IMPORTANT POINT
Disciplinary proceedings initiated by an incompetent authority are invalid; the Chief Secretary is the proper authority for Group 'B' officers under CCS (CCA) Rules.

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 state that an inquiry was held into the allegations contained in the chargesheet; the Inquiry Officer submitted his Inquiry Report on 20 April 2015 holding the allegations against the respondent not to have been proved; the DDE, acting as the Disciplinary Authority issued a disagreement note disagreeing with the findings of the IO and seeking a reply from the respondent; the respondent represented against the disagreement note on 7 September 2015 and the DDE by order dated 30 October 2015, held the charges against the respondent to have been proved and imposed on the respondent, punishment of reduction of pay by three stages till retirement.

5. The respondent filed a statutory appeal against the punishment order under Rule 23 of the CCS (CCA) Rules. On the said appeal not being decided, the respondent approached the Tribunal by way of OA 3920/2014. The Tribunal, vide order dated 1 June 2015, directed the Secretary (Education), GNCTD as the Appellate Authority to decide the appeal within two months. By order dated 28 July 2015, the Secretary reduced the punishment awarded to the respondent by the DDE to reduction in pay by one stage till retirement.

6. Assailing the above actions, the respondent approached the Tribunal by way of the OA 932/2017, which stands allowed by the Tribunal by order dated 1 December 2023 under challenge herein.

7. Part II of the Schedule to the CCS (CCA) Rules deals with CCS Group ‘B’ officers. Admittedly, though the respondent at the time he joined service was a CCS Group ‘C’ officer. All categories of Teachers in the GNCTD were upgraded from Group ‘C to Group ‘B’ and placed in the Pay Band of Rs. 9300-34800 with grade pay of Rs. 4600/- This fact has been acknowledged by the petitioner/GNCTD in the present writ petition in Para 2(i) and (ii) thus:

“(i) That Memorandum dated 23.01.1993 was issued explaining the position with regard to initiation of disciplinary proceedings under CCS (CCA) Rules, 1965. It is submitted that the Memorandum stated that “the Head of the Office who have been specified as Appointing Authority in respect of the staff covered under entry 1 of the said notification, are empowered to initiate disciplinary proceedings under Rule 16 of CCS (CCA) Rules, 1965 & also under rule 14 of the Rule ibid......”

Therefore, the Deputy Director/Director become the Competent Authority to initiate the disciplinary proceedings against Group C employees. However, the Chief Secretary remained the competent authority to initiate the Disciplinary Action against the Group B posts.

(ii) That, later, the 6th Central Pay Commission was implemented on 1st September 2008. Thereafter, based on the recommendations of the 6th CPC, all categories of Teachers of Government of NCT of Delhi were upgraded to Class II in the Pay Band of Rs. 9300