Regaring discplinary authority
1. That I was initially appointed as an Examiner (SK) and joined in service on 28th April 1997 under the control of Senior Quality Assurance Officer, Senior Quality Assurance Establishment (Armament) Badmal, Balangir, Odisha which is being controlled by Director General Quality Assurance, Department of Defence Production, Govt of India, Min of Defence.
2. In between Vide letter No. HQ DGQAS A/99728/MC/DGQA/ADM-10 dt.23.11.2005 I was placement to the grade of Master Craftsman in Armament discipline and the order of placement was signed Dy Director / Adm-10 on behalf of Directorate General of Quality Assurance.
Copy of the said placement order dated 23 Nov 05 is enclosed here with and marked as Annexure-02.
3. In pursuance to the above Annexure-02 I was communicated by SQAO through vide DO Part-II No.69/IE’s dt.02.01.2006 that I was place in the grade of Master Craftsman.
Copy of the said commutation letter is enclosed herewith and marked as Annexure-03.
4. That, as per CCS (CCA) Rule Part V of the Schedule Civil post in Defence Services for Group ’C’ and ‘D’ post of Director General of Inspection (Now Directorate General of Quality Assurance) the appointing Authority is Director General Inspection (Now Director General of Quality Assurance) and authority competent to impose all penalties envisaged in Rule -11 is Director General of Quality Assurance (Ref Page 7 point (ix).
Extract copy of the Part V of the schedule is enclosed herewith and marked as Annexure-04.
5. However, the Director General of Inspection (Now Directorate General of Quality Assurance) who is the original statutory appointing authority has preferred to delegate the powers of Appointing Authority i.e Rule 9 (1) vested in him vide letter No24080/DGQA/(Vig Cell) dated 8 Jun 2001.
Copy of the said delegation letter dated 8 Jun 2001 is enclosed here with and marked as Annexure-05.
6. That, I hold the post of Master Craftsman which is Group “C” General Central Service.
Copy of said SRO which reflect the General Central Service is enclosed herewith and marked as Annexure-06.
7. That, the sub-delegation of power of appointing authority Rule 9 (1) vides Annexure-05 not on behalf of the special or general order of the president. Moreover Annexure-05 is specified delegation of power of appointing authority under CCS(CCA) Rule 1965 but Annexure 02 neither contains regarding the delegation of disciplinary authority power nor regarding the Rule-12.
In view of the above it is requested to give a legitimate opinion in the following points
1. Who is my disciplinary authority for Master craftsman?
2. In case of General central service group “C” post whether delegation of power of disciplinary authority Vide Annexure-05 can be applicable.
3. Whether Annexure-05 speaks only about delegation of appointing or disciplinary authority or both.