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C. HARI SHANKAR, TUSHAR RAO GEDELA
GOVT. OF NCT OF DELHI – Appellant
Versus
UDAL SINGH – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. The respondent, who was working as Trained Graduate Teacher [“TGT” hereinafter] in the Government Boys Senior Secondary School under the Directorate of Education [“DOE” hereinafter] GNCTD, superannuated on 31 December 2015.
2. During the currency of his services with the DOE, the respondent was issued a Memorandum dated 1 March 2012 [“the chargesheet” hereinafter] proposing to hold an enquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [‘the CCS (CCA) Rules” hereinafter]. The chargesheet was issued by the Deputy Director of Education (South) [“DDE” hereinafter]. Annexed to the chargesheet, were the Articles of Charge and the Statement of Imputation of Misconduct as Annexure-I and Annexure-II respectively.
3. It is not necessary to enter into the allegations in the chargesheet, as the Central Administrative Tribunal [“the Tribunal” hereinafter] from whose judgment the present writ petition emanates, has quashed the chargesheet itself as having been issued by the incompetent Authority and we having heard learned Counsel and perused the record, are in agreement with the Tribunal.
4. Suffice it, therefore, to
Disciplinary proceedings initiated by an incompetent authority are invalid; the Chief Secretary is the proper authority for Group 'B' officers under CCS (CCA) Rules.
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.
Charge memo for major penalty must be approved by competent disciplinary authority; issuance by minor penalty authority without approval vitiates proceedings.
Final charge memorandum in disciplinary proceedings against Group A officers requires specific approval by competent authority; inordinate unexplained delay vitiates inquiry; 100% pension/gratuity wi....
Disciplinary authority may delegate drawing up of charges to superior officer like Chairman of District Authority upon direction from Executive Chairman of State Authority, validating proceedings wit....
Disciplinary charge-sheet must be issued by authorized officer as per regulations; prior approval insufficient if not signed by Director on behalf of competent authority for Group ‘A’ employees, rend....
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