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HARISH KUMAR
Shishir Kumar Gangwar – Appellant
Versus
Rajendra Prasad, Central Agriculture University, Pusa – Respondent
Harish Kumar, J. – Heard learned Senior Advocate Mr. Shivendra Kishore, along with Mr. Saroj Kumar, learned Advocate for the petitioner and Mr. P. K. Shahi, learned Senior Advocate, duly assisted by Mr. Vijay Shankar Upadhyay, learned Advocate for the Dr. Rajednra Prasad Central Agriculture University.
2. Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, challenge in the present writ petition is made to a Memorandum, bearing no.19, dated 02.04.2025 (Annexure-P/1), issued under the signature of Chief Vigilance Officer, for and on behalf of the disciplinary authority Dr. Rajendra Prasad Central Agriculture University, Pusa (hereinafter referred to as ‘the RPCAU’) as also the departmental proceeding whereby and whereunder a charge-sheet for major penalty under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [hereinafter referred to as ‘the CCS (CCA) Rules, 1965’] was proposed to be held against the petitioner on the imputation of misconduct and misbehaviour set out in the statement of charge. Challenge is also made to the Memorandum no. 33 dated 09.07.2025, issued under the signature of Chief Vig
The Disciplinary Authority is competent to initiate disciplinary proceedings for penalties specified in Clauses (v) to (ix) of Rule 11, even if not competent to impose the latter penalties.
A disciplinary authority may initiate proceedings for penalties if designated in the service rules, but the authority to impose major penalties lies with a separate designated officer.
Disciplinary proceedings against government servants must be initiated with proper authorization from the competent authority, failing which the proceedings are rendered void.
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