m3 l3 vigilance

8/13/2019 M3 L3 Vigilance

http://slidepdf.com/reader/full/m3-l3-vigilance 1/107

BHARAT SANCHAR NIGAM LIMITED

JTO BASIC COURSE

GENERAL ADMINISTRATION

(PART – II)

H.3

VIGILANCE AND DISCIPLINARY PROCEEDINGS



LESSON PLANVIGILANCE AND DISCIPLINARY PROCEEDINGS

FORM 16ADMINISTRATORS'/INSTRUCTORS' GUIDE

Page 1/2MODULE LESSON PLAN ISSUED: March 2006

COURSE CODE:SUB ECT: !IGILANCE " DISCIPLINAR# PROCEEDINGS

NO LIST OF MODULES T#PE OFOB

DURATION

TRAINI NGTEC$NI%UE

L1

L2

L&

!IGILANCE1 E()*a+, !+g+*a,ce -rga,+.a +-, a, + e )2 F ,c +-, -3 4+g+*a,ce& !+g+*a,ce e ) +, BSNL5 C-, * a +-, + h 4+g+*a,ce

C-77+ +-,DISCIPLINAR# PROCEEDINGS

1 E()*a+, he c-, + +-,a* )r-4+ +-, 3-r+ c+)*+,ar8 )r-cee +,g

2 I, r- ce CCS 9C-, c R *e 1;65& I, r- ce CCS 9CCA r *e 1;6<5 E()*a+, he +33ere,ce =e ee, > +c+a*

)r-cee +,g a, e)ar 7e, a* )r-cee +,g

< E()*a+, Pr+,c+)*e -3 Na ra* > +ce6 Pe,a* +e

DISCIPLINAR# PROCEEDINGS1 E()*a+, he age -3

D+ c+)*+,ar8 Pr-cee +,g2 E()*a+, Pre*+7+,ar8 I,? +r8& Dec+ +-, - c-, c Ora* I,? +r85 Pre)ara +-, -3 charge hee< A))-+, 7e, -3 I,? +r8 -33+cer 6 A))-+, 7e, -3 Pre e, +,g -33+cer @ De3e,ce A + a,

C-, c +,g Ora* I,? +r8 =8 I,? +r8O33+cer

; Br+e3 -3 he Pre e, +,g -33+cer 10 Br+e3 -3 De3e,ce A + a,

Cha) er IPara 1

Cha) er IIPara 1

A,,e( re IA,,e( re II

Para 2Para <

Cha) er II

Para 6 10

1 $r

1 $r

1 $r

Le -,

Le -,

Le -,



FORM 16ADMINISTRATORS'/INSTRUCTORS' GUIDE Page 2/2

MODULE LESSON PLAN ISSUED: March 2006COURSE CODE:

SUB ECT: !IGILANCE " DISCIPLINAR# PROCEEDINGS NO LIST OF MODULES T#PE

OF OBDURATION

TRAININGTEC$NI%UE

L5

L<

DISCIPLINAR# PROCEEDINGS

1 E()*a+, he )re)ara +-, -3 I,? +r8 re)-r =8 I O

2 C-, + era +-, -3 he I,? +r8 re)-r =8D+ c+)*+,ar8 a h-)r+ 8

& Pre)ara +-, -3 3+,a* Or er

5 E()*a+, A))ea*< A))e**a e a h-r+ 86 Re4+ +-,@ Re4+e

SUSPENSION

1 E()*a+, he 4ar+- c*a e -3)e, +-,

2 C-, c +,g 7-c I,? +r8

Cha) er II

Para 111@

Cha) er IIIPara 1 &0

A,,e( r III

1 $r

1 $r

&0M+,

&0M+,

Le -,

Le -,

Le -,

E(erc+ e



CONTENTS

CHAPTER TOPIC PAGE NO

1 VIGILANCE 1

2 DISCIPLINARY PROCEEDINGS 6

3 SUSPENSION 56

4 ANNE URES 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)/" T ! ST 2(3 "A T! T

%igilance organi'ation in each !inistry( 3epartment is headed by a *hief

%igilance officer. e #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

1



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 ead 7uarters. *ases of Group $ &fficers

are initially processed by the *ircles. All reference to the *%* or /"S*

are made by the vigilance branch at ead 7uarters.

8.0 * T A- % 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.

=.0 *&!"&S T & &> T *%*

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

2



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 ngineer?s level, @ Technical xaminers,

: Assistant Technical 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 / 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. owever, 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 thedisciplinary authority. owever, 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 ouses of "arliament. This

&



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 " &* 3/ >& *& S/-TAT & D T T *&!! 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 anyone else.

4. *ases in which a Government servant has caused substantialloss to Government as a result of grave(deliberate negligence orindulged 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 thenBuiry &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

5



the advice of the *ommission and desires reconsideration by the

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

of Secretary of the 3epartment.

3isciplinary proceedings resulting from purely administrative lapses arenot 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 " &* 3/ >& TA; G A*T & AGA ST G &/" EAF &>> * S.

Any disciplinary action against a Group AF &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 ead 7uarters.

<



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

either frame their own disciplinary rules or adopt existing rules $y

various orders issued by $S - $oard, the disciplinary rules applicable

to *entral *ivil Service are made applicable to $S - also. egarding

Group EA,F their absorption is not over. ence there is not change inexisting 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

ules 19:8 have an administrative aspect, the **S5**A6 rules 19:=

have a protective feature.

6



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 Articles 411 5+6 of the constitution guarantees reasonable opportunities to

a public servant and ensures)

i. 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 ules, as the nomenclature suggests, are the rulesclassifying 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 ustice are certain rules, fundamental to

dispensation of <ustice. atural ustice? 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. 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. ear 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 and

EfairnessFThe explanations of these two principles are given below.

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 E usticeF

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',- $-,0# " #% +$%+-$ -0$ " .

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 udge 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++, 0 , # #% & +, "0$ +$% --& "

The disciplinary proceedings are Buasi)<udicial in nature. ence, principle

of natural <ustice are fully applicable to these proceedings.

2.5 A++, 0 , # #% A& " #$0# - 0##-$

The principles of natural <ustice are also applicable to the administrative

proceedings which involve civil conseBuences.

2.6 T - $',- %/ "0#'$0, 7' # - -# %,0#-& 8 -$-

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,

there has been violation of natural <ustice or non compliance with

important procedural reBuirements. xplaining the scope of the principles

10



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 igh *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.

+. nBuiry is conducted without bias and vindictiveness, disclosing

predisposition and pre)<udgment of the issue involved.

4. nBuiry officer is ob<ective and dispassionate.

8. 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, thecourt 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 moral)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. eport of any irregularity in accounts, revealed in the routine audit of

accounts i.e. tempering with records, over payments, misappropriation

of money and materials.

@. eport of "arliamentary *ommittees li#e the estimates committee on

"ublic /nderta#ings.

9. "roceedings of the two ouses of "arliament.10.*ompliants and allegations appearing in the press.

11. eports of the inspection authorities.

3.4 The disciplinary cases may arise because ofH)

1. 3ereliction of duty.

12



+. rresponsibility

4. !isbehaviour, with senior(<uniors or colleagues or public, in the course

of discharge of official duty.

8. efusal 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 byconvention.

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 ules, 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- %" #% -# '+ -"<' $

4.1 = -$- ,0" - 0" ,- " %, -&.

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$# -"#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 inBuiryestablished that there is a prima)facie? case, regular departmental

proceedings are instituted as per **S5**A6 ules. 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. ecovery 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.

=. eduction 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. eduction 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.

+. eduction 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. emoval 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.

) eversion 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.

) eversion 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.

Termination of service as per terms and conditions.

5.4 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',- #% - /%,,%8-& /%$ +% " +-"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 theform 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 ules 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 ules 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. The

denial of access to records, in such cases, may handicap the Government

servant in preparing his representation. eBuests for inspection of

records, in such cases, has to be considered by the disciplinary authority,

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

1



opinion that the allegations against the Government servant stand

substantiated, it may proceed to impose upon him, any of the minor

penalties specified in ule 11, which it is competent to impose.

6.6 The disciplinary authority may, if it thin#s fit, in the circumstances of anyparticular case, decide that an enBuiry should be held in the manner laid

down in sub rules 546 to 5+46 of ule 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 ule 18 of

the **S 5**A6 ule 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%,& " %/ 0" "<' $ ? 8 -" &- 0"&-& # - &-, "<'-"#>

/nder the rules 1:516of the **S 5**A6, it is discretion of the disciplinaryauthority 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-"-$0, P$% -&'$- /%$ +% " +-"0,# -

9.1 P$-, "0$ I"<' $ >

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. The

investigation report along with preliminary evidences are collected by

appropriate authority to come to a decision whether "rima)facie case?

exists for initiation of formal disciplinary proceeding. The officer

responsible for the decision should ta#e care not to express, any opinion

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 prima)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 ule 18 5ma<or6 or ule 1:5!inor6 of the **S 5**A6 ules. 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 followingsteps are ta#en)

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.

+. e is given an opportunity of ma#ing such representation as he may wish

to ma#e against the proposal.

4. is 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 beallowed 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 isnecessary 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 bevague. !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 ofone 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 ule 4 516 of the *entral civil Service 5*onduct6 ules, 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 ule 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 ule 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

circumstances which it is proposed to ta#e into consideration. n

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.: ule 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. ence, 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. The

admission should, however, be expressed in writing. t is not sufficient to

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

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 beinginBuired 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, unlessthere 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 ules.

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

departmental set)up, who is conversant with the case, will be appointed as

the "resenting &fficer. n cases involving complicated points of law,

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 stablishment, there is noob<ection to an official of that stablishment being nominated as the

"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, theaccused officer is not reBuired to ta#e prior permission of the disciplinary

authority. e 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.

2



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. e 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 casedo not warrant such an appointment.

1* H%,& " I"<' $

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 andif 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 daysdocuments, 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 relevancyshould 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 documentswould 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. Supply of

copies of previous statements of witnesses, is, however, necessary in

view of the provision in ote below ule 18 5116

&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.

e 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. on compliance to

summons can be treated as conduct unbecoming of the public servantrendering himself liable for disciplinary action.

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) examination)in chief?, cross)examination? and re)

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, unless 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 suchBuestions 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. e 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 theevidence 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. e 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. e 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. Such notes should form part of the record of the

inBuiry. 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 evidenceof 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. owever, if the witness denies the

correctness of any part of the record, the nBuiry &fficer may, instead of

correcting the evidence, record, the ob<ection of the witness. The

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

&<



E ead 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. eBuests 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.

) easons 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-+%$# %/ # - I"<' $ 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 regardsevaluation 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 allthe 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 authority and additional documents

reBuisitioned and admitted on behalf of the charged

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. is 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.

&



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 thedefence version. is first duty is to study and understand the

department?s case and the defence version thoroughly.

11.C e 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. e should not be allowed to plead that he violated the procedure in

the interest of service. ules 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 mala)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. ! "& " %/ # - D +, "0$ 0'# %$ #

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 aving 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 " %/ ! "0, %$&-$

14.1 f the disciplinary authority is of the opinion that any of the minor penaltiesshould 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 >. . =: 5<6 are not formal punishment under **S 6**A6

ules 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 ules 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 thedecision 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 ORDERS1.*ensureH EThe penalty of * S/ is imposed of ShriKKKKKKKKK.F.

+. $arring incrementH E&ne increment of Shri is barred for a period ofyears without any cumulative effect.F

4.Dithholding "romotionH E ext promotion of Shri from the grade of is

withheld for a period of years.F

8. eduction to a lower stageH E t is therefore, ordered that the pay of Shri bereduced by stages from s. n the time scale of pay for a period ofyears(months with effect from . t is further directed that Shri will(willnot earn increments of pay during the period of reduction, and that on the expiryof this period, the reduction will(will not have the effect of postponing his futureincrements of pay.F

=. eduction to a lower "ost(Grade(Time Scale(ServiceH Dhere the penalty isimposed for an indefinite periodH EShri is reduced to the lowerpost(grade(service of until he is found fit by the competentauthority to be restored to the higher post(Service of E.

Dhere it is intended that the fitness of the government Servant for re)promotionor 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 foundfit, after a period of years from the date of thius order, to be restored to thehigher post of

52



The following conditions also can be imposedHEThe period of reduction will also operate(will not operate to postpone his futureincrements in the time scale of his original post, on his restoration to that post.F

And

E e shall(shall not on his re)promotion to his original post regain his originalseniority in the higher post(grade(Service of which had been assigned to himprior to the imposition of the penaltyF.

:.3ismissal( emoval(*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 ules, 19:=, the undersigned

hereby dismisses(removes the said Shri or directs that the said Shri

shall be compulsorily retired from service with effect from E.

5L7uote ule 19 5i6, if the order is as a result of conviction6NOTE> 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 nBuiry &fficer?s functions are three fold, vi', to document, to analyse and

to recommend whether the charges are proved or not.

18.+ 3&?S A 3 3& ?T >& 7/ 2 &>> *

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 thecharge 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. e

should not also be allowed to waste public money and time by delaying

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 vidence Act? are not

applicable to domestic enBuiries.

55



19.3o not entertain any reBuest from the charged officer for supply of

copies of documents. e 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 bepermitted 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. ecall a witness for re)examination, only if it is absolutely necessary in

the interest of <ustice.

[email protected] the demeanour of the witness while deposing, and ma#e a noteof 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,. eliance 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 noopportunity 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.

[email protected] 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 which loo#s reasonable, clearly

indicate in the report the relation between the imputations, evidence

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.

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 ustice 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 mannerwith precision, clarity and logic.

1=.+ 2ou should be in a position to assist the nBuiry &fficer, to plan the stages

of regular hearing purposefully.

1=.4 $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 yourappointment 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. f additional evidence is

necessary, get it through him.

1=.: Study your case fully, and ta#e the proceeding seriouslyI

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 andadeBuate to present the case.

1=.C Study each element of the event(transaction, all the elements the conduct

attributed to him.

1=.@ 2our study of the case should be thorough and purposeful. Great care is

needed in the exercise.

1=.9 !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

5



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. ;eep all your

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 emember the points which are generally raised by the defence, vi'.

mala)fides, atural ustice and burden of proof. Buip yourself, fully, how

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

integrity, honesty and conduct. Dhen he fails to maintain them, he

commits misconduct, exposing himself for action under the rules. e

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;



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 ules, 19:=.

• Authority to issue the order is the -eave Sanctioning Authority.

• t is regulated by ule :+, " 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 ule 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 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.

> 1C JA 3 "A T * "AT & &> A G&% ! T S %A T A

ST ;

Dithout pre<udice to the provisions of ule +C of the *entral *ivil Services

5"ension6 ules, 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 illegal under the provisions of the

ndustrial 3isputes Act, 198C, or any other law for the time being in

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 postIshall 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 ule, the term E*ompetent authorityF means the

EAppointing authorityF.

<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 > 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 considera. 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

<&



+. emitting 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 ule 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 anyother case unless the appellant has been given a reasonable

opportunity, as far as may be, in accordance with the provisions

of ule 1: of ma#ing a representation against such enhanced

penalty.

1C.+ REVISION

n certain circumstances, if it is found that the punishment awarded isinadeBuate 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. emit 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.

estriction

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, reasonableopportunity 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.4REVIE=

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.

estrictionsH 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*A3

A""& T G

A/T & T2

!A & " A-T2 ! & " A-T23isciplinary

authority

Appellate

Authority

eviewing

Authoity

3isciplinary

authority

Appellate

Authority

eviewing

Authoity

1Sr.S3 (

S3

3irector

5 36

G! concerned(

* ( Buivalent

officer

*G!

*oncerned

3irector

5 36

*G!

*oncerned

3irector

5 36

3irector

5 36

+ A& (

Sr. A&3irector 5>in6

G! 5>in6

*oncerned

*G!

*oncerned

3irector

5>in6

*G!

*oncerned

3irector

5>in6

3irector

5>in6

4

T&(

Buivalent

&fficer

G! in charge

of Admn. n

*&

3G!(S (

Buivalent

officer

concerned

G!(* (

Buivalent

officer

concerned

*G!

*oncerned

G!(* (

Buivalent

officer

concerned

*G!

*oncerned

3irector

5 36

8 A&

G! 5>6 ( >A

in *&

3G! 5>in6

*oncerned

G! 5>in6

*oncerned

3irector

5>in6

G! 5>in6

*oncerned

*G!

*oncerned

3irector

5>in6

= "S("A3irector

5 36: TTA 3 T Gr. $ &fficer of

T S

STS &fficer of

TS Gr.A

3 T AG

&fficer of

<@



TS Gr.A

C Sr. T&A

@ T! 3 TGr. $ &fficer of

T S

STS &fficer of

TS Gr.A3 T

AG

&fficer of

TS Gr.A9 Gr.3

<



S -&',- %/ # - , # " %"&' # " " - # 0# %" 0"& D-+0$# -"#0,

"<' $ - +$- $ -& # - C-"#$0, V ,0" - C% %"

Sl o. State of nvestigation or nBuiry Time -imit1 3ecision as to whether the compliant involves

a vi gilance angle.

&ne month from receipt

of the compliant.+ 3ecision on compliant, whether to be filed or

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.

)do)

4 *onducting investigation and submission of

report.

Three months.

8 3epartment?s comments on the *$ reportsin cases reBuiring *ommission?s advice.

&ne month from the dateof receipt of *$ ?s report

by the *%&(3isciplinary

Authority = eferring departmental investigation report to

the *ommission for advice.

&ne month from the date

of receipt of investigation

report. : econsideration of the *ommission?s advice,

if reBuired.


of receipt of*ommission?s advice.

C ssue of charge)sheet, if reBuired. i. &ne month from the

date of receipt of

*ommission?s advice.

ii. Two months from the

date of receipt of

investigation report.

@ Time for submission of defence statement &rdinarily ten days or asspecified in **A ules.

9 *onsideration of defence statement 1= 5>ifteen 6 days. 10 ssue of final orders in minor penalty cases. Two months from the

receipt of defence

statement.

<;



11 Appointment of &("& in ma<or penalty

cases.

mmediately after receipt

and consideration of

defence statement. 1+ *onducting departmental inBuiry and

submission of report.,

Six months from the date

of appointment of &("&. 14 Sending a copy of the &?s report to the

*harged &fficer for his representation.

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.

easons for

disagreement with &?s

findings to be

communicated.18. *onsideration of *&?s representation and

forwarding &?s report to the *ommission for

second stage advice.


of receipt of

representation.1= ssuance of orders on the nBuiry eport. .&ne month from the

date of *ommission?sadvice.ii. Two months from thedate of receipt of &?sreport if *ommission?sadvice was not reBuired.

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

60



TABLE

GROUP B O!!ICERS ABSORBED IN BSNL

POST CHAIRMAN O! REVIE=

COMMITTEE

MEMBERS O! THE REVIE=

COMMITTEET&( Buivalent G! in charge of Admn in

*ircle office

*ircle %igilance ead N 3G!

5A6 of concerned unitS3 (Sr.S3 3irector 5 36 Sr. 33G 5 &N! 6

G! in charge of Admn in *.&

*ircle %igilance ead

5Secretary J Addl member of

the committee6 A&(Sr.A& 3irector 5>6 do

GROUP B O!!ICERS &T ABSORBED IN BSNL

POST CHAIRMAN O! REVIE=

COMMITTEE

MEMBERS O! THE REVIE=

COMMITTEET&( Buivalent Advisor 5 36 Sr. 33G 5%ig6 N S 5T6S3 (Sr.S3

A&(Sr.A&(AA&(A

5 * 6(A 5 6(Asst.

Architect etc

!ember 5S6( 5>6( 5&6 Advisor 5 36( 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&



;.* DE!IANCE O! AN ORDER O! SUSPENSION

3efiance of an order of suspension constitutes a serious misconduct.

1*.* 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 ead Buarters of a Government Servant under suspension

should normally ally be his last place on duty. A reBuest for change of ead

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 ischeaper to accept the resignation, it is accepted.

14.* RETIREMENT ON SUPERANNUATION

"roceeding may be continued in accordance with the provision of rule 9 of the

*.*.S. 5"ension6 ules, 19C+. The government servant is paid provisional

pension instead of subsistence allowance.

15.* 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 >. . =4 amount of subsistence allowance payable to a GovernmentServant 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.* 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.

22.* 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<



26.* DEATH =HILE UNDER SUSPENSION (!.R.54 B(2)

D 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

• 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.

2:.* LA= O! LIMITATION

The law of limitation is not applicable to the orders to be made under >. .=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 REVO ING 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.

6



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.

:. oining of associations by Government Servants

C. 3emonstration and stri#es

@. *onnection with "ress or adio.

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 estrictions 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. estriction regarding marriage

++.*onsumption of intoxicating drin#s and drugs.

+4. nterpretation

+8.3elegation of "owers

+=. epeal 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 andiii. do nothing which is unbecoming of a Government servant.

The controlling officer who fails to control his sub)ordinate can be proceeded

against under ule 4 5+6 , reproduced below.

ule 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 officialduties, 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 ules prescribe competent disciplinary authorities and empowerthem,

i. to suspend Government Servants wherever necessary,

ii. to initiate disciplinary proceedings against Government Servants

for violation of *onduct ulesH and

iii. to "unish them.

b6 Appellate, evising and eviewing Authorities are defined and they are

empowered to confirm, enhance or reduce or set aside a punishmentawarded or remit the case with appropriate directions to the authority who

awarded the punishment

The ules have the following "arts and ulesH

P0$# I> G-"-$0,

ule H Short title and commencement

ule + H nterpretations

ule 4 H Application

P0$# II C,0 / 0# %"

ule 8 H *lassification of services

ule = H *onstitution of *entral *ivil Services

ule : H*lassification of posts

ule C H General *entral Service

@1



P0$# III > A++% "# " A'# %$ #

ule @ H Appointments to *lass Services and "osts

ule 9 H Appointments to other Services and "osts

P0$# IV>S' +-" %"

ule 10 H Suspension

P0$# V> P-"0,# - 0"& D +, "0$ A'# %$ # -

ule 11H "enalties

ule 1+H 3isciplinary Authorities

ule 14H Authority to initiate proceedings.

P0$# VI >P$% -&'$- /%$ +% " P-"0,# -

ule 18H "rocedure for imposing !a<or penalties

ule 1=H Action on the nBuiry eport.ule 1:H "rocedure for imposing !inor "enalties

ule 1CH *ommunication of orders.

ule 1@H *ommon "roceedings

ule 19H Special "rocedure in certain cases.

ule +0H "rovisions regarding officers lent to state governments etc.

ule +1H "rovisions regarding officers borrowed from state governments

etc.P0$# VII> A++-0,

ule ++H &rders against which no appeal lies.

ule +4 H &rder against which appeal lies.

ule +8 H Appellate Authority

ule +=H "eriod of limitation for appeal

ule +:H>orm and contents of appeal

ule +CH*onsideration of appeal

ule +@H mplementation of orders in appeal.

P0$# VIII> R- %" 0"& R- -8

ule +9H evision

ule +9)A eview

P0$# I > M -,,0"-%' (R',- 3* #% 35)

@2



ule 40H Service of orders, notices etc.

ule 41H "owers to relax time)limit and condone delay

ule 4+HSupply of *ommission?s advice

ule 44H Transitory "rovisions

ule 48H epeal and Saving

ule 4=H emoval of doubts

All disciplinary, Appellate, evising and eviewing 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 ules, 19:8.

ANNE URE III

STA 3A 3 >& !S

!%$ /%$ -$ / " P -'&%" %' % +,0 "#

B R- &.A D

T%

S $ .

D-0$ S $?

I 0 F"%8,-& - # - $- - +# %/ %'$ ,-##-$ N% . D0#-& ..

%"#0 " " 0 % +,0 "# 0 0 " # $- 0$& "

# - ..I" # %""- # %"? I 0 #% $-<'- # %' F "&, #%

%"/ $ # 0# # - 0 & % +,0 "# 0 --" 0&- %'. Y%' 0$- 0, %

$-<'- #-& #% "# 0#- # - &% ' -"#0$ 0"& %# -$ - &-" - " %'$+% - %" #% ' #0"# 0#- # - %"#-"# %/ %'$ % +,0 "# 0"& #%

#0#- 8 -# -$ %' 8 ,, - 8 ,, " #% 0++-0$ 0"& &-+% - -/%$- 0

&-+0$# -"#0, %// -$? / 0" ? 0++% "#-& #% ,%%F "#% # % +,0 "#.

Y%'$ /0 # /',, ?

@&



(N0 -)

(D- "0# %"6

CHARGE SHEET UNDER RULE 16

O!!ICE O! THE MEMORANDUM

N%. D0#-& 0# # -

S $ (N0 - 0"& D- "0# %")? " # - %// - %/ ..

-$- "/%$ -& # 0# # +$%+% -& #% #0F- 0 # %" 0 0 " # '"&-$

R',- 16 %/ # - C-"#$0, C , S-$ - (C,0 / 0# %"? C%"#$%, 0"&

A++-0,) R',- ? 1;65 0 0++, 0 ,- #% BSNL - +,% -- . A S#0#- -"#

%/ # - +'#0# %" %/ %"&' # %$ - 0 %'$ %" 8 0 # %"

+$%+% -& #% - #0F-" 0 -"# %"-& 0 % - -" ,% -&.

2. S $ . I -$- -" 0" %++%$#'" # #% 0F- '

$-+$- -"#0# %" 0 - 0 8 #% 0F- 0 0 " # # - +$%+% 0,.

3. I/ S $ /0 , #% ' # $-+$- -"#0# %" 8 # " 1* &0

%/ # - $- - +# %/ # M- %$0"&' ? # 8 ,, - +$- ' -& # 0# - 0

"% $-+$- -"#0# %" #% 0F- 0"& %$&-$ 8 ,, - , 0 ,- #% - +0 -&

0 0 " # - +0$# .

4.T - $- - +# %/ # M- %$0"&' %',& - 0 F"%8,-& -& $

(N0 -)

D +, "0$ A'# %$ #

@5



T%

S $

(C 0$ -& O// 0,)

!ORM !OR INITIATION O! MINOR PENALTY PROCEEDINGS

(I" 0 - 8 -$- & +, "0$ 0'# %$ # &- &- #% %,& # - "<' $ )(R',- 16 %/ CCS (CCA) R',- ? 1;65)

O!!ICE O! THE

MEMORANDUM

N%. D0#-& 0# # -

I" %"# "'0# %" %/ M- %$0"&' N% ..&0#-& ? '-&

'"&-$ R',- 16 %/ # - CCS(CCA) R',- ? 1;65? 0 0++, 0 ,- #% BSNL

- +,% -- ?# - '"&-$ "-& %/ # - %+ " %" # 0# # "- - 0$ #% %,&

0" -"<' $ 0 0 " # S $ .'"&-$ R',- 16 (1) ( ) %/ # - CCS

(CCA) R',- ? 1;65? 0 0++, 0 ,- #% BSNL - +,% -- . T - ' #0" - %/

# - +'#0# %" %/ %"&' # %$ - 0 %$ " $- +- # %/ 8 # -

"<' $ +$%+% -& #% - -,& -# %'# " # - -" ,% -& #0#- -"# %/

0$# ,- %/ 0$ - (A""- '$- I). A S#0#- -"# %/ # - +'#0# %" %/

%"&' # %$ - 0 %$ " '++%$# %/ -0 0$# ,- %/ 0$ -

-" ,% -& (A""- '$- II). A , # %/ &% ' -"# 8 ? 0"& 0 , # %/

8 #"- - 8 % ? # - 0$# ,- %/ 0$ - 0$- +$%+% -& #% - ' #0 "-&

0$- 0, % -" ,% -& (A""- '$- III 0"& IV.)

@<



2. S $ .. & $- #-& #% ' # 8 # " 1* &0 %/ # - $- - +#

%/ # M- %$0"&' 0 8$ ##-" #0#- -"# %/ &-/-" - 0"& 0, % #% #0#-

8 -# -$ - &- $- #% - -0$& " +-$ %".

3. H- /'$# -$ "/%$ -& # 0# 0" "<' $ 8 ,, - -,& %", " $- +- # %/

# % - 0$# ,- %/ 0$ - 0 0$- "%# 0& ##-&. H- %',&? # -$-/%$-?

+- / 0,, 0& # %$ &-" -0 0$# ,- %/ 0$ -.

4. S $ .. /'$# -$ "/%$ -& # 0# / - &%- "%#

' # 8$ ##-" #0#- -"# %/ &-/-" - %" %$ -/%$- # - &0#- +- / -& "

+0$0 2 0 % -? %$ &%- "%# 0++-0$ " +-$ %" -/%$- # - "<' $ " 0'# %$ # %$

%# -$8 - /0 , %$ $-/' - #% % +, 8 # # - +$% %" %/ $',- 14 0"& 16

%/ # - CCS (CCA) R',- ? 1;65? 0 0++, 0 ,- #% BSNL - +,% -- %$ # -

%$&-$ & $- # %" '-& " +'$ '0" - %/ # - 0 & R',-? # - "<' $ "0'# %$ # 0 %,& # - "<' $ 0 0 " # - +0$#-.

5. A##-"# %" %/ S $ " #-& #% R',- 2* %/ # - C-"#$0,

C , S-$ - (C%"&' #) R',- ? 1;64? 0 0++, 0 ,- #% BSNL - +,% -- ?

'"&-$ 8 "% G% -$" -"# -$ 0"# 0,, $ " %$ 0##- +# #% $ " 0"

+%, # 0, %$ %'# &- "/,'-" - #% -0$ '+%" 0" '+-$ %$ 0'# %$ # #% /'$# -$

"#-$- # " $- +- # %/ 0##-$ +-$#0 " " #% -$ - '"&-$ # -

% -$" -"#. I/ 0" $-+$- -"#0# %" $- - -& %" - 0,/ /$% 0"%# -$

+-$ %" " $- +- # %/ 0" 0##-$ &-0,# 8 # " # - - +$% --& " ? # 8 ,, -

+$- ' -& # 0# S $ . 080$- %/ ' 0 $-+$- -"#0# %" 0"&

# 0# # 0 --" 0&- 0# " #0" - 0"& 0 # %" 0 - #0F-" 0 0 " #

/%$ %,0# %" %/ R',- 2* %/ # - CCS (C%"&' #) R',- 1;64? 0 0++, 0 ,- #%

BSNL - +,% -- .

6. T - $- - +# %/ # - - %$0"&' 0 - 0 F"%8,-& -&.

S "0#'$-

N0 - 0"& D- "0# %" %/ # - D +, "0$ 0'# %$ #

T%

@6



S $ .

ANNE URE I

S#0#- -"# %/ 0$# ,- %/ 0$ - /$0 -& 0 0 " # S $

ARTICLE I

T 0# # - 0 & .8 ,- /'" # %" " 0 ..&'$ " # -

+-$ %&

ARTICLE II

T 0# &'$ " # - 0/%$- 0 & +-$ %& 0"& 8 ,- /'" # %" " " # - %// -? 0 &

$

ANNE URE –II

@@



S#0#- -"# %/ +'#0# %" %/ %"&' # %$ - 0 %'$ " '++%$# %/

# - 0$# ,- %/ 0$ - /$0 -& 0 0 " # $

ARTICLE I

ARTICLE II

ANNE URE III

L # %/ &% ' -"# 8 # - 0$# ,- %/ 0$ - /$0 -& 0 0 " #

S $ 0$- +$%+% -& #% - ' #0 "-&>

ANNE URE IV

L # %/ 8 #"- - 8 # - 0$# ,- %/ 0$ - /$0 -& 0 " #

$ .

CHARGE SHEET !OR MAJOR PENALTY ACTION

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

! !& A 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

ules 19:= 0 0++, 0 ,- #% BSNL - +,% -- ? . 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

@



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. e is further informed that an inBuiry will be held only in respect of those

articles of charge as are not admitted. e 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 notappear in person before the inBuiring authority or otherwise fails or refuses to

comply with the provisions of rule)18 of the **S 5**A6 ules 19:=, 0

0++, 0 ,- #% BSNL - +,% -- ? , or the orders(directions issued in pursuance of

the said ule, the inBuiring authority may hold the inBuiry against him ex)parte.

=. Attention of shriKKKKKKKKKKK..is invited to ule)+0 of the

*entral *ivil Services 5*onduct6 ules, 19:8, under which no Government

servant shall bring or attempt to bring any political or outside influence to bearupon 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 ule)+0 of the **S

5*onduct6 ules, 19:8.

C. The receipt of the memorandum may be ac#nowledged.

Signature

ame and 3esignation of the 3isciplinary authority

@;



A O/ )

Statement of imputations of misconduct or misbehaviour in support of the

articles of charge framed against shriKKKKKKKKK..

A T *- )

A T *- )

KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK

A O/ )

-ist of documents by which the articles of charge framed against shriKKKKK

are proposed to be sustainedH

KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK

A O/ ) %

-ist of witnesses by which the articles of charge framed against shriKKK..areproposed to be sustained.

A""& T! T &> T 7/ G A/T & T2

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

ORDER

o. 3ated at the

D AS an inBuiry under ule)18 of the *entral *ivil Services

5*lassification, *ontrol and Appeal6 ules 19:= 0 0++, 0 ,- #% BSNL

- +,% -- ? is being held against ShriKKKKK5 ame and 3esignation of the

charged employee.6

1



A 3 D AS the undersigned considers that an nBuiring authority should

be appointed to inBuire into the charges framed against him.

&D T >& , 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 toH1. Shri. 5name and 3esignation of the charged employee6

+. Shri 5name and 3esignation of the nBuiry &fficer6

4. Shri 5name and 3esignation of the "resenting &fficer, f any appointed.6

A""& T! T &> T " S T G &>> *

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

ORDER

o 3ated at the

2




5*lassification, *ontrol and Appeal6 ules 19:= 0 0++, 0 ,- #% BSNL

- +,% -- ? is being held against shriKKKK5name and 3esignation of the

charged employee.6

A 3 D 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 T >& , 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 thearticles 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 * >& " - ! A 2 A G

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

To

The *harged &fficial

o. dated at the

&



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. dated, a copy of which has

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. Thepurpose 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.

+. eceipt of this notice may please be ac#nowledged.

2ours faithfully,

5 ame6nBuiring authority

*opy to.

1.5"resenting &fficer6. e 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

5



o. dated at the

S' > D-+0$# -"#0, I"<' $ "#% # - 0$ - /$0 -&

0 0 " # $ .

Sir,

have been appointed as nBuiring authority to conduct nBuiry in the case

above cited, vide order o. issued by

+. the *harged &fficial in the said case has nominated shri who is

wor#ing as , under your control, to assist him to present the

case on his behalf, in terms of ule 18 5@6 5a6 of *entral *ivil Services5*.*.A.6 ules 19:= 0 0++, 0 ,- #% BSNL - +,% -- . .

4. The oral enBuiry in the case shall be held on at , and from time to

time, on the dates and time to be fixed later, till completion.

8. t is reBuested that the said shri may please be directed

to attend the inBuiry proceedings on the date and time as mentioned above

and also as may be fixed hereinafter.

2ours faithfully,5name6

IN@UIRING AUTHORITY

*opy toH1.Shri. 5"roposed 3efence Assistant6

+.Shri. 5*harged official6

7/ S T & >& A33 T & A- 3&*/! TS


T&

o. dated at the

<



SubH) 3epartmental enBuiry in to the charges against shri.

eBuisition 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 * >& G/-A A G

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

To

Shri.

6



o. dated at , the

Sub<ectH) 3epartmental nBuiry into the charge framed against Shri.

Sir,

have been appointed as inBuiring authority to conduct inBuiry in the case

above cited, vide. &rder o. , a copy of which has been endorsed to

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. eceipt of this notice may please be ac#nowledged.

2ours faithfully,nBuiry Authoirity

*opy toH)

1.Shri. 5"resenting &fficer6. e is also reBuested to attend the

regular hearing at the appointed dates and time.

+.Shri. 53efence Assistant6. e is reBuested to attend the

proceedings.6

&T * T& D T SS T &/G S *& T &-- G A/T & T2

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

& . 3ated at the

To

@



T%

N%. &0#-& 0# ? # -.

S $?

S' > D-+0$# -"#0, "<' $ "#% # - 0$ - /$0 -& 0 0 " # $ .

I 0 - --" 0++% "#-& 0 I"<' $ " 0'# %$ # #% %"&' # "<' $ " # -

0 - 0 % - #-&? &-. O$&-$ N% &0#-& '-& .

2. Y%' 0 - --" #-& 0 8 #"- " # - 0 & 0 -. S " - I %" &-$

%'$ - &-" - #% - $-,- 0"# 0"& 0#-$ 0, #% # - 0##-$ '"&-$ "<' $ ?

%' 0$- $-<'- #-& #% 0++-0$ -/%$- - %" 0# $

0# #% - - &-" -.

3.R- - +# %/ # - ,-##-$ 0 +,-0 - - 0 F"%8,-& -&.

Y%'$ /0 # /',, ?

(N0 -)

I"<' $ " 0'# %$ #

TA(3A >& " S T G &>> *

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

&. 3AT 3 AT

;



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

* T > *AGT >& TA(3A >& 3 > * ASS STA T

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

o dated at , the

SubH) 3isciplinary "roceedings against shri.

This is to certify that Shri. Attended the proceedings in

the departmental enBuiry against shri to assist the

said Shri.

n presenting his case on at


expenses.

5 ame6

;0



7/ G A/T & T2

>& ! >& TA(3A T& * A G 3 &>> * A-

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

o. dated at , the

SubH) 3isciplinary "roceedings against Shri.

This is to certify that Shri. Attended the

proceedings in the departmental enBuiry against him on at

othing has been paid to him(her on account of his(her traveling and

other expenses.5 A! 6

7/ G A/T & T2

3A(T& T& D T SS

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

o. dated at the.

SubH) 3isciplinary "roceedings against Shri.

This is certify that shriKKKKKKKKKKKKattended the

proceedings in the departmental enBuiry against

ShriKKKKKKKK..as a witness on 8.1+.+00+

atKKKKKKKKKKKK..


expenses.

;1



5 ame6

7/ G A/T & T2

>& ! >& * A G G 7/ G A/T & T2

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

o. dated at the

& 3

D AS an inBuiry under rule 18 of the *entral *ivil Services

5*lassification, *ontrol and Appeal6 ules, 19:=, 0 0++, 0 ,- #% BSNL

- +,% -- ? is being held against ShriKKKKKKKKKKKKKK..

D AS ShriKKKKKKKKKKKwas appointed as nBuiringauthority to inBuire into the charges against shriKKKKKKKKvide.

&rder oKKKKKKKKKKKKKKdated, theKKKKKKKKK..

A 3 D 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,T >& , the undersigned in exercise of the powers

conferred by sub)rule 5+6 read with sub)rule 5++6 of ule 18 of the *entral

*ivil Services 5*lassification, *ontrol and Appeal6 ules, 19:=, 0

0++, 0 ,- #% BSNL - +,% -- ? hereby appoints ShriKKK..as

nBuiring Authority to inBuire into the charges framed against the said

shriKKKKKKKKK..vice ShriKKKKKKKKKKKK

SignatureH

ameH

3esignationH

*opy toH

;2



1.ShriKKKKKKKK..5*harged &fficial6

+.ShriKKKKKKKK..5 nBuiring Authority6

4.ShriKKKKKKKK..5"resenting &fficer6

>& ! >& * A G G " S T G &>> *

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

o. dated at the

& 3

D AS an inBuiry under rule 18 of the *entral *ivil Services

5*lassification, *ontrol and Appeal6 ules, 19:=, 0 0++, 0 ,- #% BSNL

- +,% -- ? is being held against ShriKKKKKKKKKK

D AS ShriKKKKKKKKK.was appointed as "resenting&fficer to present the case in support of the articles of charges framed

against shriKKK..before the nBuiring authority, vide. &rder

oKKKKKKKKdated, theKKKKKKKK

A 3 D AS the said ShriKKKKKKKK.is not available due

toKKK..and it is necessary to appoint another "resenting &fficer in this

case.

&D, T >& , the undersigned in exercise of the powersconferred by sub)rule 5=6 R of ule 18 of the *entral *ivil Services

5*lassification, *ontrol and Appeal6 ules, 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

;&



=.ShriKKKKKKK5 nBuiring Authority6

:.ShriKKKKKKK5"resenting &fficer6

STA 3A 3 >& ! &> & 3 >& TA; G 3 S* "- A 2 A*T &

*&!!& " &* 3 GS

5 ule 1@ of **S 5**A6 ules , 19:=6

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

& 3

o. 3ated at the

D AS the Government servants specified below are <ointlyconcerned in a disciplinary caseH

ShriKKKKKK..

ShriKKKKKK..

ShriKKKKKK..

&D, T >& , in exercise of the powers conferred by sub)rules

516 and 5+6 of ule 1@, *entral *ivil Services 5**A6 ules, 19:=, 0

0++, 0 ,- #% BSNL - +,% -- ? the undersigned hereby directs)

5i6 that disciplinary action against all the said Government servants

shall be ta#en in a common proceeding.

5ii6 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 ules 18(1=(1: shall be followed

in ther said proceedings

Signature

ame and 3esignation of the *ompetent Authority

;5



*opy toH

1.ShriKKKKKKK.5name and designation6

+.ShriKKKKKKK.5name and designation6

4.ShriKKKKKKK.5name and designation6

STA 3A 3 >& ! &> & 3 >& A""& T! T &> 7/ 2

A/T & T2 *&!!& " &* 3 GS

5 ule 1@ of **S 5**A6 ules, 19:=6


& 3

o. dated at the D AS an inBuiry under ule 18 of the *entral *ivil Services

5*lassification, *ontrol and Appeal6 ules, 19:=, 0 0++, 0 ,- #%

BSNL - +,% -- ? is being held against the officers specified belowH

ShriKKKKKKKKK.

ShriKKKKKKKKK.

ShriKKKKKKKKK.

ShriKKKKKKKKK.ShriKKKKKKKKK.

D AS common proceedings have been ordered against the

said officers.

A 3 D AS the undersigned considers that the nBuiring

authority should be appointed to inBuire into the charges framed against

the said &fficers.

&D T >& , 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.

;<



Signature

ame and 3esignation of the 3isciplinary

Authority

*opy toH

1.The accused officers.

+."resenting &fficer.

4. nBuiring Authority with the relevant documents.

>& ! &> & 3 >& A""& T! T &> " S T G &>> *

*&!!& " &* 3 GS

5 ule 1@ of **S 5**A6 ules, 19:=6

&>> * &> T QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

& 3o. 3ated at the


5*lassification, *ontrol and Appeal6 ules, 19:= 0 0++, 0 ,- #%

BSNL - +,% -- ? is being held against the officers specified belowH

ShriKKKKKKKK

ShriKKKKKKKK

ShriKKKKKKKK ShriKKKKKKKK

D AS common proceedings have been ordered against the

officers.

A 3 D 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 T >& , 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.

;6



Signature

ame and 3esignation of the 3isciplinary

authority

*opy toH

1. The Accused &fficers.

+. nBuiring Authority

4. "resenting &fficer.

STA 3A 3 >& ! >& S/S" S &

&>> * &> T KKKKKKKKKKK&KKKKKKK.dated at the

& 3

Dhere as a disciplinary proceedings against shriKKKKKK.is

contemplated(pending.

&

Dhereas a case against ShriKKKKKKK.in respect of a criminaloffence 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 ules, 19:=, 0 0++, 0 ,- #% BSNL - +,% -- ?

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 ead Buarters of ShriKKKKKKK.should beKKKKK

and the said ShriKKKKKKKKshall not leave the said ead

7uarters without obtaining the permission of the undersigned.

;@



Signature

ameH

AuthorityH

*opy to ShriKKKKKKKKK.&rders regarding subsistence

allowance admissible to him during the period of his suspension will

issue separately.

>& ! >& & 3 G S/$S ST * A--&DA * H

&>> * &> T KKKKKKK..

oKKKKKKKKKKK.dated atKKKKK..theKKKKKK..

& 3

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 > =4 5 or

;



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 3A 3 >& ! >& % D &> T S/$S ST *

A--&DA *

o. dated atKKKKKKKKthe

& 3

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

+. aving 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

;;



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. .=4 and

other rules(instructions governing these payments.

SignatureH

AuthorityH

*opy to ShriKKKKKKKKK

>& ! >& %&; G S/S" S & H

&>> * &> T KKKKKKKK.

oKKKKKKKKKKdt.atKKKKKKKKKK..theKKKKK..

& 3

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 ules, 19:=, 0

100



0++, 0 ,- #% BSNL - +,% -- ? hereby revo#es the said order of

suspension, with immediate effect.

SignatureH

ameH

3esignationH

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

&>> * &> T

QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

o 3ated at the

D AS a case against ShriKKKKKKKK.5name and

designation of the employee6 in respect of a criminal offence is under

investigation(inBuiry(trialH

101



SsKK..ofKKK..5mention the enactment under which convicted6 and

has been sentenced to imprisonment forKKKKKKKK

A 3 D AS the said ShriKKKKKKhas undergone

imprisonment for a period exceeding forty)eight hoursI

&D, T >& , 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 ule 10 of the *entral *ivil Services

5*lassification, *ontrol and Appeal 6 ules, 19:=, 0 0++, 0 ,- #%

BSNL - +,% -- ? and shall remain under suspension until further

orders.

Signature

ame and 3esignation of the Appointing

Authority.

m3 l3 vigilance

Documents