The Central Administrative Tribunal (CAT) has refused to give relief to a former civil servant against whom a disciplinary proceeding was initiated for the alleged misconduct during his posting in Debts Recovery Tribunal (DRT).
The CAT said Central Civil Services Rules was applicable to an officer for his misconduct even if he held a post as constitutional functionary or statutory authority in other government departments.
Former Additional Government Counsel of the Centre, Vijay K Verma, had challenged the initiation of inquiry proceedings under the rules saying the department lacked jurisdiction as during the period of alleged misconduct he was posted in the DRT which is governed by the Debts Recovery Tribunal Act.
The Tribunal, however, made it clear that there is nothing illegal in initiating inquiry proceeding against an official when he reverted to the parent department after completing his tenure in other department and he had some years of service left with him.
"It may be possible not to take any action against a person for misconduct committed during currency of his tenure as constitutional functionary or statutory authority after he completes his term, but if he may revert to the post held by him prior to such assignment, naturally if he is left with some years of service, then there would be no embargo to take action against him," the CAT said.