APPLICATION
FOR COMPENSATION BY WORKMAN [CD1]
To,
_____________
(Through Proper
Channel)
Subject: Appeal
under Rule 23 of CCS (CCA) Rules 1965 against the impugned order passed by the
Disciplinary Authority dated ______ (received by the appellant on ______),
whereby it has been ordered that ______-_
Sir,
With due respect
and humble submissions the appellant begs to submit the following few lines for
your kind consideration and necessary actions please.
1.
That the appellant joined
service in the department in the year _____ as a _____ . Ever since the
appellant has been discharging his duties to the entire satisfaction of his
superiors with the best of his abilities and the whole service record till now
has been unblemished ______.
2.
That on _____
3.
That a charge sheet was issued
to the appellant on _____ to which the appellant filed a detailed reply on
______.
4.
That the said impugned order is
illegal, arbitrary and non-speaking and deserves to be quashed.
5.
That none of the charge
against the appellant was proved.
6.
That the impugned order _____
issued by the Disciplinary Authority is arbitrary, malafide, illegal, ultra
vires, against the Articles 14 and 16 of the Constitution of
India, dehors the rules
and regulations and against the natural justice.
7.________
8.
That it is submitted that the
initiation of the impugned disciplinary proceedings by issuing a charge-sheet
levelling charges which were stale and on materials gathered as an afterthought
was an action tainted with malice and such proceedings are liable to be quashed
as being mala fide and malicious in law.
9.
_______That as per the settled
principle of law, the alleged misconducts pertaining to the period prior to the
promotion of the applicant stands condoned. As such the misconducts in Articles
of Charges Nos. ______ cannot be made grounds for punishment of the applicant.
The Disciplinary Authority was prejudiced against the applicant and due to
malafide intention and for the extraneous reasons has awarded impugned punishments
on the applicant.
10.
___________________That on
______ (Annexure A-___________________), the applicant was served with charge
sheet by the Disciplinary Authority for the following four charges:-
11.
______That the applicant
submits that on ______ (Annexure A-_______) the applicant has prayed for copy
of ______ mentioned in the Annexure A-III with the Charge Sheet so as to enable
the applicant to submit his written statement of defence as sought
for by the Disciplinary Authority.
12.
______ That it is against well
established principles of law, rules and regulations that the person who
happens to be witness cannot be appointed as Presenting Officer and vice
versa.
13.
______That the applicant
submits that on ______ (Annexure A-______) the applicant made a representation
to the Disciplinary Authority with a copy of the same endorsed to and got
received on the same date by the Inquiry Officer, praying therein that the applicant
is entitled to seek assistance of a defence assistant in his disciplinary case
as per the relevant provisions and therefore the applicant may be granted
permission to engage Defence Assistant, Sh. _______________________, who is an
advocate. It was also stated therein that Sh. __________________________ has
also consented to assist the applicant in the afore-mentioned case in the
inquiry. It was obligatory on the part of the Disciplinary Authority to allow
Defence Assistant to the applicant and further proceedings could be proceeded
only after the Defence Assistant has been allowed to the applicant.
14.
______That the applicant
further submits that the said charge sheet was further amended on _______
(Annexure A-______________________) without affording the opportunity to the
applicant to file reply to the said amendment. The Disciplinary Authority has
not observed the mandatory principles of law, rules and regulations to seek the
further written statement from the applicant with regard to the amended charge
sheet.
15.
_____That on ______, (Annexure
A-_____________________) the applicant made a detailed reply to the show cause
notice, raising therein various legal objections to the enquiry.
Non-consideration of those points is indicative of nonapplication of mind by the
Disciplinary Authority.
16.
_______That the penalty of
_______ imposed by the Disciplinary Authority on the applicant is
disproportionate to the alleged misconduct and shocking the conscience as well
as indicative of arbitrariness and malafide intention on the part of the
Disciplinary Authority.
17.
_________That the Applicant
further submits that on ________ (Annexure A_________) the applicant applied to
the Disciplinary Authority to supply day-to-day proceedings of order sheet,
witnesses examined in the inquiry and other documents related to inquiry placed
on the file so that the applicant could file the appeal. The Disciplinary
Authority has flatly denied the same to the applicant on ________ (Annexure
A-__________). The applicant submits that such denial amounts to denial of
natural justice to the applicant and such an action on the part of the
respondent Disciplinary Authority is against the well-settled principle of law,
rules and regulations.
18.
_________That the inquiry
officer is stated to have conducted the hearings in the case on _______ without
any Defence Assistant having been allowed to the applicant and without giving
notice to the applicant, which is against the provisions of Rule 14 of the CCS
(CCA).
19.
________ That the applicant has
thus been deprived of his legitimate rights of cross-examining the witnesses
and put his own defence and give defence witnesses. The witnesses were thus
examined at the back of the applicant without affording opportunity to the
applicant to establish the veracity of their false statements. The witnesses
were tutored on the behest of the Disciplinary Authority as they all are the
subordinates of the Disciplinary Authority.
20.
________That the applicant was
legitimately expecting that after the application of the applicant for Defence
Assistant is decided by the Disciplinary Authority, the further disciplinary
proceedings will be proceeded in accordance with the law.
21.
_______That the defence of the
presenting officer was recorded in utter violation of Rules 14 (15) of CCS
(CCA) Rules 1965, which interalia provides that Presenting Officer appointed in
a case cannot be examined as a witness at the enquiry.
22.
_________ The Disciplinary
Authority was required to entrust the enquiry to the Director Departmental Enquiries
______ as per State Govt. orders vide notification No. ______ dated ______
(Annexure A-________) and ______
(Annexure A-________).
Vide Annexure A-_______, it is clearly envisaged that:-
"All fresh
inquiries in disciplinary proceedings to be initiated against Gazetted Officers
(Class-I & Class-II) will be entrusted to the Commissioner Departmental
Enquiries and those against the Non-Gazetted Officers/officials will be
entrusted to the Director of Departmental inquiries."
23.
______That it is apparent from
the above that the Disciplinary Authority has purposely and malafide violated
the above instructions of the state Government.
24.
_______That the day to day
proceedings including copies of depositions of witnesses and the written briefs
of the Presenting Officer were not supplied to the applicant as required under
Rule 14 Note 6 of CCS (CCA) Rules 1965.
25.
_______That the Disciplinary
Authority has not indicated the proposed penalty in the show cause notice
which is mandatory requirement.
26.
_______That the Inquiry Officer
has never served the applicant with the notice of ex-parte proceedings, which
was obligatory on the part of the Inquiry Officer. It is mandatory under the
Government Instructions that the notices of all hearings should be served on
the accused or communicated to him unless the first notice says that the
inquiry will continue from day
to day.
27.
_______That the respondents
have not even afforded opportunity to the applicant to see the relevant record
being used against the applicant before starting of inquiry. Neither has the
applicant been supplied with the Presenting Officer's briefs.
28.
_______ That the punishment as
awarded by the Disciplinary Authority is not competent as much as the
Disciplinary Authority is not the appointing authority of the applicant.
29.
_______That the Charge sheet
has been issued by the incompetent authority. No tenable oral or documentary
evidence was brought on record before the Disciplinary Authority. Disciplinary
Authority has based its decision on extraneous matters. Similarly the Appellate
Authority has rested its decision on the extraneous matters. The Appellate
Authority has not applied its own mind. The appellate authority has not
supplied the copy of comments sought for from the department to the applicant
and thus the decision of the appellate authority has been prejudiced and
vitiated.
30.
That the respondents are
estopped due to their own act, deed and conduct. The principle of the
Promissory Estopple applies against the respondents.
31.
That the impugned order is
against the well settled principles of the law as laid down by the Hon'ble
Supreme Court and this Hon'ble Tribunal in catena of cases.
32.
In view of above submissions,
it is respectfully submitted that the impugned order dated ______ passed by the
Disciplinary Authority may kindly be quashed and set aside and the department
may kindly be directed to ______ in the interest of justice. For this act of
kindness, the appellant shall remain lifelong indebted to you sir.
Thanking you sir.
Yours faithfully,
Dated: ______
Encls: _______
(ADVANCE COPY FORWARDED)
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