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APPLICABILITY (Rule-3) -- To every Govt Servant and civilian Govt Servant in Defence Services Not applicable to – Railway G.S. Member of All India Service Person in casual employment Person who could be discharged from service –less than one months notice
Any person covered by special provision President can exclude any any class of Govt Servants by order
Penalties - Good and Sufficient Reasons-Rule -11
– Censure – Withholding of promotion – Recovery, whole or part of pecuniary loss by negligence or breach of orders – Reduction to a lower stage - by one stage - not more than 3 years - without cumulative effect - no adverse affect on pension – Withholding of increments of pay
– Reduction to a lower stage for a specified period, with directions whether or not he will earned increments during the period of reduction and whether on expiry of such period the reduction will or will not have effect of postponing future increments of pay – Reduction to a lower time scale, grade, post, ordinarily bar to promotion to post from which reduced. This to be with or without directions regarding conditions for restoration, seniority and pay on such restoration
Removal (not a disqualification for future employment under Govt) Dismissal (Ordinarily a disqualification for future employment under Govt)
accepting gratification. recorded in writing any other penalty . Proviso – Assets disproportionate.Contd.. Special reason. doing official act – if established – removal or dismissal to be imposed – Exceptional Case.
Communicate. Keep in personal file. No direct financial effect Indirect adverse effect if promotion withheld or postponed .EFFECTS OF PENALTY CENSURE-formal and public act to convey guilt for a blameworthy act Warning is an administrative action. If necessary to keep in APAR Dossier.
Contd/- Post disciplinary proceedings-if some blame .atleast censure be awarded A mere censure no bar for promotion since entire record considered and if he otherwise has a good record he is saved from adverse effect of censure .
There is bound to be financial loss due to delayed promotion .Note that no purpose in this penalty if the person not within zone of consideration .Right to be considered exists but promotion only after penalty over .Contd/- WIDHHOLDING OF PROMOTION .
Contd/- RECOVERY FROM PAY -Only effect is loss of pay due to recovery -No other effect -Purpose is to recover loss and to punish -Recovery commensurate with loss attributable to him and not to impair his future .
Contd/--Recovery could be spread over -Could even be prosecuted in a criminal court if misconduct involves punishable offence .
within time scale and hence not below minimum .entitled to normal pay on expiry of period of penalty – entitled otherwise .Contd/- REDUCTION TO LOWER STAGE IN TIME SCALE .period of reduction limited-3 years .draws normal increments during period of reduction .
loss severe and recurring . period of penalty excluded for ever .Contd/- WITHHOLDING OF INCREMENTS -FR-24. increment allowed unless withheld -With or without cumulative effect -If with CE.
Contd/- During currency of the punishment promotion not permissible REDUCTION TO LOWER STAGE -full enquiry must -for specified period -reduction to any lower stage in time scale but not below minimum .
Contd/-.whether reduction will have effect of postponing future increments and to what extent .Authority to indicate whether normal increments allowed during period of punishment .
Contd-- REDUCTION TO LOWER TIME SCALE --IMPOSED FOR SPECIFIED PERIOD --Period to be indicated-for reduction --seniority on restoration --whether on restoration the period of reduction shall postpone future increments and to what extent .
Contd/-- Compulsory Retirement --allowed proportionate pension based on service rendered --no bar for reemployment --right to leave preparatory to retirement forfeited --pension or gratuity or both may be reduced .
Contd/- --reduction not to exceed one –third of full compensation pension or gratuity or both --leave encashment allowed .
Contd/- REMOVAL OR DISMISSAL --forfeiture of retirement benefits --compassionate allowance not more than two third of compensation pension or gratuity or both admissible .
All .President Competent Authority for Penalties--.Disciplinary Authority-DA Rule-2(g) Authority competent to impose on G. 2.any penalty on G.S. any penalty specified in Rule-11 DA has full control over employees Rule 12 indicates the D As 1.President Which Penalties --. President . A A or Authority in Schedule or any other Authority empowered by general or special order of President ASSTT Grade of CSS-AA --. S.
Process of Disciplinary Proceedings Preliminary Enquiry intimation –commission –offence collection of facts may or may not associated even ex parte evidence collected GS may be given opportunity on allegations-further investigation unnecessary .
fact finding nature .decide based on report and preliminary evidences if a prima facie case made outcertain offence-misconduct-misbehaviordereliction of duty .Contd--.to decide whether GS guilty or not .not to express definite opinion .prima facie case for criminal or civil .
honesty.Contd--. integrity and devotion to duty .action can also be taken outside sphere of official duties if reflecting on hisreputation for good faith.
to decide whether proceedings under Rule 14 or Rule 16-seriousness of misconduct and character of CO considered .Contd/- Initiation of proceedings .Major Penalty appropriate in cases involving .decision taken for formal disciplinary proceedings .
distinct lack of character moral turpitude failure to maintain integrity .Contd-gross irregularity or negligence misuse of official position disclosure of confidential information false claims.
To decide now itself if to place GS under suspension pending disciplinary proceedings .Contd-- Suspension .
grounds for action to be reduced to form of definite articles of charge .Contd/-- Appropriate disciplinary authority in major penalty proceedings-to be checked Minor Penalties Procedure .inform GS in writing of proposal for action .providing statement of imputations of misconduct or misbehavior –giving reasonable time .
precise and specific Quote the rule which has been violated Not necessary to give facility to inspect records-where it is main ground –denial may handicap-merits considered by DA DA to consider everything and decide –allegations proved or not .Contd/- Charge clear.
Contd- If elements of major penalty then full inquiry must-withhold incrementsand affecting pension. withholding increments for more than 3 years. withholding with cumulative effect .
Contd/- Major Penalty— Article 311(2) Charge sheet accompanied by statement of articles of charge. statement of imputations of misconduct or misbehaviour in support of articles of charge. list of documents to substantiate articles of charge and list of witnesses to substantiate .
Contd/- Unqualified apology DA to avoid being IO Appoint IO Nominate PO to present the case on behalf of DA .
Contd/- Inquiry DA to send all documents to IO IO-notice to CO Asked whether admits If no-formal enquiry starts Dally order sheet maintained Reasonable opportunity to both parties Principles of natural justice .
Ex parte enquiry Does not submit written defence Fails to comply with rules Does not appear before IO .
Report of IO Based on evidence Record reasoned conclusions whether charges proved or not Findings of DA---Report assists DA to conclude If disagrees on any point-record it Give report to Co with tentative reasons for disagreement – to enable represent .
Contd— Final Orders Decision of DA is judicial .
Charge Sheet It is prima facie proven essence of allegations Purpose to inform person of charges so that to reply and defend If not. the circumstances. document and oral evidence – person handicapped in defense Proper Charge Sheet before regular inquiry .
Asking to file written statement if any. desired to be heard in person and time limit for reply .Contents Substance of misconduct – definite and distinct articles of charge Statement of misbehavior in support of each article of charge – all relevant facts including admission by person concerned List of documents and List of witnessed by whom the charges proposed to be sustained Reasonable time to reply.
– DA can hold inquiry but general practice is for an impartial officer to do it and submitted to DA – Appointed after reply to charge sheet – not satisfactory – Prosecutor can not be a judge – Not subject to directions and control of DA – Impartial and free from bias – Witness cannot be I.O.O. – Writing adverse CR no indication of bias – Representation against I. possible – Role for bringing out correct facts as per procedure and conduct an impartial hearing to C. knowledge of rules and procedure – Higher in rank then C.Functionaries I. .O.O.O.
O.O. statement of defense. Defence can also ask for the same DA to appoint DA to provide all papers like article of charge. evidence of delivery of charge sheet and appointment order in respect of I. to reach truth by presenting the case of DA in correct prospective . statement of witness.O. in support of charges Normally officer of organisation.Presenting Officer To present the case before I. Role is to help the I. familiar with subject and handling inquiries Legal person can be appointed if rules allow.
O. can take DA from any employee Not more than 3 cases on hand Retired employee can assist Should take permission of his controlling authority.Defence Assistant C. If problem. another DA can be taken .
Innocent Mistake and error of judgment not misconduct Violation of express or implied condition of service is misconduct Vandalism under liquor Assets disproportionate to known sources of income . ill motive.Misconduct Negligence.
public interest AA can suspend or other permitted.Suspension Temporary deprivation of office Master servant relationship continuous Subsistence allowance given Not penalty – interim order – functions and privileges under abeyance No loss of rank Continuous subject to same discipline Cannot engage in other employment because subject to conduct rules Cannot be ask to do duty Administrative action. .
DISPROPOTIONATE ASSETS. CORRUPTION.SUSPENSION RELATED WHEN 1. OFFENCE OR MISCONDUCTMORAL TURPITUDE 2. ISAPPROPRIATION. SERIOUS NEGLIGENCE – . MISUSE OF OFFICIAL POWER FOR OFFICIAL GAIN 3.
Contd/-- DESERTION OF DUTY REFUSAL OR DELIBERATE FAILURE TO CARRY OUT WRITTEN ORDERS OF SUPERIOR OFFICERS .
SEVEN YEARS OF MARRIAGE—DEEMED SUSPENSION SUSPENSION AND CHANGE OF HQ .SUSPENSION DOWRY DEATH. DOWRY.
Resignation-see the merits Public interest No moral turpitude or evidence not strong – leading to conclusion that removal or dismissal will follow-or protractedresignation be accepted . HQ-permission to leave HQ Station of posting before suspension is the HQ Change –grounds of public interest 2.Factors Concerning Suspension 1.
Leave encashment-if retired before termination of depttal or court proceedings-may withhold whole or part of cash equivalent of earned leave-if chance of some recovery due . No gratuity until conclusion 5. Retirement-provisional pension.Contd/-3. Leave-FR55-leave prohibited 4.
Entire period between date of suspension and date of death treated as duty for all purpose 6. Death-proceedings terminate.Contd/-5. Promotion/Confirmation – – Suitability will be considered – Assessment and grading in sealed cover – If free sealed cover to be opened and date of promotion to be determine reference to position as per sealed cover and date of promotion of next junior – If necessary junior post officiating person reverted – If penalized sealed cover finding ignored and promotion case will be considered by next DPC .
first three month such allowance equal to leave salary as if on half pay – Review. Departmental examination – Allowed. promotion after expiry of penalty (other than censure) 8.No 9. Subsistence allowance – FR/53. Forwarding of application . Promoted when proceedings over – If punished.Contd/-7. 50% increase or decrease . decided to promote.
yes .yes CGEGIS . – – – – – – DA – permitted base on subsistent allowance Recoveries income tax-yes House rent and allied-yes Repayment of loans and advances from govt yes as per rates fixed CGHS .Contd/-10. 11.
Contd/-12. Deductions not to be made – GPF subscription – amount on court attachment – recovery of loss to govt –GS responsible . Optional-with written consent of GS – premium due on PLI – cooperatives society – refund of advance from GPF 13.
Servants Def Asstt -can be Defence Assistant TA-yes in the context of disciplinary proceedings related hearing CEA-yes LTC-not himself but family Writing ACR?APAR-no if during major part he was under suspension .Contd/- Advance for purchase of conveyance-no HBA-yes collateral security in the shape of mortgage bond from two pmt Central Govt.
PNJ Fair play in action No one shall be a judge in his own case. No personnel interest in the case by the person deciding Hear the other side .
Appeal An appeal to appellate authority against order of DA When not specified. to President if by any other authority. for Gr A or B lies to AA (if order by subordinate authority). To Gr C or D to authority to which order making authority is immediate subordinate Within 45 days from date of order appealed against is delivered Appeal cannot be withheld .
Appellate Authority to see Whether procedure followed and if not whether it has led to violation of constitution or failure to justice Whether D A has reached findings based on evidence of record Penalty is adequate. inadequate or severe Perssonal hearing not must. If appeal against an order on major penalty and specific request for personal hearing the request can be allowed .
In case of A A. Treated as if Appeal under rules . Power of Revision with President .Revision If G S not satisfied with order of A A. order to be passed within 6 months of date of order proposed for revision . No time limit for revision . request to higher authority ( above A A ) can be made . Proceeding for revision only after expiry of period of limitation of appeal or disposal of appeal .
.Review President has the power to Review any order including an order passed in revision Condition is that any new fact or material having the effect of changing the nature of the case comes to his notice .
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