Request reference of Supreme Court Judgement on disqualification of contractual/temporary officer exercising the power of Competent authority to initiate disciplinary action on regular/permanent employee in Central Government Service.
Also request clarification whether I can issue notice under Section 80 CPC in my individual capacity under the circumstance that (1) I am confident of incompetency of officer issued charge sheet (2) Officer not willing to provide documentary proof on competency inspite of my request. Specifically under the circumstance that the higher authority also found biased.
As far as I understand if a person is holding the position of competent authority in a lawful manner and if there is no legal defect in his occupying that position, then he should be in a position to exercise the powers of that authority. The source of his recruitment should not come in the way, provided there is no legal defect in his appointment. Temporary only implies that he would not be there for regular duration but in so far as he is lawfully appointed to a position, he should be in a position to exercise the powers attached to that position during whatever tenure he has got. Of course, if there is a specific condition in his temporary / contractual appointment that he would not exercise such-and-such power, then it may be a different situation.
And, if there is a legal defect in his appointment and in his occupying that position (of competent authority), then you may even file a writ of quo warranto.
Since you have mentioned about a charge sheet against a central government servant, I don’t know why do you want to issue a notice under Section 80 CPC. A Central Government servant can directly challenge a charge sheet issued to him in the Central Administrative Tribunal (CAT), if there is a legal defect in the charge sheet. There is no need for issuing a notice under Section 80 CPC or, in fact, even for filing a suit under CPC. Such matters are covered under CAT now.
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