Dear friends,
Who is a disciplinary authority. As per rule 2(g) of CCS CCA Rules 1965 " Disciplinary authority means the authority competent to impose any of the penalties mentioned in rule 11 ".
So an authority not competent to impose
major penalties is also a disciplinary authority.
Every appointing authority is a disciplinary authority but every disciplinary authority is not an appointing authority.
Since disciplinary authority has quasi judicial power that power can not be delegated to its subordinate.
An officer appointed to perform current duties of a disciplinary authority can exercise only the administrative or financial power of that authority but cannot exercise the statutory powers of the disciplinary authority.
ADHOC DISCIPLINARY AUTHORITY : This authority is appointed by a presidential order where the prescribed appointing or disciplinary authority is unable to function as disciplinary authority in respect of an official on the following grounds.
a) on account of his being personally concerns with the charges or
b) being a material witness in support of the charges.
authority to institute disciplinary proceedings :
The following authorities can initiate disciplinary proceedings against a govt. servant.
1) President.
2) Any other authority empowered by the president by general or special order.
3) Appointing authority of the govt.servant
4) Disciplinary authority.
As per rule 13(2) of CCS CCA Rules 1965 the authority competent to impose minor penalties can initiate major penalties proceedings against the govt.servant.
When a disciplinary authority having the power to impose minor penalties initiate the disciplinary proceedings finds that it is a fit case for imposing major penalties it should forward the records of the proceedings ,including the inquiry report to the authority competent to impose major penalties. If the authority having the power to impose major penalties after receiving the report comes to a conclusion the govt.servant deserves for minor penalties then the authority itself can impose the minor penalty without returning the case to the authority who initially initiated the proceedings.
This is because disciplinary proceedings are quasi judicial in nature and any direction by a superior authority in the matter of imposition of penalty on govt.servant will vitiate the proceedings.
Also when a Rule 14 proceedings is initiated by a disciplinary authority having the power to impose minor penalties on conclusion that case deserves for minor penalty the authority itself impose the minor penalty without making a reference to the higher disciplinary authority having the power to impose major penalties on that case.
Tenkasi . with greetings
05.10.2018 . G.Mariappan.
Who is a disciplinary authority. As per rule 2(g) of CCS CCA Rules 1965 " Disciplinary authority means the authority competent to impose any of the penalties mentioned in rule 11 ".
So an authority not competent to impose
major penalties is also a disciplinary authority.
Every appointing authority is a disciplinary authority but every disciplinary authority is not an appointing authority.
Since disciplinary authority has quasi judicial power that power can not be delegated to its subordinate.
An officer appointed to perform current duties of a disciplinary authority can exercise only the administrative or financial power of that authority but cannot exercise the statutory powers of the disciplinary authority.
ADHOC DISCIPLINARY AUTHORITY : This authority is appointed by a presidential order where the prescribed appointing or disciplinary authority is unable to function as disciplinary authority in respect of an official on the following grounds.
a) on account of his being personally concerns with the charges or
b) being a material witness in support of the charges.
authority to institute disciplinary proceedings :
The following authorities can initiate disciplinary proceedings against a govt. servant.
1) President.
2) Any other authority empowered by the president by general or special order.
3) Appointing authority of the govt.servant
4) Disciplinary authority.
As per rule 13(2) of CCS CCA Rules 1965 the authority competent to impose minor penalties can initiate major penalties proceedings against the govt.servant.
When a disciplinary authority having the power to impose minor penalties initiate the disciplinary proceedings finds that it is a fit case for imposing major penalties it should forward the records of the proceedings ,including the inquiry report to the authority competent to impose major penalties. If the authority having the power to impose major penalties after receiving the report comes to a conclusion the govt.servant deserves for minor penalties then the authority itself can impose the minor penalty without returning the case to the authority who initially initiated the proceedings.
This is because disciplinary proceedings are quasi judicial in nature and any direction by a superior authority in the matter of imposition of penalty on govt.servant will vitiate the proceedings.
Also when a Rule 14 proceedings is initiated by a disciplinary authority having the power to impose minor penalties on conclusion that case deserves for minor penalty the authority itself impose the minor penalty without making a reference to the higher disciplinary authority having the power to impose major penalties on that case.
Tenkasi . with greetings
05.10.2018 . G.Mariappan.
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