Dear friends ,
Good Afternoon.
It is my interest that I would like to share my experience , as HOD./ DH( HEAD OF DIVISION/ DIVISION HEAD ).... Postal Divisional SP/SSP.
Serial 1..... It is to be understood that there is no such rule or order, like ratification of suspension ....in the CCS (CCA) RULES ,1965.
The Appointing Authority or any Authority to which the Appointing Authority is subordinate or the Disciplinary Authority or any other Authority ,empowered ,in that behalf ,by a general or special order of the PRESIDENT , may place the GOVT SERVANT under suspension, under RULE 10 (1) of the CCS(CCA )RULES,1965.
If the Disciplinary Authority , who issued the orders of suspension , happens to be lower in rank than the rank of the Appointing Authority, then that Disciplinary Authority has to submit a detailed report to the Appointing Authority ,briefing the circumstances , which necessitated the Suspension.( Proviso to the Rules ibid.).
That is all.
Review of suspension...Appeal against Suspension are different courses...channels.
I remember one interesting instance, when I was the DH of one POSTAL DIVISION. ( way back in JUNE or JULY /AUGUST 1998).
Immediately after a short period , on my joining as the DH of that DIVISION (on reallotment from KARNATAKA POSTAL CIRCLE), it was on a fine busy day, that I had to read a Note carefully ...the Note put up by the DIVISIONAL OFFICE ASP , in a case file., placed for my orders.
" One departmental postman of one Unit LSG S.O was placed under suspension ,in connection with a case of fraud/irregularity, by the SPM .of that Unit LSG S.O.
SPM of that unit LSG S.O was the disciplinary Authority in respect of postman cadre officials of his own office .He has issued the orders of suspension ,within his competence , as disciplinary Authority.
He was the Appointing Authority also ,in respect of postman cadre officials of his own office ,as per the rules prevailing at that point of time .
( Now the position is different.....SDH...
SUB DIVISIONAL INSPECTOR/ ASP is the disciplinary authority for POSTMAN for the whole sub division.....but he is not competent to impose Major penalties on postman cadre officials. ...SP/SSP alone can impose major penalties).
Coming to the point, as per the note , that file was put up for my of orders (in the capacity as the DH...SP.) for RATIFICATION OF ORDERS OF SUSPENSION issued by the SPM of that S.O .
I cleared the file with the following emphatic orders .
" NO Question of ratification.
SPM can issue the RULE 14 CHARGE SHEET ..But he has to remit the records finally to SP.,if major penalties are warranted( since he is not competent to impose any major penalty).
Therefore ,SP..DH can straightaway proceed to issue Rule 14 charge sheet in this case .
Call for the case file and connected records.".
This much , I have given from my memory. Not verbatim ..but the essence .
The crux of this message is " There is no question of ratification in such cases."
Even now, a few months ago, one defence assistant ,asked me to clear one point of doubt in respect of a case of suspension of one LSG CADRE official ,ordered by the DH ...SP.
His genuine doubt was " Is it not that this order of suspension has to be ratified by the DPS....the APPOINTING AUTHORITY."?.
I said " There is no question of ratification at all.
It would suffice if the DH ,the disciplinary Authority ,submits a detailed report to the Appointing Authority ...DPS.,".
நன்றி.
தொடரும்.
N.Inbalagan I.Po.S(Retd).
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