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Initiation of disciplinary proceeding by appellate authority

(Querist) 30 October 2013 This query is : Resolved 
Respected Members,

Am in need of some authority on the point 'Initiation of Disciplinary Proceeding, issuance of charge sheet by authority higher than the Disciplinary Authority viz. Appellate authority, vitiates entire proceedings'

Matter is concerned with CCS (CCA) Rules, 1965, though rule position shown to the P.O. still the Tribunal is insisting for authority.
Sudhir Kumar, Advocate (Expert) 31 October 2013
Not even sketchy facts. you are giving no facts.



There case is at mature stage of CAT and you want an advise leaving everything to the imagination. In such situation it will be a miracle if you get correct advise.


You cannot cause grear harm to yourself.
Rajendra K Goyal (Expert) 31 October 2013
For citation do home work.
ajay sethi (Expert) 31 October 2013
we dont provide citations . search in indian kanoon.com
Murali Krishna (Expert) 31 October 2013
It is a normal procedure to initiate disciplinary proceedings by the lowest authority competent to do so. However, it is not mandatory, especially as long as there is another authority to which you can submit an appeal, how so high such authority. Therefore, the disciplinary proceedings do not vitiate just for this reason.

Raj Kumar Makkad (Expert) 31 October 2013
Well advised by experts so no more to add.


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