Union Of India & Ors vs B.V.Gopinath on 5 September, 2013
This is evident from bare reading of Rule 13(2) of the Rules. If interpretation canvassed by counsel for the applicant that only the disciplinary authority competent to impose major penalty is the competent authority to issue charge-sheet as well, is accepted, then Rule 13(2) of the Rules would become redundant. No such interpretation can be accepted. Judgment in the case of B.V. Gopinath (supra) does not help the applicant in the instant case. This judgment simply lays down that when decision to initiate disciplinary proceedings for major penalty is taken by the Disciplinary Authority competent to impose major penalty on the delinquent, then charge-sheet also has to be approved by the same Disciplinary Authority. In the instant case, decision to initiate disciplinary proceedings for major penalty against the applicant was taken by respondent no. 5 and not by respondent no. 3. Consequently, approval of respondent no. 3 for the impugned charge-sheets was also not required in view of Rule 13(2) of the Rules.