Memo.No:1649, Dt:23-09-1965 | Disciplinary Authority - consultation with others

Memo.No:1649, Dt:23-09-1965 | Disciplinary Authority - consultation with others

An instance has come to the notice of Government, where in a disciplinary case against a government employee, the authority competent to impose the penalty obtained the remarks of the intermediary officer on the explanations of the accused officer to the charge memo. and to the show cause notice, served on him, before passing final orders of dismissal. The Court of Law held that the competent authority did not exercise its independent judgment on the record of enquiry and that there was mechanical dependence upon the intermediary officer's remarks and consequently, the officer was denied the reasonable opportunity as envisaged in article 311 (2) of the Constitution of India. The procedure to be followed in every case, where it is proposed to impose on a Government employee any of the penalties specified in items (iv), (vi), (vii) and (viii) of Rule 8 of the AP.Civil Services (CC&A) Rules 1963, has been prescribed in rule 19(2) of the said rules. The said rule does not provide …