REFRESH RULING KNOWLEDGE
1. Whether the divisional superintendent who is a witness or a party in the can case issue charge sheet to an employee, to whom he is disciplinary authority
No. In such cases an adhoc disciplinary authority must be appointed.

2. Whether any punishment can be imposed with retrospective effect.
No. No penalty can be imposed retrospectively; it can only be prospective, either from the date of issue of punishment order or from a prospective date 

3. Whether the punishment of reduction of pay awarded under Rule 16 will affect pension?
No. Any punishment awarded under rule 16 should not affect pension. But if an inquiry as specified under Rule 16(b) is conducted
such a punishment can be imposed.

4. Whether promotions can be accorded if the punishment order has not become operative?
Yes. It should be. Promotions cannot be ordered during the currency of punishment.

5. Can an official be reduced in rank to a rank lower to which he was originally appointed?
No. He cannot be reduced to a rank lower than the rank to which he was originally appointed

6. Whether an order of stoppage increments with cumulative effect will affect seniority?
No. But an order of reduction to a lower rank/post will affect seniority, if ordered as such (Rule 11 Goi 10)


7. What is the DOPT instructions, in determination of seniority in case of reduction to a lower rank/post?
8 After acquittal from court on criminal charge, whether the dept can take disc action on the same charge?
NO, if the official is acquitted honourably. But if the acquittal is for lack of evidence etc... Dept can proceed, if it has got enough evidence to prove the charge. This is because the standards of proof required in a deptl inquiry and in criminal proceedings are different. 

9 Whether an officer holding current charges can exercise the disc powers attached to the post?
NO

10 Whether the lower authority (SP) can award major penalty to an official appointed by the higher authority (SSP)?
No. No civil servant shall be dismissed or removed from service, by an authority subordinate to appointing authority.

One official may have many appointing authorities in every stage of promotion etc... Therefore the highest authority among these appointing authorities can only impose major penalties.

11 What is the period after which a suspension order will have to be reviewed?
As per sub Rule 10 sub rule 6&7(ccs (cca)) the 1st suspension order will remain in force only for 90 days. Before the expiry of 90 days the suspension order will have to be extended based on the recommendations of the review committee The review committee can also recommend extension of suspension only up to 180 days at a time.

12 Whether the suspension order can be prolonged with out the issue of charge sheet?
Yes if the review committee recommends extension, but it will be difficult to justify such prolonged suspension. CAT Bangalore in a judgement in case of A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195 Bangalore held that non issue of charge sheet even after 180 days is unjustified and quashed the suspension order.

13 weather the committee is empowered to extend suspension beyond 180 at a time
Yes. But not at a time, the committee has to review suspension before the expiry of 180 days

14 Weather the closed cases can be reopened?
Yes. The reviewing authority after giving a due notice to the concerned official with in the period prescribed for such a review can revise the order earlier made by the disciplinary authority. 

15,16 &17 Omitted

18 What is the financial power of LSG& HSG POSTMASTERS?
Rs 30/- to LSG and Rs 60/- to HSG, Subject to availability of funds allotted by DO

19 Can an authority force an official to take VR When he becomes physically or mentally disabled?
No. As per DOPT orders dated 19-01-2004 no establishment shall dispose with or reduce in rank an employee who acquired disability during his service. In case if it is not possible to adjust him against any post, he may be kept on a super numery post until a suitable post is found or made available or till the date of his retirement on superannuation. This order is based on the amended provisions of the section 47 of the “ persons with disability act1995”

20 Omitted

21 Whether any time limit is prescribed for disposal of representations received
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