DISCIPLINARY PROCEEDINGS (25)- REVISION AND REVIEW

Dear friends,
   Rule 29 and 29A of CCS CCA rules 1965 deals with revision and review respectively.
 Revision is an order of superior authority revised against the order of a subordinate disciplinary authority.
   Whereas Review is an order of a review of his own order. The President of India can only review his own order. All other authorities have only revisionary power only.
      The difference between the appeal and revision is ,that the former one is applied by the punished official for remedy whereas the revision and review can be applied by the official and by the authorities on its own.
    Revision should not be done before expiry of the period of limitations for appeal.
   Appellate authority has no power of revision if he already decided the appeal.
But he can exercise the revisionary power within the period of six months from the date of order passed by the disciplinary authority and also the delinquent official should not have preferred an appeal.

    Revision can not be done on its own by the authority if the employee already undergone on the penalty imposed on him and also if the official has been promoted on the expiry of penalty period.

   Application for revision can be submitted by the official to the revising authority if the appeal has already been disposed of or the period of filing an appeal has expired.
    The revising authority order may be confirming, reducing, enhancing,or setting aside the penalty imposed.

REVIEW :  The president may ,at any time ,either on his own motion or otherwise ,review any order passed under this rules,when any new material or evidence which couldn't be produced or was not available at the time of passing the order under review and which have the effect of changing the nature of the case has come or has been brought to his notice.

     With this, I like to complete my posting on Disciplinary proceedings subject. What I have posted sofar in this subject is my tiny job with my little knowledge. So any mistakes or omissions found by the readers while reading my post, the same may be excused with your comments and suggestions to me.

Tenkasi .                with loving greetings,
30.01.2019 .            G.Mariappan

DISCIPLINARY PROCEEDINGS (24)- APPEAL

Dear friends,
  As per Rule 23 of CCS(CCA) Rules 1965 Appeal is a statutory right applied against an order of suspension and an order imposing any of the penalties specified in Rule 11. It should be within 45 days from the date of punishment order communicated to the delinquent official. The appeal should be addressed to the appellate authority directly with all the documents and with a copy to the authority which made the order appealed against.
  Appeal once made can not be withdrawn.

    A disciplinary authority after making an order of punishment should not be a appellate authority when he subsequently promoted to the higher post having the power of appellate authority, for the order that he made earlier.
   But if an appellate authority which had given a direction to his subordinate disciplinary authority to take disciplinary action like placing an official under suspension will not debar him from acting as an appellate authority in his case. This is confirmed in rule 132 of Postal manual Vol III.
    The appellate authority order may be confirming, enhancing, reducing, or setting aside the penalty imposed.
     The order of appellate authority is to be made effect through the authority which made the order appealed against.

Tenkasi .             with loving greetings
30.01.2019 .         G.Mariappan

DISCIPLINARY PROCEEDINGS (23)- PENALTY ON CONVICTION

Dear friends,
   Imposing of penalty on conviction is not mandatory on the part of disciplinary authority as per apex court judgement.
   The disciplinary authority has to consider the conduct leading to conviction and to ascertain whether it warrants the imposition of penalty and ifso what that penalty should be. All the facts and circumstances of the court judgement should be perused. ie) the gravity of the offence committed by the official. Suppose an official is convicted by the criminal court for trespassing the transport rules by driving a car in red signal alert will not be
awarded with major punishment .

   Departmental proceedings and criminal trial can proceed simultaneously provided the two do not cover same facts or allegations. If on the same allegations departmental action to be taken after the final outcome of the trial court judgement, since the court judgement is based on proof beyond reasonable doubt . But if the delinquent official is acquitted not on merits of the case but on technical grounds ,the disciplinary authority may take a disciplinary action against him.

    As per ministry of Homeaffairs OM No.
39/8/64 Estt(A) dtd 04.09.64 for cognizable offence prosecution should be a general rule, for non cognizable offence deptl. action is to be taken. For e-g bribery,corruption, or other criminal misconduct involving loss of public funds ,criminal trial is a must. For cases involving less serious offences,mal practices of departmental nature , departmental action is to be taken.

Tenkasi.                with loving greetings,
24.01.2019.             G.Mariappan

DISCIPLINARY PROCEEDINGS (22)- PUNISHMENT WITHOUT INQUIRY

Dear friends,
   As per second proviso to article 311(2) there shall be no need to hold an inquiry and give reasonable opportunity to the delinquent official where he is dismissed or removed or reduced in rank on the ground of his conduct which led to his conviction on a criminal charge or where it is not reasonably practicable to hold such inquiry in the view of the authority competent to dismiss him or where the president or the governor ,as the case maybe ,is satisfied that in the interest of security of state it is not expedient to hold such an inquiry .
    This clause is upheld by apex court judgement also.
     Based on this ,Rule 19 of CCS CCA rules 1965 is framed. But take into account of natural justice a proviso is added in rule 19 ,the govt. servant may be given an oppurtunity to submit a representation on the penalty proposed to be imposed on the delinquent official .

Tenkasi.                     With loving greetings,
13.01.2019.                  G Mariappan.