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chitra gupta (consultant)     22 November 2013

(suspended)disciplinary proceedings--io retd & re_employed

Respected sir(s),  One senior govt.officer(mr. X)was assigned the additional charges of IO as a Deputy Secretary(finance) of "Y" Deptt. by the disciplinary authority of a Psu under "Z"ministry and later on suspended the enquiry proceedings(after accepting the representation of the CO) without fixing the next date of DP n.about 18months back. In the mean time mr."X" retd from service and was immediately re_employed on contract basis as an advisor in another concern under the admn control of same "Y" Deptt.and "Z" Ministry.Recently mr"X" as an advisor had issued one notice to the CO(using the letter head of the new concern) fixing the next date of suspended DP without forwarding any communication/authorisation of the Disciplinary authority(ie,any appointment letter in favour of mr."X" when he is no more deputy secretary(finance) but retd and now re-employed).CO requested for the same and then asked for the xerox copy of the concerned office file where mr."X" was authorised to conduct the DP after his retirement-------after a long period, the request was turned down.Now can we admit the action of Disciplinary authority and the former Deputy Secretary(as claimed IO) ? If not,what would be the future course of action from the part of CO ? (Mr."X" is now ready to re-open the DP by the next week).........with kind regards



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 15 Replies

Sudhir Kumar, Advocate (Advocate)     22 November 2013

totally confusing descripttion.  I decide not to respond rather than giving incorrect views.

chitra gupta (consultant)     23 November 2013

sorry sir....actually i am also confused after going thro" the paper submitted by one Charged Officer of a PSU   :The matter is >>> a govt official was assigned to conduct a DP as an IO by his designation(say Dy.Secretary_finance) and formal appointment order was issued by the Disciplinary Authority as per law,started the DP,suspended the same for an indefinite period(say,18 months back).....in the meantime IO retd from service....later on joined another concern as an Advisor.....and now issued notice for continuation of the same DP using the letter head of the new concern with designation as ADVISOR....there is no formal communication or appointment letter of IO from the Disciplinary Authority infavour of "ADVISOR"....CO requested for the same but it is turned down and the "advisor" is going to start the "suspended DP".My quarries is whether new appointment order in favour of ADVISOR as an IO is necessary or not when earlier appointment order mentioned the designation as deputy secretary( who retd a long back)? plz advise. regards

Sudhir Kumar, Advocate (Advocate)     23 November 2013

facts narrated by you  are analysed as under

Sudhir Kumar, Advocate (Advocate)     23 November 2013

a govt official was assigned to conduct a DP as an IO by his designation(say Dy.Secretary_finance)

 

 

illegal ab-initio. IO/PO are appointed by name. IO carries this tag unless the order is revoked or he submits his report.

Sudhir Kumar, Advocate (Advocate)     23 November 2013

formal appointment order was issued by the Disciplinary Authority as per law,started the DP,

 

Incorrect impression .  The DP is started with the issued of chargesheet and appointment  of IO is subsequent development.

Sudhir Kumar, Advocate (Advocate)     23 November 2013

 

suspended the same for an indefinite period(say,18 months back)

 

Incorrect or you are not able to present facts correctly. 

 

The suspension (though ordered rill further order) is supposed to be reviewed after 90 days failing which it is deemed to have lapsed.

 

You have not stated anything about review of suspension.

Sudhir Kumar, Advocate (Advocate)     23 November 2013

.....in the meantime IO retd from service....later on joined another concern as an Advisor.....and now issued notice for continuation of the same DP using the letter head of the new concern with designation as ADVISOR

 

 

Nothing wrong. 

 

You never said that his appointment is revoked.  It is immaterial which post he now holds or does not hold he is IO (if otherwise lawfully appointed) whose order has not been revoked.  There is no ban on retired officer to be IO.

Sudhir Kumar, Advocate (Advocate)     23 November 2013

 ....there is no formal communication or appointment letter of IO from the Disciplinary Authority infavour of "ADVISOR"

 

There need not be any formal communication. 

Sudhir Kumar, Advocate (Advocate)     23 November 2013

 
 

 

....CO requested for the same but it is turned down and the "advisor" is going to start the "suspended DP".

 

You are vague.  To whom the request (though irrelevant) was made and who turned down the same.

Sudhir Kumar, Advocate (Advocate)     23 November 2013

My quarries is whether new appointment order in favour of ADVISOR as an IO is necessary or not when earlier appointment order mentioned the designation as deputy secretary( who retd a long back)?

 

No order of continuation is  necessary.  

Sudhir Kumar, Advocate (Advocate)     23 November 2013

 

But in your case you are repeatedly telling that the order was by designation.  If that so   the notwithstanding above, the appointment is void ab-initio and remaining points raised by you are irrelevant.

Sudhir Kumar, Advocate (Advocate)     23 November 2013

is this the same case which was discussed at

www.lawyersclubindia.com/experts/disciplinary-proceedings-after-5yrs-317986.asp#.UpAYYCfQzmk

Sudhir Kumar, Advocate (Advocate)     23 November 2013

chitra gupta (consultant)     25 November 2013

FURTHER it  is found that no mandatory review ofsuspention was made by the disp. authoriy during that 18 months(of suspended enquiry) as the CO did not get any copy of the review.....how we will proceed.?


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