The Government Servants (Discipline & Appeal) Rules 2018
The Government Servants (Discipline & Appeal) Rules 2018
The Government Servants (Discipline & Appeal) Rules 2018
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g. Persons in contract service. 6
❑ Major
(b)
(e) a) Reduction to a lower post or time-scale
Misconduct
Subversion b) Compulsory retirement
c) Removal from service
d) Dismissal from service.
(c) (d)
Desertion Corruption
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Which Penalty for which offence [Rule 4(5)]
How penalty can be imposed ?
Offence Penalty ❑ Can be imposed only through a departmental
Inefficiency by reason of Any penalty except censure and Proceeding
infirmity of mind or body dismissal ❑ Departmental proceeding starts through Framing
Other Inefficiency Any penalty except dismissal of Charge
Misconduct Any penalty
❑ Can be imposed through an Office Order or
Desertion Any penalty except censure Notification stating the of offence and Penalty
Corruption Any penalty and for repetition of along with rules
offence any penalty except
❑ Departmental proceeding is
reduction to a lower post or
quasi-judicialDepartmental proceeding is
time-scale
quasi-judicial in nature; hence penalty can not be
Subversion Any penalty except reduction to a imposed violating the rules.
lower post or time-scale 9 10
Framing of Charge (for minor penalty) Framing of Charge (for major penalty)
(Ref: Rule 6) (Ref: Rule 7)
▪ Charge should be – • Charge should be –
– In writing - In writing
– Specific; not vague - Specific; not vague
– With adequate information (Facts/Date/time/Place) - With adequate information (Facts/Date/time/Place)
So that the accused may easily understand the allegations • What offence(s) appear(s)
he is going to face
• Specify the penalty proposed to be imposed
▪ What offence(s) appear(s)
• Accompanied with a statement of allegation
▪ Call upon the accused to explain his conduct with in 10 • To show cause within 10 days (with 10 days extension)
working days ( 7 days extension) why the proposed penalty should not be imposed
▪ Whether the accused desires to be heard in person • Whether the accused desires to be heard in person
▪ SigningSigning by the Appointing/Competent 11 • Signing by the Appointing/Competent Authority. 12
Authority.
Procedures for Major penalty cases (Ref: Rule 7)
Inquiry Procedure (Rule 11)
Frame Reply within 10 days
Time
Consider Reply ✔ Start (notice) within 7 days from receiving of Appointment
exten
Charge (desire of P. hearing) (if any) ✔ No adjournment without recording the reasons
Further ✔ No deposition by the Conducting Officer (C.O)
Discharge
Personal hearing
Inquiry
(if desired)
✔ Record statements of PWs Record statements of PWs &
Impose minor Penalty Cross-exam by the Accused (1/1)
Discharge
Receiv ✔ Accused may consult relevant files but not the notes
e Appoint Inquiry Discharge
Report Officer/ Board ✔ Record statements of DWs & Cross-exam by CO
Impose minor
2nd Penalty ✔ No recommendation regarding penalty or otherwise
Consider
Show
Reply Reply Impose major ✔ Mention only whether the accused is guilty or not guilty against
Imp minor
Cause
Penalty
Suspension (Rule12)
Re-instatement (Rule 14)
• Against whom action is proposed under Clause (b),
(c) or (d) of rule 3Against whom action is proposed ❑ Re-instatement from original DP/Appeal/Review/
under Clause (b), (c) or (d) of rule 3, may placed
under suspension Revision/Tribunal
• Appointing authority or designated authority may ❑ For the purpose of rule 5(1)(a), if not convicted, be
issue suspension order of any Govt. Servant treated as duty on full pay
• Authority may order any Govt. servant to go on leave ❑ Re-instatement after suspension shall be
instead of suspension. If suspended, DP should be
started soon. governed by the Service Rule (BSR)
Against whom penalty imposed may file Appeal • Appellate authority may call for any withheld appeal
[email protected]
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Difference between
“Public servant” and “Govt. servant”
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Inquiry Report Rule 6(1)
Elements of an Inquiry Report: “ …… …… …… …. … the authority or in
• Introduction (appointment, events of the cases where the President is the authority,
Inquiry and completion date) the Secretary of the Administrative Ministry
or Division …… …….”
• Prosecution Case
• Points for determination
• Analysis of evidence
• Findings.
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Delegation of Power
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Delegation of Power BSR 72
Fate of the Absence of duty Entitlement of Pay &
Case Allowance (if any)
Honourably on duty Full
acquitted
Punished but On duty or on Such portion as the
re-instated leave* (as the authority decides
authority decides)
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BSR 73
• 73 If a Govt. servant is absent from duty
by reason of being committed to prison
either for debt or on a criminal charge …..
……….., on the case directs accordingly.
Note 1 – The term “Committed to prison” as
used in the rule should be deemed to include
cases of persons “taken into custody”
Note 2 – A Govt. servant Committed to prison
either for debt or on a criminal charge should
be considered as under suspension from the
date of his arrest, and should be allowed the
subsistence grant laid down in Rule 71 until the
termination of the proceeding against him. 51 52
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10 - 5 - 50 EB - 10 - 100
1st Time Major
Scale
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