Re ccs (cca) rules and principles of natural justice
Dr Sangh Mittra
(Querist) 03 October 2012
This query is : Resolved
Many Thanks to the best Expert on this forum, "Shri Dhingra Sahib". I do not know why others have hesitated to help me with their inputs or with at least case Laws. May I humbly request ,if they can.
Sir, Thanks for your kind reply. I could not write every thing as the story was running too long and this one is yet l o n g e r. Any way since you have enquired about the omissions on my part in the query I would narrate these. And, as an Officer I promise offer a Guru Dakshina . I am contesting the case myself- have no trust in any Advocate now , almost all except a few reportedly and experincingly got bought over and cheated me – joined my tormentors.
Question/ noting of the Expert
“At first, there is no rule for the suspended officer to go to office just to mark attendance.”
My addition
I was not under Suspension after the Court had quashed the old charge sheet- had been reinstated with the clause that I would mark daily attendance and would not be given any work till the completion of the Inquiry.
“Secondly, when you received orders from the said person with the direction "with the approval of the competent authority the undersigned proposes to hold an Inquiry under Rule 14 of the CCS CCA Rules 1965 against ..." you were not bound to adhere to such an order issued by any authority other than the Disciplinary Authority himself.”
I was never served the charge sheet dated as 16.7.2007 in person nor it could reach me by post. I thought I was not bound to obey it but they threatened to hold ex parte and did so. The said Deputy Director had cleverly annexed the said Charge sheet signed by him in reply to the Notice issued to him under Writ of Quo Warranto filed by me questioning his authority in Office. And Later the Inquiry Officer had sent the same Charge sheet to me in his letter dated 27 September 2007.
I had objected to the said issue before the Disciplinary Authority but no reaction, I wrote to the Govt no reaction, I wrote to the CVC requesting for the protection of a whistle blower as I was deemed by the Court also.
I had also given it in writing to the Inquiry Officer on the only day I appeared before him on 18 December 2007 I appeared before him on the advice of the Chairman at least go once lodge your complaint, lodge your protest and tell him that the Inquiry be held in the office premises of my organisation and about the Deputy being Deputy Director and not the regular Secretary The Inquiry was being held at I.O residence, also his son's Law Firm and he being one on its panel and that too in the inconvenient evening hours. He, a retired Judge was also a practicing as Advocate in the Supreme Court of India.
“Further, you have not made any mention anywhere about whether you engaged or not some other officer as your defence assistant in any of the two inquiry cases and what they had been contributing, particularly when the inquiry was held ex-parte during your being on leave?”
The First Inquiry had never taken off. I had gone to the Court and it had been stayed and remained as such. ( Later on they changed the Inquiry officer and brought in a retired High Court Judge}I never engaged a Defence Assistant and the fees being asked were hefty which I could not afford.
“Even if you were on leave, the question arises, whether you tried to inform the Inquiring Authority in writing or not that you would not be able to attend the inquiry due to your being on leave?”
There is a record to the effect that I had written letter to the Disciplinary Authority with copy to the Inquiry Authority that I have been advised rest and woulld not be able to attend.
The Deputy Director Administration of my organization had made a Note on file and obtained the signatures on it of the Presenting Officer and that of the Departmental Witness on 7.7.2008 and yet on the followingday they deposed before the Inquiry Officer producing the Affidavits dated 15.5.2008.And the prosecution evidence was closed.
“You have also not made any mention what caution your present advocate could take to get the notices addressed correct;y and served to the defendants?”
The Advocate who I engaged, as I stated joined hands with my Organization, and he first kept me running up to him for about one month. He insisted that I reply to the Notice issued to me as why I should not be removed from service. I wrote a long one pointing out all lacuanaes. Then he filed a Writ and seems to have informed my Adversary Advocate from his village in Biha. So the writ was filed on Monday and it came up for hearing on Tuesday. On Monday I had attended the office. But on the first day of hearing on Tuesday the organization’s Lawyer stated to the Court that the Department had acted upon my representation and had already passed final order of Compulsory retirement on Saturday itself. (When the office remains closed. I obtained the call data record of the Secretary who had signed the final order and it proved that he was somewhere in Western UP and on roaming. The Adversary Advocate stated in the Counter Affidavit that the clerk had typed the date as 25.9.2010 as the Order issued on 27.9.2010 was to be effective from 25.9.2010. My Advocate withdrew the Writ and filed another one and that too he sought permission to amend, one after another etc. Finally I took the matter in my hands and I have been filing rejoinders after the Notice and after the Counter Affidavits .
I had given the correct Address as given by a Respondent who had mentioned the same in his predated Affidavit produced as evidence before the I.O on the day ex parte Inquiry .
“About your query, "Please advise if the said Deputy Director, who had himself been a witness in the quashed by Court charge sheet , and while holding additional charge competent to propose an Inquiry," there are plenty of informations about the said Dy, Director, which you have omitted to mention in connection with the case, e.g., (1) whether he was appointed to officiate on the posts on continuous basis, or was made just to look after the charge without any remuneration? (2) whether he was the signatory of the Charge Sheet, or just proposed issue of Charge Sheet on note sheet in compliance with the Court's order? (3) Who was the Disciplinary Authority in your case under the provisions of the CCS (CCA) Rules? (4) Who issued the orders of appointment of the I.O. and the P.O, whether your Disciplinary Authority or by the said officiating officer under his own signatures? (5) Who decided your disciplinary case with the award of penalty of compulsory retirement? and (6) who signed the orders of your compulsory retirement?”
“(1) whether he was appointed to officiate on the posts on continuous basis, or was made just to look after the charge without any remuneration?’
(1) The said Deputy Director had been given the additional charge of the post of Secretary in addition to his own duties as a Deputy Director without any remuneration and was to continue till the appointment of a regular incumbent but even this Order had been modified on 26.6.2007 by the Govt directing the Chairman that the charge be given to the senior most regular employee which I was. File noting of the Ministry showed the directions had come for me but my name had not been mentioned. It is only after this that the said Deputy Director hastened the process and signed and issued the charge sheet particulary so after I had filed the writ of Quo Warranto questioning his authority to continue.
“(2) whether he was the signatory of the Charge Sheet, or just proposed issue of Charge Sheet on note sheet in compliance with the Court's
order?”
He was signatory who had signed the Charge sheet. He had also commenced the proceedings of the issuance of charge sheet , proposing on file as well as himself proposed to hold an Inquiry “ With the approval of the competent authority…. The undersigned proposes to hold…” and the Memo of charges bore his signatures . The Disciplinary Authority the Chairman had not sign the charge sheet.
“(3) Who was the Disciplinary Authority in your case under the provisions of the CCS (CCA) Rules?”
The CCS CCA Rules have been adopted by our organization mutatis mutandis, it is a regd Society registered under Societies Act under the Indusrry Department of Delhi Govt. The original Regulation have no reference to the CCS (CCA) Rules. The Honorary Chairman has been mentioned as the Disciplinary Authority in the Regulations.
“(4) Who issued the orders of appointment of the I.O. and the P.O, whether your Disciplinary Authority or by the said officiating officer under his own signatures?’
The order of the appointment of Inquiry Officer were issued by the Disciplinary Authority on 27.8.2007. The said Deputy Director kept meeting the retired Judge appointed as Inquiry Officer. I had no information about the charge sheet by then nor the letter of the appointment of the I.O had been delivered to me. Moreover the said Deputy Director was not holding appointment on officiating basis but was holding the additional charge (In the Counter Affidavit it has been wrongly mntioned as Officiating in contravention to the actual position .
Till date I have not seen the Order of appointment of the P.O and even when the I.O sent to me the charge sheet signed by the said Deputy Director he mentioned please find the Order of appointment of the P.O but it was not there. He had not sent his own. When I wrote to the Chairman he said he appointed Justice… on the Orders of the Court by Justice… so and so. I was too confused and helpless as the whole world was falling on me and every body wanted money to help me. I kept writing complaining to the Govt to the CVC who said even their advice had not been taken, they wrote to know from my Disciplinary Authority and wrote to the Govt that no order should be passes against me till the completion of the Direct Inquiry ordered by CVC but no one cared about CVC.
(5) Who decided your disciplinary case with the award of penalty of compulsory retirement? and
The said Deputy Director was removed from holding the additional charge on many complaints against him where he had charge sheeted two of his senior Deputy Directors as well. One Deputy Director an SC approached SC Commission. His charge sheet was withdrawn six months after his retirement on the leagal advice that the said Deputy Director who had signed the charge sheet while holding the additional charge had no statutory powers to do so. The copy of the advice is with me.
The Other Deputy Director a Muslim approached the Minorities Commission . His Inquiry had been completed, charges proved against him but I do not know how even in his case the proceedings were, thankfully dropped but only after his retirement.
I am unfortunately a general candidate and unfortunately born a poor Brahmin but in Punjab we do not believe in castes
“(6) who signed the orders of your compulsory retirement?”
The said Deputy Director retired in September 2008. The Inquiry Report had been received in August 2008.
I was called for interview for the post of Secretary ( so I thought in my case also all was a past) I attended the interview with the Chairman and others not mentioning a word of Inquiry Report.
A close friend of the said Deputy Director was selected as a Regular Secretary in October 2008.
On 19.1.2009 I was called for a cup of tea by the new Secretary and to my surprise he handed me a letter signed by him ( stating with the approval of the chairman enclosing the Inquiry Report dated 27.8.2008 and asked me to make a representation .
I approached now CVC and the Govt as no First Stage Advice or Second Stage Advice had been sought nor given to me.
CVC asked my Chairman for reasons for not obtaining First Stage Advice and directed please seek this in the future. CVC said put up the case for second stage advice.
In February 2010 the new Secretary came to the tentative conclusion on files which I have a copy of the imposition of Major Penalty upon me and wrote on file the chairman may approve. The Chairman wrote approved as proposed. This paper obtained under RTI I have annexed on paper file.
The CVC gave Second stage Advice for the issuance of caution memo in the facts and circumstances of the case .
By this time April 2010 the Disciplinary Authority Chairman had finished his fixed term of Office and was asked to continue in office till the appointment of a regular incumbent.
As I said I was given a Memo as to show cause as to why the Major Penalty of removal of service be not imposed upon me. And my Advocate had thrown file saying either you reply to this or take the file away. So I replied.
The final orders of compulsory retirement coupled with disqualification for future employment in any capacity were signed by the Secretary and a fax had been sent to the Chairman in his Home office in Siliguri (W.B).
I have a copy , annexed on Paper file of the Chairman’s reply fax stated approved as proposed upon taking legal advice. The fax reached Secretary Office at 15.45 hours on 27.9.2010 and the Speed envelope bears exactly the same time 15.45 and date of the posting of the letter of compulsory retirement which their Advocate had produced in Court on 28.9.2010 issued on 27.8.2010 dated as 25.9.2010 signed not by the Disciplinary Authority by the Secretary stating this issues with the approval of the Chairman.
Another letter followed now with Office Order signed by the Secretary stating with reference to the Order dated 25.9.2010 I was no longer on the rolls of my organization and could file papers for claiming all retrial benefits.
After having been duped by my Advocate, and others behaving like vultures I took the case in my hands. I applied for pension without prejudice past my age of superannuation and I am getting it and I am surviving with stigma and shame and this comes in way of my applying for any other academic assignment despite myself being Gold Medallist etc .
I have copy of the letters of CVO of Govt annexed on file that the consultaion process of the CVC has been scuttled in my case. That of the CVC that the victimisation is discernible for my making complaints of their financial irregularities.
Sir It is still a good world to live and breath with the likes of Shri Dhingra ji who had answered my similar query earlier enlightening me that two penalties or parts thereof can not be combined . I used this info in my rejoinder and the day I win my case with inputs from the experts like Dhingra Sahib I would faithfully make a hefty Guru Dakshina . I am hopeful no one will trat me like Eklavya in this esteemed Forum.
Guest
(Expert) 03 October 2012
Dear Dr. Sangh Mitra,
Thanks for your compliments. I can understand the plight of people whose advocates fail to not give due care and attention to their case. Better send point by point incident in brief and chronological order at my email ID [dcgroup1962@gmail.com] to enable me to see that in my liesure time to properly concentrate on that.
Dr Sangh Mittra
(Querist) 03 October 2012
Thanks for your kindness and I pray for your help
Guest
(Expert) 04 October 2012
You are welcome.
