Disciplinary Proceeding
mukesh Gupta
(Querist) 05 July 2011
This query is : Resolved
Now a days the disciplinary proceedings have become very complicated. many judgments have been passed on following the natural justice principles.
My queries are as under;
1. whether in a case where major penalty proceeding have been initiated can disciplinary authority impose minor penalty?
2. If yes, whether it needs to give the enquiry report as viewed by Supreme court in B. Karunakar case.
3. what will be the position if the the disciplinary authority for major & minor penalty is different.
i am of the view thst yes the minor penalty can be passed and therein no need to give enquiry reprt. but i have doubt about thrid part. I am of the view that the concerned disciplinary authority of minor penalty should pass the order.
Pls guide.
Advocate. Arunagiri
(Expert) 05 July 2011
1. Yes it is possible.
2. Proper findings has to be given for imposing any penalty.
3. Naturally the major and minor penalty will be different. It has nothing to do with the position of the authority.
Isaac Gabriel
(Expert) 05 July 2011
For imposing minor penalty,the procedures like furnishing the enquiry report, show cause notice etc could be waived.
prabhakar singh
(Expert) 05 July 2011
your own view is correct,why you doubt your view.
niranjan
(Expert) 05 July 2011
minor penalty can be given by immediate boss under whom employee is working but for major penalty only appointing authority can inflict major penalty.
K.S.Srinivas
(Expert) 06 July 2011
1. Yes. Even though the proceedings are initiated for major penalty, the case may end up with issue of minor penalty. There is no bar.
2. In case of major penalty only, the enqiry report needs to be given.
3. Even though there different disciplinary authorities for major & minor penalties, the authority competent to award major penalty is not debarred from issuing minor penalty.
mukesh Gupta
(Querist) 06 July 2011
adding to my query's part third: when the authority of disciplinary proceeding for major penalty is the appellate authority in case of minor penalty in such a situation as above can he pass the minor penalty. If yes, in that case to whom appeal against minor penalty will be filed.
Guest
(Expert) 06 July 2011
Dear Mukesh,
Replies to your queries, including supplementary query are as follows:
1. In a case where major penalty proceedings have been initiated the disciplinary authority can impose minor penalty after the proceedings are over?
2. Since inquiry for major penalty proceedings are intiated, it is mandatory for the Disciplinary Authority to supply the copy of inquiry report submitted by the inquiring authority and to allow the charged officer to represent against the inquiry report, if he likes. This process cannot be ignored, even if decided to award minor penalty.
3. In case where the proceedings are initiated under major penalty, but on completion of inquiry minor penalty is proposed to be given, the penalty should not be awarded by any authority lower than the authority who issued the charge sheet. Disciplinary authority in that case will not change.
4) The authority, who issued the major penalty charge sheet will remain as the disciplinary authority even if minor penalty is awarded. It will be irregular on his part if he acts as the appellate authority in that case. Next authority in the hierarchy of Appeal Rules will become the appellate authority in that case.
