I was an employee of Karnataka Government and inflicted with the punishment of Compulsory retirement from 24/05/15. I had requested for grant of pension immediately after the retirement. Thereby, I had preferred the appeal within the time limit stipulated in the CCA Rules, since the Disciplinary proceedings were carried out in a conspiratory manner.
Since, I was not aware of the fact that the appointment of Inquiry Officer itself was not in conformity of Rule 11(2) of the KCS (CCA) Rules. As such, I had not covered this aspect in my appeal.
However, now (after the expiry of 21 months from the date of appeal) the Appellate Authority has dismissed my appeal concluding that the request made by me for sanction of pensionary benefits ipso facto is tantamount to acceptance of punishment.
Kindly suggest me the remedy to be resorted by me.
I have recently replied to a very similar query with surprisingly similar facts. Please see that reply at: Rejection of appeal against the order of punishment.
That reply should cover your question.
I have gone through the reply referred by you. The peculiarity of my case is that I am punished on two charges, viz. remaining absent from duty; and not showing the office record to some inspecting officer.
The absence from duty was not wilfull. In fact, I was suspended from duty. According to instructions of Government of Karnataka an order of suspension will not come into effect unless the official concerned is relieved of his duties by the competent authority and he hands over the charge held by him. However, I was never relieved of my duties. But, within five days from the date of suspension I was reinstated and posted to some other place. Yet again I was not relieved from duty based on reinstatement order also. However, I was allowed to attend my duties for over a period of 9 months. Thereafter, I was prevented from attending my duties. Attendance Register was not produced during inquiry in evidence of this charge.
Similarly, another charge also is proved on the basis of oral statements of such of the persons who were not at all present at the time of inspection. Both of the persons were in Bangalore whereas the incident took place at a place which is 500 kms away from Bangalore. I have obtained the proof thereof under RTI Act.
Hence, I may please be guided about the remedy.
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