Are Presenting Officers in Disciplinary Cases Overstepping Without Proper Approval?

Duties of the Presenting Officer in Disciplinary Cases

The duties of the presenting officer are well known in every disciplinary case. However, it's true that the presenting officer cannot make suo-moto decisions unless they are approved by the disciplinary authority. This fact is reiterated in various manuals and handbooks developed by different departments such as MHRD, Hyderabad, the Handbook on Disciplinary Proceedings designed by the A.P. Vigilance Commission, the Handbook for Inquiry Authorities and Disciplinary Authorities developed by DOPT, GOI, the Regional Training Center, Sardar Patel of Public Administration, Ahmedabad, and several others.

Lack of Emphasis in CCA Rules

Surprisingly, this requirement is not emphasized anywhere in the A.P. CCA Rules, 1991, or the Central CCA Rules, 1965. Therefore, is there any notification from either the Central Government or the A.P. State Government that states "every action of the presenting officer in disciplinary matters should be with the approval of the disciplinary authority"? Additionally, are there any decisions from the High Courts or the Apex Court of India available on this matter?

In the context of the duties of the presenting officer in disciplinary cases, it is a fundamental principle that the presenting officer should not take independent decisions but should act with the approval of the disciplinary authority. While the Central CCA Rules, 1965, and the A.P. CCA Rules, 1991, might not explicitly state this requirement, it is commonly understood through various manuals and handbooks as mentioned. However, to find specific notifications or legal references mandating this practice, it would be advisable to refer to case laws, government notifications, or legal interpretations. High Court or Supreme Court judgments may also provide clarity on the presenting officer's role and the necessity of obtaining approval from the disciplinary authority before taking actions in disciplinary matters. It is recommended to consult legal experts or relevant authorities for precise information on this aspect within the Indian legal framework.