A.
Dear Client,
Usually show cause notice is issued to the delinquent employee under the signature of the Disciplinary Authority appointing therein the Inquiry Officer and the presenting officer to conduct the inquiry into the allegation and submit a report to the Disciplinary Authority for awarding punishment based on the IO's report and applicable of code of punishment. However, as per DOPT OM dated 26/03/2024 and Rule 14(2) of the CCS (CCA) Rules, 1965, clause 2.2.1, whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Government servant, it may itself inquire into, or appointed under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof. There is no bar to the immediate superior officer holding an inquiry but, as a rule, the person who undertakes this task should not be suspected of any bias in such cases. According to DOPT OM dated 28/03/2013, the provision of FR 17(1) stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence. However, in case of any injustice, an aggrieved employee can approach the concerned bench of the Central Administrative Tribunal(CAT) by filing an application in Form - I under sub-rule 1 Rule 4 of the Central Administrative Tribunal (Procedure) Rules, 1987 seeking appropriate relief in the matter and if the CAT passes any adverse order, you can challenge the order through an appeal before the High Court seeking appropriate relief based on the merit of the dispute.
Posted On 23-Sep-2024
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