Rejection of appeal against the order of punishment.

[Minhaj Fatima]

I belonged to Karnataka State Civil Service. A departmental inquiry was instituted against me. The KCS (CCA) Rules, 1957 do not provide for appointing a Retired Officer to function as Inquiring Authority. Despite, a Retired Officer was appointed to conduct inquiry into the charges which were made against me. Based on the Inquiry Report of such an unathorised Inquiring Authority, punishment of Compulsory Retirement is imposed on me w.e.f. 24/05/2015.

An appeal was preferred by me against the order of punishment within the stipulated time limit. Meanwhile, I had made an application for sanction of pensionary benefits. Accordingly, the pensionary benefits were sanctioned to me during pendency of the appeal.

The appeal was kept pending for 21 months. However, the same is rejected now stating that; as I had made application for sanction of pension, it amounts to accepting the punishment.

Hence, the Hon’ble experts may be pleased to guide me about the remedy available to me, since the appoibtment of inquiry officer in itself was bad in law.

[Dr. Ashok Dhamija]

You may have to challenge the penalty order in the appropriate court or administrative tribunal (if there is Karnataka State Administrative Tribunal). You can challenge it on grounds of appointment of an unauthorized inquiry authority in violation of the rules (as you have mentioned) and other available grounds.

In fact, you should have accepted the pension under protest. If you have done so, then that would be alright. Even otherwise, you have a right to challenge the penalty in the appropriate court or tribunal. You may take a stand that since the decision in appeal was taking so much time or was likely to take time, for your livelihood you had no option but to accept pension since salary had already been stopped due to the penalty of compulsory retirement; and that, as soon as the appeal has been dismissed, you are approaching the court / tribunal within the limitation period permissible. I think acceptance of pension should not come in the way of your challenge before the court / tribunal which is your right. Acceptance of pension was a fait accompli, since there was no option in the given circumstances, otherwise you would have lost salary as well as pension. Don’t let your opportunity of challenging it in appropriate court / tribunal go just like that, more so when you feel that you have good grounds to challenge the penalty order.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Minhaj Fatima]

Thanks a lot sir….

[Author]

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