1. Is there any provision for withholding of appeal?
There
is no provision for withholding of appeal. All appeals are now to be
addressed direct to the appellate authority with a copy forwarded the
authority which made the orders appealed against.
2. Describe ‘de novo’ proceedings’.
The
appellate authority has powers, after due consideration of the appeal
to set aside the punishment order and to remit the case for de novo
trail to the authority which imposed the penalty with directions as he
may deem fit. Such an order can specify the particular stage from which
the re-trail should be conducted. This is called as ‘de novo’
proceedings.
3. What is a revision?
1)
A revision is the process in which the president, the member
(Personnel), Postal Service Board, a head of the Department directly
under the Central Government, an appellate authority or any other
authority specified in the behalf of President may at any time, of its
own motion or otherwise call for records of an inquiry in a disciplinary
and pass appropriate orders as it may deem fit.
2)
Such revision may be conducted only when appeal submitted is disposed
of. If no appeal has been preferred, revision should be made only after
the expiry of the period of limitation of an appeal.
3)
In case of revision, by the appellate authority, it should be conducted
within six months of the date of the order proposed to be revised.
4)
If, after revision, it is proposed to impose any penalty of enhance the
penalty already awarded by the Disciplinary Authority, no order is
passed without giving a reasonable opportunity to the Government Servant
concerned of making representation against the penalty proposed.
5)
If it is proposed to impose any one of the major penalties or enhance
the penalty to any one of the major penalties, an inquiry in the matter
laid down in Rule 14 of CCS CCA Rules, 1965 should be conducted. (Rule
29 of CCS CCA 1965)
4. What is a review?
The
President may, at any time, either on his own motion or otherwise
review any order passed under these rules, when any new material or
evidence which could not be produced or was not available at the time of
passing the order under review and which has the effect of changing the
nature of the case, has come, or has been brought to his notice (Rule
29-A)
It
may be noted that while the President and other authorities enumerated
in Rule 29, exercise the power of revision under that rule, the power of
review under Rule 29-A, is vested the President only and not in any
other authority.
5. Who the competent authority to issue punishment oreder?
1) Power to impose is a statutory power.
2) It cannot be delegated.
3) It cannot be taken over by the supervisor.
4)
Punishment should be communicated by the competent authorities under
their own names. It should be communicated by the lower authority.
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