DOPT ISSUED FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS

DOPT published today on its official website regarding the 'Administrative Tribunals', the clarification is given as  ‘FREQUENTLY ASKED QUESTIONS’ and it placed under for your information…

FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS

Q.1 What is the objective behind setting up of Central Administrative Tribunal? 

Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.

Q.2 What are the jurisdiction of a Central Administrative Tribunal? 

Ans. CAT adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities with the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.

Q.3 What are the qualifications for appointment as Chairman and other Members of the Tribunal? 

A person shall not be qualified for appointment as the Chairman unless he is, or has been, a Judge of a High Court.

Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointed as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.

(2) A person shall not e qualified for appointment :-

(a) as an Administrative Member, unless he has held for at least tow years the post of Secretary to the Government of India or any other post under the Central or State government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India at least for a period of five years :

Provided that the officers belonging to All India Services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause:

(b) as a Judicial Member, unless he is or qualified to be Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post Additional secretary to the Government of India in the Department of Legal Affairs and Legislative at least for a period of five years.

Q.5 Where are the benches of Central Administrative Tribunals located?

Ans. There are 17 Benches of the Tribunal, located throughout the country wherever the seat of a High Court  located, with 33 Division Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, lmphal, Itanagar, Aizwal and Nainital.

Q.6 what are the limitations of admitting an application? 

Ans. As per Section 21 of the Administrative Tribunal Act. 1985 (1) A Tribunal shall not admit an application :-

(a) In a case where a final order such as is mentioned in clause (a) of sub-(2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made:

(b) In a e where an appeal or representation such as e mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made within one year from the dale of expiry of the said period of six months.

(2) Notwithstanding anything contained in sub-section (1), where -

(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on whdi the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the mater to which such order relates; and

(b) no proceedings for the readressal of such grievance had been commenced before the said date before any High Court,

the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or. as the case may be. clause (b), of sub section (1) or within a period of six months from the said date. whichever period expires later.

3. Notwithstanding anything contained in sub-section (1) or sub-section(2). an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), ¡f the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.

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CAT Jodhpur Bench delivers historic judgement on grant of MACP

CAT Jodhpur Bench delivers historic judgement on grant of MACP

The Hon CAT, Jodhpur, has delivered a historic judgement regarding granting of MACP. In its common order dated 22.05.2012 in OA 382/ 11. As per the Order, Promotion of a PA from Gr D/ Postman, should not be treated as promotion under MACP. Rather, MACP shall be granted based on the 10, 20, 30 years service in the PA cadre. Any promotions under LDCE shall not be brought into number of promotions under MACP.

Click here to download the order

LAND MARK JUDGEMENT ON CHILD CARE LEAVE TO DEPRIVED WOMEN EMPLOYEES

CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH                                                                                     

ORIGINAL APPLICATION NO.931-CH-2011

 Chandigarh, this the 30th day of September, 2011

CORAM:           Hon'ble Mrs. Shyama Dogra, Member (J).                   Hon'ble Mrs. Promilla Issar, Member (A).

Mrs. Aarti Rani, wife of Shri Ashwani Kumar, aged 39 years, presently working as Postal Assistant in  Post Office Sector-15, Chandigarh (U.T.)-160015.

                        Applicant

Versus

1. Union of India through Secretary, Ministry Communication & Information Technology, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110016.

2. Senior Superintendent of Post Offices, Chandigarh Division, Sector-17, GPO Building, Chandigarh (UT)-160017.

 Respondents

Present:     Sh. D.R. Sharma, the counsel for the applicant.

Sh. Rohit Sharma, vice Sh. Deepak Agnihotri, the counsel for the respondents.

O R D E R(Oral)

By Hon'ble Mrs. Shyama Dogra, Member (J):-

1.         This is a second round of litigation by the applicant for quashing of impugned order Annexure A-1 dated 30.8.2011 whereby, her request to grant her child care leave has been rejected by the respondents.

2.         The claim of the applicant is that Govt. of India issued office memorandums dated 11.9.2008 and 07.9.2010. Under those memorandums, women employees having minor children are to be granted Child Care Leave (CCL for short) for a maximum of two years during their entire service period for taking care of up to two children till the age of 18 years for the purpose of their care and taking care of any of their needs like examinations, sickness etc.  It is submitted by the learned counsel for the applicant that the applicant has twins, who are pursuing their studies in 10+1, Non-Medical.  Since the husband of the applicant is posted at a far-away place in Amritsar, the applicant has to look after these two children, therefore, she had applied for child care leave, which has been denied by the respondents by passing a          non-speaking order.  Aggrieved by that order, the applicant had filed an O.A and her case was remanded to the respondents to re-examine the matter afresh and pass speaking orders.  Impugned order annexure A-1 is an outcome of those directions given by the Court.

3.         While challenging this impugned order, the main contention of the applicant is that since these office memorandum are for the purpose of giving some relief to eligible women employees to enable them to look after their children properly, therefore, the respondents should not have rejected her request for CCL, keeping in view the fact that earlier also she was granted this leave for three months when the applicant had to look after her children during their final examination.  It is not denied by the applicant that this special child care leave cannot be claimed as a matter of right, yet the fact remains that this leave is to be granted for a particular purpose as mentioned in these instructions, therefore, if the applicant is not granted this leave the whole purpose of this scheme formulated for the benefit of women employees will be defeated.  The learned counsel for the applicant submits that the applicant will not be able to take this leave after 2013 as her children will become major by that time and their exams would be over.  

4. The learned counsel for the applicant has also objected to the findings given by the competent authority with regard to shortage of staff in Chandigarh Postal Division on the ground that earlier also the applicant was posted to other post offices in Sector 36 and sector 44 which falsify the plea of the respondents that there is a shortage of staff as the applicant at present also is working in sector-15 Post office. She has categorically mentioned that out of the total strength of 486 permanent posts of postal assistants, 455 postal assistants are on the rolls, hence there is no shortage of staff and in case she is granted CCL, there is still a provision for appointment of an incumbent against a leave vacancy and the respondents can make necessary arrangements for such period for which the applicant has applied for CCL.

5.         The respondents have filed a written statement and have supported the impugned order on the ground that the applicant has not exhausted all the departmental remedies before coming to this Court, therefore, this O.A. is premature and liable to be dismissed as she can still file a representation to the higher authority against the impugned order Annexure A-1. The respondents have also categorically mentioned that grant of CCL cannot be asked for as a matter of right by the women employees and it can only be granted under special circumstances and she was also granted this leave during the final examination of her children and therefore, it cannot be said that the respondents are not considerate to women employees in the matter of grant of CCL.  The plea of the applicant for grant of this leave has been rejected by the competent authority in view of the instructions of DOPT dated 18.11.2008 (R/2) in the interest of smooth functioning of the office and keeping in view that if CCL is granted in routine, then the office work would suffer in various departments.  Since the applicant has not mentioned any valid reason for grant of this leave, therefore, there is no illegality in passing of the impugned order Annexure A-1, which is fully supported with reasons and the same is liable to be upheld.

6. The applicant has filed a rejoinder and reiterated the submissions as made in the O.A.

7. We have heard the learned counsel for the parties and carefully gone through the record. 

8. The instructions issued by the respondents on 11th September, 2008 and clarifications issued later on, clearly envisage that CCL cannot be demanded as a matter of right but the fact remains that this benefit has been given to the women employees to facilitate them so that they can devote adequate time to the care of their minor children upto the age of 18 years, which may be for the purpose of their up-bringing to look after any of their specific needs like examinations, sickness etc.  This leave can be granted for a maximum of 3 spells in a year. 

9. Therefore, once a particular scheme is introduced by the employer for the benefit of its employees, it should be implemented in a fair and rational manner and we are of the view that the respondents need not have completely rejected the request of the applicant for CCL as she needs this leave for the purpose of devoting some extra time to her minor children. Instead of completely rejecting her request, the respondents should have considered sympathetically her prayer for grant of CCL around the examination time. 

10. Therefore, in our considered opinion, the matter requires                          re-examination. Thus, the impugned order dated 30.8.2011     (Annexure A-1) is hereby quashed and set aside while giving directions to the respondent concerned to consider sympathetically the prayer of the applicant for grant of CCL in different spells  during and around the examination period of her children.  Needful be done within a period of two months from the date of receipt of a copy of this order.

11.  With these directions as above, this O.A. stands disposed of with no orders as to costs.

(PROMILLA ISSAR)                                                    (SHYAMA DOGRA)                                  

 MEMBER (A)                                                       MEMBER (J)

Place: Chandigarh.

Dated: 30.9.2011.

KR* 8 6

(O.A.931-CH-2011)

                                 

 Source : http://judis.nic.in/judis_cat/CaseNo_Cat_Result.aspx

ANOTHER REMARKABLE JUDGMENT QUASHING RECOVERY IMPOSED UNDER CONTRIBUTORY FACTORS

ANOTHER REMARKABLE JUDGMENT QUASHING

RECOVERY IMPOSED UNDER CONTRIBUTORY FACTORS

Please make use of it

Click here to download for full text

Courtesy : http://www.aipeup3chq.com/

INJUSTICE CAUSED TO PROMOTEES IN MACP – QUASHED

INJUSTICE CAUSED TO PROMOTEES IN MACP – QUASHED

FANTASTIC ORDERS PRONOUNCED BY CAT, JODHPUR

v Promotion as PA from Group ‘D’/Postmen should not be construed as Promotion under MACP

v MACP shall be granted afresh from PA cadre based on 10, 20, 30 years in PA cadre

v Any promotions under LDCE shall not be brought into no. of promotions under MACP

v Applicant should be paid arrears with interest applicable to GPF

The full text of the judgment is furnished below in the link. What we are demanding all along (i.e) to exclude the promotions acquired by exam has been categorically declared by the Hon’ble judge. A remarkable decision.

The CHQ is referring the CAT decision to the Directorate requesting to implement the same to all without further appeal in High court or other forums.

Thanks to Com. Sohan Lal Asst. Circle Secretary, Jodhpur & Com. H. P. Diwakar, Circle Secretary, Rajasthan Circle


Click here to download full text

Source : http://www.aipeup3chq.com/

ACT UNDER BRITISH RULE - STUDY MATERIAL FOR VARIOUS DEPARTMENTAL EXAMINATION

Regulating Act, 1773-First step taken by the British Government to control and regulate the affairs of the East India Company in India

Pitt's India Act, 1784 It was introduced to remove the drawbacks of the Regulating Act

Charter Act, 1813  Monopoly of the Company's trade abolished except trade in tea & trade with China

Charter Act, 1833 It made the Governor-General of Bengal as the Governor-General of India.

Charter Act, 1853 The legislative and executive functions of the Governor-General's Council were separated.

Government of India Act, 1858 This Act transferred the Government territories and revenues of India from the East India Company to the British Crown.

Indian Councils Act, 1861 Governor- General's Executive Council should have some Indians as the non-official members while transacting the legislative businesses.

Indian Councils Act, 1892  Enlarged the functions of the Legislative Councils and gave them the power of discussing the Budget and addressing questions to the Executive

Indian Councils Act, 1909 This Act is also known as the Morley-Minto Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Governor- General of India). Introduction of an element of direct elections to the Legislative Councils

Government of India Act, 1919  This Act is also known as the Montague Chelmsford Reforms. Montague was the then Secretary of State and Lord Chelmsford was the then Governor General of India. The act was meant to provide "Responsible Govt". in India

Government of India Act of 1935  The Act provided for the establishment of an 'All-India Federation' consisting of the Provinces and the Princely States as the units.

Indian Independence Act of 1947 It declared India as an Independent and Sovereign State

Collected by  S Jayachandran  , SA , Mavelikara Division, 690101 9961464279

For latest update visit: http://rmssa.blogspo.in/

SEXUAL HARRASSMENT OF WOMEN IN THE WORK PLACE – FAQ ON REMEDIAL MEASURES

SEXUAL HARRASSMENT OF WOMEN IN THE WORK PLACE – FAQ ON REMEDIAL MEASURES

1. Whether there is any Rule for Prohibition of Sexual harassment of Working Woman?

Yes Rule 3 C of CCS (Conduct) Rules, 1964 prohibits sexual harassment of any woman at her workplace.

2. What are the specific provisions of the Rule?

(1) No Government Servant shall indulge in any act of sexual harassment of any woman at her workplace.

(2) Every Government Servant who is in charge of a workplace shall take appropriate steps to prevent sexual harassment to any woman at such workplace.

Explanation: For the purpose of this Rule. ‘Sexual harassment’ includes such un-welcomed sexually determined behaviour whether directly or otherwise, as

(a) physical contact and advances;

(b) demand or request for sexual favour;

(c) sexually coloured remarks;

(d) showing any pornography; or

(e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

3. What are the guidelines and norms to be mainintained to prevent and deal with cases of sexual harassment in working place?

The Hon’ble Supreme Court has laid down guidelines and norms in this matter in the case of Vishakha and Ors.Vs State of Rajasthan & Ors (Jt.1997(7) SC 384). These guidelines and norms to be observed to prevent sexual harassment of working woman have been circulated to all Ministries and Departments vide DOPT’s OM No.11013/10/1997-Estt.A dated 13.02.1998. A copy of these guidelines are available on the website of Ministry at WWW.permin.nic.in. As per the above guidelines, there should be complaints Committee, a special Counsellor or other support service including maintenance of confidentiality.

(DOPT’s O.M.dated 21.07.2009 and 7.8.2009)

4. What is the Composition of Committee?

The Complaints Committee should be headed by a woman and not less than half of its members should be women. Further, to prevent the possibility of any undue pressure of influence from Senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of Sexual harassment.

(enclosure of DOPT’s O.M. dated 13th Feb., 1998)

5. What about complaints against senior level officers?

For inquiring into complaints made against officers of the level of Secretary, Addl. Secretary and equivalent level of Govt. of India, a separate Complaints Committee has been set up by the Cabinet Secretariat with the approval of the Prime Minister.

(DOPT’s O.M.11013/10/97-Estt.A dated 13.07.2009)

6. What about Complaints against senior level officers?

For inquiring into complaints made against officers of the level of Secretary, Addl. Secretary and equivalent level of Govt. of India, a separate Complaints Committee has been set up by the Cabinet Secretariat with the approval of the Prime Minister.

(DOPT’s O.M. No.11013/3/2009-Estt.A dated 2nd Feb., 2009, Cab.Secretariat’s O.M.501/28/1/2008-CA.V dated 26.09.2008)

7. Whether separate Complaints Committee should be set up for each complaint of sexual harassment case?

No. It is necessary to have in place at all times an effective mechanism for dealing with cases of sexual harassment and to create awareness in this regard. There should be Standing Committee in each organization for inquiring into any such complaints. The Complaints Committee must make an Annual Report to the Government Department concerned of the Complaints and action taken by them. It would also be desirable of the Committees to meet once in a quarter even of there is no live case and review preparedness to fulfill all requirements of the Vishakha judgment in the Department/Ministry/Organisation concerned.

(DOPT’s O.M dated 21.07.2009, 07.08.2009, 3rd August 2009)

8. What is the status of the report of the Complaints Committee?

In its order dated 26.04.2004 in the Writ Petition No: 173-177/1999 in the case of Medha Kotwal and Ors.Vs UOI & Ors. the Hon’ble Supreme Court has directed that the Reports of the complaints Committee shall be deemed an enquiry Report under the CCS Rules. Thereafter, the Disciplinary Authority will act on the report in accordance with Rules. Sub-Rule (2) of Rule 14 of CCS (CCA) Rules, 1965 has accordingly been amended to provide that the Complaints Committee shall be deemed to be the Inquiry Authority for the purpose of these Rules by the Notification No. 11012/5/2001-Estt.A dated 01.07.2004 (GSR 225 dated 10th July, 2004). In view of the said amendment made to the CCS (CCA) Rules, the instructions contained in DOPT’s O.M.dated 12th Dec., 2002 stands modified and the report of the Complaints Committee should be treated as an inquiry report and not a preliminary report.

(DOP&T O.M. No.11013/3/2009-Estt. (A) Dated the 21st July, 2009]

[DOPT OM dated 12.12.2002 as amended by O.M. dated 4.8. 2005]

9. Is there any charge Sheet in such cases?

The Complaint forwarded by the DA to the Complaint Committee is treated as Charge Sheet. Specific Charge Sheet may also be made on the basis of complaints.

10. Is the procedure prescribed in the CCS (CCA) Rule 14 followed in such enquiries?

The Complaint Committee is the competent authority in such cases to decide the procedure. However, since the report of the committee is to be treated as the enquiry report under the CCS(CCA) rules and the Disciplinary Authority is to take action on that report as per the same rules (as mentioned at point 8 above) the procedure prescribed in Rule 14 of the CCS (CCA) Rules are to be followed as far as practicable. [DOP&T O.M.No.11013/3/2009-Estt.(A) dated 3rd August, 2009].

11. Whether copy of the report should be given to the Charged Officer / Complainant?

Yes, may be given.

12. Whether any special leave or transfer is to be granted to the complainant if such request is made by her?

As per existing Leave Rules, there is no special type of leaves that can be granted to the aggrieved woman. However, the can be granted any of regular leave that’s admissible to her under the provisions of CCS (Leave) Rules, 1972 (as amended from time to time). The victims of sexual harassment should have the option to seek transfer of the perpetrator or their transfer or their own transfer.

(DOPT’s O.M.No 11013/10/97-Estt.A dated 13th Feb., 1998)

13. Whether any amendment to the existing Rules / instructions is being made on this issue?

The existing Rules / Instructions / guidelines / norms / mechanisms have been formulated on the basis of direction of the Supreme Court in the case of Vishakha & Other vs. State of Rajasthan and Medha Kotwal Lele & Ors vs. UOI & Ors. as mentioned above. However, Ministry of Women & Child Development have introduced a Comprehensive Bill in the Parliament on the issue of sexual harassment at working place — Government, Semi-Government, Private Sector as well as unorganized sectors. After passing of the Bill in the Parliament detailed Rules vis-a-vis that Act may be formulated by the Government.-

Courtesy : http://katiharho.blogspot.in/

Three per cent quota in Government Service for the Disabled is only for initial appointments not for Promotions - Madras High Court

Three per cent quota in Government Service for the Disabled is only for initial appointments not for Promotions - Madras High Court

Three per cent quota in government service for the disabled is only for initial appointments, and the government cannot be directed to extend it for promotions, ruled the Madras High Court on Monday.

Dismissing a petition seeking a direction to the government to reserve three per cent for promotions to physically handicapped persons, Justice K. Chandru said: “The provisions are contemplated only for initial appointments and not for promotions. The petitioner has not made out any case to seek a direction to provide for reservation for the disabled persons in the matter of promotions in respect of State services.”

The writ petition was filed by the South Arcot Vallalar District Handicapped Welfare Association, represented by its president S. Shanmugam, seeking reservation for the disabled in promotions. If suitable employees were not available in a particular year, the unfilled posts could be carried over for the next three succeeding years.

When the matter was heard, the State Commissioner for the Disabled stated that there was no government policy to reserve three per cent of posts in promotions to be filled from the disabled category.

The disabled persons were considered only for the direct recruitment posts under three per cent reservation as per a G.O issued in 1981. Promotions were made in government departments based on seniority or transfer of service.

Mr. Justice Chandru said it could be seen from the G.O. that reservation for disabled persons was only horizontal and not vertical as contemplated in Article 16 of the Constitution.

He said that even in respect of the Scheduled Castes and Scheduled Tribes, it was only by virtue of amendments made to the Constitution and by introduction of Article 16(4A) that the State had been empowered to make provision for reservation in promotion to any class or classes of posts in the service

Source: The Hindu, via gservants.com

Departmental, criminal proceedings can proceed at a time: HC

New Delhi, June 10, 2012: A government official can be made to face departmental disciplinary proceedings and trial for his alleged role in a criminal case simultaneously, the Delhi High Court has ruled, rejecting the plea of an IFS officer, facing the twin trouble. 

“The employer should not wait for the decision of the criminal court before taking anydisciplinary action against the employee and that such decision on the part of the employer does not violate the principles of natural justice,”said a bench of Justices Badar Durrez Ahmed and V K Jain, rejecting the plea of the IFS officer, allegedly involved in trafficking nine persons to Germany in 2005.

“It would, thus, be seen that there is no legal bar on disciplinary proceedings and criminal trial proceedings simultaneously, against the same person,” the bench added, citing various apex court’s decisions.

Rakesh Kumar, a 1972-batch officer of the Indian Foreign Service, had moved the high court for stay on the disciplinary proceedings against him till conclusion of the criminal trial against him saying that it would cause“grave” prejudice to him.

A local court yesterday framed charges for offences of criminal conspiracy, cheating, forgery and corruption against Kumar and three others in the human trafficking case.

Kumar, the erstwhile director general with the Indian Council of Cultural Relations, had allegedly facilitated the trafficking of nine individuals to Germany under the guise of fake cultural group ‘Mehak Punjab Di’ by misusing his official position for extraneous considerations.

Justice Jain, writing the verdict, said “We… Find no reasonable possibility of any prejudice being caused to the petitioner, on account of the departmental proceedings being held simultaneously with the criminal trial.”

Source :  http://tkbsen.com

Charge sheet can’t be quashed in a casual manner: SC

New Delhi, June 4, 2012 (PTI): A charge sheet filed in departmental proceeding cannot be quashed by courts unless it adversely affects the rights of the aggrieved employee, the Supreme Court has held. 

“In fact, charge sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action.

“Thus, a charge sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the court,” said a bench of justices B S Chauhan and Dipak Misra, in an order.

The bench passed the order while disposing of an appeal by the Ministry of Defence challenging a Central Administrative Tribunal (CAT) order quashing the charge sheet against one Prabhash Chandra Mirdha in a two-decade old bribery case.

“Law does not permit quashing of charge sheet in a routine manner. In case the delinquent employee has any grievance in respect of the charge sheet, he must raise the issue by filing a representation and wait for the decision of the disciplinary authority thereon.

“In case the charge sheet is challenged before a court/ tribunal on the ground of delay in initiation of disciplinary proceedings or delay in concluding the proceedings, the court/ tribunal may quash the charge sheet after considering the gravity of the charge and all relevant factors involved in the case after weighing all the facts, both for and against the delinquent employee, and must reach the conclusion which is just and proper in the circumstance,” the bench said.

The bench said charge sheet cannot generally be a subject matter of challenge as it does not adversely affect the rights of the delinquent unless it is established that the same has been issued by an authority not competent to initiate the disciplinary proceedings.