Reg. appeal in disciplinary cases
Sir
Disciplinary Authority awarded punishment and said that appeal against the punishment order may be filed within 45 days. Appeal filed within 45 days but failed to send copy to Disciplinary Authority as specified in the CCS CCA Rules of Govt. of India.
It is more than 8 months and the appeal is not yet decided. the question is whether a) copy can be sent now to the Disciplinary Authority b) will this lapse result in rejection of appeal on technical grounds and lead to closure of the case c) if appeal were to be dismissed will there be remedy in Administrative Tribunal or High Court of Madras
Pl guide more
Disciplinary Authority awarded punishment and said that appeal against the punishment order may be filed within 45 days. Appeal filed within 45 days but failed to send copy to Disciplinary Authority as specified in the CCS CCA Rules of Govt. of India.
It is more than 8 months and the appeal is not yet decided. the question is whether a) copy can be sent now to the Disciplinary Authority b) will this lapse result in rejection of appeal on technical grounds and lead to closure of the case c) if appeal were to be dismissed will there be remedy in Administrative Tribunal or High Court of Madras
Pl guide more
Viewed by 367
Yes. It is prudent to send the Copies even now, by private as well as with the permission of the Authorities, like that of con-donation of delay. Subject to the Cause of delay certainly you are having the Opportunity for appeal to " Administrative Tribunal or High Court " You are also having the Option open by making Writ - separately. more
May 26
As already 8 months are over and no reply has been received, this should be enough cause for you to approach CAT. You can do it yourself if you can draft an O.A. or you may approach through an Advocate. CAT has limited jurisdiction in disciplinary matters and interferes only if principles of natural justice have been violated or there is some gross miscarriage of justice. Government departments are habitual offenders in using delay tactics to wear out the employees. more
May 25
26. Form and contents of appeal (1) Every person preferring an appeal shall do so separately and in his own name. (2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself. (3) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority. Sending copy to the disciplinary authority is only to expedite the process, it is not a ground to reject the appeal. May send a copy to the disciplinary authority more
May 25
