1. An employee was promoted to the post of Law Assistant in the year 1996 after the approval of pannal by SDGM. He was also promoted & posted on the post of Law Assistant after approval of the SDGM . Though as per schedule of powers, the J.A. grade officer was empowered to make appointment to the said post. Kindly advice who will be the appointing Authority for removing from service to the said employee.
2. As per Railway Board order No. 92E(CC)12- 29(98) dated 12-5-93
Sub: Cader control of Gazetted officers/ staff of the Legal cells of the Zonal Railways/ production Units.
"2. in supersession of any instruction on the subject mentioned above ,It has been decided by the Board that the SDGM will be the Cader Controlling Authority for all Gazetted officers and group 'C" staff of the legal cells including those working in the personnel Department or the commmercial department or any other department. In the case of CLW,DLW,ICF. WAP and RCF the General Manager and in the case of DCw/Patiala, The Chief Adminuistrative officer will be the cader controlling authority."
"4 where the officers/ staff of legal cells are posted in the Personnel or Commercial department, the day to day functional control will be exercised by the CPO or CCM or the PHOD of the deparmen."
In the light of above circular Kindly advice if the employee at the time of initiating DAR action- which authority having administrative conrol over the Delinquent Employee.
4. It is well settelled principle that every railway employee belongs to a particular Deprtmet & the D&AR action should be initiated & finallised by the authority having Administrative control over the D.E.
3.Kindly quote the circulars / judgments of the courts regrding the" Administrative control " over the employee.