Monday, October 19, 2009

Tips, Comments,Notes and Illustrations by GD Maity on Disc-appeal

Mainly penalties mentioned in FR-17A in FRSR, Dies-non under Rule-62 of Postal Man Vol-III and five minor penalties and five major penalties under CCS(CCA) Rules 1965 may be imposed on an Govt employee after following prescribed procedures.

FR-17A :

When FR-17A is imposed for the day of absence due to strike , no pay and allowances is granted. Besides this, there is three disabilities ( Now two disabilities) imposed on the Govt Servant. 1) Debarring form promotional examinations as there is break in service from the date of absence ( however the provisional permission is given for appearing in the examinations and FR-17A may be condoned when there is success in the examinations. 2) LTC is denied as one year service is required for LTC and there is short of one year service due to imposition of Break in service. 3) Debarred for granting quasi-permanancy as there is requirement of 3 years service and there is short of 3 years service due to break in service. As there is no quasi-permanacy at present , this is third disability has no meaning.

Tips for representation/appeal against FR-17A:

At present the appointing authority may condone the FR-17A and so representation may be submitted to him. Show-cause notice is to served on the Govt employee before imposing FR-17A. If there is show-cause notice, FR-17A is illegal, invalid and it may be cancelled.

In Tamluk Dn FR-17A was imposed on the Govt Employees in 1982 for participation in a Bharat Bandah. The same was cancelled for want of show cause notice. FR-17A was also imposed on ED employees. FR-17A on ED Employees was cancelled as FR-17A can not be imposed on ED employees .

It is separate from FR-17A. For unauthorized absence, dies-non is imposed on a Govt Servant under Rule-62 of Postal Man Vol.III. No pay and allowances are granted for dies-non and the days of dies-non is not counted as service.

Tips for representation/appeal against dies-non:

Dies-non can be imposed by the appointing authority. There should be show-cause notice before imposing the dies-non ( there is CAT orders). In representation/appeal, the aforesaid points may be raised. In case of absence for duty for compelling circumstances, the Govt servant communicate his absence by quickest possible means to the controlling authority ( at present by telephone /mobile phone) as per rule-162 of Postal Man Vol-III. This point may be mentioned in the representation/appeal to the competent authority. Appeal lies to the higher authority of the appointing authority.

One of five minor penalty or one of five major penalty as mentioned in Rule-11 of CCS(CCA) Rules 1965 for good and sufficient reasons may be imposed on a Govt servant. An additional penalty may be imposed with the penalty of recovery of Govt loss ( whole or part) form the pay of Govt servant.

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