to know about Disciplinary proceedings.
Binod Kumar Behera
(Querist) 25 July 2009
This query is : Resolved
Sir, In a Disciplinary proceeding, 'A' has been removed from service by the authority 'B', he has acted as a Disciplinary Authority of 'A' by delegation of power by 'C', who is the actual Disciplinary Authority of 'A' as in Schdule Part-V.
Sir, in this situation, now i want to know that, whether 'B' is the real Disciplinary Authority or not or whether that delegation of powers by 'C' is valid or invalid, plz kindly give your suggestion sir, cus, it is a matter of life and death of a person.
Sir, i am waiting for your reply as soon as possible.
Thanking you with esteem regards.
Kiran Kumar
(Expert) 25 July 2009
for this u ll have to check whether the relevant rules of the service or the organisation permitted delegation of such an authority.
if not then certainly the removal is illegal.
another thing only appointing authority or authority senior to it can remove a person from the services, not the subordinate one.
whether an opportunity of being heard was given or not?
take all such issues in mind and proceed.
