Thanks for the replies. The question hasn't been answer completely is my correct/incorrect observation. Some questions remain -
1. How can one judge whilst formulating a chargesheet, whether the punishment will be minor or major ? That's a lacuna in our system. IMHO, the award of a penalty is the last step after all enquiry has been FAIRLY conducted within the Principles of Natural Justice. Thus the question remain, how can a Enquiry Officer or a Disciplinary Authority frame a chargesheet (i.e. whether it should be 48 Hrs or 7 days or in other words Minor or Major Penalty Chargesheet) when the enquiry itself hasn't been conducted and no report has been submitted.
2. Again, IMO, like many of you have rightly said, its up to the Disciplinary Authority to conduct the Disciplinary proceedings. In that case, the DA might even decide to quash the proceedings if he so thinks in the interest of justice without it completing the complete cycle upto the punishment stage. Infact, I think, that this is one of the power bestowed upon the DA. But here, one fact remains - whether the DA decides on a punishment (and also the quantum of punishment) or decides against it - the REASON got be recorded in WRITING.
3. This is the most important Question. What are the circumstances under which a DA might decide to quash the proceedings or take a lenient view, though, he might have seen the Misconduct initially in the category of a Major Punishment ? Your views are solicited here.
One easy answer would be past experience - but then if its a 1st time simple offense, one is usually let off with a Warning or Censure. But again, isn't the DA smart enough, to have thought and given time on the issue whilst issuing a C/S rather than reacting in the heat of the moment ? Also, in my Co, C/S is usually preceded by a number of warnings and Advisory letters including Counseling for the misconduct of Habitual Absenteeism. So, the question remains, why should there be a change of heart later on ?
There is also the issue of equitable justice here, if one is let off for whatever reason - then all DAs should do the same in similar circumstances with others too. Secondly, it should not be construed as a weakness/partiality leading to more indiscipline in future.
Your views are solicited. Thanks & Regards