Disciplinary matter
Sir,
I filed an OA in CAT consequent upon termination challenging primarily on competency of Disciplinary authority and Appellate authority. I made my appointing authority as 1st party and Secretary Administrative Ministry as 2nd party.
As my OA was basically centered on violation of clause mentioned in my appointment letter, which was signed by my appointing authority, I considered it proper to array only my appointing authority and have not made Disciplinary Authority or any others as a party, reason being that my appointing authority holds responsibility to ensure compliance of my service condition.
In order to delay justice, the respondent conveyed Tribunal that OA is not proper as it has not made DA as party and Hon’ble Judge advised me to make DA as party. Request legal clarification on :-
1) Am I need to implede Disciplinary Authority also, as my OA was on violation of my service condition by appointing authority (1st party)
2) Even, if I made DA as party, with ulterior motive of delay, opposite party may ask me again to implede Inquiry officer, Presenting Officer, witness, etc. So will it be proper to go by direction of CAT and make DA as party or to request for Review of decision.
3) DA is no more in service. The post is vacant. Am I need to send to office address or residential address.
Nagesh Singh