BHARAT SANCHAR NIGAM LIMITED

JTO BASIC COURSE

GENERAL ADMINISTRATION
(PART II) H.3 VIGILANCE AND DISCIPLINARY PROCEEDINGS

LESSON PLAN VIGILANCE AND DISCIPLINARY PROCEEDINGS

FORM 16 ADMINISTRATORS'/INSTRUCTORS' GUIDE Page 1/2 MODULE LESSON PLAN ISSUED: March 2006 COURSE CODE: SUB ECT: !IGILANCE " DISCIPLINAR# PROCEEDINGS NO LIST OF MODULES T#PE OF DU TRAINI OB RAT NG ION TEC$NI %UE L1 !IGILANCE Cha)/er I 1 $r Le11-, 1' E()*a+, !+g+*a,ce -rga,+.a/+-, a,0 Para 1BA +/ 1e/2) 2' ' F2,c/+-,1 -3 4+g+*a,ce &' !+g+*a,ce 1e/ 2) +, BSNL 5' C-,12*/a/+-, 6+/h 4+g+*a,ce C-77+11+-, L2 DISCIPLINAR# PROCEEDINGS Cha)/er II 1 $r Le11-, 1' E()*a+, /he c-,1/+/2/+-,a* )r-4+1+-, 3-r Para 1 0+1c+)*+,ar8 )r-cee0+,g1 2' I,/r-02ce CCS 9C-,02c/: R2*e1 1;65 A,,e(2re I &' I,/r-02ce CCS 9CCA: r2*e1 1;6< A,,e(2re II 5' E()*a+, /he 0+33ere,ce =e/6ee, >20+c+a* )r-cee0+,g1 a,0 0e)ar/7e,/a* )r-cee0+,g1 <' E()*a+, Pr+,c+)*e1 -3 Na/2ra* >21/+ce Para 2 L& 6' Pe,a*/+e1 Para < 1 $r Le11-, DISCIPLINAR# PROCEEDINGS 1' E()*a+, /he 1/age1 -3 Cha)/er II D+1c+)*+,ar8 Pr-cee0+,g1 2' E()*a+, Pre*+7+,ar8 I,?2+r8 Para1 6B10 &' Dec+1+-, /- c-,02c/ Ora* I,?2+r8 5' Pre)ara/+-, -3 charge 1hee/ <' A))-+,/7e,/ -3 I,?2+r8 -33+cer 6' A))-+,/7e,/ -3 Pre1e,/+,g -33+cer @' De3e,ce A11+1/a,/ A' C-,02c/+,g Ora* I,?2+r8 =8 I,?2+r8 O33+cer ;' Br+e3 -3 /he Pre1e,/+,g -33+cer 10' Br+e3 -3 De3e,ce A11+1/a,/

FORM 16 ADMINISTRATORS'/INSTRUCTORS' GUIDE MODULE LESSON PLAN Page 2/2 ISSUED: March 2006 COURSE CODE: SUB ECT: !IGILANCE " DISCIPLINAR# PROCEEDINGS NO LIST OF MODULES T#PE DU TRAINING OF OB RAT TEC$NI%U ION E L5 DISCIPLINAR# PROCEEDINGS Cha)/er 1 $r Le11-, II 1' E()*a+, /he )re)ara/+-, -3 I,?2+r8 re)-r/ =8 I'O 2' C-,1+0era/+-, -3 /he I,?2+r8 re)-r/ =8 D+1c+)*+,ar8 a2/h-)r+/8 &' Pre)ara/+-, -3 3+,a* Or0er 5' E()*a+, A))ea* Para 11B 1 $r Le11-, <' A))e**a/e a2/h-r+/8 1@ 6' Re4+1+-, L< @' Re4+e6 SUSPENSION Cha)/er Le11-, III 1' E()*a+, /he 4ar+-21 c*a21e1 -3 Para1 &0M E(erc+1e 121)e,1+-, 1B&0 +, 2' C-,02c/+,g 7-cC I,?2+r8 A,,e(2r III &0M +,

CONTENTS CHAPTER
1 2 3 4

TOPIC
VIGILANCE DISCIPLINARY PROCEEDINGS SUSPENSION ANNE URES

PAGE NO
1 6 56 64

CHAPTER I VIGILANCE ORGANISATION AND !UNCTIONS

1.0 Absolute integrity on the part of a public servant is a must. This ensures that he is able to discharge his duties and exercise his powers impartially, without fear or favour. The Government has prescribed rules and procedures not only for day to day functioning of Govt. officers in various matters, but also for their personal conduct, both as individuals as well as a Govt. Servant. very Government servant has to function according to the prescribed procedures. Any deviation from the established procedures is viewed seriously. !ore often than not, the disciplinary action against a "ublic servant is ta#en primarily for violation of the prescribed procedures, which gives rise to doubts about his integrity. $esides the %igilance &rgani'ations in every !inistry(department, the primary responsibility for anti)corruption measures in the *entral Government at higher rests with the central %igilance commission +.0 %,G,-A.* S T)/" ,. T0 !,.,ST12(3 "A1T! .T %igilance organi'ation in each !inistry( 3epartment is headed by a *hief %igilance officer. 0e #eeps liaison with the *entral %igilance *ommission and the *$,. *hief %igilance &fficers are appointed in consultation with the *entral %igilance commission. The *entral vigilance *ommission exercises final authority in this regard. The %igilance &fficers in subordinate organi'ations of the ministries(3epartments are to be appointed with the approval of the *hief %igilance &fficer.

4.0

%,G,-A.* S T /" ,. $S.%igilance $ranch in the Telecom *ommission is headed by Sr. 33G 5%ig6, who is the *%& of $S.-. There are %igilance &fficers in all *ircles. ,n

Telecom 3istricts, vigilance wor# is loo#ed after by 3

5%ig6 or S3

5%ig6

depending upon the wor# load. *ases of all Group A &fficers are handled by the vigilance branch at the 0ead 7uarters. *ases of Group $ &fficers are initially processed by the *ircles. All reference to the *%* or /"S* are made by the vigilance branch at 0ead 7uarters.

8.0

* .T1A- %,G,-A.* *&!!,SS,&. The *entral %igilance *ommission was set up in 19:8 by a resolution of the Govt. in pursuance of the recommendation of the committee on prevention of corruption headed by Shri. ;. Santhanam and popularly #nown as Santhanam *ommittee. This committee felt that the administration should not be the sole <udge of its own conduct. ,t recommended the setting up of the *entral %igilance *ommission independent of the Government. The commission was expected to deal comprehensively with the prevention of corruption and maintenance of integrity in the "ublic Services. The *ommission acts in the field of preventive, detective, and punitive vigilance. The commission has recently been made a statutory body. ,t is not subordinate to any !inistry(3epartment and has the same measure of independence and autonomy as /"S*. -i#e /"S*, the *%* submits an annual report of its activities which is placed before both the houses of "arliament.

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*&!"&S,T,&. &> T0 *%* ,nitially, *%* was a one man *ommission under the *entral %igilance commissioner. ,t has now been made a multimember body with a *entral %igilance commissioner and four %igilance commissioners. The *entral %igilance *ommissioner and %igilance commissioners are appointed by the "resident by a warrant under his hand and seal. They have secured tenure and can be removed or suspended from office in manner provided

for the removal or suspension of the *hairman or a member of the /nion "ublic Service *ommission. The *%* also controls the &rgani'ation of the *hief Technical xaminer. ,t consists of two *T s of *hief : Assistant Technical ngineer?s level, @ Technical xaminers, xaminers and = Technical Assistants. This

organi'ation underta#es intensive technical examination(audit of wor#s underta#en. ,t also scrutini'es contracts and tender documents from the vigilance point of view. :.0 A/1,S3,*T,&. A.3 >/.*T,&.S The *ommission?s <urisdiction extends to all maters to which the executive power of the /nion extends. *ases of the employees of the *entral Government, /nion territories, "ublic /nderta#ings and .ationali'ed $an#s are to be referred to *ommission. 0owever, the *ommission has restricted its authority due to practical reasons. The commission tenders advice in individual disciplinary cases in respect of Ga'etted &fficers of the *entral Government. *ases of $oard level appointees in "ublic Sector. *ases of $oard level appointees in "ublic Sector ta#ings, &fficers in Scale ,,, and above in .ationalised $an#s, &fficer of "ort Trust(3oc# -abour $oards of certain level are referred to the *ommission for advice. The commission also exercises a general chec# and supervises vigilance wor# done by departments(organi'ations through prescribed Buarterly returns. "rocedures, practices and general coordination with a view to maintaining integrity in administration. The functions of the commission are purely advisory. ,ts advice is not binding on the disciplinary authority. The final decision rests with the disciplinary authority. 0owever, whenever there is any departure from the *ommission?s advice, the reasons or doing so have to be intimated to the *ommission. Such cases are included in the annual report of the *ommission which is placed before both 0ouses of "arliament. This

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serves as chec# on the disciplinary authority for differing with the advice of the *ommission. The commission has powers to 1. /nderta#e or have an ,nBuiry made into any transaction in which a public servant is involved. +. *ause an inBuiry or investigation made into a complaint of corruption, lac# of integrity on the part of public servant. 4. As the *entral $ureau of ,nvestigation to register a regular case and investigate or 8. ntrust the complaint, information or case of inBuiry to !inistry(3epartment for investigation. C.0 "1&* 3/1 >&1 *&.S/-TAT,&. D,T0 T0 *&!!,SS,&. The *ommission has to be consulted in the cases involving a Ga'etted &fficer and having a vigilance angle which are broadly as follows. 1. *ases of corruption, cheating, bribery, misappropriation, fraud, and lac# of integrity +. *ases of abuse of official power(authority for self gain or for any one else. 4. *ases in which a Government servant has caused substantial loss to Government as a result of grave(deliberate negligence or indulged in nepotism. 8. *ases of disproportionate assets. *ases are referred to *%* for their advice at two stages. The first stage advice will indicate the nature of action to be ta#en against the Government Servants, whose conduct has been investigated. The *ommission advises whether minor or ma<or penalty proceedings should be initiated. Second stage advice of the *ommission is obtained after the ,nBuiry &fficer has given its report. The *ommission considers the report of the ,nBuiry officer and advises the disciplinary authority about the penalty to be imposed. All references to the *ommission are be made at the level of the *hief %igilance &fficer. Dhere the 3epartment differs with

the advice of the *ommission and desires of Secretary of the 3epartment.

reconsideration

by the

*ommission, cases can be referred to the *ommission with the approval

3isciplinary proceedings resulting from purely administrative lapses are not referred to the *ommission. 3epartment investigation report are sent to the *ommission for their advice where the *ommission had as#ed for investigation as well as where a Ga'etted Government Servant is involved. ,f the case involves both Ga'etted and non)ga'etted employees, action has to be ta#en in respect of all the employees as per the advice given by *%*. *%* has advisory role in the matter of sanction for prosecution under "revention of *orruption Act also. The report of the *$, is sent to the 3epartment concerned with a copy to the *ommission. The 3epartment is reBuired to submit it comments to the *ommission within one month.

@.0

"1&* 3/1

>&1 TA;,.G A*T,&. AGA,.ST G1&/" EAF &>>,* 1S.

Any disciplinary action against a Group GAF &fficer can be ta#en only by the "resident. Dhenever any GroupFAF officer appears to be prima facie guilty of any irregularity as a result of preliminary investigation into his conduct, the matter is placed before the !inister of *ommunication, if necessary, after consultation with the *entral %igilance *ommission. >inal decision regarding imposition of any penalty can be ta#en only by the !inister after consultation with the /"S*. 3isciplinary proceedings against Group EAF &fficers are handled in the %igilance $ranch at the Telecom 0ead 7uarters.

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CHAPTER II DISCIPLINARY PROCEEDINGS

1. I"#$%&'(#)%" 1.1 Dith the formation of $harat Sanchar .igam -td., all the powers of the "resident lie with $S.- $oard. ,t is open to $S.- $oard to $y either frame their own disciplinary rules or adopt existing rules

various orders issued by $S.- $oard, the disciplinary rules applicable to *entral *ivil Service are made applicable to $S.- also. 1egarding Group EA,F their absorption is not over. 0ence there is not change in existing procedure. 1.+ The provision to Article 409 of the constitution, empowers the "resident of ,ndia to ma#e rules for regulating the recruitment and conditions of persons appointed to "ublic)Services and "osts. These rules are <ustifiable and statutory ones. &n one hand, Government have laid down detailed rules governing the conduct and behavior of the Government mployees, violation of which can be dealt with severely. &n one other hand, special safeguards have also been provided for their legitimate service interests and to enable them to see# redress of their grievances through appeal, petitions and memorials to higher authorities in the organi'ation. Dhile Government servants conduct rules tether them to the yo#e of discipline and devotion to duty, the *.*.A. rules provide the frame wor# of disciplinary procedures to ensure that individual pre<udice or arbitrariness does not ta#e the place of fair and impartial assessment of the gravity of the lapses, acts of omissions and commissions on the part of the delinBuent Government servants. Therefore, while the **S 5*onduct6 1ules 19:8 have an administrative aspect, the **S5**A6 rules 19:= have a protective feature.

1.4

Article411 of the constitution, as a measure to protect the service rights of Government servants stipulatesH 1. .o "erson, who is a member of civil service of /nion or State, and holds a Government post, shall be dismissed or removed by authority sub) ordinate to that by which he was appointed. +. .o such person, as aforesaid, shall be dismissed or removed or reduced in ran#, expect after an inBuiry in which he has been informed of charges against him and given a reasonable opportunity of being heard in respect of these charges.

1.8 i.

Articles 411 5+6 of the constitution guarantees reasonable opportunities to a public servant and ensures) An opportunity to deny his guilt and establish his innocence which he can only do if he is told what the charges leveled against him are and the allegations on which such charges are based. ii. An opportunity to defend himself by cross)examining the witness produced against him and by examining himself or any other witness in support of his defence.

1.= The **S 5**A6 1ules, as the nomenclature suggests, are the rules classifying the various central services, and also provide a control mechanism in the form of a serial structure of authorities who would command the loyalty and devotion to duty of those wor#ing under their supervisory charge and also ensure at all times, that their conduct is not unbecoming of any excessive exercise of delegated authority or individual caprice and arbitrariness, these rules also provide a redressal system in the form of authorities in their respective spheres. 1.: These rules are statutory rules and the exercise of the disciplinary powers under, them is of a Buasi)<udicial nature. A Buasi)<udicial inBuiry may depart from the usual forms of legal procedures or from rules of evidence, but it can not depart from the principles of natural <ustice. ,ts decisions

have the forces of law, but are not open to review by law court, if it has functioned within the authority of the rules of procedures relevant to the enBuiry and that the principles of natural <ustice have been generally adhered to.

2.*

P$)"()+,-. %/ N0#'$0, J'.#)(The principles of .atural Austice are certain rules, fundamental to dispensation of <ustice. G.atural Austice? simply stated, is fair play in action. ,n other words, it is the natural sense of what is right or wrong. These principles are not codified rules and can not be represented by rigid formula. $ut it shall be fallacious to thin# that they are vague and incapable of being put into practice. The application of the doctrine of natural <ustice depends upon the nature of <urisdiction conferred upon the administrative authority, upon the character of the rights of the persons affected the scheme and policy of the stature and other relevant circumstances. The aim of the rule of natural <ustice is to secure <ustice or to put it negatively to prevent miscarriage of <ustice.

2.1

There are two principles of natural <ustice. These are i. G.o one shall be a <udge in his own cause?. ,n other words, the persons deciding the matter must not have any thing li#e personal interest in the case. ii. G0ear the other side? i.e. the accused person must have adeBuate opportunity to present his defence and prove his innocence. 5These rules can also be summari'ed up as E,mpartialityF EfairnessF The explanations of these two principles are given below. and

2.2

!)$.# P$)"()+,The rules against $ias)$ias in a case arise from pecuniary or personal interest of the person who decides, it means that any person who is called

upon to try issues in <udicial or Buasi <udicial proceedings must be able to act <udicially, impartially, ob<ectively and without any bias. ,n such case the test is not whether in fact a bias has affected the <udgment, the test always is whether a litigant could reasonably apprehend that a bias attributable to the person holding enBuiry might have operated against him in the final decision of the enBuiry officer. ,t is often said that EAusticeF must not only be done but must also appear to be doneF. "ersonal interest can be of two types) official or personal. &fficial bias is present when a person acts as a party and also as a <udge in the same cause in his official capacity or sits in appeal over his own <udgment. ,nstances of some bias are) 16 Dhen a person himself concerned with a matter acts as a disciplinary authority. +6 ,t may arise out of close familiarity. 46 ,t may be suggested by bad faith or ill will operating on the mind of the disciplinary authority. 86 Dhere the officer is acting with a view to satisfying some private or personal grudge against him =6 Dhen the decision ma#ing authority had pre)<udged the issue and expressed his opinion before hand. :6 Dhen the authority relies more on his personal #nowledge of the matter than on the ob<ective and impartial assessment. 2.3 S-(%"& P$)"()+,R',-. $-,0#)"1 #% +$%+-$ 2-0$)"1. This rule have two ingredients, namely, a proper notice and a reasonable hearing. This is the right of every person whose conduct is to be inBuired

in to. The reBuirements of reasonable hearing were beautifully summed up by a Audge in his <udgment, as) >irstly, , thin# that the person accused should #now the nature of accusation madeH secondly, that he should be given an opportunity to state his caseH and thirdly, of course, that the tribunal should act in good faithFI The right to be heard does not necessarily include a right to be heard personally. Sometimes it may be sufficient in a particular case the said opportunity be given by personal hearing or by written representation shall depend upon facts of each case and is ordinarily, is the discretion of the tribunal.

2.4

A++,)(03),)#4 #% &).()+,)"0$4 +$%(--&)"1. The disciplinary proceedings are Buasi)<udicial in nature. 0ence, principle of natural <ustice are fully applicable to these proceedings.

2.5

A++,)(03),)#4 #% A&5)").#$0#)6- 50##-$. The principles of natural <ustice are also applicable to the administrative proceedings which involve civil conseBuences.

2.6

T2- $',-. %/ "0#'$0, 7'.#)(- 1-# 6)%,0#-& 82-$The inBuiry is confidential and is held ex)party or the witnesses are examined in the absence of accused officer. The inBuiry officer has a personal bias against the person charged.

2.9

A" inBuiry must be conducted in accordance with the principles of natural <ustice. ven correct conclusions and orders are upset in courts, because, with xplaining the scope of the principles there has been violation of natural <ustice or non compliance important procedural reBuirements.

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of natural <ustice the Supreme *ourt observed, while delivering a <udgement in a case that) The rules of natural <ustice reBuire that a party should have the opportunity of adducting all relevant evidence on which he relies, that the evidence of the opponent should be ta#en in his presence and? that he should be given opportunity of cross) examining the witnesses examined by that party and that no material should be relied against him without his given an opportunity of explaining them.F The courts are powered to intervene in enBuiries if principles of natural <ustice are violated. 2.: Though the 0igh *ourts and the Supreme *ourts have original <urisdiction in the matter of enforcement of fundamental rights of citi'ens, they have no review powers with regard to the <udgments of the disciplinary, appellate, or inBuiry authority, unless it is the case of the aggrieved Government servant thatH) 1. >undamental rights have been infringed in his case. +. 4. 8. nBuiry is conducted without bias and vindictiveness, disclosing predisposition and pre)<udgment of the issue involved. nBuiry officer is ob<ective and dispassionate. vidence is gathered by giving adeBuate opportunity to the charged officer to cross examine the party concerned and that the evidence is recorded in his presence. =. ,nBuiry officer does not bring any outside information to influence him in his decision or relies on his own evidenceH and that the :. *onclusion is wholly based on evidence and there is not misreading there)of. 2.; &nce a decision 5<udgment6 has been given by a disciplinary authority, the court can only Buestion whether or no reasonable opportunity was given to the accused Government servant or whether the principles of natural <ustice were observed in the inBuiry to prove the charge. 3. DISCIPLINARY CASE ORIGIN 11

3.1

3isciplinary case arises from two main sources. 1.*ases involving vigilance angle and +.*ases having no vigilance angle and which relate only to administrative lapsesI including acts of omissions and commissions, gross negligence and lac# of devotion to duty and so on.

3.2

%igilance cases J are those cases where Gmoral)turpitude? or personal malafides of the officials are involved. .ormally, offences which have an element of dishonesty, cheating, misappropriations, theft, exertion etc., which an honest man will not do, are considered as involving E!oral) turpitudeF.

3.3

%igilance cases come to light on receipt of complaints or information through various sources li#eH) 1. *omplaints received by administrative authority. +. *omplains received by central vigilance commission. 4. *omplaints received by *$, or information gathered by *$, or the "olice Authorities. 8. 3epartmental inspection reports and stoc# verification surveys. =. Scrutiny of annual property return statements of the officials. :. Scrutiny of transaction reported under the conduct rules. C. 1eport of any irregularity in accounts, revealed in the routine audit of accounts i.e. tempering with records, over payments, misappropriation of money and materials. @. 1eport of "arliamentary *ommittees li#e the estimates committee on "ublic /nderta#ings. 9. "roceedings of the two 0ouses of "arliament. 10. *ompliants and allegations appearing in the press. 11. 1eports of the inspection authorities.

3.4

The disciplinary cases may arise because ofH) 1. 3ereliction of duty.

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+. ,rresponsibility 4. !isbehaviour, with senior(<uniors or colleagues or public, in the course of discharge of official duty. 8. 1efusal to carry out lawful command. =. Tampering with official records. :. %iolating the established administrative procedure with the intention of favoring some one. C. xceeding the limits of administrative power vested in the Government servant. @. ,ndulging in acts which either hinder or man the efficiency of the officer or cause disaffection among other Government servants or incite them to commit acts destructive of the laws and procedures established by convention. 3.5 ,n short, a vigilance or a disciplinary case may arise when ever a Government servant fails toH 1. !aintain integrity, 5vigilance aspect6 +. !aintain devotion to dutyH 4. nsure the integrity and devotion to duty, of all Government servants, for the time being, placed under his control and authorityH 8. *onduct as per conduct 1ules, and thus does any thing, which is unbecoming of a Government Servant. =. "erform his official duties or exercise the powers administrative, financial or disciplinary, conferred on him, except to the best of his <udgment. 4. D-().)%" #% .-# '+ -"<')$4 4.1 =2-$- 6)1),0"(- 0"1,- ). )"6%,6-&. 1. %igilance cases are also dealt with by many other agencies li#e *$,, S">,*%* etc. Thus the tas# of the disciplinary authority has become much easier.

1&

+. As soon as a complaint is received, a decision has to be ta#en whether or not to enBuire into the allegations contained in the compliant. &nce a decision is ta#en to investigate the compliant, it has got to be decided whether to enBuire into the allegations, departmentally, or whether to entrust the tas# to the "olice authority. 4. As a general rule, allegations involving bribery, corruption, forgery, cheating, criminal breach of trust, falsification of recordsH possession of assets disproportionate to #nown sources of income, or cases reBuiring expert police investigations i.e. where enBuiries have to be made from non official persons or agencies or records of private have to be consulted, should be entrusted to the *$,. 4.2 D-+0$#5-"#0, (0.-.> 1. ,n cases where the allegations relate to misconduct which is capable of verification or enBuiry within the department or office ,the investigations should be made departmentally. +. After it has been decided to loo# into the complaints, departmentally, the %.&. should proceed to ma#e a preliminary enBuiry to determine whether a prima)facie case is there. ,f the preliminary inBuiry established that there is a Gprima)facie? case, regular departmental proceedings are instituted as per **S5**A6 1ules. ,n the case of the investigations carried out by the *$,(S">, action is ta#en on the basis of their recommendations, which are generally accepted. 4. ,n the case of non)ga'etted Government servants the *$, send their reports directly to department concerned as *%* is not involved in their cases. 8. ,n the case of the ga'etted officer the *$, sends the reports of their investigations to the *%* with a copy to the department concerned. The department with its comments on the report of *$, (S"> and the comments of the 3epartment, ma#es the following recommendations, which are generally accepted and action ta#en to)

15

) -aunch prosecution ) Start ma<or penalty proceedings ) Start minor penalty proceedings. ) Ta#e administrative action such as issuing warning or caution etc. ) To drop the case. 5. P-"0,#)-. The following penalties may, for good and sufficient reasons, be imposed on a Government servant. 5.1 M)"%$ +-"0,#)-. 1. *ensure +. Dith holding of his promotionH 4. 1ecovery from pay against whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders. 8. Dith)holding of increments of pay. =. 1eduction to a lower stage in the time) scale of pay for a specified period, not exceeding 4 years, without cumulative effect and not adversely affecting his pension. 5.2 M07%$ P-"0,#)-. 1. 1eduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing further increments. +. 1eduction to lower time scale of pay, grade, post or service which shall ordinarily, be a bar to the promotion of the Government servant, to the time scale of pay, grade, post or service, from which the Government servant was reduced with or without directions regarding conditions of restoration to the grade or post or service from which Government

1<

servant was reduced, and his seniority and pay, on such restoration to that grade post or serviceH 4. *ompulsory retirement, 8. 1emoval from service, which shall not be a disBualification for further employment under the Government. 5.3 The following shall not amount to a penalty of ma<or or minor types. ) with holding of increments of a Government servant for his failures to pass any departmental examination reBuired to do so. ) Stoppage of a Government servant at the efficiency bar, in the time)scale of pay, on the ground of his unfitness to cross the bar. ) .on)promotion of a Government servant, whether in a substantive or officiating capacity, after consideration of his case to a service, grade or post for promotion to which he is eligible. ) 1eversion of a Government civil servant officiating in a higher service grade or post to a lower one, on the ground that he is considered unsuitable on any administrative grounds unconnected with his conduct. ) 1eversion from the grade appointed on probation, to his permanent grade in accordance with his terms of appointment. ) *ompulsory retirement in accordance with the provision, relating to his superannuation or retirement. B 5.4 Termination of service as per terms and conditions. A Government servant can be proceeded against, with a view to impose on him any one of the penalties, depending on the gravity of the charges established through the process of inBuiry. 5.5 "roceedings for imposing ma<or penalties may be started in the following types of cases in which there is reasonable ground to believe that a penal offence 5as covered by ,"*6 has been committed but the evidence forth) coming is not sufficient for launching a prosecution in a *ourt of -aw. ,n such cases the detailed inBuiry is necessary for imposition of ma<or penalties. 16

1. 3is)proportionate assets. +. ,llegal gratification)bribery etc. 4. !isappropriation of Government property, stores, money, facility etc. 8. &btaining pecuniary advantage without consideration. =. >alsifications of records, documents, accounts etc. :. Gross irregularity or negligence in discharge of duties with dishonest motives. C. !isuse of official position for personal advantage. @. >alse claim of T.A. , medical bills, -T* etc. 9. 3isclosure of official secrets coming under the mischief of &fficial Secret Act 19+4. 6. R',-. #% 3- /%,,%8-& /%$ )5+%.)"1 +-"0,#)-. 6.1 &n receipt of all the relevant papers connected with the preliminary enBuiry, the competent authority should ta#e a decision whether the proceedings should be initiated for ma<or or a minor penalty. ,n cases, in which the authority decides that proceedings should be initiated for imposing a minor penalty, the authority will inform the Government servant concerned, in writing, of the proposal to ta#e action against him, in the form prescribed, accompanied by a statement of imputations of misconduct or misbehavior, for which action is proposed to be ta#en, giving him such time as may be considered reasonable, ordinarily not exceeding ten days, for ma#ing such representation as the Government servant may wish to ma#e against the proposal. The memorandum should be signed only by the disciplinary authority, except when this power has been delegated to other authority, constitutionally or legally. 6.2 The grounds on which it is proposed to ta#e action should be reduced to the form of a definite charge or charges. The charges should be clear, specific and precise. A separate charge should be framed in respect of each separate offence. ,t is desirable that the charges should not be of a petty nature or unnecessarily numerous. They should not, except where the charge is one of inefficiency or incompetence, relate to matters which 1@

have already been the sub<ect of previous official enBuiry and decision. *are should be ta#en that no expression of opinion as to the guilt of the accused official is contained in the wording of the charge. A charge may be framed only when there is some act in violation of the rules in different service manuals, *.*.S. 5*onduct6 1ules different circulars or general letters issued. ,t is, therefore, of greater importance to Buote that rule or order in support of the charge, invariably, the breach of which has constituted the charge. 6.3 The statement of allegations on which these charges are based should contain a dispassionate and ob<ective enumeration of the order of events or succession of facts, or any other corroborative materials on which it is proposed to rely for bringing home the charges. *are should be ta#en that no opinion or anything that can be constructed as an opinion, as to the guilt of the official, should appear therein. 6.4 1ules 1: does not provide for the accused Government servant being given the facility of inspecting records for preparing his written statement of defence. There may, however, be cases in which documentary evidence provides the main grounds for the action proposed to be ta#en. servant in preparing his representation. on merits. 6.5 After ta#ing into consideration the representation of the Government servant if any, the disciplinary authority proceed to record its findings on each imputation of misconduct or misbehavior. ,f, as a result of examination of the case and after ta#ing the representation made by the government servant into account, the disciplinary authority is satisfied that the allegations have not been proved, the Government servant may be exonerated. An intimation of such exoneration has to be sent to the Government servant, in writing. ,n case, the disciplinary authority is of the The denial of access to records, in such cases, may handicap the Government 1eBuests for inspection of records, in such cases, has to be considered by the disciplinary authority,

1A

opinion that the allegations against the Government servant stand substantiated, it may proceed to impose upon him, any of the minor penalties specified in 1ule 11, which it is competent to impose. 6.6 The disciplinary authority may, if it thin#s fit, in the circumstances of any particular case, decide that an enBuiry should be held in the manner laid down in sub rules 546 to 5+46 of 1ule 18, all the formalities beginning with framing of articles of charge, statement of imputations, etc., will have to be gone through. 6.9 ,f, in a case, after considering the representation made by the Government servant, it is proposed to withholds increments of pay and such withholding or increments is li#ely to affect, adversely the amount of pension payable to the Government servant or to withhold increment of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, the enBuiry envisaged in 1ule 18 of the **S 5**A6 1ule has to be held before ma#ing any order imposing on the Government servant any such penalty 6.: Dhere, it is considered after the conclusion of disciplinary proceedings that the officer concerned should be penali'ed, the penalty of censure at least should be awarded. 6.; Dhen the intention is to issue a fresh charge)sheet, later, the order canceling the original one or dropping the proceeding should be carefully worded so as to mention the reasons for such an action and indicating the intention of issuing a subseBuent charge)sheet, appropriate to the nature of charges. 6.1* H%,&)"1 %/ 0" )"<')$4? 82-" &-50"&-& 34 #2- &-,)"<'-"#> /nder the rules 1:516of the **S 5**A6, it is discretion of the disciplinary authority either to accept the reBuest or re<ect it. ,n doing so, disciplinary authority should apply its mind closely to all facts and circumstances and arguments advanced by the delinBuent in the representation. ,f the disciplinary authority, after due consideration, comes to the conclusion

1;

that an inBuiry is not necessary, he should say so in writing, indicating the reasons, otherwise, it will be considered as denial of natural <ustice. 9. G-"-$0, P$%(-&'$- /%$ )5+%.)"1 +-"0,#)-. 9.1 P$-,)5)"0$4 I"<')$4> 1. Dhenever an intimation is received about the commission of an offence by an employee, a preliminary inBuiry is conducted. +. The preliminary, inBuiry is in the nature of fact)finding inBuiry. investigation report The along with preliminary evidences are collected by The officer

appropriate authority to come to a decision whether G"rima)facie case? exists for initiation of formal disciplinary proceeding. openly, of the merits or the final outcome of the case. 4. At this stage it is <ust to find out whether a certain offence ( misconduct ( misbehavior ( dereliction of duty exists, and against the concerned Government servant a Gprima)facie? case is established, beyond reasonable doubts. 9.2 INITIATION O! PROCEEDINGS &nce a decision has been ta#en, after a preliminary enBuiry, that a prima facie? case exists and that the formal disciplinary proceedings should be initiated against the delinBuent, the disciplinary proceedings are started under 1ule 18 5ma<or6 or 1ule 1:5!inor6 of the **S 5**A6 1ules. The choice of the rule will be determined, largely, by the nature of the penalty considered <ustified in a particular case. :. PROCEDURE !OR IMPOSING MINOR PENALTIES (UNDER RULE 16 O! CCS (CCA) RULES) :.1 &nce the decision for imposing minor penalties is ta#en, the following steps are ta#en) responsible for the decision should ta#e care not to express, any opinion

20

1. The employee is informed, in writing, of the proposal to ta#e action against him and imputation of misconduct or misbehavior on which it is proposed to be ta#en. +. 0e is given an opportunity of ma#ing such representation as he may wish to ma#e against the proposal. 4. 0is representation, if any submitted, is considered before the penalty is imposed. 8. ,f the employee ma#es a reBuest for inspection of some official documents before submitting his reply, his reBuest should be considered and he should be allowed access to the records relevant to his defence, for ta#ing extracts as he li#es. =. Suitable extension of time for submission of his representation should be allowed in deserving cases. :. The final order should be a spea#ing order so that the employee concerned can #now the process of reasoning which lead to the penal action against him. :.2 The detailed inBuiry is necessary for imposing minor penalties in the following cases) 1. when the disciplinary authority is of the opinion that such an inBuiry is necessary in the circumstances of the case. +. when the oral evidence forms a substantial part and the witnesses have to be examined for recording the oral evidence. 4. Dhen the employee concerned ma#es a reBuest for holding detailed inBuiry in order to afford him a proper opportunity of defence. Such a reBuest is considered ob<ectively. ,f such a reBuest of the charged employee is re<ected, a spea#ing order should be made. 8. Dhen the penalty imposed is technically minor but its effects are Buite grave, such as) a6 Dhere it is proposed to withhold increments of pay which is li#ely to affect adversely the amount of pension payable to the Government servant.

21

b6 Dhere the proposal is to with ) hold increments of pay for a period exceeding three years. c6 Dhere the proposal is to withhold the increment of pay with cumulative effect for any period. ;. PROCEDURE !OR IMPOSING MAJOR PENALTIES 9.1 /nder clause 5+6 of article 411 no person who is a member of a civil service of the /nion or an All ,ndia Service or holds a civil post under the union, shall be dismissed or removed for reduced in ran# except after an inBuiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. ;.2 CHARGE SHEET As soon a decision has been ta#en by the competent authority to start disciplinary proceedings for a ma<or penalty, that authority will draw up the charge)sheet in the form prescribed, duly accompanied by a statement of articles of charges, statement of imputations of misconduct or misbehavior in support of the articles of chargesI list of documents with which the articles of charge framed are proposed to be sustained and list of witnesses by whom the articles of charge framed are proposed to be sustained. The memorandum should be signed by the disciplinary authority, except when this power has been delegated constitutionally or legally. ;.2.1 A charge may be described as the essence of an allegation, setting out the nature of the accusation in general terms, such as negligence in the breach of conduct rule, etc., The articles of charge should be framed with great care. ach charge should be expressed in clear and precise terms and should be expressed in clear and precise terms and should not be vague. !any times, proceedings have been held void because either the charge)sheet contained the allegations, which had been disposed)off in earlier proceedingsI or that there was no concordance in the narration of

22

fact and so on. A charge should be reduced to writing and should indicate the misconduct in specific terms such as act of) 1. ,nsubordination, disobedience, uncivili'ed and discourteous behavior with member of the public. +. *arefulness, negligence in the performance of official duties and control and supervision of staff. 4. *ausing financial loss or unnecessary expenditure to Government. 8. >alse and improper maintenance of accounts, falsification and fabrication of records. =. Accepting substandard wor# below specification, or norms. :. xtending undue financial benefits to contractors, corrupt practices and so on. ;.2.2 The following guide)line will be helpful in framing a charge)sheetI 1. A separate charge should be framed in respect of each separate transaction(event or a series of related transactions(events amounting to misconduct(misbehavior. +. ,f the transaction(event amounts to more than one type of misconduct, then all the misconducts should be mentioned. 4. ,f a transaction(event shows that the Government servant must be guilty of one or the other of misconducts, depending on one or the other set of circumstances, then the charge can be in the alternative. 8. !ultiplication or splitting up of charges on the basis of the same allegation is to be avoided. =. The wording of the charges should not be appear to be an expression of opinion as to the guilt of the accused. :. A charge should not relate to a matter which had already been the sub<ect)matter of an inBuiry resulting in conviction(punishment(acBuittal(exoneration, unless it is based on benefit of doubt or on technical consideration. C. A charge should not refer to the report on preliminary investigation.

2&

@. The articles of charge should first give plain facts and then mention the nature of misconduct(misbehavior. 9. There is no bar to include all charges of violation of departmental rules as well as criminal offences which can be ta#en up departmentally, e.g., misappropriation of Government money, defalcation and theft of departmental materials etc. ,n the case of departmental proceedings, reference to various clauses of the ,ndian "enal *ode should be avoided. The proceedings should be based on the failure to observe departmental rules and regulations. >or instance, the case of theft of a registered or insured article, is a failure to account for the article entrusted to him. ,n fact, framing of charges sheet is a vide and speciali'ed wor# and cannot be covered in the class room lecture in an hour or two. ,t is, therefore, suggested that you should familiari'e your self with the relevance provisions of the E*ode of *riminal "rocedures 19C4F contained in Section +11 to ++8, read with sections +:8 there of, which deal with the sub<ect matter of framing of charges.

;.2.3 1ule 4 516 of the *entral civil Service 5*onduct6 1ules, 19:8, provides that a Government servant shall, at all times, maintain absolute integrity and devotion to duty and do nothing unbecoming of a government servant. This rule serves the specific purpose of converting acts of misconduct, not covered by other specific provisions of the rules. ,t is, therefore, necessary to satisfy in the first instance, whether the alleged acts of misconduct do not attract the provisions of any specific rule before ta#ing recourse to 1ule 546 516 ibid. where action is ta#en under rule 4 516, particularly on grounds of unbecoming conduct, special care should be ta#en to eliminates cases of a trivial nature and to ensure that disciplinary proceedings under 1ule 4 516 are not initiated on grounds which are un<ustified.

25

;.2.4 The statement of imputation should give a full and precise recitation of the specific and relevant acts of commission or omission on the part of the Government servant in support of each charge including any admission or confession made by the government servant, and any other ,n circumstances which it is proposed to ta#e into consideration.

particular, in case of misconduct( misbehavior, it should mention the conduct(behavior expected or the rule violated. ,t should be precise and factual. ;.2.5 The list of witnesses should contain the names of those witnesses who will be able to give positive evidence to substantiate the allegations. All material particulars given in the allegations, such as dates, names figures, total of amounts, etc. should be carefully chec#ed with reference to the original documents and records, before such documents are included in the list of documents. ;.2.6 Dhen disciplinary proceedings are initiated on the compliant of a private party, there should not normally, be any necessity to indicate the name of the complainant unless he is a material witness in the case. Dhen, however, proceedings are initiated on the basis of the evidences collected after ma#ing investigations into the compliant, there should not be any necessity to indicate the name of the complainant. ;.2.9 The charge sheet, together with its enclosures should be served in person if he is on duty, and his ac#nowledgement ta#en. ,f the government servant evades acceptance of the charge)sheet and(or refuses to accept the registered cover containing the same, the charge)sheet will be deemed to have been duly delivered on himI as refusal of a registered letter, normally, tantamount to proper service of its contents. ,f it is not possible to trace the Government servant and serve the charges on him, the disciplinary authority may ta#e recourse to rule 19 5ii6 and finalise the proceedings after dispensing)with the inBuiry on the ground that it is not reasonably practicable to hold one.

2<

;.2.: 1ule 18 586 is not intended for submission of any elaborate statement of defence but only to give an opportunity to the government servant to admit or deny his guilt. >or admitting or denying the charges, no inspection of documents is necessary. 0ence, the rules do not provide for inspection of documents by the accused officials for the submissions of his written statement at this stage. ,f the charges are admitted, there will be no need to hold an inBuiry. ,f not so, an inBuiry will be held at which the government servant will be provided with the fullest opportunity to inspect and ta#e extracts of various documents. ;.2.; ,f the delinBuent, in reply to the charge)sheet, tenders an unconditional, unBualified and unreserved apology and thus owns his guilt, it implies that he is admitting the charges and is begging to be excused. Such an unconditional apology can be easily distinguished from one in which the delinBuent while politely denying the charges, begs for pardon. say that it is implied in his statement. ;.2.1* ,f, in the written statement of defence, all the charges are admitted by the government servant, the disciplinary authority may ta#e such evidence as it may thin# fit, record its findings on each charges and ta#e further action on the findings. ;.2.11 ,f the disciplinary authority finds that any or all the charges have not been admitted by the government servant in his written statement or if no written statement of defence is received by the specified date, the disciplinary authority, may itself inBuire into such charges which are not admitted, or appoint an ,nBuiry &fficer to inBuire into the truth of the charge. /nless unavoidable, the disciplinary authority should refrain from being the ,nBuiry &fficer. ;.3 EN@UIRY O!!ICER The admission should, however, be expressed in writing. ,t is not sufficient to

26

9.4.1 Dhile appointing a separate ,nBuiry &fficer the following points are to be borne in mind. ,n ma#ing a selection, the disciplinary authority should pay due regard to the seriousness of the alleged offence and also to the status of the accused officer. ,n fairness to the accused officer, as well as to the ,nBuiry &fficer, the enBuiry should not be entrusted to an officer who held the preliminary inBuiry and expressed a definite opinion on the allegations. ,t has been held desirable that only unbiased officers are appointed as ,nBuiry officers. There is no bar to the immediate superior officer holding an inBuiry but, as a rule, the person who underta#es this tas# should not be suspected of any pre<udice or bias in such cases. The inBuiry should be conducted by an officer who is sufficiently senior to the officer whose conduct is being inBuired into, as inBuiry by a <unior officer can not command confidence which it deserves. 9.4.+ According to the existing instructions, an application can be moved by a Government servant against the appointment of a particular ,nBuiry officer, on grounds of bias. This should obviously be done at the earliest stage, i.e. soon after the appointment of the inBuiry officer and not after the proceedings have commenced and reached an advanced stage, unless there are compelling grounds. ,f any application is moved, the proceedings should be stayed and the application referred, along with the relevant materials to the appropriate reviewing authority, for consideration on merits. As the rules stand at present, it is not possible to deny to the Government servant, the right to as# for review of any order issued under **S 5**A6 1ules. 9.4.4 ,f an inBuiry officer is changed in the middle of a case, or if a case is transferred to another ,nBuiry &fficer, then it is within the discretion of the ,nBuiry officer to hear the case de)novo or from the stage which it had reached, #eeping in mind the fact that the charged officer must receive fair and <ust treatment, consistent with avoidable waste of times.

2@

9.4.8 ,nBuiry proceedings should not be stayed except under orders of a court, or under the written orders of the disciplinary authority, or when the application is made, as referred to in paragraph C.1= above. 9.4.= The disciplinary authority, at this stage may also nominate a presenting officer who would present on its behalf, the case in support of the articles of charge. &rdinarily, a Government servant belonging to the ,n cases involving complicated points of law, departmental set)up, who is conversant with the case, will be appointed as the "resenting &fficer. where it may be considered desirable, a legal practitioner may be appointed to present the case on behalf of the disciplinary authority. ,n case in which the initiation of disciplinary action is the result of investigation made by the special "olice ob<ection to an official of that "resenting &fficer. ;.4 D-/-"(- A..).#0"# 1. /nder the rules, the accused officer has also the right to ta#e the assistance of another government servant or one under suspension or an retired Government servant who has retired from service within a period of three years, to present the case on his behalf. >or this purpose, the accused officer is not reBuired to ta#e prior permission of the disciplinary authority. 0e need send only an intimation to this effect to the disciplinary authority. ,t is, however, necessary for the Government servant nominated to assist the accused officer, to obtain the permission of his controlling authority, to absent himself from office in order to assist the accused government servant during the inBuiry. +. The rules do not vest any discretion in the disciplinary authority regarding nomination of a government servant to present the case of the delinBuent official. .o undue restrictions should also be placed in this regard. 4. A government servant 5including one under suspension6 can not ta#e up more than three cases at a time. A retired *entral Government servant can, however, ta#e up to seven cases at a time. stablishment, there is no stablishment being nominated as the

2A

8. The retired government servant should certify that he has only seven cases on hand at that time. =. A retired Government servant cannot assist a government servant in disciplinary proceedings after expiry of three years from the date of his retirement. 0e should produce before the ,.&., a declaration regarding his date of retirement. :. ,f the retired Government servant is also a legal practitioner, the restriction on engaging a legal practitioner by the accused government servant to present the case on his behalf would apply. C. The Government servant should permitted to have the assistance of a legal practitioner if the presenting officer appointed by the disciplinary authority is a legal practitioner or a public "rosecutor. @. ,n a case where the presenting officer is not a legal practitioner, the discretion should be used in favour of the delinBuent official and he should be allowed to engage lawyers if the facts and the mass of evidence are very complicated and a layman will be at sea to understand the implications thereof and prepare a proper defence. 9. ,t should be ensured that any order refusing to allow the engagement of a legal practitioner should specifically state the circumstances of the case do not warrant such an appointment. 1* H%,&)"1 I"<')$4 10.1 To enable the ,nBuiry &fficer to hold the enBuiry, the 3isciplinary authority is reBuired to send copies of the documents as indicated belowH) 1. A copy of the articles of charge and the statement of the imputation of misconduct or misbehavior. +. A copy of the written statement of defence, if any, submitted by the government servant. 4. A copy of the statement of witnesses , if any, referred to in sub)rule 546. 8. vidence providing the delivery of the documents to the accused Government servant.

2;

=. A copy of the order appointing the E"resenting &fficerF. The original documents should normally be available with presenting officer, and only if there is no presenting officer, should be sent to the ,nBuiry officer. 10.+ &n receipt of the document, the ,nBuiry officer will send a notice to the charged officer as#ing him) )To appoint himself for a preliminary hearing at the appointed place, on a date and time, within ten daysI and )To intimate the name of his defence assistantI 10.4 At the preliminary hearing, the charged officer will be reBuired to state, categorically, whether he pleads guilty to any of the articles of charge and if he has any defence to ma#e. ,f he pleads uneBuivocally, the inBuiry officer will proceed to record his findings. ,f the charged officer fails to appear the preliminary hearing, the ,nBuiry officer may fix the dates and the place for regular hearing and send intimation under ac#nowledgement due, to reach him in good time. 10.8 The ,nBuiry officer will also record an order that the charged officer may for the purpose of preparing his defence, 5a6 inspect within five days documents, a list of which was sent to him with the charges, 5b6 submit a list of witnesses, to be examined on his behalf, with their addresses indicating what issues they will help in clarifyingI and 5c6 submit a list of additional documents which he wishes to have access to, indicating the relevance of the documents to the presentation of his case. ,f the charged officer fails to indicate and convince the ,nBuiry officer about the issues to which the deposition of his witnesses and the production of additional documents are relevant, the ,nBuiry officer may re<ect the reBuest for examining the witnesses or reBuisitioning the documents. ,f, however, he finds that the witnesses are relevant, they will be examined. 10.= There are two types of documents to which a government servant involved in departmental inBuiries !ay have a right of access in defending himself.

&0

1. 3ocuments on which the disciplinary authority relies and intended to prove the +. charges, vi'., those listed in Annexure ,,, to the charges)sheet. 4. The documents, which even though not relies upon by the disciplinary authority, are nevertheless reBuired by the government servant for preparing his defence and defending himself. 8. Dhile the right of access to the first category of documents is complete, it is not unlimited in the case of the later category. =. ,f the documents are relevant, the ,nBuiry officer will arrange to have them shown to the charged officer. ,f not relevant, he may, in writing refuse to reBuisition such documents. The Buestion of relevancy should be loo#ed at from the defence point of view. ,f there is any possible time of defence to which the document may, in some way, be relevant, the reBuest for access should not be re<ected. :. ven when the inBuiry &fficer has decided to call for documents for ma#ing them available to the charged officer, the authority having the custody or possession of the documents may, if it is satisfied for reasons to be recorded that the production of such documents would be against public interest or security of the state, inform the ,nBuiry &fficer accordingly. C. The guiding principle is that the power of access to any document must be exercise in such a way which does not prevent the delinBuent from defending himself adeBuately and does not cause him any pre<udice. 10.: ,t is not, ordinarily, necessary to supply copies of the various documents and it would be sufficient if the Government servant is given such access as is permitted under the rules and instructions. view of the provision in .ote below 1ule 18 5116 Supply of copies of previous statements of witnesses, is, however, necessary in

&1

10.C

&n the date and at the time fixed for the inspection of documents, the charged officer will be given facilities to see them. The inspection will be in the presence of an officer deputed for the purpose and it should be ensured that the documents are not tampered with during the course of inspection. The charged officer may #eep notes of extracts, but will not be allowed to ta#e "hotostat copies. The ,nBuiry &fficer may, however, arrange to supply "hotostat copy, in case he decides that authenticity of any document is in doubt.

10.@

3uring the inBuiry, the "resenting &fficer will produce all documentary evidence and also have his witnesses examined. .ormally, the "resenting &fficer should himself ensure that his witnesses are present. 0e may, in appropriate case, have summons issued by the ,nBuiry &fficer, through registered post ac#nowledgement due. ,f any person is summoned in his official capacity, the notice should be served through the controlling authority. .otice to private witnesses may be sent direct to them or through the "resenting &fficer or the charged officer, as the case may be. A government servant cannot refuse to be a witness in an enBuiry against another Government servant. rendering himself liable for disciplinary action. .on compliance to summons can be treated as conduct unbecoming of the public servant

10.9

xamination of witnesses, departmental as well as defence, and recording of evidence, is the important stage for the inBuiry officer to watch the demeanour of the witnesses. xamination of witness will be in three parts) Gexamination)in chief?, Gcross)examination? and Gre) examination?. The cross examination of witnesses produced in support of charges against Government servant is the most powerful weapon in his hands and is also a very valuable right. ,t has been held that this right is a safeguard implicit in Article 411 5+6 of the construction.

10.10

Although, the rules of evidence contained in the

vidence Act are not

applicable to departmental proceedings in the absence of any explanation given to the term E*ross)examinationF in the departmental

&2

rules and instructions, it has been held that it should, ordinarily, bear the same meaning as it has in the evidence Act, Gunless any part of such meaning can be shown to be artificial and not warranted by the rules of natural <ustice.F. Though, leading Buestions 5i.e. , any Buestions suggesting the answer which the person putting it wishes or expects to receive, is called a leading Buestion6 are permissible in cross) examination, they cannot be put in examination in chief or in re) examination. >urther, the scope of cross)examination is unlimited and need not be confined to the testimony of the witness in the chief examination. They may cover the entire fields of defence. They must, however, be relevant to the facts of the case relate to the credibility of the witness or the evidence given by him. 10.11 &n the contrary, the re)examination, which comes after cross) examination, should be confined only in the matters arising out of the cross)examination. The witness cannot be examined on any new fact, except with the permission of the ,nBuiry &fficer and when such a permission is granted, the delinBuent will, automatically, have a right of further cross)examination on the points newly brought out. At the end of examination of each witness, the ,nBuiry &fficer may also put such Buestions as he thin#s fit. 10.1+ Admitted documents and facts can be ta#en note of, straightway. arlier, written statement, if any, given by specifically Buestioned whether he admits the same or not. ,f he does so, the statement may be mar#ed as an exhibit and the charged officer as#ed to proceed with cross)examination. The "resenting &fficer should produce documents, which are disputed, through witnesses. 10.14 After the examination is over, the witnesses may be cross)examined by the charged officer or his defence assistant. This cross)examination is, generally, utili'ed to bring out facts which have not come out in the examination, to remove any discrepancies to prove the reliability or otherwise of the witnesses. ,t is the duty of the inBuiry officer to see that

&&

witnesses understand the Buestion, properly and, to protect them against unfair treatment. 0e should disallow Buestions, if considered irrelevant, oppressive or verbose. 10.18 After the cross)examination, the "resenting &fficer can re)examine his witnesses on any point on which he has been cross)examined, but not on any new matter, unless specially allowed by the ,nBuiry &fficer, in which case, the charged officer will have the right to further cross) examine the witness. 10.1= At the discretion of the ,nBuiry &fficer and before the close of the case, on behalf of the disciplinary authority the "resenting &fficer may produce new evidence not included in the original lists supplied to the accused officer, only when there is an inherent lacuna or defect in the evidence which has been produced originally. .ew evidence shall not be permitted or called for or any witnesses shall not be recalled to fill up any gap in the evidence. Similarly, the ,nBuiry &fficer may himself call for new evidence or recall and re)examine any witnesses. 10.1: After the witnesses, on behalf of the disciplinary authority, have been examined, the Accused &fficer will be reBuired to state his defence, orally or in writing. 0e is entitled to produce evidence in support of his defence by discussing himself, or through any witness to be produced by him. The charged officer or his defence assistant will proceed to examine his witnesses, who will then be cross)examined by the "resenting &fficer and, if necessary, re)examined again. Though the charged &fficer cannot be forced to give evidence, if he offers himself as his own witness, he can be examined by the defence assistant and cross)examined by the "resenting &fficer. 10.1C &n conclusion of the case, the ,nBuiry &fficer may, generally, Buestion him on the evidence for the purpose enabling the Government servant to explain any circumstances appearing in the evidence against him. Thereafter, the "resenting &fficer as well as the Accused &fficer have &5

the opportunity to state their respective cases, orally, or to file written briefs, if they so desire. .ormally, the ,nBuiry &fficer has to hear the arguments that may be advanced by the parties after their evidence have been closed. 0e can, however, on his own or on the desire of the parties, ta#e written briefs. ,f he does so, he should first ta#e the brief from the "resenting &fficer, supply a copy of the same to the Government Servant and ta#e the reply brief of the latter. 10.1@ The entire proceedings conducted by the ,nBuiry &fficer should be reduced to writing. The record would include the names of all those present on each hearing. The ,nBuiry &fficer should invariably, record a note on very day, stating the gist of the reBuest or representation made by the "resenting &fficer or the Government servant and the orders passed thereon. inBuiry. Such notes should form part of the record of the The depositions of each witness is to be ta#en down on a

separate sheet of paper, at the head of which will be entered the number of the case, the name of the witness and information as to his age, parentage and calling etc., to identify him. The depositions will, generally be recorded as narration, but on certain points it may be necessary to record the Buestions and answers verbatim. As evidence of each witness is completed, the ,nBuiry &fficer will read the depositions, as typed or written, to the witness in the presence of the Government servant. %erbal mista#es in the depositions, if any, will be corrected in their presence. 0owever, if the witness denies the The correctness of any part of the record, the ,nBuiry &fficer may, instead of correcting the evidence, record, the ob<ection of the witness. depositions of the witnesses are to be countersigned at every page by the witnesses concerned, thus validity of the proceedings are not Buestioned by any one, at a latter date. The ,nBuiry &fficer will record and sign the following certificate, at the end of deposition of each witnessH

&<

E1ead over to the witness in the presence of the Government servant and admitted as correct(ob<ection of witness recordedF. 10.19 *opies of statements of witness recorded, day)to)day, should be furnished to the Government servant and to the presenting &fficer each day at the close of the day?s proceedings, and acBuaintance obtained. 10.+0 The ,nBuiry &fficer will maintain a daily order)sheet to record, in brief, the business transacted on each day of hearing. 1eBuests and representations made by accused party should also be recorded and disposed of in the sheet. ,n particular, the following points should be mentioned in the order)sheetH )The additional documents and the witnesses as#ed for, by the charged officer in his defence. )the additional documents and defence witnesses permitted. )1easons for disallowing the remaining documents and witnesses. )whether the additional documents permitted as relevant, were made available for inspections and were inspected by the charged officer. ),f the authority having custody of any such document does not consent to its production, the fact of such refusal. 10.+1 Though the provisions of the ,ndian vidence Act and the *riminal "rocedure *ode are not applicable to departmental inBuiries, yet, as these provisions are based on principles of natural <ustice, they should be followed in the conduct of the departmental proceedings, though not as meticulously as in the *ourts of -aw. The ,nBuiry &fficer will afford reasonable opportunity, to both sides, to present their respective cases, to their satisfaction. 10.++ ,f the evidence is able to establish a part of transaction(event which by itself constitutes a misconduct(misbehavior , the ,nBuiry &fficer can express his findings whether such misconduct is proved or not, as long as the imputations clearly stage the events, and defence had adeBuate opportunity to reply to them.

&6

10.+4

,f the charged officer does not submit his written defence within the time specified or does not appear before the ,nBuiry &fficer or otherwise fails or refuses to comply with the provision of the rules, the ,nBuiry &fficer may hold the inBuiry ex)parte recording reasons for doing so.

11. R-+%$# %/ #2- I"<')$4 O//)(-$ 11.1 An oral inBuiry is held to ascertain the truth or otherwise of the allegations and is intended to serve as the basis on which the disciplinary authority has to ta#e a decision, as to whether or not the imposition of any penalty on the Government servant is called for. The findings of the ,nBuiry officer must be based on evidence adduced during the inBuiry. The assessment of documentary evidence may not present much difficulty. As regards evaluation of oral testimony, the evidence has to be ta#en and weighed together, including not only what was said and who said it, but also when and in what circumstances it was said, and also whether what was said and done by all concerned was consistent with the normal probabilities of human behavior. The ,nBuiry &fficer who actually records the oral testimony, is in the best position to observe the demeanour of a witness and to form <udgment as to his credibility. Ta#ing into consideration all the circumstances and facts, the ,nBuiry &fficer as a rational and prudent man, has to draw inferences and to record his reasoned conclusion as to whether the charges are proved or not. 11.+ After the conclusion the ,nBuiry &fficer draws up a report which shall containH) i. The particulars of the appointment to inBuire the case ii. A brief history of the case including the procedures, adopted from the date of commencement to the date of conclusion. iii. 3etails of the charges framed against the delinBuent official.

&@

iv. "articulars of listed documents admitted on behalf of the disciplinary official. v. "articulars of state witnesses and defence witnesses. vi. Arguments put forward by the "resenting &fficer in his brief vii. Arguments put forward by the charged official in his brief. viii. Answers to mandatory Buestions. ix. valuation of evidence. x. 0is conclusions arrived at. ,.&. should forward the same, where he is not the disciplinary authority, together with the records of inBuiry constituting the documents prescribedI i.e.H) 1. The ,nBuiring Authority?s report prepared by it under clause @.+, with spare copies. 1. -ist of exhibits and documents produced during the enBuiry +. vidence given by witnesses. 4. *harge sheet , reply, !andatory Buestions and answers given. 8. orders passed by ,nBuiring authority and the disciplinary Authority in regard to the inBuiry. =. 3aily order sheets 11.4 The ,nBuiry &fficer should ta#e particular care while giving his findings on the charges to see that no part of the evidence, which the accused government servant was not given an opportunity to refute, examine or rebut, has been relied on against him. .o material from personal #nowledge of the ,nBuiry &fficer bearing on the facts of the case which has not appeared, either in the articles of charge or the statement of allegations or in the evidence adduced at the inBuiry, and against which the accused Government servant has had an opportunity to defend himself, should be imported into the case. authority and additional documents reBuisitioned and admitted on behalf of the charged

&A

11.8

,f in the opinion of the ,nBuiry &fficer, the proceedings of the inBuiry establish an articles of charge different from original articles of charge, he may not record such article of charge 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 enBuiry of defending himself against such article of charge.

11.=

The standard of proof reBuired in a departmental enBuiry differs, materially, from the standard of proof reBuired in a criminal trial. The Supreme *ourt has held that standard of proof reBuired in a disciplinary case is that of preponderance of probability and, not proof beyond reasonable doubt.

11.:

An ,nBuiry &fficer should not start assuming the correctness of the defence version. 0is first duty is to study and understand the department?s case and the defence version thoroughly.

11.C

0e should, then, <udge whether the charged officer with in his #nowledge and experience. ) behaved with due care and attention, reasonably and honestly. ) whether he violated the law, rules and procedures he was expected to

follow. ) whether he #new or ought to have #nown the propriety and results of his acts. ,n other words, whether he behaved as a prudent man would be expected to do. 0e should not be allowed to plead that he violated the procedure in the interest of service. 1ules and procedures are laid down in the interest of the service by the persons whose responsibility is to do so. The charged officer is supposed to follow them. ,f he has any ideas about better rules and procedures, it is open to him to propose amendments and not to brea# them until then. 11.@ The word Gmala)fide? should be used with great caution. !ala)fide is irrelevant in proving a misconduct, as it is not a necessary element of it, however, its presence aggravates the seriousness of the misconduct.

&;

11.9

!ala)fide need not be proved, if the act itself spea#s . ,n other case, mala)fides will have to be <udged from the circumstance of each transaction, or event, "ower and responsibility vested in each officer and, finally, want a prudent and rational person would do in those circumstance and with those "owers and responsibilities.

11.10 ,t is sometimes argue that even if a clear misconduct is made out, prima facie, no action should be ta#en against the public servant because he had an unblemished record till the commission of the offence. This is not relevant. ,t is to be borne in mind, that past good or bad conduct should not influence the decision about the present misconduct. This may be left to be ta#en into consideration, if necessary, while awarding penalty. 12. !)"&)"1 %/ #2- D).()+,)"0$4 0'#2%$)#4 1+.1 The report of the ,nBuiring authority is intended to assist the disciplinary authority in coming to a conclusion about the guilt of the Government servant. ,ts findings are not binding on the disciplinary authority, who can disagree with them and come to his own conclusions, on the basis of his own assessment of the evidence forming part of the record of the enBuiry. 1+.+ The disciplinary authority should examine, carefully and dispassionately, the ,nBuiring authority?s report and the record of the enBuiry, and after satisfying itself that the delinBuent has been given a reasonable opportunity to defend himself, will record its findings in respect of each article of charge saying whether, in its opinion, it stands proved or not. ,f the disciplinary authority disagrees with the findings of the ,.&. on any article of charge, while recording its own findings, it should also record reasons for its disagreement. 1+.4 0aving regard to its own findings on the articles of charge, if the disciplinary authority is of the opinion that the articles of charge have not been proved and that the government Servant should be exonerated, it will ma#e an order to that effect and communicate it to the government servant, together with a copy of the report of ,nBuiring Authority, its own

50

findings on it and brief reasons for its disagreement, if any with the findings of the inBuiring authority. 13. P0..)"1 %/ !)"0, %$&-$ 14.1 ,f the disciplinary authority is of the opinion that any of the minor penalties should be imposed on the Government servant, orders can be passed, straightway. The higher disciplinary authority, who himself instituted the disciplinary proceedings, should pass the order, without passing on the matter to the lower disciplinary authority who may be competent to impose a minor penalty. 14.+ ,f the disciplinary authority is of the opinion that any of the ma<or penalties should be imposed, it is not necessary to give the delinBuent any opportunity of ma#ing representation on the penalty proposed to be imposed. An order imposing such penalty can be passed straightway. 14.4 Darning, admonition, reprimand caution, displeasure and premature retirement under >.1. =: 5<6 are not formal punishment under **S 6**A6 1ules and, hence, should not be administered(awarded. 14.8 Dhere it is considered after the conclusion of proceedings that the officer concerned should be punished, the disciplinary authority should award the penalty EcensureF at least. ,f the intention of the disciplinary authority is not to award a penalty of EcensureF, then non) recordable warning should be awarded. 14.= $ecause disciplinary proceedings under the *.*.S. 5**A6 1ules are Buasi)<udicial in nature, hence, it is necessary that order in such proceedings are issued only by the competent authorities who have been specified as disciplinary authorities under the rules. As such, recording of reasons in support of the decision is obligatory as it ensures that the decision is reached according to law, and is not a result of caprice, whim or fancy or reached on ground of policy or expediency. >inal orders made without mention of reasons for the conclusion, will be of little assistance to authorities who have powers to decide appeal or exercise revisionary or review powers. 51

14.:

"ast good or bad conduct of a government servant can be ta#en into consideration while awarding penalty. ,t should, however, be noted that it the previous bad record, punishment etc. is proposed to be ta#en into account in determining the Buantum of penalty to be imposed, it should be made a specific charge in the charge)sheet itself. Any mention of the past bad record in the order of penalty, unwillingly or in a routine manner, when this had not been mentioned in the charge)sheet , would vitiate the proceedings and so should be scrupulously avoided.

13.9

OPERATIVE PORTION O! VARIOUS ORDERS

1.*ensureH EThe penalty of * .S/1 is imposed of ShriKKKKKKKKK.F. +. $arring incrementH E&ne increment of Shri years without any cumulative effect.F 4.Dithholding "romotionH E.ext promotion of Shri withheld for a period of years.F is barred for a period of

from the grade of

is

8. 1eduction to a lower stageH E,t is therefore, ordered that the pay of Shri be reduced by stages from 1s. ,n the time scale of pay for a period of years(months with effect from . ,t is further directed that Shri will(will not earn increments of pay during the period of reduction, and that on the expiry of this period, the reduction will(will not have the effect of postponing his future increments of pay.F =. 1eduction to a lower "ost(Grade(Time Scale(ServiceH Dhere the penalty is imposed for an indefinite periodH EShri is reduced to the lower post(grade(service of until he is found fit by the competent authority to be restored to the higher post(Service of E. Dhere it is intended that the fitness of the government Servant for re)promotion or restoration to original post will be considered only after a specific periodH EShri is reduced to the lower post(grade(Service of until he is found fit, after a period of years from the date of thius order, to be restored to the higher post of

52

The following conditions also can be imposedH EThe period of reduction will also operate(will not operate to postpone his future increments in the time scale of his original post, on his restoration to that post.F And E0e shall(shall not on his re)promotion to his original post regain his original seniority in the higher post(grade(Service of which had been assigned to him prior to the imposition of the penaltyF. :.3ismissal(1emoval(*ompulsory retirementH E.ow therefore in exercise of powers conferred by rule 1+ 5+6L of the *entral *ivil Services 5*lassification, *ontrol and appeal6 1ules, 19:=, the undersigned hereby dismisses(removes the said Shri or directs that the said Shri E. shall be compulsorily retired from service with effect from 5L7uote 1ule 19 5i6, if the order is as a result of conviction6 NOTE> Any decision to reduce in ran#, removal from service, or dismissal should be referred to 3epartment of Telecommunication, and only after getting the approval, the final punishment order in respect of these punishments should be issued. 14. !UNCTIONS O! AN IN@UIRY O!!ICERS 18.1 18.+ ,nBuiry &fficer?s functions are three fold, vi', to document, to analyse and to recommend whether the charges are proved or not. 3&?S A.3 3&.?T >&1 ,.7/,12 &>>,* 1 1. At the every outset, your <ob is a than#less one. ,t is not one of your legitimate duties too. Anyhow, the <ob, has been assigned to you. Ta#e it an a rare opportunity in your official career for dispensing <ustice. +. $e clear in your mind about the scope and your function as an ,nBuiry &fficer. 2ou have been appointed to enBuire into the truth of the charge against the charged officer. 2ou have been assigned a Buasi) <udicial function, and for this purpose, you cease to be government servant. 4. $e unbiased, fair, <ust and <udicious.

5&

8. $e interested in <ustice and fair play. =. >or being unbiased you should, obviously have no personal interest in the case. :. See that both sides get <ust and reasonable opportunity to place their view points. C. $e not interested whether the charged officer is being proved guilty or being exonerated. @. nsure that there is no undue delay in the commencement and conduct of enBuiry. 9. 3raw up a positive programme in consultation with the parties. &nce a regular hearing is started, see that the case is heard on day)to)day basis. 10. Dhat is reBuired is fair and reasonable opportunity and not an unfair and unreasonable opportunity to obstruct and hinder. 11. 3o not allow the parties to dominate the proceedings by see#ing ad<ournments. 1+. 3o not allow lengthening of the agony of the charged officer. the proceedings. 14. Ad<ournments have to be minimum necessary <ustice, to be effective, has to be Buic#. There should, normally, be no ad<ournments except for illness supported by medical certificate or for unavoidable and adeBuate reasons. 18. $e alert to chec# either party from including in any tric# to delay or hinder proceedings and put a spo#e in the wheel of <ustice. 1=. $e serene and even handed during hearings. 1:. 3o not indulge in loose tal#s or give any indication about your view at any stage. 1C. 3o not consult others behind the bac# of the charged officer. 1@. $ear in mind, that the technical rules of G vidence Act? are not applicable to domestic enBuiries. 0e should not also be allowed to waste public money and time by delaying

55

19. 3o not entertain any reBuest from the charged officer for supply of copies of documents. 0e may be permitted to ta#e extracts. +0. nsure, that previous statements of listed witnesses are made available to the charged officer, well in time, for cross)examination. +1. 3o not hold enBuiry ex)party, if the charged officer, under suspension, is unable to attend due to non)receipt of subsistence allowance. ++. 3o not refuse permission to charged officer, to participate in the middle of an enBuiry being held ex)parte. +4. 3o not allow Buestions which are irrelevant or are malicious or are li#ely to cause annoyance to the witness, during examination. +8. "rotect the witness from any unfair treatment during examination. +=. 3o not allow leading Buestions in main examination. They may be permitted in cross)examination. +:. nsure that the witness understands the Buestions put to him before he answers and see that the answer given in vernacular is properly translated in nglish and recorded. +C. 1ecall a witness for re)examination, only if it is absolutely necessary in the interest of <ustice. +@. Datch the demeanour of the witness while deposing, and ma#e a note of it. +9. /se your power <udiciously to put such Buestions to a witness as to bring out the truth, so that you have a fair and clear understanding of the whole case. 40. 3o not allow production of new evidence to fill up a gap in the evidence, or originally produced. 41. 2our power to pass orders on ob<ections(points arising during the course of the enBuiry is absolute, as there is no right of appeal against it. ,t is, therefore, imperative that you are <udicious in your decisions. 4+. ,f, during the course of enBuiry, the charged officer comes forward to plead guilty, you have discretion to accept the plea and record your findings or to continue the case to its conclusions.

5<

44. Though, the rule provides hearing of both sides at the end, it would be preferable to call on them to give written briefs, so that you do not leave out to discuss(analyse any point brought out by them. 2ou will only be doing <ustice to both the sides by such an act. 48. 2our findings must be based only on evidence adduced, during the enBuiry,. 1eliance should be placed only on the facts which have come into evidence and which the charged officer had opportunity to refuse, examine, or rebut. 4=. .o material from personal #nowledge bearing on the facts of the case or extraneous matter, which has not appeared either in the articles of charge or in the statement of imputations or in the evidence adduced at the enBuiry, and against which the charged officer had no opportunity to defend himself, should be imported into the case. 4:. Dhile studying the case and canvassing the evidence, be <udicious and show poise and balance. 3o not to be satirical or vicious. 4C. 3o not indulge in unnecessary arguments about letters of the rule or instruction, but confine your finding to the essence of the misconduct made out against him. 4@. 3raw inferences as a rational and prudent person would do, considering the oral and documentary evidence, noting who said it, when and in what circumstances, whether what was said or done was consistent with the normal probabilities of a human behaviour. 49. 3o not summarise the versions of the two sides and select one. 80. $ase your conclusion on a report and conclusions. 81. &ne should be logical and should not appear as if you had already made up your mind and that you are ma#ing a one sided presentation of facts to support it. which loo#s reasonable, clearly indicate in the report the relation between the imputations, evidence

56

8+. -ast but not least, do not overstep your functions. ,t is <ust enough to probe into the relevant issue and not more. ,t is not in your domain to condemn the charged officer or to suggest a deterrent punishment. 84. 3o not fail to bear in mind, the principles of .atural Austice and reasonable opportunity, and burden of proof vis)M)vis departmental proceedings. 15. INSTRUCTIONS !OR THE PRESETING O!!ICERS 1=.1 2our function is, to show why charges should be deemed to be established, if not beyond reasonable doubt at least on the basis of prepodenrance of probability, by leading oral and documentary evidence 5direct and circumstantial6 and by drawing logical inference there from. 2ou should present your case in an understandable and orderly manner with precision, clarity and logic. 1=.+ 1=.4 2ou should be in a position to assist the ,nBuiry &fficer, to plan the stages of regular hearing purposefully. $e ac#nowledgeable about the rules and procedures. 2ou should be able to introduce rules and procedures essential to prove the event(transaction and the concerned duties of the charged officer. 1=.8 nsure that the following documents are received along with your appointment orderH 1. Articles of chargesH +. Statement of imputations of misconduct or mis)behaviors. 4. A copy of the memorandum addressed to the *harged &fficerI 8. Dritten statement of defence or a clear statement that the charged officer has not replied within the specified timeI =. -ist of witnesses by whom the articles of charges are proposed to be sustained and their statements during the investigationI :. -ist of documents by which the articles of charge are to be provedI C. "roof of receipt of documents mentioned in 1 to 4 , = and : above by the charged officerI and @. &rder appointing the ,nBuiry &fficer and the "resenting &fficer.

5@

1=.8

*ollect from the concerned departmental officer, all the statements of witness ta#en and the statement sei'ed during the investigation, if not received already.

1=.=

Get in touch with the officer who investigated the matter, discuss the case in details with him , suggest further investigation, if necessary, and note down irreparable lacunae in investigation. necessary, get it through him. ,f additional evidence is proceeding seriouslyI

1=.:

Study

your

case

fully,

and

ta#e

the

Study all the documents and try to reconstruct in your mind, each step in the event(transaction involved. ,n each such step you should scrutini'e the part played by the charged officer and others. See which of the oral and documentary evidence 5direct or circumstantial6 is necessary and adeBuate to present the case. 1=.C 1=.@ 1=.9 Study each element of the event(transaction, all the elements the conduct attributed to him. 2our study of the case should be thorough and purposeful. Great care is needed in the exercise. !atch each item of oral or documentary evidence and decide whether it does prove or fails to prove. 1=.10 ,t should be possible to anticipate what the charged officer is li#ely to admitI then, omit the evidence intended to prove admitted facts or which is superfluous. 1=.11 ,f a document is admitted, it can be produced by a person in possession of it. &n the other hand, if the contents of any documents are not admitted the person who prepared it or maintained it must be offered as a witness so that the charged officer can cross)examine him. 1=.1+ At the preliminary hearing be prepared to supply copies of statements of witnesses and other documents, if not so done earlier. 1=.14 3o not try to get ad<ournments. Trying to get an ad<ournment on unconvincing grounds tends to amount the obstruction and hindrance of

5A

Buasi J <udicial process. $e present on all the hearingsI at least send the nominated substitute. The case may be lost by default. 1=.18 $e in a position to select necessary evidence and witnesses for presentation at the regular hearing with greater precision. witnesses present for hearing from day to day. 1=.1= 3o not as# leading Buestions while examining your witnesses. 1=.1: Tas# Buestions in a mechanical or routine manner, on self explanatory documents, or put Buestions to the witnesses ma#ing them repeat an accepted or adeBuately proved fact. 1=.1C 2ou should anticipate the possible defence of the charged officer and be ready to cross)examine the defence witnesses, duly acBuainting yourself with their antecedents. 1=.1@ 2ou should try your best to disapprove the facts deposed by defence witnesses or raise doubts about their credibility. 1=.19 ,f any of your witnesses is not co)operating or changes his earlier stand, you have a right to reBuest the ,nBuiry &fficer to permit you to cross) examine that witness. 1=.+0 As you have studied the case, fully, and ta#en the proceedings seriously, you should be in a position to argue it out at the completion of the hearing. 3o not as# for time for giving a brief. 1=.+1 1emember the points which are generally raised by the defence, vi'. mala)fides, .atural Austice and burden of proof. to meet them. 1=.++ A public servant, apart from following the rules, regulations and directions, is expected to maintain a certain standard of good conduct in his official as well as private life. very civil servant should maintain a standard of Dhen he fails to maintain them, he 0e integrity, honesty and conduct. Buip yourself, fully, how ;eep all your

commits misconduct, exposing himself for action under the rules. would often ta#e shelter, by pleading absence of mala)fides or malice.

1=.+4 A public servant has to act in good faith. ,f there is a doubt, it is his duty to explain how, in spite of his due care and attention. Something has gone

5;

wrong. 0is conduct should have been reasonable, fair and <ust. ,f he had discretionary powers, the use of such discretion should be <udged on what a prudent person would have done in the circumstances. 1=.+8 Though, natural <ustice has not been defined in any rules, its concept is fairly crystalised through <udicial, pronouncements and covers three important principlesH 1. 1ight to be heardI +. .o person can be a <udge in his own caseI and 4. Austice should not only be done, but should be seen to be done, Dhere there are not specific provisions in the rules, either party has a right to have fair hearing, unbiased <udgment and clear spea#ing order. 1=.+= As regards standard of proof, it has been held that the technicalities of *riminal -aw cannot be invo#ed in disciplinary proceedings and the strict mode of proof, prescribed by the vidence Act, may not be applied with eBual vigour. ,t is not a criminal case and the standard of proof reBuired is that of preponderance of probability and not proof beyond reasonable doubt. ,t should, however, be ensured that mere suspicion should never be allowed to ta#e the place of proof. 1=.+: Though the rule provides for the Ghearing? of both the sides at the end, lest any salient points should be left out to be covered oral argument or left inadvertently to be noted by the ,nBuiry &fficer for consideration, it would always be preferable that you see# permission to present written brief. The written brief should be crisp and not verbose. case and about the hollowness of the defence. 1=.+C As you are to file your brief first, giving a copy of the same to the other side and you do not have an opportunity to answer the arguments contained in the brief of defence, please ensure that you not only properly canvass the evidence appearing against the Government servant, but also ven at the first reading of your brief, the ,nBuiry &fficer should be impressed with your

<0

try to meet the possible line of defence and arguments of the other side, anticipating them from the proceedings so far. 16. ORDER O! DIES NON An order of dies non is not a punishment under *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=. Authority to issue the order is the -eave Sanctioning Authority. ,t is regulated by 1ule :+, " N T !anual, %ol.,,,. &nly individual cases of unauthori'ed absence from duty which is not in pursuanceof concerted action by a group of employees acting in combination may, however, be treated as dies non. 3ies non does not constitute brea# in service but only the days treated as dies non are not counted as duty for any purpose. An order under the 1ule should be proceeded by extending to the person concerned a reasonable opportunity of representation and being heard in person if so desired by him(her. R',- 62? P A T M0"'0,? V%,.III Absence of officials from duty without proper permission or when on duty in office, they have left the office without proper permission or while in the office, they refused to perform the duties assigned to them is subversive of discipline. ,n cases of such absence from wor#, the leave sanctioning authority may order that the days on which wor# is not performed be treated as dies non, i.e., they will neither count as service nor be constructed as brea# in service. This will be without pre<udice to any other action that the competent authorities might ta#e against the person resorting to such practices. Treating the day as dies non for coming late is not contemplated in the rules. >or late coming, the proper course is to debit the casual leave account of the official as per instructions issued from time to time. ,f the official has no casual leave to his credit, the authority may inform the official that he will be treated as un authori'ed absence for the day on

<1

which he has come late, and leave it to the official himself either to face the conseBuences of such unauthori'ed absence or to apply for earned leave or any other #ind of leave due and admissible for the entire day, the same may be sanctioned by the competent authority. >1 1C JA.3 "A1T,*,"AT,&. &> A G&% 1.! .T S 1%A.T ,. A ST1,; Dithout pre<udice to the provisions of 1ule +C of the *entral *ivil Services 5"ension6 1ules, 19C+, a period of an unauthori'ed absence) i. in the case of employees wor#ing in industrial establishments, during a stri#e which has been declared forceI ii. in the case of other employees as a result of acting in combination or in concerted manner, such as during a stri#e, without any authority from, or valid reason to the satisfaction of, the competent authority, and iii. in the case of an individual employee, remaining absent unauthori'edly or deserting the postI shall be deemed to cause an interruption or brea# in the service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession, Buasi)permanency and eligibility for appearing in departmental examinations, for which a minimum period of continuous service is reBuired. O"-A.AT,&. ,I) >or purpose of this rule, EStri#eF includes a general, to#en, sympathetic or any similar stri#e, and also a participation in a bandh or in similar activities. O"-A.AT,&. +I) ,n this 1ule, the term E*ompetent authorityF means the EAppointing authorityF. illegal under the provisions of the ,ndustrial 3isputes Act, 198C, or any other law for the time being in

<2

For interpretation of what constitutes a strike a reference may make to instruction below rule 7 of Central Civil Services (Conduct) Rules /nder no circumstances, absence on the part of a group of employees in combination or in a concerted manner should be treated merely as dies non but it should be treated as unauthori'ed absence constituting brea# in service. An order under >1 1C JA should be preceded by extending to the person concerned a reasonable opportunity of representation and being heard in person if so desired by him(her.

19. APPEAL The Govt. servant can file an appeal within a period of 8= days from the date on which the copy of the order appealed against is delivered to the Govt. servant. ,t is to the appellate authority to accept or re<ect an appeal preferred after the expiry of the time given for filing it. 1C.1 C%".)&-$0#)%" %/ 0++-0, The appellate authority shall consider a. Dhether the procedure laid down in these rules has been complied with and if not, whether such non compliance has resulted in the violation of any provisions of the constitution of ,ndia or in the failure of <ustice. b. Dhether the findings of the disciplinary authority are warranted by the evidence on the record and c. Dhether the penalty, or the enhanced penalty imposed is adeBuate, in)adeBuate,or severeI and pass orders 1. *onfirming, enhancing, reducing, or setting aside the penaltyI or

<&

+. 1emitting 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 these cases. ,f the appellate authority wants to enhance the punishment, he can do so with the following restrictions. ,f the enhanced penalty which the appellate authority proposes to impose is one of the ma<or penalty and an inBuiry under 1ule 18 has been held in the case, the appellate authorities shall ma#e such orders as it may deem fit after the appellant has been given a reasonable opportunity of ma#ing a representation against the proposed penalty. i. .o order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, in accordance with the provisions of 1ule 1: of ma#ing a representation against such enhanced penalty. 1C.+ REVISION ,n certain circumstances, if it is found that the punishment awarded is inadeBuate or sever and no appeal is filed, the prescribed competent authority or the appellate authority, within six months of the date of the order proposed to be revised, may at any time, either on his or its own motion or otherwise call for the record of any inBuiry and revise any order made under these rules and may a. *onfirm, modify, or set aside the orderI or b. *onfirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposedI or c. 1emit the case to the authority which ma#e the order to or any authority directing such authority to ma#e such enBuiry as it it may consider proper in the circumstances of the case I or

<5

d. "ass such orders as it may deem fit Any other authority specified in this behalf by the "resident by a general or special order, and within such time as my be prescribed in such general or special order can exercise the power. 1estriction 1. .o proceeding for revision shall be commenced until after a. The expiry of the period of limitation for an appeal, or b. The disposal of the appeal, where any such appeal has been preferred. +. ,f any inBuiry is already conducted nd the proposed punishments is one of the !a<or penalties, reasonable opportunity should be given to the Governments Servant. ,f no inBuiry is conducted and the proposed punishment is one of the !a<or penalties, the order should be passed only after conducting an inBuiry. An application for revision shall be dealt with in the same manner as if it were an appeal under these rules. 1C.4 REVIE= The "resident may, at any time, either on his own motion or otherwise review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to his notice. 1estrictionsH ,f an inBuiry is already conducted and the proposed punishment is one of the ma<or penalties, reasonable opportunity should be given to the Govt. servant. ,f no inBuiry is conducted and the proposed punishment is one of the !a<or penalties, the order should be passed only after conducting an inBuiry.

<<

<6

1C.8

COMPETENT AUTHORITY Authorities competent to ta#e action are prescribed under the rules.

Sl. .o

*A31

A""&,.T,.G A/T0&1,T2 3irector 50136 3irector 5>in6 G! in charge of Admn. ,n *& G! 5>6 (,>A in *& 3irector 50136 3 T

!AA&1 " .A-T2 3isciplinary Appellate authority G! concerned( * ( Buivalent officer G! 5>in6 *oncerned 3G!(S ( Buivalent officer concerned 3G! 5>in6 *oncerned Authority *G! *oncerned *G! *oncerned G!(* ( Buivalent officer concerned G! 5>in6 *oncerned

1eviewing Authoity 3irector 50136 3irector 5>in6 *G! *oncerned 3irector 5>in6

!,.&1 " .A-T2 3isciplinary Appellate 1eviewing authority *G! *oncerned *G! *oncerned G!(* ( Buivalent officer concerned G! 5>in6 *oncerned Authority 3irector 50136 3irector 5>in6 *G! *oncerned *G! *oncerned Authoity 3irector 50136 3irector 5>in6 3irector 50136 3irector 5>in6

Sr.S3 ( S3 A& ( Sr. A& AT&(

Buivalent &fficer

8 = :

AA& "S("A TTA

Gr. $ &fficer of T S

STS &fficer of ,TS Gr.A

3 T

AAG &fficer of

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,TS Gr.A C @ 9 Sr. T&A T! Gr.3 3 T Gr. $ &fficer of T S STS &fficer of ,TS Gr.A AAG 3 T &fficer of ,TS Gr.A

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S(2-&',- %/ #)5- ,)5)#. )" (%"&'(#)"1 )"6-.#)10#)%". 0"& D-+0$#5-"#0, )"<')$)-. +$-.($)3-& 34 #2- C-"#$0, V)1),0"(- C%55)..)%"
Sl .o.

1 +

State of ,nvestigation or ,nBuiry Time -imit 3ecision as to whether the compliant involves &ne month from receipt a vigilance angle. of the compliant. 3ecision on compliant, whether to be filed or )do) to be entrusted to *$, or to be ta#en up for investigation by departmental agency or to be sent to the concerned administrative authority for necessary action. *onducting investigation and submission of report. 3epartment?s comments on the *$, reports in cases reBuiring *ommission?s advice.

4 8

Three months. &ne month from the date of receipt of *$,?s report by the *%&(3isciplinary Authority &ne month from the date of receipt of investigation report. &ne month from the date of receipt of *ommission?s advice. i. &ne month from the date of receipt of *ommission?s advice. ii. Two months from the date of receipt of investigation report. &rdinarily ten days or as specified in **A 1ules. 1= 5>ifteen 6 days. Two months from the receipt statement. of defence

1eferring departmental investigation report to the *ommission for advice.

1econsideration of the *ommission?s advice, if reBuired.

,ssue of charge)sheet, if reBuired.

@ 9 10

Time for submission of defence statement *onsideration of defence statement ,ssue of final orders in minor penalty cases.

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11

Appointment of ,&("& in ma<or penalty cases.

,mmediately after receipt and consideration of defence statement. Six months from the date of appointment of ,&("&. i.Dithin 1= days of receipt of ,&?s report if any of the Articles of charge has been held as proved. ii. 1= days if all charges held as not proved. for to be 1easons findings

1+ 14

*onducting departmental inBuiry and submission of report., Sending a copy of the ,&?s report to the *harged &fficer for his representation.

disagreement with ,&?s communicated. &ne month from the date of receipt of representation. , .&ne month from the date of *ommission?s advice. ii. Two months from the date of receipt of ,&?s report if *ommission?s advice was not reBuired.

18.

*onsideration of *&?s representation and forwarding ,&?s report to the *ommission for second stage advice. ,ssuance of orders on the ,nBuiry 1eport.

1=

5.o.ooo(%G-(1@ dated +4.=.+000 of *entral %igilance *ommission6

60

CHAPTER III SUSPENSION

1.* INTRODUCTION ,t is an interim order to #eep the powers, Suspension is not a punishment.

functions and privileges of the Government Servant in abeyance. A Government Servant under suspension cannot supplement his subsistence allowance by engaging himself in any employment.,t is not necessary to afford reasonable opportunity to show cause before an order of suspension.An order of suspension is not a Buasi <udicial one, it is an administrative order, made in exercise of administrative power. 2.* PURPOSE O! SUSPENSION Suspension is a safe guard against the Government Servant?s undue interference with the inBuiry proceedings ta#en against him. ,f the Government Servant is involved in any criminal proceedings, he must absolve himself of those charges before he can be allowed to function as a public servant. Some time the suspension may be ordered as a deterrent to exhibit the misconduct of a particular type. Suspension is ordered when the continuance of the employee in his place of duty is li#ely to create problems of discipline. 3.* AUTHORITIES COMPETENT TO ORDER SUSPENSION Appointing Authority 3isciplinary Authority competent to impose on a Government Servant any of the penalties specified in the 1ules. A borrowing authority, in case of deputation. Supervisory officers in the field offices located outside the 0eadBuarters may be empowered, by issue of special order in the name of "resident, to suspend a subordinate officer in a case involving gross dereliction of duties. A report of the fact to be sent to the next higher authority. The

61

reviewing authority has to confirm it within one month of the date of the order. 4.* An order of suspension passed by an authority higher than the appointing authority who happens to be the appellate authority is preferably valid. An order of suspension made with the approval of the competent to ma#e it, but signed by another officer for him is valid in law. PLEA O! DISCRIMINATION Authorities can pic# up for suspension those whose misconduct is far more serious from a group of employees facing disciplinary proceeding. A plea of discrimination cannot be ta#en. 5.* CIRCUMSTANCES UNDER =HICH AN EMPLOYEE MAY BE PLACED UNDER SUSPENSION Dhere a disciplinary proceeding against him is pending or contemplated. Dhere a case against him in respect of a criminal offence is under investigation, inBuiry or trial. Dhere in the opinion of the authority competent to place him under suspension, the Government Servant has engaged himself in activities pre<udicial to the interest of the security of the state. 6.* REVOBING THE ORDER O! SUSPENSION The order of suspension can be revo#ed at any time during pendency of the proceedings. The first review should be conducted before the expiry of 90 days from the date of suspension . The subseBuent review should be conducted before the expiry of 1@0 days from the date of previous review.should be conducted by a committee constituted for this purpose 51ef Table below6

62

TABLE GROUP B O!!ICERS ABSORBED IN BSNL POST AT&( Buivalent S3 (Sr.S3 CHAIRMAN O! REVIE= COMMITTEE G! in charge of Admn in *ircle office 3irector 50136 MEMBERS O! THE REVIE= COMMITTEE *ircle %igilance 0ead N 3G! 5A6 of concerned unit Sr. 33G 5 &N! 6 G! in charge of Admn in *.& *ircle %igilance 0ead 5Secretary J Addl member of A&(Sr.A& 3irector 5>6 the committee6 do

GROUP B O!!ICERS .&T ABSORBED IN BSNL POST AT&( Buivalent S3 (Sr.S3 A&(Sr.A&(AA&(A 5 * 6(A 5 6(Asst. Architect etc CHAIRMAN O! REVIE= COMMITTEE Advisor 50136 !ember 5S6( 5>6( 5&6 MEMBERS O! THE REVIE= COMMITTEE Sr. 33G 5%ig6 N AS 5T6 Advisor 50136( 5>6( 5&6 N Sr.33G 5%ig6

9.*

DATE O! E!!ECT O! THE ORDER O! SUSPENSION An order ta#en an effect from the date of its communication. ,t cannot ta#e retrospective effect.

:.*

DATE O! E!!ECT =HEN THE EMPLOYEE IS ON LEAVE The order of suspension may ta#e effect from any date falling in the period of leave. /n expired portion of the leave is cancelled.

6&

;.* 1*.*

DE!IANCE O! AN ORDER O! SUSPENSION 3efiance of an order of suspension constitutes a serious misconduct. DEEMED SUSPENSION 3eemed suspension is ordered where the Government Servant is detailed in custody on a criminal charge or otherwise, including preventive detention for continuous period exceeding 8@ hours. ,n case of conviction, the deemed suspension shall ta#e effect from the date of conviction, if the period of actual imprisonment exceeds 8@ hours.

11.*

ADMINISTRATIVE ASPECTS O! SUSPENSION .o leave is granted to a Government Servant under suspension. A Government Servant having a lien on a permanent post retains it while under suspension.

12.* HEAD @UARTERS The 0ead Buarters of a Government Servant under suspension should normally ally be his last place on duty. A reBuest for change of 0ead Buarters is normally granted, if there is no extra expenditure involved. 13.* RESIGNATION =HILE UNDER SUSPENSION .ormally resignation is not accepted. ,f no moral turpitude is involved and it is cheaper to accept the resignation, it is accepted. 14.* RETIREMENT ON SUPERANNUATION The government servant is paid provisional "roceeding may be continued in accordance with the provision of rule 9 of the *.*.S. 5"ension6 1ules, 19C+. 15.* pension instead of subsistence allowance. VOLUNTARY RETIREMENT The right of voluntary retirement is sub<ect to prior approval of the Appointing Authority. 16.* TERMINATION O! TEMPORARY SERVICE ,n case of suspension pending departmental inBuiry the contract of service gets suspended and hence the right of termination cannot be exercised by either party until the contract of service is re)activated.

65

19.*

DE!ENCE ASSISTANCE DURING SUSPENSION

A Government Servant under suspension can render defence assistance to another Government Servant. 1:.* NO DIRECTION TO EMPLOYEE TO ATTEND O!!ICE DAILY A Government Servant under suspension should neither be reBuired nor allowed to attend office daily and regularly. 1;.* SPEEDY !INALISATION O! THE CASE The principles of natural <ustice reBuire that when a Government Servant is placed under suspension, charges against him should be framed expeditiously and a final decision arrived at within a reasonable time. 2*.* PAYMENT DURING SUSPENSION /nder >.1. =4 amount of subsistence allowance payable to a Government Servant is eBual to his salary on half average pay or half pay, in addition, dearness allowance, if any is admissible. This rate of payment is for 90 days after which a compulsory review is to be ta#en up as a result of which the amount is increased or decreased up to =0P of the amount originally sanctioned, depending whether suspension has been prolonged for reasons directly attribute to the employee. 21.* 22.* END O! SUSPENSION Suspension ends on revocation . An order of revocation is necessary even in the case of deemed suspension. Suspension ends on termination of service. Suspension ends with completion of disciplinary proceeding. Suspension pending criminal proceeding ends with the proceeding. Suspension ends when Buashed by a court of law. REINSTATEMENT AND SUBSE@UENT ORDERS. &n reinstatement of the employee under suspension, it is obligatory for the competent authority to ma#e specific ordersH) i. regulating his pay and allowances for the period of suspensionI and

6<

ii.

stating whether the period of suspension should count as a period spent on duty for various purposes relating to his service condition, and if so to what extend.

C0.-. %/ -C%"-$0#)%" (!.R.54DB(3) .ormally full pay and allowances are paid. $ut after giving a show cause notice returnable within sixty days, suitable reduction can be made, if the proceedings were delayed for the reasons directly attributable to Government Servant. The period of suspension shall, however, be treated as duty for all purpose. 23.* =HEN MINOR PENALTY A=ARDED Dhere the departmental proceedings against a Government Servant under suspension, end with the imposition of a minor penalty, the suspension becomes wholly un<ustified and Government Servant becomes eligible for full pay and allowances. 24.* =HEN MAJOR PENALTY A=ARDED (!.R.54DB(5)) >ull pay and allowances are not paid. .o recovery effected from subsistence allowance already paid. Actual amount payable is determined by the Appointing Authority after a show cause notice to the Government Servant which is returnable within sixty days. 25.* Appointing authority to decide whether the period shall count as duty for various purposes connected to his service and if so to what extend. ORDERS ON REVOCATION O! SUSPENDED PENDING !INALISATION O! THE PROCEEDINGS (!.R.54DB 6) ,n case any order is made following revocation of the order of suspension before the conclusion of the departmental or court proceedings against a Government Servant, such an order shall be reviewed, on its own motion after conclusion of the proceedings by the competent authority, who shall ma#e an order according to the provision applicable to 5i6 the suspension was wholly un<ustified or 5ii6 the suspension was wholly <ustified, depending upon the final out come of the proceedings. 66

26.*

DEATH =HILE UNDER SUSPENSION (!.R.54DB(2)

D0 1 A Government Servant, under suspension dies before the conclusion of the disciplinary or court proceedings instituted against him the period between the date of suspension and the date of death is treated as duty for all purpose and family shall be paid full pay and allowance for the period sub<ect to the ad<ustment of the subsistence allowance already paid. 29.* TREATING PERIOD O! SUSPENSION AS LEAVE ,n case the Government Servant so desires and submits a written reBuest, the competent authority may order that the period of suspension shall be converted into leave of any #ind due and admissible to him. Dhere such an order is to be made, higher sanction shall not be necessary for the grant ofH 2:.* xtra ordinary leave in excess of three months in the case of temporary government servants and -eave of any #ind in excess of five years in the case of permanent Government Servant. LA= O! LIMITATION The law of limitation is not applicable to the orders to be made under >.1.=8. 2;.* !ULL PAYMENT I! DISCIPLINARY PROCEEDINGS ARE DROPPED

,f disciplinary proceedings against a Government Servant is dropped at any stage, he is entitled to his full pay and allowances for the period of suspension. 2;.1 !ULL PAYMENT O! PAY AND ALLO=ANCE I! DETENTION IS NOT !OLLO=ED BY PROSECUTION ,f a Government Servant under deemed suspension is released from detention without any prosecution having been launched, the deemed suspension may be treated as revo#ed from the date the cause of suspension ceased to exist i.e. he is released from police custody, though a formal order of revocation be made for administrative records. ,n such a case, full pay and allowances be paid for the period of suspension, if the authority, after application of mind, comes to the conclusion that the suspension was wholly un<ustified.

6@

2;.2

PAYMENT DURING SUSPENSION ON AC@UITTAL IN CRIMINAL PROCEEDING

,f a Government Servant is finally acBuitted in the criminal proceedings against him and no further departmental inBuiry is ordered, he is entitled to his full pay and allowances for the period of suspension. 3*.* MODI!ICATION OR REVOBING O! SUSPENSION ORDER A suspension order issued can be modified or revo#ed by the authority who issued the order or by any authority to which the authority who ordered the suspension is subordinate. The suspension can be continued even if the ground for suspension ceases to exist, if a fresh case comes up for further disciplinary action. ,t can be further ordered that the suspension shall continue until termination of all or any of such proceedings.

6A

ANNE URE I CENTRAL CIVIL SERVICE (CONDUCT) RULES? 1;64 1. Short title, commencement and application. +. 3efinitions. 4. General, 4A, "romptness and courtesy, 4$.&bservance of government policies, 4*, "rohibition of sexual harassment of wor#ing women. 8. mployment of near relatives of Government servants =. Ta#ing part in "olitics and lections. :. Aoining of associations by Government Servants C. 3emonstration and stri#es @. *onnection with "ress or 1adio. 9. *riticism of Government 10. vidence before committee or any other authority. 11. /nauthori'ed communication of information. 1+. Subscriptions 14. Gifts,14A 3owry 18. "ublic demonstration in honour of Government Servants 1=. "rivate trade or employment 1:. ,nvestment, lending and borrowing 1C. ,nsolvency and habitual indebtedness 1@. !ovable, immovable and valuable property, 1@A 1estrictions in relation to acBuisition and disposal of immovable property outside ,ndia and transactions with foreigners etc. 19. %indication of acts and character of Government Servant +0. *anvassing of non)official or other outside influence

6;

+1. 1estriction regarding marriage ++. *onsumption of intoxicating drin#s and drugs. +4. ,nterpretation +8. 3elegation of "owers +=. 1epeal and saving. The misconducts not having specific rules are covered by the general rule 4516 reproduced below. R',- 3. G-"-$0, 1. very Government servant shall at all times) i. maintain absolute integrityI ii. maintain devotion to dutyI and iii. do nothing which is unbecoming of a Government servant. The controlling officer who fails to control his sub)ordinate can be proceeded against under 1ule 4 5+6 , reproduced below. 1ule 4 5+6 5i6 very Government Servant holding a supervisory post shall ta#e all possible steps to ensure the integrity and devotion to duty of all Government Servants for the time being under his control and authority. 5ii6 .o Government Servant shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best <udgment except when he is acting under the direction of his official superiorI 5iii6 The direction of the official superior shall ordinarily be in writing, &ral direction to subordinates shall be avoided, as far as possible. Dhere the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter. 5iv6 A Government Servant who has received oral direction from his official superior shall see# confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing.

@0

,t is mandatory to state the conduct rule violated in a charge)sheet. Sections of ,"* or any other rule applicable to *riminal proceedings before a court of law should not be cited.

ANNE URE II CENTRAL CIVIL SERVICE (CLASSI!ICATION? CONTROL AND APPEAL) RULES? 1;65> a6 These 1ules prescribe competent disciplinary authorities and empower them, i. ii. iii. to suspend Government Servants wherever necessary, to initiate disciplinary proceedings against Government Servants for violation of *onduct 1ulesH and to "unish them. b6 Appellate, 1evising and 1eviewing Authorities are defined and they are empowered to confirm, enhance or reduce or set aside a punishment awarded or remit the case with appropriate directions to the authority who awarded the punishment The 1ules have the following "arts and 1ulesH P0$# I> G-"-$0, 1ule , H Short title and commencement 1ule + H ,nterpretations 1ule 4 H Application P0$# II C,0..)/)(0#)%" 1ule 8 H *lassification of services 1ule = H *onstitution of *entral *ivil Services 1ule : H*lassification of posts 1ule C H General *entral Service

@1

P0$# III > A++%)"#)"1 A'#2%$)#4 1ule @ H Appointments to *lass , Services and "osts 1ule 9 H Appointments to other Services and "osts P0$# IV>S'.+-".)%" 1ule 10 H Suspension P0$# V> P-"0,#)-. 0"& D).()+,)"0$4 A'#2%$)#)-. 1ule 11H "enalties 1ule 1+H 3isciplinary Authorities 1ule 14H Authority to initiate proceedings. P0$# VI >P$%(-&'$- /%$ )5+%.)"1 P-"0,#)-. 1ule 18H "rocedure for imposing !a<or penalties 1ule 1=H Action on the ,nBuiry 1eport. 1ule 1:H "rocedure for imposing !inor "enalties 1ule 1CH *ommunication of orders. 1ule 1@H *ommon "roceedings 1ule 19H Special "rocedure in certain cases. 1ule +0H "rovisions regarding officers lent to state governments etc. 1ule +1H "rovisions regarding officers borrowed from state governments etc. P0$# VII> A++-0,. 1ule ++H &rders against which no appeal lies. 1ule +4 H &rder against which appeal lies. 1ule +8 H Appellate Authority 1ule +=H "eriod of limitation for appeal 1ule +:H>orm and contents of appeal 1ule +CH*onsideration of appeal 1ule +@H ,mplementation of orders in appeal. P0$# VIII> R-6).)%" 0"& R-6)-8 1ule +9H 1evision 1ule +9)A 1eview P0$# I > M).(-,,0"-%'. (R',- 3* #% 35)

@2

1ule 40H Service of orders, notices etc. 1ule 41H "owers to relax time)limit and condone delay 1ule 4+HSupply of *ommission?s advice 1ule 44H Transitory "rovisions 1ule 48H 1epeal and Saving 1ule 4=H 1emoval of doubts All disciplinary, Appellate, 1evising and 1eviewing Authorities draw their power from these rules. 3isciplinary authorities initiate action and award punishments under these rules for violation of specified rules of *entral *ivil Services 5*onduct6 1ules, 19:8. ANNE URE III STA.3A13 >&1!S !%$5 /%$ 6-$)/4)"1 P.-'&%"45%'. (%5+,0)"#. B4 R-1&.AED T% S2$).

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(N05-) (D-.)1"0#)%"6

CHARGE SHEET UNDER RULED16 O!!ICE O! THE HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH MEMORANDUM N%. S2$) D0#-& 0# #2-

(N05- 0"& D-.)1"0#)%")? )" #2- %//)(- %/ GGGG..).

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T% S2$) (C20$1-& O//)()0,)

!ORM !OR INITIATION O! MINOR PENALTY PROCEEDINGS (I" (0.-. 82-$- &).()+,)"0$4 0'#2%$)#4 &-()&-. #% 2%,& #2- )"<')$4) (R',- 16 %/ CCS (CCA) R',-.? 1;65) O!!ICE O! THE HHHHHHHHHHHHHHHHHHHHHHHH MEMORANDUM N%. D0#-& 0# #2-

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S2$)GGGGGG.

ANNE UREDI S#0#-5-"# %/ 0$#)(,-. %/ (20$1- /$05-& 010)".# S2$)GGGGGGGG ARTICLEDI T20# #2- .0)&GGGGGGG.82),- /'"(#)%")"1 0.GGG..&'$)"1 #2+-$)%&GGGG ARTICLEDII T20# &'$)"1 #2- 0/%$-.0)& +-$)%& 0"& 82),- /'"(#)%")"1 )" #2- %//)(-? .0)& .2$)GG ANNE URE II

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S#0#-5-"# %/ )5+'#0#)%". %/ 5).(%"&'(# %$ 5).3-206)%'$ )" .'++%$# %/ #2- 0$#)(,-. %/ (20$1- /$05-& 010)".# .2$)GGGG ARTICLE I ARTICLE II GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG ANNE UREDIII L).# %/ &%('5-"#. 34 82)(2 #2- 0$#)(,-. %/ (20$1- /$05-& 010)".# S2$)GGG0$- +$%+%.-& #% 3- .'.#0)"-&> GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG ANNE UREDIV L).# %/ 8)#"-..-. 34 82)(2 #2- 0$#)(,-. %/ (20$1- /$05-& 01)".# .2$)GGGGGGGG.

CHARGE SHEET !OR MAJOR PENALTY ACTION &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ ! !&1A.3/! .o. 3ated at the

The undersigned proposes to hold in inBuiry against shriKKKKKKKK under rule)18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules 19:= 0. 0++,)(03,- #% BSNL -5+,%4--.?. the substance of the imputations of misconduct or misbehavior in respect of which the inBuiry is proposed to be held is set out in the enclosed statement of articles of charge 5Annexure),6. A statement of the imputations of misconduct of misbehavior in

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support of each article of charge is enclosed 5Annexure),,6. A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed 5Annexures ,,, and ,%6 +. ShriKKKKKKKK..is directed to submit within 10 days of the receipt

of this !emorandum a written statement of his defence and also to state whether he desires to be heard in person. 4. 0e is further informed that an inBuiry will be held only in respect of those articles of charge as are not admitted. 0e should, therefore, specifically admit or deny each article of charge. 8. ShriKKK..is further informed that if he does not submit his written statement of defence on or before the date specified in para + above, or does not appear in person before the inBuiring authority or otherwise fails or refuses to comply with the provisions of rule)18 of the **S 5**A6 1ules 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.?, or the orders(directions issued in pursuance of the said 1ule, the inBuiring authority may hold the inBuiry against him ex)parte. =. Attention of shriKKKKKKKKKKK..is invited to 1ule)+0 of the *entral *ivil Services 5*onduct6 1ules, 19:8, under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. :. ,f any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that shriKKKK.is aware of such a representation and that it has been made at his instance and action may be ta#en against him for violation of 1ule)+0 of the **S 5*onduct6 1ules, 19:8. C. The receipt of the memorandum may be ac#nowledged. Signature .ame and 3esignation of the 3isciplinary authority

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To ShriKKKKKKKKKKK..

A.. O/1 ), Statement of articles of charge framed against ShriKKKKKK.. A1T,*- ), That the saidKKKK..while functioning asKKduring the periodKKKKKKK.. A1T,*- ),, That during the aforesaid period and while functioning in the office, said ShriKKKK...

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A.. O/1 ),, Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed against shriKKKKKKKKK.. A1T,*- ), A1T,*- ),, KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK A.. O/1 ),,, -ist of documents by which the articles of charge framed against shriKKKKK are proposed to be sustainedH KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK A.. O/1 ),% -ist of witnesses by which the articles of charge framed against shriKKK..are proposed to be sustained. A""&,.T! .T &> T0 ,. 7/,1,.G A/T0&1,T2 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ ORDER .o. 3ated at the

D0 1 AS an inBuiry under 1ule)18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules 19:= 0. 0++,)(03,- #% BSNL -5+,%4--.? is being held against ShriKKKKK5.ame and 3esignation of the charged employee.6

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A.3 D0 1 AS the undersigned considers that an ,nBuiring authority should be appointed to inBuire into the charges framed against him. .&D T0 1 >&1 , the undersigned, in exercise of the powers conferred by Sub)rule 5+6 of the said rule, hereby appoints shriKKKKKK5name and 3esignation6 as the ,nBuiring authority to inBuire into the charges framed against the said shriKKKKKK Signature .ame and 3esignation of the 3isciplinary Authority *opy toH 1. Shri. +. Shri 4. Shri 5name and 3esignation of the charged employee6 5name and 3esignation of the ,nBuiry &fficer6 5name and 3esignation of the "resenting &fficer, ,f any appointed.6

A""&,.T! .T &> T0 "1 S .T,.G &>>,* 1 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ ORDER .o 3ated at the

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D0 1 AS an inBuiry under 1ule)18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules 19:= 0. 0++,)(03,- #% BSNL -5+,%4--.? is being held against shriKKKK5name and 3esignation of the charged employee.6 A.3 D0 1 AS the undersigned considers it necessary to appoint a "resenting &fficer to present the case in support of articles of charge against the said officer before the inBuiring authority. .&D T0 1 >&1 , the undersigned in exercise of the powers conferred by sub)rule 5=6 R of the said rule, hereby appoints ShriKKKKKKKK.5name and designation6 as the "resenting &fficer to present the case in support of the articles of charge against the said officer, before the inBuiring authority. Signature .ame and 3esignation of the 3isciplinary Authority *opy toH 1. Shri. 5name and designation of the charged employee6 +. Shri 5.ame and designation of the ,nBuiry &fficer6 4. Shri 5.ame and designation of the "resenting &fficer6 8. The *.%.*.(the *.$.,. 5wherever applicable6.

.&T,* >&1 "1 -,!,.A12 0 A1,.G &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ To The *harged &fficial .o. dated at the

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SubH) 3epartmental inBuiry into the charges framed against shri. Sir, , have been appointed as inBuiring authority to conduct inBuiry in the case above cited, vide. &rder .o. been endorsed to you. +. Accordingly, a preliminary hearing of the case will be held by me at hrs.on at the . 2ou are reBuired to attend the hearing along with your defence assistant, and wait until further directions. ,n case you fail to appear at the appointed date and time, proceedings will be ta#en ex)parte. 1. ,t may be noted that no witnesses will be examined on the said date. The purpose of the preliminary hearing is to sort out the preliminaries and to lay down a time schedule for in section of the listed documents and submission of the lists of additional documents and defence witnesses. +. 1eceipt of this notice may please be ac#nowledged. 2ours faithfully, 5.ame6 ,nBuiring authority *opy to. 1.5"resenting &fficer6. 0e is also reBuested to attend the "reliminary hearing at the appointed date and time along with all listed documents, in original. !ORM !OR INTIMATION TO THE CONTROLLING O!!ICER O! PROPOSED DE!ENCE ASSISTANT &>>,* &> QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ To dated, a copy of which has

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.o. 010)".# .2$). Sir,

dated at

the

S'3>DD-+0$#5-"#0, I"<')$4 )"#% #2- (20$1-. /$05-&

, have been appointed as ,nBuiring authority to conduct ,nBuiry in the case above cited, vide order .o. wor#ing as issued by who is , under your control, to assist him to present the +. the *harged &fficial in the said case has nominated shri

case on his behalf, in terms of 1ule 18 5@6 5a6 of *entral *ivil Services 5*.*.A.6 1ules 19:= 0. 0++,)(03,- #% BSNL -5+,%4--... 4. The oral enBuiry in the case shall be held on 8. ,t is reBuested that the said shri and also as may be fixed hereinafter. 2ours faithfully, 5name6 IN@UIRING AUTHORITY *opy toH1.Shri. +.Shri. 5"roposed 3efence Assistant6 5*harged official6 at , and from time to may please be directed time, on the dates and time to be fixed later, till completion. to attend the inBuiry proceedings on the date and time as mentioned above

1 7/,S,T,&. >&1 A33,T,&.A- 3&*/! .TS &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ T& .o. dated at the

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SubH) 3epartmental enBuiry in to the charges against shri. 1eBuisition for additional documents. Sir, , have been appointed as ,nBuiring authority to conduct inBuiry in the case above cited, vide &rder .oKKKKKKKKKKK..datedKKKKissued by +. , am enclosing a copy of an extract from notice of discovery or production of documents received from the delinBuent official for the purpose of preparing his defence. ,t is certified that , have scrutini'ed that list and am satisfied that the documents mentioned therein are relevant to the case. 4.The documents may please be made available to the undersigned. 2ours faithfully, 5.ame6 ,nBuiring Authority *opy for information toH 1."resenting &fficer. +.*harged &fficial.

.&T,* >&1 1 G/-A1 0 A1,.G &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ To Shri.

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.o. Sir,

dated at

, the

Sub<ectH) 3epartmental ,nBuiry into the charge framed against Shri. , have been appointed as inBuiring authority to conduct inBuiry in the case above cited, vide. &rder .o. you. +. A preliminary hearing of the case was held on at by me. 4. .otice is hereby given to you that the regular hearing in the case shall commence on at hrs. at . At oral inBuiry, full opportunity will be given to you to examine the evidence in support of the charges and to adduce evidence in your defence. 8.2ou should present yourself in time to attend the aforesaid oral inBuiry on the date specified above and on the date(dates as may hereinafter be fixed and intimated to you. ,n case you fail to appear on the appointed date and time, the proceedings will be ta#en ex)parte. 4. 1eceipt of this notice may please be ac#nowledged. 2ours faithfully, ,nBuiry Authoirity *opy toH) 1.Shri. +.Shri. proceedings.6 .&T,* T& D,T. SS T01&/G0 0,S *&.T1&--,.G A/T0&1,T2 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .& . To 3ated at the 5"resenting &fficer6. 0e is also reBuested to attend the 53efence Assistant6. 0e is reBuested to attend the regular hearing at the appointed dates and time. , a copy of which has been endorsed to

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KKKKKKKKKK KKKKKKKKKK SubH) 3epartmental inBuiry into the charges framed against shri Sir, , have been appointed as ,nBuiring Authority to conduct inBuiry in the case cited above, vide &rder .oKKKdated theKKKKKKissued byKKK.. +. ShriKKKKKKKwho is wor#ing in the capacity

ofKKKKKK..under your control, has been cited as a witness in the said case. Since , consider his(her evidence to be relevant and material to the matter under inBuiry, , am to reBuest that the said shriKKKKKKKKKKKKK.may be directed to appear before me onKKKKKKKKKK5dated and time6 to tender his(her evidence. 4.;indly ac#nowledge receipt 2ours faithfully, 5,nBuiring authority6 *opy for information to ShriKKKKKKKK.5name and address of witnesses6. 5,nBuiring authority6 atKKKKKKKKKK..5"lace6

NOTICE TO PRIVATE =ITNESS &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

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T% N%. S)$? S'3>D D-+0$#5-"#0, )"<')$4 )"#% #2- (20$1-. /$05-& 010)".# .2$). I 206- 3--" 0++%)"#-& 0. I"<')$)"1 0'#2%$)#4 #% (%"&'(# )"<')$4 )" #2(0.- 03%6- ()#-&? 6)&-. O$&-$ N% &0#-& )..'-& . &0#-& 0# ? #2-.

2. Y%' 206- 3--" ()#-& 0. 8)#"-.. )" #2- .0)& (0.-. S)"(- I (%".)&-$ 4%'$ -6)&-"(- #% 3- $-,-60"# 0"& 50#-$)0, #% #2- 50##-$ '"&-$ )"<')$4? 4%' 0$- $-<'-.#-& #% 0++-0$ 3-/%$- 5- %" 0# #% 1)6- -6)&-"(-. 0# 2$.

3.R-(-)+# %/ #2- ,-##-$ 504 +,-0.- 3- 0(F"%8,-&1-&. Y%'$. /0)#2/',,4? (N05-) I"<')$)"1 0'#2%$)#4

TA(3A >&1 "1 S .T,.G &>>,* 1 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .&. 3AT 3 AT

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SubH) 3isciplinary "roceedings against shri This is to certify that ShriKKKKKKKKKKK..attended the proceedings in the departmental enBuiry againstKKKKKKKK.to present the case in support of the charges onKKKKKKKKKKKKKKatKKKKKKKK .othing has been paid to him on account of his traveling and other expenses. 5.ame6 ,nBuiry authority

* 1T,>,*AGT >&1 TA(3A >&1 3 > .* ASS,STA.T &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .o dated at , the

SubH) 3isciplinary "roceedings against shri.

This is to certify that Shri. the departmental enBuiry against shri said Shri.

Attended the proceedings in to assist the

,n presenting his case on at .othing has been paid to him on account of his traveling and other expenses. 5.ame6

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,.7/,1,.G A/T0&1,T2

>&1! >&1 TA(3A T& *0A1G 3 &>>,*,A&>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .o. dated at , the Attended the at SubH) 3isciplinary "roceedings against Shri. This is to certify that Shri. proceedings in the departmental enBuiry against him on

.othing has been paid to him(her on account of his(her traveling and other expenses. 5.A! 6 ,.7/,1,.G A/T0&1,T2

3A(T& T& D,T. SS &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .o. dated at the. This is certify that shriKKKKKKKKKKKKattended the proceedings in the a departmental witness enBuiry on against 8.1+.+00+ ShriKKKKKKKK..as atKKKKKKKKKKKK.. .othing has been paid to him on account of his traveling and other expenses. SubH) 3isciplinary "roceedings against Shri.

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5.ame6 ,.7/,1,.G A/T0&1,T2 >&1! >&1 *0A.G,.G ,.7/,1,.G A/T0&1,T2 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .o. &13 1 D0 1 AS an inBuiry under rule 18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? is being held against ShriKKKKKKKKKKKKKK.. D0 1 AS ShriKKKKKKKKKKKwas appointed as ,nBuiring authority to inBuire into the charges against shriKKKKKKKKvide. &rder .oKKKKKKKKKKKKKKdated, theKKKKKKKKK.. A.3 D0 1 AS ShriKKKKKKKKKKK..after having heard and recorded the whole or any part of the evidence has ceases to exercise <urisdiction conseBuent upon hisKKKKKKKKKK.and it is necessary to appoint another officer as ,nBuiring authority to inBuire into the charges against ShriKKKKKKKKK .&D,T0 1 >&1 , the undersigned in exercise of the powers conferred by sub)rule 5+6 read with sub)rule 5++6 of 1ule 18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? hereby appoints ShriKKK..as ,nBuiring Authority to inBuire into the charges framed against the said shriKKKKKKKKK..vice ShriKKKKKKKKKKKK SignatureH .ameH 3esignationH *opy toH dated at the

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1.ShriKKKKKKKK..5*harged &fficial6 +.ShriKKKKKKKK..5,nBuiring Authority6 4.ShriKKKKKKKK..5"resenting &fficer6 >&1! >&1 *0A.G,.G "1 S .T,.G &>>,* 1 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .o. &13 1 D0 1 AS an inBuiry under rule 18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? is being held against ShriKKKKKKKKKK D0 1 AS against ShriKKKKKKKKK.was appointed as "resenting the ,nBuiring authority, vide. &rder &fficer to present the case in support of the articles of charges framed shriKKK..before .oKKKKKKKKdated, theKKKKKKKK A.3 D0 1 AS the said ShriKKKKKKKK.is not available due toKKK..and it is necessary to appoint another "resenting &fficer in this case. .&D, T0 1 >&1 , the undersigned in exercise of the powers conferred by sub)rule 5=6 R of 1ule 18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=, hereby appoints ShriKKKK..as the "resenting &fficer to present the case in support of the articles of charge against the said SriKKKKKKKbefore the ,nBuiring authority. SignatureH .ameH 3esginationH *opy toH 8.ShriKKKKKKK5*harged &fficial6 dated at the

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=.ShriKKKKKKK5,nBuiring Authority6 :.ShriKKKKKKK5"resenting &fficer6

STA.3A13 >&1! &> &13 1 >&1 TA;,.G 3,S*,"-,.A12 A*T,&. ,. *&!!&. "1&* 3,.GS 51ule 1@ of **S 5**A6 1ules , 19:=6 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ &13 1 .o. D0 1 AS 3ated at the the Government servants specified below are <ointly

concerned in a disciplinary caseH ShriKKKKKK.. ShriKKKKKK.. ShriKKKKKK.. .&D, T0 1 >&1 , in exercise of the powers conferred by sub)rules 516 and 5+6 of 1ule 1@, *entral *ivil Services 5**A6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? the undersigned hereby directs) 5i6 5ii6 that disciplinary action against all the said Government servants shall be ta#en in a common proceeding. That KKKKKKKKKKK5name and designation of the authority6 shall function as the 3isciplinary authority for the purpose of the common proceedings and shall be competent to impose the following penalties, namelyH) 5here specify the penalties6 5iii6 that the procedure prescribed in 1ules 18(1=(1: shall be followed in ther said proceedings Signature .ame and 3esignation of the *ompetent Authority

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*opy toH 1.ShriKKKKKKK.5name and designation6 +.ShriKKKKKKK.5name and designation6 4.ShriKKKKKKK.5name and designation6 STA.3A13 >&1! &> &13 1 >&1 A""&,.T! .T &> ,.7/,12 A/T0&1,T2 ,. *&!!&. "1&* 3,.GS 51ule 1@ of **S 5**A6 1ules, 19:=6 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ &13 1 .o. dated at the D0 1 AS an inBuiry under 1ule 18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? is being held against the officers specified belowH ShriKKKKKKKKK. ShriKKKKKKKKK. ShriKKKKKKKKK. ShriKKKKKKKKK. ShriKKKKKKKKK. D0 1 AS common proceedings have been ordered against the said officers. A.3 D0 1 AS the undersigned considers that the ,nBuiring authority should be appointed to inBuire into the charges framed against the said &fficers. .&D T0 1 >&1 , the undersigned in exercise of the powers conferred by sub)rule 5+6 of the said rule hereby appoints shriKKKKK.5name and designation of the ,nBuiry &fficer6 as the ,nBuiring authority to inBuire into the charges framed against the said officers.

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Signature .ame and 3esignation of the 3isciplinary Authority *opy toH 1.The accused officers. +."resenting &fficer. 4.,nBuiring Authority with the relevant documents. >&1! &> &13 1 >&1 A""&,.T! .T &> "1 S .T,.G &>>,* 1 ,. *&!!&. "1&* 3,.GS 51ule 1@ of **S 5**A6 1ules, 19:=6 &>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ &13 1 .o. 3ated at the D0 1 AS an inBuiry under 1ule)18 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:= 0. 0++,)(03,- #% BSNL -5+,%4--.? is being held against the officers specified belowH ShriKKKKKKKK ShriKKKKKKKK ShriKKKKKKKK ShriKKKKKKKK D0 1 AS common proceedings have been ordered against the officers. A.3 D0 1 AS the undersigned considers it necessary to appoint a "resenting &fficer to present the case in support of articles of charge against the said officer before the inBuiring authority. .&D T0 1 >&1 , the undersigned, in exercise of the powers conferred by sub)rule 5=6 R of the said rule, hereby appoints shriKKKKKK5name and designation6 as the "resenting &fficer to present the case in support of the articles of charge against the said officer, before the inBuiring authority.

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Signature .ame and 3esignation of the 3isciplinary authority *opy toH 1. The Accused &fficers. +. ,nBuiring Authority 4. "resenting &fficer.

STA.3A13 >&1! >&1 S/S" .S,&. &>>,* &> T0 KKKKKKKKKKK .&KKKKKKK.dated at &13 1 Dhere as a disciplinary proceedings against shriKKKKKK.is contemplated(pending. &1 Dhereas a case against ShriKKKKKKK.in respect of a criminal offence is under investigation(inBuiry(trial. .ow, there fore, theKKKKKKKK.in exercise of powers conferred by sub)rule 516 of rule 10 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? hereby places the said ShriKKKKKKK.under suspension with immediate effect. ,t is further ordered that during the period that this order shall remain in force, the 0ead Buarters of ShriKKKKKKK.should beKKKKK and the said ShriKKKKKKKKshall not leave the said 0ead 7uarters without obtaining the permission of the undersigned. the

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Signature .ameH AuthorityH *opy to ShriKKKKKKKKK.&rders regarding subsistence

allowance admissible to him during the period of his suspension will issue separately.

>&1! >&1 &13 1,.G S/$S,ST .* A--&DA.* H &>>,* &> T0 KKKKKKK.. .oKKKKKKKKKKK.dated atKKKKK..theKKKKKK.. &13 1 ShriKKKKKKK..was placed under suspension(who is deemed to have been placed under suspension, with effect fromKKKK..vide. &rder .o. dated theKKKshall drawn, for the first three months of his period of suspension, subsistence allowance eBual to the leave salary which he would have drawn if he had been on leave on half average pay or half pay. ,n addition to the subsistence allowance, ShriKKKKKKKKKKwill also be entitled to draw dearness allowance on the basis of the amount of subsistence allowance, and other compensatory allowances which he was in receipt of on the date of his suspension. +.The payment of subsistence allowance and other allowances will be in accordance with and sub<ect to the conditions laid down in >1 =4 5 or

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any other corresponding rule6 and other rules(instructions governing the payments. SignatureH .ameH 3esignationH *opy to ShriKKKKK.. 5*opies should be given to Accounts, stablishment and Administration sections concerned6

STA.3A13 >&1! >&1 1 %, D &> T0 S/$S,ST .* A--&DA.* .o. dated atKKKKKKKKthe &13 1 ShriKKKKKKKKK.who was placed under suspension, with effect fromKK, was allowed to draw subsistence allowance, and other allowances for the first three months of the period of his suspension as mentioned in this department &rder .oKKK.dated, theKKKKKKKK +. 0aving regard to the circumstances of the case and since the period of suspension is prolonged for reasons which are not directly attributable to ShriKKKKKKKKK.,it has been decided that the

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amount of subsistence allowance admissible to ShriKKKshall be increase to an amount of eBual to =0P of the amount of subsistence allowance originally sanctioned and referred to in para , above, until further orders. 4.,n addition to the subsistence allowance, shriKKKKKK..will also be entitled to draw dearness allowance on the basis of the amount of subsistence allowance, and other compensatory allowances which he was in receipt of on the date of his suspension. 8.The payment of subsistence allowance and other allowances will be in accordance with and sub<ect to the condition laid down in f.1.=4 and other rules(instructions governing these payments. SignatureH AuthorityH *opy to ShriKKKKKKKKK >&1! >&1 1 %&;,.G S/S" .S,&.H &>>,* &> T0 KKKKKKKK. .oKKKKKKKKKKdt.atKKKKKKKKKK..theKKKKK.. &13 1 Dhereas an order placing ShriKKKK.under suspension, was made(was deemed to have been made byKKK.onKKKK.H .ow, therefore, the undersigned, in exercise of the powers conferred by clause R of sub)rule 5=6 of rule 10 of **S 5**A6 1ules, 19:=, 0.

100

0++,)(03,- #% BSNL -5+,%4--.? hereby revo#es the said order of suspension, with immediate effect. SignatureH .ameH 3esignationH

&13 1 &> 3

! 3 S/S" .S,&. ,. *AS &> 3 T .T,&. &> T0 !"-&2

&>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .o D0 1 AS 3ated at the

a case against ShriKKKKKKKK.5name and

designation of the employee6 in respect of a criminal offence is under investigation(inBuiry(trialH

101

A.3 D0 1 AS the said ShriKKKKwas det:ailed in custody onKK..for period exceeding forty)eight hoursH .&D,T0 1 >&1 , the said ShriKKKK..is deemed to have been suspended with effect from the date of detention, i.e. theKKKKin terms of sub)rule 5+6 of 1ule 10 of the *entral *ivil Services 5*lassification, *ontrol and Appeal6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? and shall remain under suspension un til further orders. Signature .ame and 3esignation of Appointing authority.

&13 1 &> 3

! 3 S/S" .S,&. ,. *AS &> ,!"1,S&.! .T

&>>,* &> T0 QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ .o. 3ated at the

D0 1 AS ShriKKKKKKKKKKKK.5name and designation of the employee6 has been convicted of the criminal offence under

102

SsKK..ofKKK..5mention the enactment under which convicted6 and has been sentenced to imprisonment forKKKKKKKK A.3 D0 1 AS the said ShriKKKKKKhas undergone imprisonment for a period exceeding forty)eight hoursI .&D, T0 1 >&1 , the said ShriKKKKK..is deemed to have been suspended with effect from the date of imprisonment, i.e. theKK..in terms of sub)rule 5+6 of 1ule 10 of the *entral *ivil Services 5*lassification, *ontrol and Appeal 6 1ules, 19:=, 0. 0++,)(03,- #% BSNL -5+,%4--.? and shall remain under suspension until further orders. Signature .ame and 3esignation of the Appointing Authority.

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