In departmental inquiries communication through ‘Registered Post A. D.’ is quite reasonable and sufficient.
If a registered letter is offered to but refused by the addressee, the addressee will be imputed with knowledge of the contents also.
Once an order is issued and sent out, it is held to be communicated, no matter when the employee concerned actually receives it. The only exception is an order of dismissal etc. which takes effect from the date of his actual knowledge.
Holding of departmental inquiry proceedings after acquittal depends upon the nature of findings by the criminal court.
Though a full fledged inquiry is not necessary for imposing a minor penalty but the CE must be given an effective opportunity to defend himself.
It is always open to the DA to withdraw a reference for disciplinary action or to drop the charges.
Reversion to parent department before expiry of the period of deputation is not a punishment.
Ex-parte proceedings are justified where the CE declined to participate in the inquiry despite notice to him.
Ex-parte proceedings are justified where an attempt was made to serve notice on the CE through registered post, but the CE refused to accept it.
Ex-parte proceedings are justified where the attitude of the CE was one of complete non-cooperation.
Ex-parte proceedings are not justified where the CE (placed under suspension) is not paid his subsistence allowance for several months, expressed his inability to attend inquiry proceedings held at a distinct place from his headquarter, due to paucity of funds.
Even in ex-parte proceedings, the IO should record all available evidence.
The relationship of employer and employee comes to an end on retirement of the employee and hence no disciplinary proceedings can be taken against him after that date.
Even after retirement, an inquiry to a limited extent is admissible under the pension rules for withholding or withdrawing the pension.
With best wishes,
Keshav Ram Singhal
IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority
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You may visit following blogs:
- 'Quality Concepts and ISO 9001:2008 QMS Awareness' at http://iso9001-2008awareness.blogspot.in/
- 'ISO 9001 QMS Awareness' Blog in Hindi at http://iso9001awareness.blogspot.in/
- 'EMS Awareness' Blog at http://emsawareness.blogspot.in/
- Blog on 'ISO 9001:2015 QMS Awareness' at http://qmsawareness.blogspot.in
With best wishes,