Can a disciplinary authority issue any order on a non-working day and whether these are enforceable? – CIC: there are no such orders that the disciplinary authority cannot issue orders on a non-working day and the orders issued are very much enforceable
23 Sep, 2013Information sought:
1- Can a Divisional Head may open his office and carry out the function on Saturday? (i.e. administrative holiday).
2- Can the Divisional Head may decide the Disciplinary case on Saturday (Holiday) and issue order on the same day?
3- Is the order issued on holiday is valid as far as disciplinary process is concerned? (with proof)
4- Is the order issued on dates of holiday is enforceable?
Grounds for the Second Appeal: The appellant has not been furnished the satisfactory information. Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. A. A. Khan through VC
Respondent: Mr. S P Vyavahare CPIO through VC The appellant stated that he wants to know whether a disciplinary authority can issue any order on a non-working day and whether these are enforceable. The CPIO stated that there are no such orders that the disciplinary authority cannot issue orders on a non-working day and the orders issued are very much enforceable.
Decision notice:
The information has been provided to the appellant. The matter is closed.
BASANT SETH
Information Commissioner
Citation: Mr. A. A. Khan v. Department of Post in File No.CIC/BS/A/2012/001353/2945