deepak Shivnikar (IPPG) 01 February 2020
Sudhir Kumar, Advocate (Advocate) 02 February 2020
not understood what actually you want to ask.
deepak Shivnikar (IPPG) 02 February 2020
R/Sir,
The appellate authority is PMG . The punishment order issued by DPS . I made appeal against punishment order issued by DPS which was considered by PMG and decided to enhance the punishment order issued by DPS. I have received the show cause notice and on receipt of reply to show cause notice PMG had issued appellate order on 17.09.2013 .
The PMG had issued the appellate order 17.09.2013 with malfied intention so that I could not go further to court for the same he had not marked the copy of his appellate order to DPS to give effect to the appellate order (as per rule 28 of CCS CCA 1965) . The PMG had given copy to me with direction to submit the representation , if any immediately . Thus intention of appellate order is clear not to execute appellate order till finalization of representation over the appellate order. I have submitted my representation over the appellate order on 07.10.2013 which was not yet decided despite of repeated reminders.
As such there is no any problems in the matter , but problem was due to fact that DDO had executed the appellate order of PMG though he was not in receipt of authorized copy of appellate order either from Appellate authority or from DPS .
Query 1:- Is appellate authority is competent to call representation over the appellate order issued by him under Rule27(2) of CCS CCA Rule 1965 and able to decide it as per the provision of CCS CCA Rule 1965?
Query 2. Can DDO implement appellate order over which representation was called by appellate authority in view of fact that DDO had not received the copy of appellate order either from PMG or DPS .
Query 3:- Can I file case in High Court as mis use of statutory power by PMG, DPS
Sudhir Kumar, Advocate (Advocate) 03 February 2020
atleast now you decided to give some facts.
Sudhir Kumar, Advocate (Advocate) 03 February 2020
The appellate authority is PMG . The punishment order issued by DPS . I made appeal against punishment order issued by DPS which was considered by PMG and decided to enhance the punishment order issued by DPS. I have received the show cause notice and on receipt of reply to show cause notice PMG had issued appellate order on 17.09.2013 .
YOU HAVE TO BE CLEAR WHETHE SCN WAS ISSUED BEFORE APPELLATE ORDER OR AFTER
and also
WHAT WAS THE CHARGE AND WHAT WAS THE ORIGINAL AND WHAT WAS THE REVISED PENALTY
Sudhir Kumar, Advocate (Advocate) 03 February 2020
The PMG had issued the appellate order 17.09.2013 with malfied intention so that I could not go further to court for the same
NOT UNDERSTOOD WHAT YOU MEAN
IF APPELLATE AUTHROITY INTENDS TO RE-OPEN THE CASE AND FEELS THAT PENLTY IS NOT ADEQUATE THEN HE CANNOT DO SO WITHOUT ISSUE OF SCN WHICH AS YOU SAID HAS BEEN DONE.
Sudhir Kumar, Advocate (Advocate) 03 February 2020
he had not marked the copy of his appellate order to DPS to give effect to the appellate order (as per rule 28 of CCS CCA 1965) . The PMG had given copy to me with direction to submit the representation , if any immediately . Thus intention of appellate order is clear not to execute appellate order till finalization of representation over the appellate order.
PRIMA-FACIE THIS DOES NOT HAPPEN
Sudhir Kumar, Advocate (Advocate) 03 February 2020
I have submitted my representation over the appellate order on 07.10.2013 which was not yet decided despite of repeated reminders.
IS IT MERE REPRESENTATION OR YOU HAD ALSO SUBMISSION REVISION PETITION UNDER RULE 29.
Sudhir Kumar, Advocate (Advocate) 03 February 2020
As such there is no any problems in the matter , but problem was due to fact that DDO had executed the appellate order of PMG though he was not in receipt of authorized copy of appellate order either from Appellate authority or from DPS .
THERE IS NO SUCH BAR
Sudhir Kumar, Advocate (Advocate) 03 February 2020
Query 1:- Is appellate authority is competent to call representation over the appellate order issued by him under Rule27(2) of CCS CCA Rule 1965 and able to decide it as per the provision of CCS CCA Rule 1965?
YOU ARE NO WHERE CONFIRMING / INDICATING WHETHER APPELLAATE AUTHROITY HAS PASSED TOW ORDERS
Sudhir Kumar, Advocate (Advocate) 03 February 2020
Query 2. Can DDO implement appellate order over which representation was called by appellate authority in view of fact that DDO had not received the copy of appellate order either from PMG or DPS .
THERE IS NO STATUTPRY OBHLIGATION ON ddo TO IGNORE ORDER IF NOT MARKED TO HIM.
Sudhir Kumar, Advocate (Advocate) 03 February 2020
Query 3:- Can I file case in High Court as mis use of statutory power by PMG, DPS
WHAT WERE YOU DOING SINCE 2013
deepak Shivnikar (IPPG) 03 February 2020
deepak Shivnikar (IPPG) 03 February 2020