Delhi HC upholds Disciplinary Proceedings Initiated  against Joint Controller General of Accounts (Administration) [Read Order]

The Delhi High Court upheld the order initiating disciplinary proceedings against Madan Mohan, a Joint Controller General of Accounts (Administration). The bench determined that the Office Order dated 3 April 2018 was entirely lawful because it only included an internal work allocation exercise by the MOF under his Ministry.

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On July 5, 2018, the Joint Controller General of Accounts (Vigilance), acting by order and in the name of the President of India, issued a charge sheet against Madan Mohan, the petitioner, who is a member of the Indian Civil Accounts Service, proposing to conduct a disciplinary investigation against him in accordance with Rule 14 of the Central Civil Services (Classification, Control, and Appeal) Rules, 1965.

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The petitioner's tenure as Joint Controller General of Accounts (Administration) in the Controller General of Accounts2 office was the subject of the charges in the charge sheet.  It is not essential to mention the charges against the petitioner for the purposes of this ruling, given the narrow grounds he raised.

 Prior to being sent to the petitioner, the charge sheet dated July 5, 2018, was authorized by the Minister of State (Finance)3 based on the Office Order dated April 3, 2018, which was issued by the Joint Secretary to the Government of India in the Department of Expenditure.

Joint Controller General of Accounts (Administration)  contested the chargesheet and office order, arguing that the Office Order dated 3 April 2018 was unlawful to the extent that it allowed the Minister of State (Finance) (MOS) to initiate disciplinary proceedings against Group A officers, including the petitioner, and that the Union Minister of Finance (MOF) was his disciplinary authority as a Group A ICAS Officer.

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According to the division bench of Justices C. Hari Shankar and Anoop Kumar Mendiratta, the petitioner's argument that the Office Order of April 3, 2018, is unlawful to the degree that it assigns the Ministry of Finance's disciplinary cases to the MOS, is misguided. This exercise does not entail any sub-delegation of labor.  Only the MOS has been given responsibility for handling all disciplinary complaints, including those involving Group A personnel, by the MOF.  The MOS does not function as a representative of the MOF, nor is this sub-delegation.

The bench determined that the Office Order dated 3 April 2018 was entirely lawful because it only included an internal work allocation exercise by the MOF under his Ministry.

To Read the full text of the Order CLICK HERE

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