letter addressed to the CVC regarding consultation with CVC and
making available a copy of the CVC advice to the charged officer. In the
reply ... stipulated that the
matter regarding consultation with CVC and making available a copy of
the CVC advice was extensively discussed in the meeting of CVOs
asked for second stage advice. There were some more correspondence. The advice given by DG (Vig.) to CVC is not on record. CVCs second stage ... note. The Disciplinary Authority has an option to seek reconsideration of CVC advice. No reply has been received from the office of DG (Vig.) regarding
filed in all these three OAs indicates that CVC was consulted. A copy of the CVC advice and the stage at which they were consulted ... decision on merits and uninfluenced by advice of CVC. A copy of the CVC advice shall also be made available. The advice of UPSC
decided to issue him warning but sought CVC advice to reconsider the earlier advice. The CVC reiterated its stand. This tentative decision was taken ... advice of the CVC, such decision cannot termed as independent but will be tainted decision influenced by the CVC advice. This is the position
which the CVC advised minor penalty proceedings against her are wrong.
(2) There is inconsistency between the allegations in CVC advice and the charges made ... Imputation) which was not at all considered by the CVC, as evident from the CVC advice memo. Thus, the CVC advice of minor penalty
referred to the CVC, and the charge sheet would be issued to
the appellant on receipt of the CVC’s advice. The relevant
extract ... CVC’s first-stage advice was sought on 17 th
May 2019. Notably, the advice was sought from the CVC nine
Civil Appeal
void
ab initio. In support of his contention that the CVC‟s advice was
binding on the Sanctioning Authority, he places reliance on the
decisions ... binding mandate on
the Sanctioning Authority. In fact, if the CVC‟s repeated advice is
permitted to be ignored, it will frustrate the very object
CVC. In fact, the CMD and CVO made a presentation before the
CVC to emphasize the proposal for reconsideration of CVC
advice. Such presentation ... recent
circular dated August 06, 2020, the CVC makes it clear that CVC
can reconsider its advice only within one month and that too only
taken depending on the CVC advice. The fact that NII did
not seek First Stage Advice from CVC, cannot even otherwise
benefit the Petitioner ... sufficient reasons
can ignore the said advice though normally it will go by
the advice of the CVC. It is felt that the learned Tribunal
Disciplinary Authority, i.e.,
CEO of DUSIB, relying upon the CVC advice, and disagreeing with the
inquiry report, proved charges against the petitioner and issued ... CVC advice, as per DoPT OM of
2000, is not binding on the Disciplinary Authority. However, in the
instant case, the advice of CVC
