Central Civil Service Rules , Retired Employee Can Be Appoin

Central Civil Service Rules , Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings…

Central Civil Service Rules , Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings…

The Supreme Court recently held that the disciplinary authority under the Central Civil Service Rules is empowered to appoint a retired employee as an inquiry authority. It is not necessary that the inquiry officer should be a public servant.

The Supreme Court bench comprising Justices Sanjiv Khanna and Justice Bela M Trivedi was hearing an appeal against Odisha HC judgment which relied on  Ravi Malik v. National Film Development Corporation to hold that a retired public servant could not have been appointed as an inquiry officer.

The Court distinguished it and said it wouldn’t be applicable in the present case. In that case, Rule 23(b) of Service Regulations,1982 of NFDC was applicable which specifically stated that the disciplinary authority may appoint a “public servant” to inquire into the misconduct of an employee. Whereas in this case, Rule 14 of the Central Civil Services, 1965 would apply where disciplinary authority may appoint an “authority” to inquire into the misconduct of a govt employee.

The court held thus “Therefore, the disciplinary authority is empowered to appoint a retired employee as an inquiry authority. It is not necessary that the inquiry officer should be a public servant. Hence, no fault can be found as the inquiry officer was not a public servant, but a retired officer.”

The Court also referred to Union of India v. PC Ramakrishnnaya which made a reference precedent set in The court noted that the Alok Kumar case had made it clear that Rule 9(3) used the word “other authority” and not “public servant” who may conduct an inquiry. It observed, “a retired officer could also be vested with the delegated authority of the disciplinary authority to hold the inquiry.

The Court therefore allowed the appeal and set aside the judgment of HC which had upheld the order passed by the Central Administrative Tribunal, Cuttack bench.

BACKGROUND OF THE CASE
The respondent Jagdish Chandra Sethy had assailed the order of disciplinary authority before Central Administrative Tribunal at Cuttack. He contended that the authority had not recorded specific reasons why a retired government servant was appointed to act as an inquiry officer. The tribunal agreed and passed an order in his favor. Aggrieved by the same, the appellant approached the High Court which, again upheld the order of the tribunal.

Source

Latest News Latest Supreme Court
Search Here

Latest Posts

Card image

Row Over Services: Will Examine If Parliament Can Abrogate Constitutional Principles Of Governance For Delhi, Says Supreme Court

The Supreme Court has said a five-judge constitution bench will examine whether Parliament can “abrogate the constitutional principles of governance” for the Delhi government by making a law to take away its control over services. The Centre recently issued an ...

Card image

Rajya Sabha Passes J&K Reorganization Bill To Bifurcate Jammu And Kashmir Into Two Union Territories

The Rajya Sabha has passed the Jammu and Kashmir (Reorganization) Bill, 2019, which is set to bifurcate the state of Jammu and Kashmir into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will ...

Card image

36-48 Hours Shifts For Resident Doctors Inhuman: Supreme Court Asks NTF To Address Concerns On Duty Hours

During the Suo Motu hearing of the RG Kar Hospital Rape-Murder today, the Supreme Court expressed its worries over the 'inhuman working hours' of resident doctors all over the country.  The bench comprising Chief Justice of India DY Chandrachud, Justices ...

Card image

KnowTheLaw | Can NRIs Buy Agricultural Land in India?

🌾 No — NRIs are not allowed to purchase agricultural land, plantation property, or farmhouses in India, as per RBI guidelines. However, they can inherit or receive such land as a gift from a resident Indian. 📌 Important: Violating this ...

Card image

Understanding Indian Constitutional Laws: A Brief Overview

Introduction: Indian Constitutional Law is the backbone of the country's legal system, laying down the framework for governance, rights, and duties of citizens, and the functioning of various institutions. Enshrined in the Constitution of India, adopted on January 26, 1950, ...

Card image

Supreme Court Has Prepared A “Handbook On Combating Gender Stereotypes”

Chief Justice of India DY Chandrachud announced today morning that the Supreme Court has prepared a “Handbook on combating Gender Stereotypes”, in order to identify and remove the use of words and phrases, which are loaded with gender stereotypes, in ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law