164 him du~ing the continua~ceof that suspension, the authority competent to r,la~~ hIm. under suspensIOn may, for reasons to be recorded by him in wrltIng.dlrect .that he <;Jov.ernment employee shall continue to be under su pensiOn until the termination of all or any of such proceedings.
. (c) An order of suspension made or deemed to have been made u~~er this rule .may at any time be modified or revoked by the authority Wh~ch made or IS dt:cmed to have made the order or b)'t any authority to which that authority is subordinate.
165APPENDIX 24 reversion of a Government employee appointed on proba- .
Uon to any other Service, grade Of post. to his permanent service. grade or post during Of at the end c..f the period of probation in accordance with the terms of hi!! appointment or the rules and orders governing such prc .. ation-;
(v)
(iv) reversion of a Government· employee officiating in a higher Service, grade, or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post or on any admini strative ground unconnt>Cted with his ~onduct ; or
(vi) compulsory rttirement of 3. Governo ent employee in accor daGee 'With the provisions relating to IDS superannuation Or retirement;
l)tHsmi&UL1.J:tg;~service which shall ordinarily be a d"squali fication for fu ure employment under the Government.
(ii) stoppage of a Government employ e at the efficiency bar in the time-scale of pay on the grollnd of his unfitness to cross the bar;
(iii) nonopromotion of a Government employee, whether in a substantive or officiating capacity, after consideratiun of his case, to a Service, grade or post for promotion to which he is eligible;
Explaaation- The following shall not am.ount to a penalty within the meaning of this fule. namely-
(i) withholding of increments of pay of a Governmen~ en;tp loyee for his fail~re to pass any departmental exalJ?matlOn in accordance With the rules or orders govermug the Service to which he belongs or post which he holds or the terms of his appointment;
ompetent to d by him in to be under gs.
of pay for a o whether or lD ents of pay hether on the will not have ts of his pay;
nd sufficient Government any pecuni negligence or been made he authority authority to rade, post or the promotion -scale of pay.
reQuced, with itions of resto om which the s seniority and r Service;
isqualification t;
(vii) termination of the services-
(ll) of a Government employee appointed on prObation, during or at the end of tbe period of his prObation in accordance with the terms (>i his appointm:nt or the rules and ordel:'s overning liuch prObation; or
(b) of a temporary Government employee appointed other wise than under contract, on the expiration of the period of the appointment, or on the abolition of the post or before the due time iu accordance with the terms of his a'ppointment j Qf The discharge of a person appointed to hold a temporary appointment, otherwise than in accordance with the provisions of Explanation (vii) (b) amounts to removal or dismissal and is, therefore, appealable under these rules.
The provisions of this rule shall not be construed to derogate from the provisions of section 36 of th~ Punjab Courts Act, 1918, the Payment of Wages Act, 1936, or any other law autho rising the imposing of fines on the ministerial establishment governed by these laws and the authority cOPlpetent to award the punishment of fine may do so in addition to the punishments mentioned in this rule.
The distinction between censure, the withholding of promotion and non-selection to a selection post is of considerable impor tance. Both censure and the withholding of promotion are appealable under these rules. On the other hand, non-selection for a selection post is not appealable. If a Government emp loyee, because of an unsatis factory record and unfavourable confidential reports, is not selected for a selection post and some other Government employee junior to him is selected in prefe rence this does not amount to the withholding of promotion.
If any enquiry is h~ld against a Government employee and an order of censure is pass,~d on him, it is open to him to appeal;
if he does not appeal or his appeal is-rejected, and is subsequ ently because of the existence of this censure in his record, he is not selected for a selection post., and some other Government employee junior to him is selected in preference, this also does not amount to the withholding of promotion. If, however, an 'inquiry is held against a Government employee and an order is passed that he should not be promoted to a selection post for- a
(c) of a Government employee under an agreement, in accordance with the terms of such agreement.
In order to guard against the inadvertent re-employment of persons dismissed from service, the authority passing an order of dismissal shall intimate to the Deputy Inspector General of Police, Punjab, Criminal Investigation Deaprtment, the Deputy Commissiner and the Superintendent of Police of the district of which the person concerned is a permanent resident the name of such a person and any other particulars required for purpose of identification, unless the dismissal has been notified in the Punjab Government Gazette. Similar ly, if a person happens to be a resident of another State, the aforesaid officers of that State should be informed accordingly.
APPENDIX 24 Punishing authorities have full discretion to publish in the Punjab Government Gazette reasons for dismissal where such publication is considered desirable in the public interest.
(5)
(4)
(3)
(2) 166 Notes :-(1)
(6) (i) While reduction of a seniority as an independent penalty is not pr()vided for iI) rule 5 and cannot be imposed as such, the lo~s of seniority as a result of an order of reduction, to a lower post or time-scale being inherent in the order of reduction cannot be avoided.
167APPENDIX 24 definite period or until he has obtained good reports this order would amount to the infliction of the penalty of withholding" promotion. This distinction between non-selection for a selection post alid withholding of a promotion may be summed up as being, that in the former case the Government employee in question is considered for selection but some other Government employee is preferred on his merits, while in the latter case the Government employee in question has been declared beforehand as a disciplinary measure, to be ineligible for selection irrespective .(>f the merits of the other Government employees available.
6. Pupisblngauthorlties-Subject to the provisions of clause (1) of Article 311 .of the Constitution of India, the punishing authority shall ~ siJeh, as may be sp'eeified in the rules regulating the appointment and cOlictitions of 'Service of the employee concerned.
. . 7. Authority to institute proceedings-(l) The Gove:nor or aoy other authOrity empowered by him by general or special order may-
(7) Unauthorised desertion of his post by a Government employee iD face bf enemy action. or threat of enemy action clearly amounts to grave misconduct and would, therefore, constitute a 'good and sufficient' reason within the meaning of rule 5, for removal or dismissal in addition to any penalty provided in the East Punjab Essential Services (Maintenance) Act,
1947. Loss of pension would then follow automatically by virtue of the ~IO-visionsof rule 2.5 of Pujab Civil Serviae Rules, Volume II and it would also be pDssibl~ to forfeit tbeGovernment contribution, if any, to the individual's Provident Fund.
(iv) An order debarring a Government employee from counting his past servi:Je in, the grade from which he is reduced if and when reappointed t<l it, amounts to an order of reduction to a stage of the grade lower than that admissible under rule 4.4 of the Punjab Civil Services Rules, Volume I.
Part J ,and does not, therefore. fall outside the scope of rule 5.
(iii) A Government employee in respect of whom one of, the penalties included in rule 5(vi) was imposed. will on repromotion count pre:iious service in the higher grade under rule 4.4 of the Punjab Civil Services Rules, Volume I, Part J, unless the order of punishment or the ~td~r'passed on appeal directs otherwise.
(ii) The seniority on repromotion ofa Government employee reduc ed t~ a 11)wer post or time-scale should be determined by the date Qf such t.epromotion in accordance with the orders issued by the competent autho rity on the subject of seniority. Such a Government employee should not be restored to his original position unless this is specifically laid down at the time the order of punishment is passed or revised on appeal.
ent, in ment of n order General rtment, Police manent ticulars ismissal Similar r State, nformed in the where public omotion e impor tion are selection cnt ernp vourable nd some in prefe omotion.
and an appeal;
subsequ ecord, he vernment also does ever, an order is post for- a mpqrary rovisions I and is, erogate rts Act, autho lishment ward the 'shments
PART IV
Explanation-Where the punishing authority itself holds the inquiry, any reference in sub-rules (7) to (20) and in sub-rule (22) to the inquiring authority s.hall be construed as a reference to the punishing authority.
8. Procedure for imposing major penalties-(I) No order imposing any of the penalties specified in clauses (v) to (ix) of rule 5 shall be made except after an inquiry held. as far as may be in the manner provided in this rule and rule 9 or in the manner proviJed by the Public Servants (Inquiries) Act. 1850 (37 of 1850), where such inquiry is held under that Act.
APPENDIX 24 direct a punishing authority to institute disciplinary proceedings against any Government employee on whom that punishing authority is competent to impose under these rules any ofthe penalties specified in rule 5.
(a) institute disciplinary proceedings against any Governinent employee;
(b)
(2) Whenever the punishing authority is of the opinion that there are grounds f(}F-inquiring into the truth of any imputation of misconduct or misbehaviour against a Government employee, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act. 1850, as the case may be, an authority ~o inquire into the truth thereof.
(3) Where it is proposed to hold an inquiry against a Government employee under this Iule an~ rule 9, the punishing authority shall draw up or cause to be drawn up;
(i) the substance of the imputations of misconduct Or misbehaviour into definite and distinct articles of charges;
(ii) a statement of imputations of misconduct or misbehaviour in support of each article of charg~, which shall contain-
(a) a statement of all relevant facts including any admission or confession made by the Government employee;
(b) a list of documents by which and a list of witnesses by whom, the articles of charge are proposed to-be sustaincd.
(4) The punishing authority shall deliver or cause to be dclivcred to the Government employee a copy of the articlcs of char8c. the It~teme~t
(2) A punishing authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of rull? 5 may institute disciplinary proceedings against any Government employee for the im position of any of the penalties specified in clauses (v) to (ix) of rule S notwithstanding that such punishing authority is not competent und~r these rules to impose any of the latter penalties.
168 m,sbehaviour 169APPENDIX 24
(i) a copy of the articies of charge and the statement of the imputations of misconduct or misbehaviour;
(c) where the punishing authority itself inquires into any article of charge or appoints an inquring authority for holding an inquiry ioto such charge, it may, by an ordeI: appoint a Government employee or a legal practitioner, to be known as the 'Presenting Officer' to present on its behalf the case in s.upport of the articles of charge.
(6) The punishing authority shall, where it is not the inquiring authority. forward to the inquiring authority-
(v) a copy of the order appointing the "Presenting Officer".
(7) The Government employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the statc ment of the imputations of misconduct or misbehaviour as the inquiring authority may. by a notice in writing, specify in this behalf, or within such further time not exceeding ten days, as tho inquiring authority may allow.
(iii) a copy of the statement of witnesses, if any, referred to in sub-rule (3) ;
(b) If no written statement of defence is submitted by the Govern ment employee" the punishing authority may itself inquire into the articles of cha rge or may, if it considers it necessary to do so, appoiut under sub rule (2), inquiring authority for the purose.
(iv) evidence proving the delivery of docoments required to by delivered to the Government-employee under sub-rule (4);.
(ii) a copy of the written statement of defence, if any submitted by the Government emp-l0yee;
(5) (a) On receipt of the written statement of defence, the punishing authority may itself inquire into such of the articles of charge as are not admitted or, if it considers it necessary so to do, appoint under sub-rule (2) an inquiring authority for the purpose, and where all the articles of charge have been admitted by the Government employee in his written statement of defence, the punishing authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 9.
of the imputations of misconduct or misbeha vi our and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require ,the Government employee to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.
admission or witncsses by e sustaincd.
ion that there of misconduct f inquire into blic Servant~ uire into tho Governinent y proceedings at punishing es any of the les to. impose may JDstitute for the im
(ix) of rulo S t und~r these rder imposing shall be made r provided in bJic Servants eld under that s the inquiry, the inquiring uthority.
Government shall draw up isbehaviour in ainbe delivered , the st"temeQt
(ii) submit a list of witnes.ses to be examined on his behalf;
Note :-The G)vernment employee shall indicate the relevance of the documents required by him to be discovered or produced by the Government.
(10) The Inquiring authority shall return a finding of guilt in respect ef those articles of charge to which. the Government employee pleads guilty.
APPENDIX 24 give a notice within ten days of the order or within such further time not exce~ding ten day~ as .the inquiring authority may allow for the dIscovery or productIon of any documents whicb are in the possession of Government but not mentioned in the list referred to in sub-rule (3)
(iii) 170 Note :-If the Govern~entemployee applies orally or in writing for the supply of copIes of the statements of witnesses mentioned in the list referred to in sub-rule. (3) the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the exami~ation of the witnesses on behalf of the punishing authonty.
(i) inspect within five days of the order or within such further time not exceeding five.days as the inquiring authority may allow, the documents, specified in the lis t referred to in sUb-rule (3); and .
(8) The Government employee may take the assistance of any other Government employee to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the punishing.authority is a legal practitioner, or the punishing authority having regard to tlie circumstances of the case, so permits.
(9) If the Government employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of the defence, appears before the inquiring autho rity, sqch authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of the charges, the inquiring authority shall record the plea, sign the record and obtain the signatures of the Government employee thereon.
(11) The inquiring authority shall if the Government employee fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case t<:> a later date not exceeding thirty days after recording an order that the Government emplo yee may, for the purpose of preparing his defence- 171APPENDIX 24 Note~New evidence shall not be permitted or called for or any witness shaH not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.
(15) If it shall appear necessary before tbe close of the case on behalf of the punishing authority.' the inquiring authority may,in.its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government employee or may itself call for new evidence or recall and re-examine any witnesses and in such case the Governmen.t employee shall be entitled to have, if he demands it, a copy of the list of fu fther evidence 'proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusively of the date of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Govern inent employee an opportunity of inspecting such documents before they are taken on the record. The inqlliring authority may also allow the Government employee to produce new evidence if it is of the Opinion that the production of such evidence is necessary in the interest of justice.
(13) On receipt of the requisition referred to in sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority;
prov~dld that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall on being so informed, communieate the information to the Government employee and withdraw the requisition made by it for the production or discovery of such documents. '
(14) On the date fixed for the inquiry! the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the punishin'g authority. The witnesses shall be examtned by or on behalf of the Presenting Officer and may be cross examined by or on behalf of the Government employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such quections to the witesnses as it thinks fit.
Provided that the inquiring authority may, for reasons to be recor ded ,by it in writing, refuse to requisitioq such of the documents as are in its oj:Hnion not relevant to the case.
(12) The Inquiring Authority shall, on receipt of tlie notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose cU'ltody or possession the documents are kept, with a requisition for the production of the document by such dtlte as may be specified in such requisition: ' ee fails require oses to ate not emplofurther ty may which in the of any but may esenting , or the ase, so respect pleads y of the bmitted g autho , defence ges, the tain the alf;
of the ced by further thority r@ferred for the in the ty shall ny case of the nishing
(19) The inquiring authority may, after the completion of the pro duction of evidence, hear the Presenting Officer, if any, appointed. and the Government employee or permit them to file written briefs of their respec tive cases, if they so desire. '.
(18) The inquiring authority may, after the Government employee closes his case. and shall. if the Government employee has not examined himself, generally question him on the circumstances. appearing against him in the evidence for the purpose of enabling the Government employee to explain any circumstances appearing in the evidence against him.
(17) The evidence on behalf of the Government employee shall then be produced. The Government employee may examine himself in his own behalf if he so prefers. The witnesses produced by the Government . employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the punishing authority.
- APPENDIX 24172
(21) (a) Where a punishing authority competent 10 impose any of the penalties specified in clauses (i) to (iv) of rule 5 but not competent to impose any of the penalties specified in clauses (v) to (ix) of rule 5 has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its decision on any of the findings of any inquiring authority appointed by it. is of the opinion that the penalties specified in clauses (v) to (ix) of rule 5 should be imposed on the Govern ment employee, that authority shall forward the records of the inquiry to such punishing authority as is competent to impose the last mentioned penalties.
(20) If tpe Government employee to whom a copy of the articles of charge has been delivered. does not submit the written statement of defence on or before th'e date specified for the purpose QI' do·es not appear in person before the inquiring authority or otherwise fails or ""refuses to comply with the provisions of this rule. the inquiring authority may hold the inquiry ex-parte. .
(b) The punishing authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice recall the witness and examine and re-examine the witnesses and may impose on the Government employee such penalty as it may deem fit in accordance with these rules.
(22) Whenever any inquiring authority,. after having heard and recorded the whole or any part of the evidence in an inquiry, ceases to
(16) When the case for the punishing authority is closed. the Govern ment employee shall be required to state his defence .orally or in writing as he may prefer. If the defence is made orally it shall be recorded and the Government employee shall be .required to sign the record. In either case.
a copy of the statement of defence shall be given to the presenting Officer, if any. appointed.
1'3ApPENDix 24
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted by the Government employee;
(c) the oral and documentary evidence produced i-n-lhe'c'Qurse of the inquiry;
(d) written briefs, if any, fHeci by the Presenting' Officer, or the Government employee or Hoth during the course of the inquiry;
and
(e) the orders, if any, made by the punishing authority -and the inquiring authority in regard to the inquiry. . -
(b) the defence of the Gove roment employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the findings on each article of charge and the reasons therefor.
Explanation-If in the ppinion of the inquiring authority the procee dings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge:
Provided that the findings on such article of charge shall not be recorded unless the Government employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
(ii) The inquiring authority where it is not itseif the punishing authority shall forward to the punishing authority the records of inquiry which shall includeexercise jurisdiction therein, and is succeeded by another inquiring autho rity which has and which exercises, such jurisdiction, the inquiring autho rity so succeeding may act on the evidence so reco rded by its. predecessor, or partly recorded by its predecessor and partly recorded by Itself:
Provided that if the succeeding inquiring authority is of the opin ion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross examine and re-examine any such witnesses as hereinbefore provided.
(23) (i) After the conclusion of the inquiry, a report shall be pre pared and it shall contain-
(a) the artiCles of charge and the statement of the imputations of misconduct or misbehaviour;
,- of the pro ed, and the eir respecemployee examined ng against employee im.
e Govern in writing ed and the ither case, ng Officer, oyee shall lself in his overnment amination, cording to ority.
articles of of defence r in person mply with the inquiry any cfthe mpetent to 5 has itself charge and gs of any e penalties e Govern inquiry to mentioned forwarded pinion that interests of neilses and ay deem fit heard and y, ceases to
(b) The punishing authority shall after considering th~ rep~esenta tions any made by the Government employee, and the adVIce gIven by
(4) (i) Ifthe punishing authority having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 5 should be imposed on the Government employee, it shall-
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the punishing authority to the Commission for its advice and such advice shall be takon into consiJeration before making any order imposing any penalty on the Government employee.
- APPENDIX 24174
(3) If the punishing authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 5 should be imposed on the Govern ment employee, it shall, notwithstanding anything contained in rule 10, make an order imposing such penalty :
(a) furnish to bhe Government employee a copy of the q:port of the inquiry held by it a'nd its findings on each article of charge or where the inquiry had been held by an inquiring authority, appointed by it, a copy of the repgrt of such a uthority and a statement of its findings on each article of charge togethe'r with brief reasons for its disagreement, if any, with the findings of the inquiring authority;
(b) give the Gov~rnmentemployee a notice stating the pe!1alty proposed to be imposed on him and calling upon hIm to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days, as may be allowed, such representation as he may wish to make on the propo sed penalty On the basis of the evidence adduced dunng the inquiry held under rule 8.
(ii) (a) In every ~ase ~n which it is n7cessary to consult th~ co~mi ssion tbe record of the InqUIry, together WIth a copy of the notIce gIVen under clause (i) and the representatl~n .made in p1;1rsuance of such n.ot~ce, if any, shall be forwarded by the pUOlshmg authOrity to the CommissIon for its advice.
.9. Action on the inquiry report-(l) The punishing authority if it !s not. I.tself the. inquiring authorit~ may,. for reason~ to be recorded by it In wntmg, remit th~ ca~e. to the I~qUlf1ng authorIty for further inquiry and report and the InquIrIng authority shall thereupon proceed to hold the' further inquiry according to the provisions of rule 8 as far as may be.
. (2) .The punis~ing authorit~ shall, if it disagrees with the findings of t~e mquIr1ng authority on any article of charge, record its reasons for each disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose. - . .
10. Procedure for imposing minor penalties-(1) Subject to the provi sion of sub-rule (3) of rule 9, no order imposing on a Government emplo yee any of the penalties specified in clause (i) to (iv) of rule 5 shall be made except afterthe Commission determine what penalty, if any, should be imposed on the Government employee and make such order as it may deem fit.
(iii) Where it is not necessary to consult the Commission the punishing authority shall consider the representation, if any, made by the Government employee in pursuance of the notice given to him under clause (i) and determine what penalty, if any, should be imposed On him and make such order as it may deem fit.
175APPENDIX 24 informing the Government employee in writing of the p'roposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken and giving him a reasonable opportunity of making such representatio.n as he may wish to make against the proposal;
(a~ to consult the y the punishing shall be takon penalty on the g authority if it record~d by it further Inquiry eed to hold the' as may be.
the findings of easons for each if the evidence ndings on all Or of the penalties on the Govern ined in rule 10, its findings on that any of the e imposed on y of the r~port each article of y an inquiring report of such each article of disagreement, ority;
(b) holding an inquiry in .the maner la~d dow.n in sub-rules (3) to (23) o.f rule 8, l!l ~very case I~ w~lch the punishing authorIly IS of the opiniOn that such Inquiry is necessary;
(c) taking the representation, jf any, svbmitted by the Govern !lIent employee under clause (a) and the record of inquiry, If any, held under. clause (b) into consideration; .
(d) recording a finding on each imputation of misconduct or misbehaviour; and
(e) consulting the Commission where s~ch consultation is necessary.
(vii) the orders on the case together with reasons therefor.
the evidence produced during the inquiry;
the advice of the Commission, if any;
the findings on each imputation of miscondu~t or misbehav iour; and
(iv)
(v)
(vi)
(2) The record of the proceeding in such cases shall include-
(i) a copy of the intimation to the Government employee of the proposal to take action against him;
(ii) a copy of the statement of imputation of· misconduct or misbehaviour delivered to him;
(iii) his representation, if any;
he representa vice given by ing the penalty g upon him to notice or such ay be allowed, on the propo ced dUrIng the ult the commi e notice given f such notice, Commission