Document Fragment View
Fragment Information
Showing contexts for: gfr violation in K.K.S.Sirohi & Anr. vs Union Of India & Ors. on 3 July, 2013Matching Fragments
The documents submitted by Shri K.K.S. Sirohi on 30.9.2008 and marked as D-1 to D-18 are also taken on record.
The Presenting Officer was asked about the specific rule of GFR that has been violated by the charged officer. The Presenting Officer submitted as under:
The question was raised by Shri K.K.S. Sirohi and has been addressed in the Inquiry report (2nd last para) stating that "However, in my opinion mentioning of incorrect provision/ rule during inquiry or absence of specific rule in the charge sheet does not in any way lessen the gravity of charge. However, PO is of the view that they have violated the standard principles of financial propriety mentioned in the Govt. of India decision below 6 of GFR" (Swamy Compilation of General Financial Rules 2000 Edition) which are reproduced below:-
On being asked about the specific rule of GFR that has been violated, he submitted that he submitted that no specific rule exist, however, CO has violated above principle of financial propriety.
As the Presenting Officer is not in a position to clearly specify the rule of GFR that has been violated by the charged officer, he may seek necessary instructions in this regard and the matter may be referred back to the Disciplinary Authority to specify the rule of GFR, if any, that has been violated by the charged officer.
11. A perusal of the aforesaid order would reveal that the documents submitted by petitioner Mr.K.K.S.Sirohi have been marked as D-1 to D-18 and are taken on record. Since the charge sheet did not mention which GFR Rule was violated, the Inquiry Officer has asked the Presenting Officer as to which Rule was violated and has recorded that the Presenting Officer is not in a position to clearly specify the Rule which has been violated.
12. The next date notified was September 25, 2012. Before said date the Original Applications were filed and the Tribunal directed the inquiry proceedings to be kept in abeyance. No proceedings were held by the Inquiry Officer till when the Original Applications were disposed of on March 19, 2013.