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Centre's plea on action against AGMUT cadre officers: HC seeks IAS officer's response

Press Trust of India  |  New Delhi 

The has sought the response of an on a plea moved by the Centre, claiming that it was unable to take disciplinary action against the bureaucrats of the AGMUT cadre, due to an order of the (CAT) that neither the nor the (JCA) was the competent authority to act against them.

The CAT, in a March 22 order, had said the government of the state, where such an was serving, was the competent authority to take disciplinary action and impose penalty on him. However, the JCA had to be consulted if penalty was to be imposed, the tribunal had added.

The cadre comprises the IAS officers serving in Arunachal Pradesh, Goa, and other Union Territories (AGMUT).

The order had come on a plea moved by AGMUT cadre Padma Jaiswal, challenging the disciplinary proceedings initiated against her by the (MHA) and its subsequent order removing her from service.

A bench of justices and has sought Jaiswal's response on a plea moved through the Centre's standing counsel, Arun Bhardwaj, and listed the matter for further hearing on November 20.

In its petition, the Centre has claimed that due to the order, it will not be possible to take disciplinary action against the IAS officers of the AGMUT cadre.

The had, on March 22, quashed the proceedings and the subsequent actions against Jaiswal.

The tribunal had said the JCA "did not have the legal sanction to act as the disciplinary authority or impose penalty" and the MHA, which was not an authorised delegatee of the president, also did not have the legal authority to initiate such proceedings.

"Imposition of penalty is a serious matter and should not be exercised by any person or authority without the sanction of law. Penalty has serious repercussions and affects the statutory rights of a government servant with civil consequences.

"We are of the considered opinion that the is not an authorised delegatee of the and has no authority of law to initiate disciplinary proceedings. The disciplinary proceedings have not been initiated by the competent authority and thus, all subsequent proceedings are rendered vitiated," the tribunal had said.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Sun, July 08 2018. 16:55 IST