The term disciplinary
authorities is applied to such authorities who have been entrusted
with powers to impose any penalty on the employees. The term disciplinary
authority is defined in rule 2(g) of CCA Rules as the authority competent to impose
on a govt. servant any of the penalties specified in rule 11. Appointing
authorities are empowered to impose major penalties. It may be recalled that
article 311 clause (1) provides that no one can be dismissed or removed from
service by an authority sub-ordinate to the authority which appointed him.
Appointing authorities happen to be disciplinary authorities. CCA Rules 2(a)
lays down the procedures for determining the appointing authority. The appointing authority or disciplinary
authorities can not be changed retrospectively.
As
per the Inspectors of Central Excise recruitment rules ”the
appointing authority" in relation to Inspector grade means the
authority empowered under the Central Civil Services (Classification, Control
and Appeal) Rules, 1965, to make appointments to that grade. Similarly as
per the Superintendents of Central Excise Recruitment Rules “the
appointing authority" in relation to Superintendent grade means
the authority empowered under the Central Civil Services (Classification,
Control and Appeal) Rules, 1965, to make appointments to that
grade. As per these rules , Commissioner of Central Excise
(CCA) is the proper authority which is empowered under the Central
Civil Services (Classification, Control and Appeal) Rules, 1965, to make
appointments to both the grades of Inspector & Superintendent .
There is no provisions under such rule for delegation of powers to subordinate
or exercise of power by higher
officials. Hence Commissioner (CCA) is
the only competent person to appoint both Inspector and Superintendent .
Neither Board nor DG/HRD are empowered under the Central Civil Services
(Classification, Control and Appeal) Rules, 1965 to make appointments to the
Grades of Inspector & Superintendent . Since Commissioner (CCA) is the
competent authority for appointment of Superintendents, he is also
competent to prepare seniority list of Inspectors working under his
jurisdiction to grant promotions to the grade of Superintendent on zonal basis
as per the provisions of RR as he is the appointing authority for the post of
Superintendent. Board is not authorised to prepare a
unified seniority list of Inspectors of Central Excise on all India basis
unless the Central Civil Services (Classification, Control and Appeal) Rules,
1965 is amended suitably . Since appointments have
already been made and promotions have already been granted, these rules can not
be amended retrospectively. Since the Union Govt.( through CBEC) is
competent for appointment of AC as per Gr-A RR, CBEC is preparing the seniority
list of feeder categories ( including Superintendent of Central Excise )on all
India basis to grant promotions to the post of AC. Under the Central Civil
Services (Classification, Control and Appeal) Rules, 1965, Chief
Commissioners/CBEC are the appellate /revision authority respectively for
the grade of Superintendent. Appellate authority can not exercise the
power of adjudicating authority. Example Commissioner ( Appeal ) can not
adjudicate any case which are empowered for adjudication by Commissioner or
by any subordinate to Commissioner . The Central Civil Services
(Classification, Control and Appeal) Rules, 1965 also provides different
provisions pertaining to vigilance, accounts and other service
matters, there is not a single instance for amendment of the same
retrospectively. The Authority of such rules at present is DOPT. There is
also a provision of direct recruitment in the Superintendent of Central
Excise Recruitment Rules to recruit Supdt. (Expert), hence the seniority
list of Superintendents can not be re-arranged with
reference to the date of joining in feeder post.