of the competent authority for changing the io and po when both are in services 2)no periodical mandatory review has been made or no copy of "such review" has been endorsed to the suspended employee,which i found from the records/file of the employee....plz. suggest the legal procedure....thanks(.)
Guest
(Expert) 28 June 2012
Stoppage of subsistence allowance is illegal. Suspension also became invalid after 90 days if that was not extended formally after review for a further period before the expiry of 90 days. Stopaage of subsistence allowance for the period of suspension is also illegal.
Inordinate delay of 5 years on the part of the disciplinary authority in change of inquiry officer is also illegal. Clearly, this is a case of deleberate delay on the part of the Disciplinary authority, who seems to be biased and prejudiced person who tried to misuse his position.
You may challenge the suspension and inquiry proceedings in the CAT and get the suspension order quashed and to be treated as a duty period. You may also lodge a complaint to the CVC against the disciplinary authority requesting for disciplinary action against him for his intentional and deleberate delay in change of the I.O., as well as non-review of the suspension order, due to his biased and prejudiced attitude.
Through your complaint to the CVC, you can also request for recovery of the amount of subsistence allowance from the salary of the disciplinary authority for causing undue loss to the department on account of illegal unreviwed suspension.
chitra gupta
(Querist) 29 June 2012
thank u sir for ur valuable suggestions....now first of all the suspended employee should make a reply inrespect of the appointment of new io/po to the disciplinary authority(i think so)....in which way the letter should be given..?.we are expecting the notice of hearing from the io at an early date and there is every possibilty of "to be biased"from the part of the io who is from the same govt deptt. and is working under the direct supervision of the"BIASED AND PREJUDICED"disciplinary authority....plz.guide, sir.....thanks(.)
malipeddi jaggarao
(Expert) 29 June 2012
The guidance given by the above two experts is perfect. Simultaneously you apply under RTI for the file notes as to whether the suspension is being reviewed periodically, causes for delay in appointing the new IO & PO. Seek judicial remedy requesting quashing of suspension order on the grounds of inordinate delay. Reply to the disciplinary authority if the notice is served about the conduct of enquiry, demand for payment of arrears of subsistance allowance.
Sudhir Kumar, Advocate
(Expert) 15 July 2012
I will add that filing RTI for noting on suspnesion reveiw may not be needed. Suspension is not reviewed if youhve not received any order.
The advise of Mr Dhingra is also relevant as the Disciplinary Authority itself can be liable for disciplinary action.
Sudhir Kumar, Advocate
(Expert) 15 July 2012
I will coreect.
The advise of Mr Dhingra is also relevant as the Disciplinary Authority itself can be liable for disciplinary action for causing undue delay in finalisation of the case.
If the suspension has really not been reviewed then please refer to rule 10 (6)&(7) of CCS(CC&A) Rules :-
(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.
(7) An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days :
Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.�
Sudhir Kumar, Advocate
(Expert) 15 September 2012
started new thread at
http://www.lawyersclubindia.com/experts/preliminary-enquiry-started-in-a-psu-after-5yrs-removing-the-biased-io-and-po-also-but-non-disburse-338736.asp
Pleas fight against injustice seriously.
Meet someone well versed in Disciplinary matters.
Sudhir Kumar, Advocate
(Expert) 21 September 2012
new query at
http://www.lawyersclubindia.com/experts/Employer-employee-relationship-340201.asp
Sudhir Kumar, Advocate
(Expert) 23 November 2013
It may be in your own interest to put all facts in one thread. You are having multiple queries:-
http://www.lawyersclubindia.com/experts/disciplinary-proceedings-after-5yrs-317986.asp#.UpAYYCfQzmk
http://www.lawyersclubindia.com/experts/preliminary-enquiry-started-in-a-psu-after-5yrs-removing-the-biased-io-and-po-also-but-non-disburse-338736.asp#.UpAZdSfQzmk
http://www.lawyersclubindia.com/experts/employer-employee-relationship-340201.asp#.UpAZpSfQzmk
http://www.lawyersclubindia.com/experts/tender-floated-violating-govt-norms-340996.asp
This is against your interest as by half facts you will give half advised which may be incorrect if seen in total perspective.
DO NOT BE YOUR OWN DAMAGER
ajay sethi
(Expert) 23 November 2013
agree with sudhir kumar
