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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA, J
Tulcha Ram S/o Shri Pat Ram – Appellant
Versus
The State Of Rajasthan – Respondent
Judgment :
1. The petitioner has called in question the disciplinary proceedings initiated by the Deputy Secretary, Department of Personnel vide memorandum of charges dated 13.05.2024 on the ground of jurisdiction and competence.
2. The petitioner was appointed as Accounts Officer in Public Works Department, Churu by order dated 04.10.2021 issued by the Joint Secretary, Finance. His appointing authority is, Secretary, Finance Department.
3. A common and combined charge-sheet has been issued against the petitioner and one Amarjeet Singh, who was working as a Devolpment Officer, Panchayat Samiti Rajgarh, Churu. Appointing authority of said Amarjeet Singh was Secretary, Panchayati Raj Department and disciplinary authority is Department of Personnel, as he was in State services.
4. While informing that the petitioner’s services are governed by the Rajasthan Accounts Service Rules, 1984, Mr. Bhaleria, learned counsel asserted that petitioner’s disciplinary authority is the Secretary to the Government, Department of Finance.
5. The basic plank of challenge is, that since the Department of Personnel is neither the petitioner’s appointing authority nor the disciplinary authority, it cannot init
Disciplinary proceedings must be initiated by the appropriate authority as defined by relevant rules; unauthorized initiation renders proceedings invalid.
Joint disciplinary proceedings against employees of different organizations are not permissible under CCS (CCA) Rules, leading to the invalidation of arising penalties.
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.
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....
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 initiated by an incompetent authority are invalid; the Chief Secretary is the proper authority for Group 'B' officers under CCS (CCA) Rules.
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