DISCIPLINARY PROCEEDINGS (21)- COMMON PROCEEDINGS

Dear friends,
   As per rule 18(1) of CCS CCA RULES 1965 where two or more government servants are involved in any case ,the president or any authority competent to impose the penalty of dismissal from the service on all such government servants may make an order directing that disciplinary action against all of them may be taken in common proceedings.

      The following conditions must be fulfilled while making an order for holding common proceedings.
1. That the two or more government servants are involved in a case.
2.That the authority making the order is either the president or the highest of the disciplinary authorities competent to impose a penalty of dismissal  on all such government servants.
3. That were the disciplinary authorities are different , the order for holding common proceedings by the highest disciplinary authority is issued with the consent of all others.
4. That all the employees are governed by the same set of disciplinary rules.
5. That the employees should not have made cross complaints against each other and are working in same office.

EX-PARTY INQUIRY :-
       It is defined in sub rule 20 of Rule 14 of CCS CCA rules 1965 as follows.
" If the government servant to whom a copy of the articles of charge has been delivered ,does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule ,the inquiring authority may hold the inquiry ex-parte."

Here the ex parte inquiry does not mean that the government servant has lost his right to attend the inquiry. He can attend the inquiry at any stage. But the hearing already conducted by the I.O. should not be repeated .
    In ex parte ,inquiry should be held as per rules of regular hearing procedure. Since the onus to prove the charges levelled against the delinquent official lies with the disciplinary authority , I.O. is to prepare the report after considering all witnesses and evaluating all evidences as per rule 14 procedure.

Tenkasi.                 With loving greetings
25.12.2018.                    G.Mariappan

DISCIPLINARY PROCEEDINGS (20)-RULE 14 PROCEDURE-5- FINAL ORDER

Dear friends,

      Findings of the inquiry officer in the inquiry report is not binding on the disciplinary authority. He may also disagree with the findings of I.O. But mostly the disciplinary authority comes to a conclusion about the quantum of penalty to be imposed on the charged official based on the report. Before awarding penalty the disciplinary authority should look into the findings whether the evaluation of evidence is done in proper manner and as per rules and procedures.
    In case of disagreement he may order for further inquiry on certain points on which he opined differently but not order for fresh inquiry with another I.O.
  Also the disciplinary authority can not order for fresh inquiry merely on the ground that the findings of the I.O is favourable to the charged official even though the report is prepared in accordance with rules and procedures.

   The disciplinary authority is obliged to furnish the IR copy to the charged official who is required to submit his representation within fifteen days.
  The disciplinary authority shall consider the representation and based on the findings of the inquiry report decide the quantum of penalty to be awarded ,that is major or minor penalty. Before awarding penalty the recommendations of UPSC or CVC will also be taken into account.
     The final order must be a speaking order and it must be communicated to the charged official in person as far as possible or sent through regd.post .

Dear friends ,
Here I have not posted about Rule-16 procedure elobarately but defined briefly in previous post already.

Now I wish to post some Tamil films video clippings on court scenes in academic interest .

01. Disproving the prosecution material documentary evidence by asking leading questions in cross examination by the defence lawyer.
    A scene from the Tamil film " Mounam Sammatham" through the link below.
https://youtu.be/PxzufmG-RD4

02. Disproving the prosecution material witness evidence by asking leading questions in cross examination by the defence lawyer.
    A scene from the Tamil film " Mounam Sammatham" through the link below.
https://youtu.be/1eKqSs2oaP8
03.As per rule 14(15) of CCS CCA Rules 1965 additional evidence on behalf of disciplinary authority may be included by the P.O. during the inquiry with the permission of I.O. even though it was not listed in the charge sheet.And in such a case the copy of the list to be served to the charged official for rebuttal and the inquiry must be adjourned for three days.
 For this similarity a scene from the Tamil film " Gouravam" video clippings link is given below.
https://youtu.be/JN2dmUf9IEQ
4.The final sum upping the case by P.O and defence asst of their cases on closing the inquiry and order of disciplinary authority .
 
For this similarity a scene from the Tamil film "POURNAMI ALAIGAL" video clippings link is given below.
https://youtu.be/fglYOhTRfuk

Tenkasi .                   with loving greetings
19.12.2018.                   G.Mariappan