(1) Every member of the service, shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, reverted or dismissed for breach of any departmental rules/regulations or of discipline or for carelessness, unfitness, neglect of duty or office misconduct by such authority as may be prescribed by rules made in this behalf :
Provided that no such member of the service, as aforesaid, shall be reduced in rank, compulsorily retired, removed, or dismissed by an authority subordinate to that by which he was appointed.
(2) No member of the service shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this sub-section, shall not apply,-
(a) where a member of service is removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to remove or dismiss such a member of the service is satisfied that for such reasons to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause;
(c) where the Governor is satisfied that in the interest of security of the State it is not expedient to give a member of the service an opportunity of showing cause; and
(d) if any question arises whether it is reasonably practicable to give a member of the service an opportunity of showing cause under this sub-section the decision thereon of authority empowered to remove or dismiss him, shall be final.
(3) The member of the service upon whom a punishment has been inflicted under this section may, within such time and in such manner, appeal to such officer or authority as may be prescribed.
(4) The authority empowered to impose penalties and the appellate authority in respect of a category of posts in services shall be such as may be prescribed.
(5) The Central Civil Services Rules, including the Central Civil Services (Classification, Control and Appeal) Rules; and the Central Civil Services (Conduct) Rules, as amended from time to time and made applicable to the employees of the State Government, shall apply to the members of the service, constituted under this Act, so far as they are not inconsistent with the provisions of this Act and the rules made thereunder.
THE HIMACHAL PRADESH MUNICIPAL SERVICES ACT, 1994 8