• Department enquiry appeal

Hi ,
I am complainant and lodged complaint against Govt officer for his illegal act. The department enquiry completed and officer misconduct proved. Disciplinary Authority accepted the enquiry report , but ordered meager penalty to save his officer.

Now due to DGO misconduct third party/Victim suffered from illegal eviction and hefty financial losses and legal expenses to get his property. 

so I am not happy with the Disciplinary Authority meager penalty order , so would like to file appeal to Appellant authority to enhance penalty order and compensation for Victim/complainant for DGO misconduct.

I request your kind self to provide appeal provision under CCA rules to be filed by complainant/victim to appellant authority.

Regards
Jagannath
Asked 1 year ago in Civil Law

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5 Answers

there is no provision for filing appeal by victim 

Subject to the provisions of rule 22, a Government servant may prefer an appeal against all
or any of the following orders, namely:-
(i) an order of suspension made or deemed to have been made under rule 10;
(ii) an order imposing any of the penalties specified in rule 11, whether made by the
disciplinary authority or by any appellate or revising authority;
(iii) an order enhancing any penalty, imposed under rule 11;
(iv) an order which-
(a) denies or varies to his disadvantage his pay, allowances, pension or other
conditions of service as regulated by rules or by agreement; or
(b)interprets to his disadvantage the provisions of any such rule or agreement;
(v) an order-
(a) stopping him at the efficiency bar in the time-scale of pay on the ground of
his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post, to a lower
service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension
admissible to him under the rules;

 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

You can seek appeal as per the concerned Central govt department rules in the said circumstances. If there are not express appeal procedure you can file writ petition in HC

 

 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Under ccs Rules there is no provision conferring power on complainant to appeal seeing enhanced punishment of government servant. You need to approach High Court in writ seeking such relief. High Court  has such power to direct DA to seek enhancement of sentence.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can definitely file in appeal against the enquiry

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

To punish or discharge the delinquent employee or to let him off with minor penalty is the discretion of the competent authority.

In no way the complainant can raise an objection to decision of the competent authority.

If at all he is aggrieved over this and is suffering monetarily or otherwise, he can seek remedy through appropriate laws and not by preferring an appeal against the decision of the inquiry committee or the discretionary powers of the competent authority.

There is no provision in law for appealing against the decision of the authority by the complainant in the departmental inquiry 

 If you are aggrieved by the decision and believe that this is a biased decision, you may file a writ petition before high court on the basis of the grounds you rely upon.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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