Service law flow chart, Cheat Sheet of Commercial Law

Download Service law flow chart and more Cheat Sheet Commercial Law in PDF only on Docsity! When the Disciplinary Authority (DA) decides to hold major penalty proceeding. [Rule 14(2)] [Charge Sheet] DA shall deliver a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charges is proposed to be sustained. [Rule 14(4)(a)] [Written Statement of Defence (WSD)] On receipt of article of charge, the Govt Servant (GS) shall submit his WSD within a period of 15 days, extendable for a period of 15 days at a time by the DA but shall not exceed 45 days from the date of receipt of article of charge. [Rule 14(4)(b)] DA records its findings and shall act in manner laid down in Rule 15 [Rule 14(5)(a)] Drop the charges Steps for holding the Major Penalty proceeding If all the articles of charges have been admitted Either does not admit the charge or does not submit the WSD. DA may itself inquire into any article of charge or appoint an Inquiring Authority (IA) and Presenting Officer (PO) [Rule 14(5)(c)] GS shall appear before the IA within 10 days as specified by the IA or within such further time, not exceeding 10 days, as the IA may allow. [Rule 14(7)] Approval of Charge sheet: DA has to approve the charge sheet [Rule 14(3)] Signature on the charge sheet: a) If the President is the DA – An officer authorized under Article 77(2) of the Constitution to authenticate the order on behalf of President. b) In cases where the DA other than the President – DA itself to sign the charge sheet. [Defence Assistant] GS may take the assistance of any other Govt. Servant or Legal Petitioner (Only if Presenting Officer a Legal Petitioner) or allowed by the DA. [Rule 14(8)] 1 If the charges have not been admitted by GS and DA accepted the reply. The IA shall adjourn the case to a later date, not exceeding 30 days, after recording an order that the GS may :- (i) inspect the document (s) within 5 days of the order , extendable to not more than 5 days by the IA, attached with the Charge-Sheet ; (ii) submit a list of witnesses to be examined on behalf of GS ; and (iii) give a notice within 10 days of the order or within such further time not exceeding 10 days as the IA may allow, for discovery or production of any documents which are in possession of the Government but not mentioned in the charge sheet. [Rule 14(11)] [Requisition of Documents ] Request of GS for production of document shall be forwarded to concerned authority in whose custody the documents are kept. IA may, however, refuse, for the reasons to be recorded in writing, to requisition documents if in its opinion such documents not relevant to the case. Authority shall produce the documents by the due date or issue a non-availability certificate before the IA within 1 month [Rule 14(12) & 14(13)] Continued from pre-page [Proceedings before the IA] IA shall ask GS whether he is guilty or has any defence to make. If he pleads guilty to any of the articles of charge, the IA shall record the plea, sign the record & obtain the signature of GS thereon. Thereafter, the IA to return a finding of guilt in respect of admitted charge(s). [Rule 14(9) & 14(10)] 2 if the GS fails to appear within the specified time or refused or omits to plead, IA Shall require the PO to produce the evidence by which he proses to prove the articles of charge. Production of documents Authority, having the custody of requisitioned documents, may inform the IA that production of document(s) would be against public interest or security of State. IA shall thereafter communicate this to GS and withdraw the requisition made by it for production of document (s). [ Proviso to Rule 14(13)] Continued from pre-page 5 Important Notes ❖ Bias petition of CO [OM No. 39/40/70-Estt.(A) dated 9.11.1972] Whenever an application is moved by a Government servant against whom disciplinary proceedings are initiated under CCS (CCA) Rules, 1965 against the Inquiry Authority on ground of bias, the proceeding should be stayed and the application referred alongwith the relevant material, to the appropriate authority for considering the application and passing of appropriate order thereon. ❖ Ex parte inquiry [Rule 14 (20) of the CCS (CCA) Rules, 1965]. Ex-parte inquiry can be resorted to only when the following conditions are satisfied: a) Articles of charge should have been delivered b) The charged officer had failed to submit the written statement of defence on or before the specified date or c) Does not appear in person before the Inquiring Authority or d) Fails or refuses to comply with the provisions of the CCS(CCA) Rules. ❖ Daily Order Sheet: Daily Order Sheet is the record of the progress of the case handled by the IA during a day. It is prepared and maintained by the IA. It needs to be appreciated that Daily Order Sheet will be the most authentic record for ascertaining as to what happened in the course of inquiry because it is signed by all present. ❖ Abbreviations used in the flow chart. a) DA – Disciplinary Authority b) IA – Inquiring Authority is a Inquiry officer appointed by DA to inquire into the charges. c) GS – Government Servant against whom disciplinary proceedings are initiated d) PO – Presenting Officer [Charge Sheet – Minor Penalty] Inform the Government servant in writing of the proposal to take action against him along with the imputations of misconduct or misbehavior on which it is proposed to be taken and give him reasonable opportunity of making such representation as he may wish to against the proposal [Rule 16(1)(a)] Steps for holding the Minor Penalty proceeding under Rule 16 Decision of the DA to take action When the Disciplinary Authority (DA) decides to hold minor penalty proceeding. 6 DA considers the representation of GS and decides not to hold any inquiry, for reasons recorded in writing. DA forwards the representation of GS, along with his comments to UPSC for advice wherever consultation necessary. DA shall forward or cause to be forwarded a copy of the advice of the UPSC to GS who shall be required to submit, if he so desires, his written representation within 15 days time. [Rule 16(1)(d)] In Case no consultation with UPSC required, DA can impose any minor penalty. DA can impose penalty from clause (i) to (iv) of the Rule 11 [Minor Penalties]