Legal Question in Administrative Law in India

whether a disciplinary authority in Central Govt PSU possess disciplinary powers to initiate departmental action against the official working under him for the alleged violation of departmental rules outside the work place premises without any direction from the local administration or police? In such a case, can the official can seek for the powers vested to the disciplinary authority to initiate departmental action for such lapses those alleged to have occurred outside office?


Asked on 3/01/14, 7:41 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.03.2014

Dear Sir / Madam,

Please read as follows :

SEBI Notification No. LAD-NRO/GN/2013-14/37/50 dated 09th January, 2014 - Securities and Exchange Board of India (Settlement of Administrative and Civil Proceedings) Regulations, 2014

SEBI has notified the aforesaid regulations w.e.f 09th January, 2014 to provide for the terms of settlement and the procedure of settlement and matters connected therewith or incidental thereto. These regulations provide for guiding factors for dealing with the settlement process, while serious offences such as insider trading are excluded from the scope of settlement. As against the earlier settlement provisions, the list of violations that cannot be settled have been expanded widely under the new norms, which also provide for the involved entity to file settlement plea within 60 days of the show cause notice served by SEBI.

For complete text of these regulations, please refer the link

http://www.sebi.gov.in/cms/sebi_data/attachdocs/1389329695211.pdf

Regards,

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Answered on 3/01/14, 10:19 pm


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