Disciplinary proceedings A recap 1. Deemed Suspension (i) detained in custody, whether on a criminal...

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Disciplinary proceedings

A recap

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Deemed Suspension• (i) detained in custody, whether on a criminal

charge or otherwise, for a period exceeding 48 hours, under suspension with effect from the date of detention.

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Deemed Suspension

• When a Government Servant is convicted for more than 48 hours,

• When the major penalty imposed is set aside and the case is remitted for further inquiry by appellate authority, the order of suspension is deemed to have continued w.e.f. the date of original order of major penalty.

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Deemed Suspension

• Where a major penalty imposed is set aside or declared or rendered void by a decision of a Court of Law on technical grounds and the appointing/disciplinary authority, decides to hold a further inquiry on the basis of fresh materials which were not placed before the court , the Government servant shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of major penalty imposed.

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Responsibility of the official to intimate arrest

• While the police should send prompt report on the arrest of the government servant, it is the duty of the Government servant to intimate about his being arrested with the particulars of the case.

• If he does not intimate, non-intimation itself will be a case for disciplinary action.

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HEADQUARTERS DURING SUSPENSION

• HQs would be his last place of duty. If he seeks change of HQ, it may be considered if the change does not involve extra expenditure and difficulty in investigation.

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Modification and Revocation

• An order of suspension made or deemed to have been made may be modified or revoked at any time by the authority that made the order.

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Appeal against suspension

• The suspended official has a right to make an appeal under Rule 22 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965.

• To make the appeal, the suspended official should be furnished with the reason for suspension.

• He should be served with the charge sheet within three months.

• If charge sheet could not be served within three months, the reason should be informed to him in writing.

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Appeal against suspension• The date of furnishing of information would

be the crucial date for determining the period of appeal viz. 45 days within which he should make appeal against the suspension.

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Action on the appeal against suspension

• On receipt of appeal, the appellate authority shall consider in the light of the provisions of Rule 10 and having regard to the circumstances of the case, whether the order of suspension is justified or not; and confirm or revoke the order accordingly.

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DURATION OF ORDER OF SUSPENSION

• When major penalty is imposed, the order of suspension will cease to exist automatically from the date from which the order takes effect.

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Date of effect of suspension

• Except in cases in which a Government servant is deemed to have been placed under suspension , an order of suspension can take effect only from the date on which it is made.

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Date of effect of suspension• In such cases, the competent authority may

direct that the order of suspension will take effect from the date of its communication to the Government servant concerned.

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Date of effect of suspension when the official is on leave

• An officer who is on leave, or who is absent from duty without permission, may be placed under suspension with immediate effect.

• When a Government servant is placed under suspension while he is on leave, the unutilized portion of the leave should be cancelled by an order to that effect.

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No retrospective effect for suspension

• No order of suspension should be made with retrospective effect except in the case of deemed suspension.

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REVOCATION OF SUSPENSION ORDER

• An order of suspension should be revoked when no charge sheet is to be issued or he is exonerated of the charges or no major penalty was imposed.

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REVOCATION OF SUSPENSION ORDER

• Ii) the investigation does not show prima facie case or he is acquitted by the court of law and it is decided that no departmental proceeding is to be initiated.

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Revocation of suspension• If suspension had been ordered on detention

in police custody and if the police had released him without any case is being lodged in the court, the suspension should be revoked with effect from the date of detention.

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Revocation of suspension

• If the court case filed against the Government servant ends in acquittal and if appeal is filed, the case should be considered whether the suspension should be continued.

• If not, the order of suspension should be revoked immediately.

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CONTINUED SUSPENSION• If investigation is likely to take more time, it

should be examined whether the suspension of the official is to be continued or revoked and if it is to be revoked the official could be posted to the same post or transferred to another post.

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Review of suspension cases

• A review has to be undertaken to see:• (i) whether the period of suspension is

prolonged for reasons directly attributable to the government servant;

• (ii) what steps could be taken to expedite the progress of the court trial/departmental proceedings;

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Review of suspension cases

• (iii) whether the continued suspension is needed on the circumstances of the case.

• (iv) whether having regard to the guidelines for suspending an official, whether the suspension may be revoked and the Government servant concerned permitted to resume duty at the same station or at a different station.

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Treatment of period on revocation

• When the order of suspension is revoked pending finalization of Departmental/Court proceedings, the order on the arrears of pay and the treatment of the period of suspension would be made only after conclusion of the pending case.

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Acceptance of resignation during suspension

• If a suspended official presents resignation, it should not normally be accepted.

• If the acceptance of resignation is considered necessary, it may be accepted with approval of Head of the Department in the case of Group ‘C ‘and ‘D’ and that of Minister in charge in r/o of Group ‘ A’ and ‘B’ under the certain conditions.

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CONDITIONS FOR ACCEPTANCE OF RESIGNATION DURING SUSPENSION

• (i) Where the alleged offences do not involve moral turpitude; or

• (ii) Where the evidence is not strong that if the departmental proceedings were continued, the officer would not be removed or dismissed from service; or

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CONDITIONS FOR ACCEPTANCE OF RESIGNATION DURING SUSPENSION

• (iii) Where the departmental proceedings are likely to be so protracted that it would be cheaper to the public exchequer to accept the resignation.

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NOTICE FOR VOLUNTARY RETIREMENT DURING SUSPENSION

• If the official under suspension gives notice for voluntary retirement, the power to withhold permission can be exercised by the appropriate authority before the expiry of the notice.

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PROMOTION OF AN OFFICER UNDER SUSPENSION

• The following cases should be specifically brought to the notice of the Departmental Promotion Committee:-

• (i) Government servants under suspension;

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PROMOTION OF AN OFFICER UNDER SUSPENSION

• (ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and

• (iii) Government servants in respect of whom prosecution for a criminal charge is pending.

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Sealed cover procedure• The promotion committee will follow the procedures for

sealed cover. The same procedure would be followed by the subsequent Departmental Promotion committees also.

• When the case is finalized the sealed cover would be opened.

• If he is exonerated, he will be promoted with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position

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Sealed Cover Procedure• If any penalty is imposed on the Government

servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon.

• His case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him.

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Applicability of ‘sealed cover’ procedure to officers coming under cloud

after holding of DPC but before promotion:

• If an official is suspended after receipt of recommendations of DPC but before promotion , the case would be treated as a case of Sealed cover procedure.

• He shall not be promoted until he is completely exonerated of the charges against him and the provisions relating to sealed cover will be applicable in his case also.

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GRANT OF LEAVE WHILE UNDER SUSPENSION – MARKING OF ATTENDANCE BY A SUSPENDED

EMPLOYEE

• It is not permissible to grant leave to a Government servant under suspension under FR 55.

• Direction to the employee during the period of suspension, to attend office and mark attendance at the office daily during working hours is illegal

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Disciplinary Proceedings

• Typical CASES

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Major Penalties …justification..• (viii) removal from service which shall not be a

disqualification for future employment under the Government;

• (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government

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Nature of offences that warrant penalties in Clause (viii) & (ix)

• 1. The charge of possession of assets disproportionate to known-source of income

• 2. The charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act

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What shall not amount to penalty

• (i) withholding of increments of a Government servant for his failure to pass any departmental examination if it is a condition for such an examination.

• (ii) non-promotion of a Government servant, whether in a substantive or officiating capacity, to which he is eligible.

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What shall not amount to penalty• (iii) reversion of a Government servant officiating

in a higher Service to a lower Service on the ground of unsuitability or on any administrative ground unconnected with his conduct;

• (iv) reversion of a Government servant, appointed on probation to his permanent Service at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;

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What shall not amount to penalty• (v) compulsory retirement of a Government

servant in accordance with the provisions relating to his superannuation or retirement;

• (vi) termination of the services of a Government servant appointed on probation

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Officers performing current duties of a post cannot exercise Statutory powers under the Rules

• An officer appointed to perform the current duties can exercise administrative or financial power vested in the full-fledged incumbent of the post but he cannot exercise statutory powers

• Note: The officer on current duty can suspend an official.

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PART VI - PROCEDURE FOR IMPOSING PENALTIES :

• Rule 14: Already known

• Rule 15: Already known

• Rule 16:Already known

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Rule 14

Post Enquiry action

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General principles

• Amendment to the charge-sheet - During the course of enquiry, if it appears necessary to amend the charge-sheet, it is permissible to do so provided that a fresh opportunity be given to the accused public servant in respect of amended charge-sheet.

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General principles

• The Inquiry Officer may hold the enquiry again from the stage considered necessary so that the accused public servant should have a reasonable opportunity to submit his defence or produce his witnesses in respect of amended charge-sheet.

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General principles

• If there is a major change in the charge-sheet, it would be desirable to draw fresh proceedings on the basis of the amended charge-sheet.

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General principles

–Whatever the Inquiry Officer does should be “lawful” but it should not be “legalistic”. –The legal principles with which Inquiring

Authorities are primarily concerned are only the principles of natural justice.

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General principles

• The standard of proof required in a departmental oral inquiry differs materially from the standard of proof required in a criminal trial.

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General principles

• The Supreme Court has given clear rulings to the effect that a disciplinary proceedings is not a criminal trial and that the standard of proof required in a disciplinary enquiry is that of preponderance of probability and not proof beyond a reasonable doubt

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Ex-parte proceedings• 1. If the Government servant to whom a copy of

the articles of charge has been delivered,• does not submit the written statement of defence on or

before the date specified for the purpose or • does not appear in person before the Inquiry Officer or • otherwise fails or refuses to comply with the provisions

of the C.C.A. Rules, • the Inquiry Officer may hold the inquiry ex parte.

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Ex-parte proceedings

• 2. If the Government servant does not take advantage of the opportunity given to him to explain any facts or circumstances which appear against him he has only to blame himself and the Inquiry Officer has no choice but to proceed ex parte.

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• 3. But if a Government servant under suspension pleads his inability to attend the inquiry on account of financial stringency caused by the non-payment of subsistence allowance to him, the proceedings conducted against him ex-parte would be in violation of the provisions of Article 311 (2) of the Constitution as the person concerned did not receive a reasonable opportunity of defending himself in the disciplinary proceedings.

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• 4. If it is not possible to trace the Government servant and serve the charges on him, the disciplinary authority may take recourse to Rule 19 (ii) and finalise the proceeding after dispensing with the inquiry on the ground that it is not reasonably practicable to hold one.

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Part-heard inquiries• 1. If an Inquiry Officer after having heard and

recorded the whole or any part of the evidence in an enquiry ceases to function as Inquiry Officer for any reason, and a new officer is appointed as Inquiry officer for conducting the inquiry, the new Inquiry Officer in his discretion may proceed with the enquiry de novo, or

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Part-heard inquiries• 1. or-• from the stage left by the predecessor and act on

the evidence already recorded by his predecessor or

• the evidence partly recorded by his predecessor and partly recorded by him, depending upon the stage at which the previous Inquiry Officer ceased to function.

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Part-heard inquiries

• 2. However, if the new Inquiry Officer is of the opinion that– a further or a fresh examination of any of the

witnesses whose evidence has already been recorded is necessary in the interest of justice, he may recall the witness or witnesses for examination, cross-examination and re-examination

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Contents of the IO’s report

• i) an introductory paragraph in which reference will be made about the appointment of the Inquiry Officer and the dates on which and the places where the inquiry was held;

• ii) charges that were framed;• iii) charges which were admitted or dropped

or not pressed, if any;

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• iv) charges that were actually enquired into;

• v) brief statement of facts and documents which have been admitted;

• vi) brief statement of the case of the disciplinary authority in respect of the charges enquired into;

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• vii) brief statement of the defence;• viii) points for determination;• ix) assessment of the evidence in

respect of each point set out for determination and finding thereon;• x) finding on each article of charge;

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• xi) a folder containing :-• a) list of exhibits produced in proof of the articles

of charge;• b) list of exhibits produced by the delinquent

officer in his defence;• c) list of witnesses examined in proof of the

charges;• d) list of defence witnesses;

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• xii) a folder containing depositions of witnesses arranged in the order in which they were examined;

• xiii) a folder containing daily order sheet;

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• xiv) a folder containing written statement of defence, if any, written briefs filed by both sides, application, if any, made in the course of the inquiry with orders thereon and orders passed on any re quest or representation made orally.

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Report of the Inquiry Officer

• 9. If in the opinion of the Inquiry Officer the proceedings of the inquiry establishes an article of charge different from original articles of charge, he may record his findings on such article of charge.

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• 9. -The findings on such article of charge will not, however, be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity during the course of the enquiry of defending himself against such article of charge.

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• 10. The Inquiry Officer will forward to the disciplinary authority his report together with the record of the enquiry including the exhibits and spare copies of the report as follows:-

• i) as many copies as the number of the accused;

• ii) one copy for the Special Police Establishment in cases investigated by them

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• 11. The Inquiry Officer after signing the report becomes functus officio and cannot thereafter make any modification in the report.

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Stay Order of Courts• 12. Stay of disciplinary proceedings

under the order of the Court .• The proceedings need not be adjourned

or stayed in the following circumstances

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Stay Order of Courts

• 12---• a) On receipt of notice under Section 80

of Civil Procedure Code;• b) On receipt of intimation that the

impugned officer proposes to file a writ petition.

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• c) On receipt of a mere show cause notice from a court asking :-

• i) why the petition should not be admitted; or• ii) why the proceedings pending before

Disciplinary Authority/Inquiring Authority should not be stayed; or

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• c) On receipt of a mere show cause notice from a court asking :-

• iii) why a writ or an order should not be issued?

• The proceedings should, however, be stayed only when a court of competent jurisdiction issues an injunction or clear order staying the same.

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17. COMMUNICATION OF ORDERS

• Orders made by the disciplinary authority shall be communicated to the Government servant who shall also be supplied with –a copy of its finding on each article of

charge, or –where the disciplinary authority is not the

inquiring authority, a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any,

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17. COMMUNICATION OF ORDERS

• Orders made by the disciplinary authority shall be communicated to the Government servant who shall also be supplied with – with the findings of the inquiring authority

and – also a copy of the advice, if any, given by the

Commission, and – where the disciplinary authority has not

accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.

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17. COMMUNICATION OF ORDERS• (1) Entry of punishments in confidential rolls:-• If as a result of disciplinary proceedings any of

the prescribed punishments (e.g. censure, reduction to a lower post etc.) is imposed on a Government servant, a record of the same should invariably be kept in his confidential roll.

• [G.I., MHA OM No. 38/12/59-Ests. (A) dated the 23rd April, 1960]

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18. COMMON PROCEEDINGS

• (1) Where two or more Government servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

• (GID) Common proceedings in Cross Complaints:• a joint proceeding against the accused

and accuser is an irregularity which should be avoided. – [G.I. MHA Letter No. 6/98/63-AVD dated the 13th June, 1963]

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19. SPECIAL PROCEDURE IN CERTAIN CASES

• Notwithstanding anything contained in rule 14 to rule 18-

• (i) If a Government servant is convicted due to his conduct

• (ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or

• (iii) in the interest of the security of the State, it is not expedient to hold any inquiry under these rules,

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19. SPECIAL PROCEDURE IN CERTAIN CASES

• the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:

• The Government servant should be given an opportunity of making a representation on the proposed penalty to be imposed on him in the case of item (i) above.

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22. ORDERS AGAINST WHICH NO APPEAL LIES

• No appeal can be presented against-• (i) any order made by the President;• (ii) any order of an interlocutory nature or of

the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension;

• (iii) any order passed by an inquiring authority in the course of an inquiry under Rule 14.

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PART VII – APPEALS23. ORDERS AGAINST WHICH APPEAL LIES:

• An appeal can be made against all or any of the following orders, namely:-

• (i) an order of suspension made or deemed to have been made under rule 10;

• (ii) an order imposing any of the minor or major penalties

• (iii) an order enhancing any penalty, imposed under rule 11;

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• (iv) an order which-• (a) denies or varies to his disadvantage his pay,

allowances, pension or other conditions of service as regulated by rules or by agreement; or

• (b) interprets to his disadvantage the provisions of any such rule or agreement;

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• (v) an order-• (b) reverting him while officiating in a higher

service, grade or post, to a lower service, grade or post, otherwise than as a penalty;

• c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;

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23. ORDERS AGAINST WHICH APPEAL LIES

• (d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;

• (e) determining his pay and allowances-• (i) for the period of suspension, or

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• e) determining his pay and allowances-• (ii) for the period from the date of his dismissal,

removal or compulsory retirement from service, or from the date of his reduction to a lower time-scale or stage in a time-scale of pay, to the date of his reinstatement or restoration to his post; or

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• (f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower post, or time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his post shall be treated as a period spent on duty for any purpose.

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• (f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower post, or time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his post shall be treated as a period spent on duty for any purpose.

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• EXPLANATION- In this rule• (i) the expression 'Government servant' includes a

person who has ceased to be in Government service;

• (ii) the expression 'pension' includes additional pension, gratuity and any other retirement benefits

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24. APPELLATE AUTHORITY

• (1) A Government servant, including a person who has ceased to be in Government service, may prefer an appeal to the authority specified in this behalf either in the Schedule .

• An appeal against an order in a common proceeding held under Rule 18 shall lie to the authority to which the authority functioning as the disciplinary authority is immediately subordinate:

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24. APPELLATE AUTHORITY

• (ii) If the Disciplinary authority who issued the punishment order becomes the Appellate authority to whom the appeal is to be made , the appeal shall lie to the authority to which such person is immediately subordinate.

• If the punishment has been awarded on an office-bearer of an association, federation or union, in respect of his activities connected with his work relating to participating in the Joint Consultation and Compulsory Arbitration Scheme, he can appeal to the President though President is not the Appellate authority.

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25. PERIOD OF LIMITATION OF APPEALS

• Appeal should be preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant:

• The appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time

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26. FORM AND CONTENTS OF APPEAL

• (1) Appeal should be made in his own name.• (2) The appeal shall be presented to the

authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies. It shall not contain any disrespectful or improper language, and shall be complete in itself.

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26. FORM AND CONTENTS OF APPEAL

• (3) The Disciplinary authority shall forward the appeal to the appellate authority with its comments together with the relevant records without any avoidable delay, and without waiting for any direction from the appellate authority.

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27. CONSIDERATION OF APPEAL• (1) In the case of an appeal against an order of

suspension, the appellate authority shall consider whether in the light of the provisions of rule 10 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

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27. CONSIDERATION OF APPEAL• (2) In the case of an appeal against an order imposing

any of the penalties specified in rule 11 or enhancing any penalty imposed under the said rules, the appellate authority shall consider-

• (a) whether the procedure laid down in these rules have been complied with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;

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27. CONSIDERATION OF APPEAL• (b) whether the findings of the disciplinary

authority are warranted by the evidence on the record; and

• (c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe;

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27. CONSIDERATION OF APPEAL• and pass orders-• (i) confirming, enhancing, reducing, or setting

aside the penalty; or• (ii) remitting the case to the authority which

imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:

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27. CONSIDERATION OF APPEALprovided that-

• (i) The commission shall be consulted in all cases where such consultation is necessary

• (ii) If Inquiry had already been held under Rule 14, the appellate authority may enhance the penalty to any of the major penalties after giving a reasonable opportunity to the appellant for making a representation against the proposed penalty; and

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27. CONSIDERATION OF APPEAL

• (iii) If the Inquiry has not been conducted under Rule 14, the appellate authority cannot enhance the minor penalty in to major penalty. In that case either it may hold such an inquiry under Rule 14 or direct the Disciplinary authority to make arrangements for holding the inquiry under Rule 14. Thereafter, on consideration of the proceedings of such inquiry, it may make such orders as it may deem fit:

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27. CONSIDERATION OF APPEAL• ( (iv) no order imposing an enhanced penalty shall be

made in any other case unless the appellant has been given a reasonable opportunity, of making a representation against such enhanced penalty.

• (3) In an appeal against any other order specified in rule 23, the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.

• The time limit for the disposal of the appeal is one month. [Cabinet Sectt. (Department of Personnel), OM No. 39/42/70-Ests.(A) dated the 15th May, 1971]

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Personal hearing at the discretion of appellate authority in major penalty cases:

• A personal hearing of the appellant by the appellate authority at times will afford the former an opportunity to present his case more effectively and thereby facilitate the appellate authority in deciding the appeal quickly and in a just and equitable manner.

• Rule 27 of the CCA Rules does not preclude the grant of personal hearing in suitable cases.

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• So, where the appeal is against an order imposing a major penalty and the appellant makes a specific request for a personal hearing the appellate authority may after considering all relevant circumstances of the case, allow the appellant, at its discretion, the personal hearing.

• [G.I., Deptt. of Personnel & Trg. OM No. 11012/20/85-Estt. (A) dated 28th October, 1985]

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• In all those cases where a personal hearing is allowed by the appellate authority in terms of OM dated 28.10.85, referred to above, the Government servant may be allowed to take the assistance of a defence assistant also, if a request is made to that effect.

• [G.I.Deptt. of Personnel & Trg. OM No. 11012/2/91-Estt. (A) dated 23.04.91]

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28. IMPLEMENTATION OF ORDERS IN APPEAL

• The Disciplinary authority shall give effect to the orders passed by the appellate authority.

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29. REVISION

• (1) Notwithstanding anything contained in these rules-

• (i) the President; or• (iii) the Member (Personnel) Postal Services

Board in the case of a Government servant serving in or under the Postal Services Board

• (v) the appellate authority, within six months of the date of the order proposed to be revised

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29. REVISION• may at any time , either on his or its own motion

or otherwise call for the records of any inquiry and revise any order made under these rules and may

• (a) confirm, modify or set aside the order; or• (b) confirm, reduce, enhance or set aside the

penalty imposed by the order, or impose any penalty where no penalty has been imposed; or

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REVISION• (c) remit the case to the authority which made

the order to or any other authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case; or

• (d) pass such other orders as it may deem fit

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REVISION• The revising authority may not impose or

enhance any penalty unless the Government servant has been given a reasonable opportunity of making a representation against the penalty proposed.

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REVISION• If the revising authority proposes to impose any

of the major penalties or to enhance the penalty to any of the major penalties and if an inquiry under rule 14 has not already been held in the case, no such penalty shall be imposed. But the proposed major penalty can be imposed after an inquiry is held under Rule 14 .

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REVISION• Provided further that no power of revision shall

be exercised by the Member (Personnel), Postal Services Board, unless-

• (i) the appellate authority or if the appeal had not been filed, the authority to which the appeal is due under these Rules is subordinate to him.

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REVISION• (2) No proceeding for revision shall be

commenced until after-• (i) the expiry of the period of limitation for an

appeal viz.45 days, or• (ii) the disposal of the appeal, where any such

appeal has been preferred.• (3) An application for revision shall be dealt with

in the same manner as if it were an appeal under these rules.

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29-A. Review• The President may, at any time, either on his own

motion or otherwise review any order passed under these rules.

• A Review will be done only when any new material or evidence which could not be produced or was not available at the time of passing the order, is available. It should have the effect of changing the nature of the case.

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29-A. Review

• The President may not impose or enhance any penalty unless the Government servant has been given a reasonable opportunity of making a representation against the penalty proposed.

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29-A. Review• If the President proposes to impose any of the

major penalties or to enhance the penalty to any of the major penalties and if an inquiry under rule 14 has not already been held in the case, no such penalty shall be imposed. But the proposed major penalty can be imposed after an inquiry is held under Rule 14 .

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• Procedure to be followed while proposing enhancement of the penalty already imposed on a Government servant

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Enhancement of Penalty

• The correct procedure to be followed while enhancing the penalty by the Revising authority will be to take action in accordance with the first proviso to Rule 29 (1) of the CCS (CCA) Rules, 1965, without cancelling/setting aside the order of the subordinate authority. It is only at the final stage when orders are issued modifying the original penalty, that it would be necessary to set aside the original order of penalty.

• [G.I. MHA OM No. 39/2/68-Ests. (A) dated the 14th May, 1968]

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30. SERVICE OF ORDERS, NOTICES, ETC

• Every order, notice and other process made or issued under these rules shall be served in person on the Government servant concerned or communicated to him by registered post.

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31. POWER TO RELAX TIME-LIMIT AND TO CONDONE DELAY

• The authority competent under these rules to make any order, may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone any delay.

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Closing of disciplinary cases in the event of death of the charged official.

• If a Government servant dies during the pendency of the inquiry i.e. without charges being proved against him, imposition of any of the penalties prescribed under the CCS (CCA) Rules, 1965, would not be justifiable. Therefore, disciplinary proceedings should be closed immediately on the death of the alleged Government servant.

• [Deptt. Of Personnel & Training OM No. 11012/7/99-Estt. (A) dated 20th October, 1999]

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Disciplinary proceedings A recap 1. Deemed Suspension (i) detained in custody, whether on a criminal...

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