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10. Ms. Jaising further submitted that Office Order No. 205 of 2005 has been misread by the Courts below. She points out that to appreciate the true purport of the said office order, a careful consideration needs to be given to the safeguards available to a delinquent officer under the Constitution of India and the CCS (CCA) Rules. Learned ASG then submitted that Article 311 provides for two safeguards for the delinquent officer: (i) the officer cannot be dismissed or removed by the authority subordinate to the appointing authority of the officer concerned [Article 311(1)]; and (ii) the dismissal or removal can only be effected after an enquiry in which the official has been informed of the charges against him and is given a reasonable opportunity to be heard in respect of those charges [Article 311(2)]. She submits that in the present case, none of the two safeguards have been violated. She has elaborated that the disciplinary proceedings were initiated against the respondent in terms of Rule 14 of CCS (CCA) Rules, which prescribed the procedure for imposing major penalty. Relying on Rule 14(3), she again drew our attention to the expression that the disciplinary authority shall draw up or cause to be drawn up the substance of imputation of misconduct or misbehaviour into definite and distinct articles of charge. She submitted that the entire procedure under Rule 14(3) has been followed. Under Rule 14(4) again disciplinary authority is required to either deliver or cause to be delivered to the Government servant a copy of the articles of charge. This was also admittedly followed in the present proceeding. She reiterated that a plain reading of Rule 14(3) would show that it permits the disciplinary authority to cause the charge memo to be drawn up by a subordinate authority.

17. Lastly, it was submitted that the appellants, out of abundant caution, have now amended the procedure and seek the approval of the Finance Minister for charge memo.

Respondents’ Submissions:

18. Mr. P.S. Patwalia, learned senior counsel, submitted that provisions of CCS (CCA) Rules 1965 are applicable to the respondent, an officer of Indian Revenue Service. And that since the charge sheet that was issued to him contemplated a major penalty, Rule 14 of CCS (CCA) Rules is attracted. Reliance was placed upon Registrar of Cooperative Society Vs. F.X. Fernando, (supra) to contend that the CCS (CCA) Rules require a strict compliance. It was further submitted that it is an admitted fact that the Disciplinary Authority has not approved the charge sheet.

26. Similar submissions were also reiterated by Mr. Brijender Chahar, learned senior advocate. Besides, learned senior counsel submitted that the fact that respondent in SLP (Civil) No. 26939 of 2011 belongs to Indian Revenue Service would concomitantly mean that the President of India is the appointing authority and thereby, Disciplinary Authority in his case. However, the said power of the President has been delegated under Article 77 (3) of the Constitution and by the order of the President dated 14th January, 1961 under the Government of India (Allocation of Business) Rules, to the Finance Minister. Thus, the Finance Minister acts as the Disciplinary authority for the purposes of Article 311 of the Constitution and Rule 14 of CCS (CCA) Rules. Therefore, the Finance Minister, himself, has to apply his mind and give approval inter alia to the charge sheet. It was further submitted that matters pertaining to any such disciplinary action cannot be further delegated or sub-delegated to any other authority as the President has delegated this authority only to the Finance Minister.

27. Relying on Rule 14 of CCS (CCA) Rules, learned senior counsel submitted that the rule contemplates a detailed procedure, consisting of four stages, which has to be completed before any punishment can be imposed on a public servant. These steps are :

i) Initiation of Disciplinary proceedings for major penalties;
ii) drawing up of charges of misconduct;