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Virendra (Engineer)     13 October 2009

Disciplinary authority in case of deputation

In case of chargesheeting an officer (of a Ministry, wherein competent disciplinary authority is the Minister)  on deputation to a an autonomous authority under the administrative control of same ministry - where the concerned chairman of the Authority is the disciplinery authority, who will be the Disciplinery authority, the concerned Chairman or The Minister. Please advise with relevent rules.



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 3 Replies

umapathi.s (Advocate)     13 October 2009

The disciplinary authority would be the Minister i.e. the disciplinary authority of the parent organisation and the one to which the employee is on deputation.

Sanjeev Kuchhal (Publishers)     24 October 2009

 Applicant was initially appointed as Range Forest Officer in Forest Department and was sent on deputation to JNPT as Assistant Manager (Environment) _ Abusing his official position he allegedly demanded and accepted illegal gratification for certifying bills for payment and for not raising objections to the said bills which were submitted by contractor _ Person sent on deputation to another organisation does not become an employee of that organisation but continues as employee of the parent department _ Parent department alone would be the proper authority for the purpose of sanction for prosecution under the P.C. Act _ Applicant is permanently employed by the Maharashtra State _ Order of sanction by the State Government is legal, valid and proper.   Rajendra Tatoba Magdum Vs. State of Maharashtra 2007 (3) LJSOFT 48

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Virendra (Engineer)     26 October 2009

Kindly provide the Tatoba Magdam case taxt or any link to get it. If any more cases are there please indicate.

thanks


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