Saturday, March 28, 2009

Appendix-24

.(i) Under the provisions of sub Rule (1) of Rule 4 A of Punishment and Appeal Rules 1987, an appointing authority or any other authority to which it is subordinate or the punishing authority for minor punishment or any other authority empowered to do so by the Governor of Haryana may place a Govt. employee under suspension, when
a) a disciplinary proceedings against him is contemplated or is pending, or
b) a case against him in respect of any criminal offence is under investigation, inquiry or trial.
In case where the order of suspension is made by any authority lower than the appointing authority, such authority shall at once report to the appointing authority the circumstances in which the order was issued.
(ii) Under the provisions of sub Rule (2) of Rule 4A of Punishment and Appeal Rules, 1987, a Govt. employee shall be deemed to have been placed under suspensipn by an order of appointing authority :
a) with effect from the date of his detention when he is detained in custody on a criminal charge or otherwise for a period lasting more than 48 hours.
b) With effect from the date of his conviction and on conviction of an offence he is sentenced to imprisonment for a period lasting more than 48 hours although as a result of this conviction, he is not dismissed or removed or compulsory retired immediately.
Explanation :
The period of 48 hours referred to in the above clause (b) shall be counted from the commencement of imprisonment after the conviction and the intermittent periods of imprisonment if any shall be taken into account for this purpose.
(b) Periods of Suspension
a) Sub Rule 3 of Rule 4A of Punishment and Appeal Rules, 1987 lays down that in case a Govt. employee under suspension is dismissed, removed or compulsory retired from service and on review or on his appeal the penalty of dismissal, removal or compulsory retirement is set aside and further inquiry or action in the case is ordered, his suspension shall be deemed to have continued from the date of original order of dismissal. removal or compulsory retirement from service which shall remain in force
until further orders.
b) Sub Rule 4 of Rule 4A of Punishement and Appeal Rules, 1987 provides that when in consequence of the decision of a court of law, a penalty of dismissal, removal or compulsory retirement from service against a Govt. employee is set aside and the Punishing authority on consideration decides to hold a further enquiry on the allegations on which above penalty was imposed, the Govt. employee shall be deemed to have been placed under suspension by the appointing authority from the date of original order of penalty, which shall remain in force until further orders.
c) In sub Rule (6) of Rule 4A ibid, it has been provided that when a Govt. employee is under suspension or deemed suspension in connection with any disciplinary proceedings or otherwise and during this period of suspension, any other disciplinary proceeding is commenced against him, the competent authority on its written direction may prolong the suspension or deemed suspension of a Govt. employee until termination of all or any of suchproceedings.
d) An order of suspension made or deemed to have been made under Rule 4A ibid may at any time be modified or revoked by the authority compe tent to do so and that such an order shall continue in force until it is modified or revoked by the competent authority specified under the rules. Vide Sub Rule 5 & 7 of Rule 4A of Punishement and Appeal Rules, 1987

The authority competent to order dismissal of a Govt. employee may direct that the payment of any sum due on the date of suspension to a Govt. employee placed under suspension and suspected of embezzlement may be deferred until such time the said authority passes final orders on the charges framed against him but may order to release the payment of this sum on furnishing security for the reimbursement of the said money. However, such a Govt. employee shall be entitled to the payment of subsistence allowance during the above period. Rule 5 of P. &A. Rules, 1987.

It is made clear that suspension was treated as major punishment vide Rule 4(v) of P&A Rule 1952. On the introduction of new rules as Punishment & Appeal Rules 1987 suspension is not treated as punishment vide Rule 4A of P&A Rules 1987. As such, at present suspension is not a penalty.

a) The following penalties under Punishment and Appeal Rules, 1987 may for good and sufficient reasons be imposed on a Govt. employee namely :
Minor Penalties(i) Warning with a copy in the personal file (Character roll) (ii) Censure (iii) Withholding of promotion.
(iv) Recovery in full or in part from pay of any financial loss caused by negligence or breach of orders of the State/Central Govt./Govt. or local authority set up by an act of Parliament or State Legislature. (v) Withholding of increment of pay without future effect.
Major Penalties (vi) Withholding of increment of pay with future effect. (vii) Reduction to a lower stage in the time scale for a specified period with a direction as to whether or not the Govt. employee will earn increments of pay during the period of reduction and whether on expiry of such period the reduction will or will not affect the postponing of future increment of his pay.
(viii) Reduction to a lower scale of pay/grade, post or service barring to the promotion of the Govt. employee to the time scale of pay, grade, post or service from which he was reduced with or without direction regarding conditions of seniority or pay on restoration to such position which he was reduced. (ix) Compulsory retirement. (x) Removal from service which shall net be a disqualification for future employment under the Govt. (xi) Dismissal from service which shall ordinarily be a disqualification for future employment under the Govt. Vide Rule 4( 1) of P & A Rules, 1987.
b. The authorities competent to impose any of the above penalties as per clause (a) above upon persons (Govt. employees) to whom these rules apply shall be such as may be prescribed by the Govt. in the rules regulating the appointment and conditions of service of such persons.

The following will not amount to penalty within the meaning of P & A Rules, 1987 namely:
(i) Withholding of increment of pay of a Govt. employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post he holds or the terms of his employment.
(ii) Stoppage of a Govt. employee at the EB in the time scale of pay on the grounds of his unfitness to cross the bar.
(iii) Non-promotion of a Govt. employee in substantive or officiating capacity after consideration of his case to a service, grade or post for promotion to which he is eligible.
(iv) Reversion of a Govt. employee officiating on a higher service, grade or post to a lower position on the ground of his being considered to be unsuitable for such a position on administrative ground unconnected with his conduct.
(v) Reversion of a Govt. employee appointed on probation to any other service, grade or post to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or rules and orders governing such probation.
(vi) Compulsory retirement of a Govt. employee in accordance with the provisions relating to his superannuation or retirement.
(vii) Termination of the service:
(a) of a Govt. employee appointed on probation, during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probation.
(b) of a temporary Govt. employee appointed otherwise than under contract on the expiry of the period of appointment or on abolition of the post or before the due time in accordance with the terms of appointment.
(c) of a Govt. employee under an agreement in accordance with the terms of such agreement. Vide Explanation below Rule 4(1) of P & A Rules, 1987.

process of awarding major penalty is initiated and finally concluded.
A. The procedure in respect of imposition of major penalties as laid down in Rule 7 of P & A Rules, 1987 is given as under :
(i) It has been laid down that a major penalty shall not be jmposed upon a person without affording him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(ii) The grounds on which such action is proposed to be taken shall be given the form of a statement of charges and a statement of allegations on which each charge is based. Then these statements under the cover of a memo (Commonly known as charge sheet memo) shall be sent to the Govt. employee concerned through registered post. The Govt. employee shall be given a reasonable time to send reply to the charge sheet to the punishing authority. The punishing authority also provides him an opportunity of personal hearing if he so desires and if the punishing authority is not satisfied with the explanation of person charged, it may himself enquire into the charges or may appoint an Inquiry Officer to enquire into the same.
(iii) Where an inquiry is ordered to be held, the punishing authority shall appoint a Govt. employee to be known as Presenting Officer to present on its behalf the case in support of the charges, and the person charged is also allowed to obtain the assistance of a Govt. employee or a retired Govt. employee if he so desires in order to produce his defence before the Inquiry Officer. The provision further stipulates that if in any enquiry counsel is engaged on behalf of any deptt. of Govt., the person against whom the charges are being enquired into, shall also be entitled to engage counsel. Then during inquiry proceedings the presenting officer leads before the Inquiry Officer all evidence as to the charges which are not admitted and the person charged is also entitled to cross examine, the witness, to give evidence in person and to have such witnesses called before Inquiry Officer in his defence as he may wish.
(iv) The Inquiry Officer after completing an inquiry submits the inquiry report to the punishing authority and in case the punishing authority on considering the Inquiry report arises at a provisional conclusion in regard to the penalty to be imposed, it supplies the Govt. employee with a copy of the report of the inquiring authority and calls upon him to show cause within a reasonable period against the particular penalty proposed to be imposed upon him. Any representation submitted by the person charged is taken into consideration and then final orders imposing the penalty are issued.Vide Rule 7 of P & A Rules, 1987.
penalty is initiated and finally concluded.

Under Rule 9 of Punishment and Appeal Rules, 1987, every Govt. employee against whom a punishment order has been passed under Rule 4 of P & A Rules, 1987 has a right to appeal against the said order to such superior authority as may be prescribed by Govt. in the rules regulating his conditions of service against an order not being an order of Govt. (Political Govt.) The right of appeal is available to a Govt. employee if the order has been passed by Administrative Secretary. In this case order has been passed by the State Govt. Thus no appeal lies against this order. However, the employee may file a memorial with the Governor and Govt. may while considering the memorial review its order of punishment.
Based on Rule 9 of P & A Rule, 1987 Read with Appendix V of Guidelines regarding Procedure in Disciplinary Cases.

. The period of limitation for appeal is 45 days from the date on which a copy of the order to be appealed against is delivered to the applicant.Vide Rule 10 of P& A Rules, 1987.

In accordance with the provision of sub rule 5 of Rule 4 A of P&A Rules 1987
the orders of suspension made or deemed to have been made under this rule continues to remain in force until it is modified or revoked by the authority competent to do so. As such when orders of suspension are revoked and the suspended employee joins duty, he will be entitled to draw the pay from the date of joining in terms of Rule 3.19 of Pb. CSR Vol. I Part-I.

Govt. retains an absolute right to retire a Govt. employee after he has attained the age of 50 years. This right is exercised in the public interest specially when reputation for corruption is clearly established. This is the executive power vested under the rules while it may not be expedient to take up such a step against the employee under the P&A Rule, 1987. In accordance with the provision of Note below Rule 5.32A(c) of Pb. CSR Vol. II read with Rule 3.26(d) of Pb. CSR Vol. I Part-I orders for retirement of such an employee are passed by the Competent Authority by giving 3 month's notice or 3 month's pay as the Competent Authority may deem fit in regard to the above case where ACR for doubtful integrity has been found within the last 10 years of his service record. A model form for giving such an order has been prescribed by Govt.


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(i) Withholding stoppage of increment with future effect, (ii) Withholding of promotion for a specified period. (Hi) Compulsory retirement.
(iv) Withholding of increment for failure to pass departmental examination.
(v) Reversion for not satisfactorily completing probation period

Every Govt. employee has a right to appeal against whom order of punishment have been issued to the next higher authority. But the orders for stoppage of increment have been passed by the Govt, the officer can not make an appeal against the order of Govt. Vide Rule 9(i) of P&A Rules, 1987. He would, therefore, be advised to file a memorial to the Governor in which case the order of punishment may be reviewed by the Govt. while considering the memorial submitted to him.Vide Rule 9 of P & A Rules, 1987.

1 comment:

  1. poonam ji: What kind of rules these are. How can they be presented for the benefit of a layman?

    Munish

    ReplyDelete