(PR)592 PAN. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 i f ' MADHYAPRADESHPANCHAYATSER~CE (DISCIPLINE AND APPEAL) RULES, 1999 CONTENTS
PART-I - (GENERAL)
1. Short tide, commencement and application.
2. Definitions ..
3. Protection of rights and privi eges conferred by any law or agree-:
ment.
PART-III - SUSPENSION -
4. Suspension
PART-III - DISCIPLINE , I I i -I __________ ::: . _13.
- -~==-- :=---=-:--- 14:
~--------5;- -Pemilties- -------------- --- --- -
6. Authority to impose penalties.
7. Procedure for imposing majo:, penalties
8. Procedure for imposing minor Penalties
9. -Joint Inquiry
10. Special procedure in certain cases
11. Provisions regarding Panchayat Servants lent to Government etc.
12. Provisions regarding _officersDrservants borrowed from Gov~mment etc.
Subsistence allowance during suspension Reiristatemerif= -:-:-:_-- -:-=":- =--'. ---=----~
PART- IV - APPEALS
15. Appeals against order of suspension or orders imposing penal ties
16. Disposal of appeals
17. Implementation of orders in appeal.
18. Representation on other cases
PART-V - MISCELLANEOUS
19. Repeal and Savings.
20. Removal of Doubts Appendix MADHYAPRADESHPANCHAYATSER~CE (DISCIJ.>LINE AND APPEAL) RULES, 1999 NO. F-1-35-98-XXlI-P-2, dated 22-6-1999, published inM.P. Rajpatra (Ext. Ordy.) dated 22-6-1999, p. 864 (10):-In exercise of the powers conferred by sub-section (1) of Section 95 read with sub- section (2) of Section 70 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (Ko. I of 1994). the State Government hereby. makes the following rules, the saIlle h;lving been previously puqlished as required by sub-section (2) of Sect i-Oil 95 of the said Act, namely :- ~etc.
:11- ies tra ers lof o. I the ) of l _ R 2 .PAN. SERv7CE (DISCIPLINE & APPEAL) RULES, 1999 (PR)593
PART-I -':GENERAL)
1. Short tide, commencement af:d application.-. (1) These rules may be called the JY.:adhyaPradesh Panchayat Service. (Discipline and Appeal] Rules, 1999.
(2) They shall come into force with effect from the date of their final publication in the M2.dhya Pradesh Gazette.-
(3) Except as otherwise provided by or under these rules, they apply to all persons employed in connection with the affairs of Zila Panchayats, Janpad Panchayats and the Gram _anchayats and discharging the functions of Zila Panchayat, J anpad Panchayat and Gram Panchayat:
Provided that nothing in these rules shall apply to officers and servants of the state service who are posted under the Panchayats under Section 69 or are on lone service to the panchayats under section 71 of the Act.
COMMENTARY These Rules are not applicable for Panchayat Secretary. These rules are framed in regard to the other officers and servant of Panchayat as per S.70 of the Adhiniyam. Moolchand Soni v. State aIM.P., 2007(1) MPW 343 = 2007(1) MPHT 133.
2. Definitions.-ln these rules, unless the context otherwise re- .
.- ..---- ----_._ .. ---_._. ---.~- _. __ '.'--~-- ..-:-- _---- -_ .. - -( - - .-. __ -----.- ----_ .•_--_. __ ._--- quires:- .
(a) "Act"means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.. 1 of 1994) /
(b) "Appointing authOlity" in relation to a person appointed in the Parichayat. service means:-
(1) Such officer, who in that service in which he hold the post at that time, empowered to make appointments or such officer to whom the powers of appointment is delegated to the service of that class or grade to which he is a member at that time .
.------(2t Such-offlcer;-w~o at that tihie~-hold- the -post -in substantive' or --~---- - -----.----j temporary capacity in that service in which he is appointed.
(c) "Disciplinary Authority" in relation to the'imposition of penalty on a member of the Panchayat service means the authority declared to be the disciplinary authority under the Appendix appended to these rules:
(d) "Foreign Service" means the service in which a Panchayat Servant receives his substantive pay, with the sanction of Panchayat.-
(e) "Government" means the Government. of Madhya Pradesh:
(f) "Member of Panchayat Service or a Pan<;hayat Servant" means any person appointed to the Panchayat"Service ~d includes an officer or servant allocated to the panchayat service; , "
(g) "Minor Penalty" means any of the penalties specified in clau~es (i) to (iii) of rule 5; . ;\~'....
(h) "Major Penalty" means any of the Penalties specified in clauses (iv) to (vii)of rule5i -- -
(i)"Panchayat" means a Zila Panchayat or Janpad Panchayat or Gram Panchayat, as the C61semay be;
:-.:" .. :
OJ "Panchayat Service"means any Panchayat Service.
3. Protection of rights and privileges conferred by any law or agreement.- Nothing in these rules shall operate to deprive an~member of the Panchayat Service or any right or privilege to which he is entitled, , ,
(a) by or under any law applicable to him, or
(b) by the terms of any agreement subsisting between such member and the relevant Panchayat at the time of the commencement of these rules.
PART-II - SUSPENSION R.3 ' ';
(PR)594 PAN. SERVICE (DISCIPLINE & APPEAL) RULES, 1999,
4. Suspension.-(l) The appointingauthortty or any authority t6 which it is subordinate, or disciplinary authority in that behalf, my place a member of Panchayat Service under suspension :_
(a) Where a disciplinary proceeding against him iscdntemplated, or is pending or
(b) Where a case against him in respect of any criminal offence involvingmoral turpitude is under investigation inquiry or trial:
Provided that where the ,order of suspension is made by an,authority subordinate to or lower in rank than the appointing authority, such authority shall forth with report to the appointing authority the circumstances in which the order was made.
(2) A member of Panchayat Service shall be deemed to, have been placed under suspension by an order of appointing authority :_
(a) ~ith effect from t)le d.~te.of.his detention, on a ,criminal charge .., .
or otherWise, for a period exceeding forty eight hours,
(b) With effect from the date of his' conviction, if the event of a convictionfor an offence,he is sentenced to a term of imprisonment exceeding foity eight hours arid is not forthwith dismissed or removed or compulsorily r~tired consequent, upon such conviction. .
Explanation.-The period of forty eight hours referred to in clause'(b) of this sub-rule shall be computed from thecomm~ncement of theimprisonment after the conviction and for this purpose, intermittent periods of imprisoq.ment ifany, ,shall.be_taken-intoaccouriL, . _, .' ,~:4. _, :.~ '.'
(3) When a penalty of dismissal, removal or compulsqry retirement from service imposed upon a member ofparichayat service under suspension is set aside in appeal or on reviewunder these rules .and the case is remitted for further inquiry of or action or with any other directions, the order of his suspension shall be deemed to have continued in force~With effect on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4) Whether a penalty of dismissal, removal or compulsory' retirement from service imposed upon a member of ~anchayat serviCeis set aside or declarec;lor rendered void in consequerice'of or, by a decision of a court of law, an4 the Disciplinary Authority on a consideration of the circumstances of the case, decides to h91d a further inquiry against him on the allegations on. which the penalty of dismissal, removal or compulsory retirement was originally imposed, the member of panchayat service shall be deemed to have been placed .under _suspension by the appointing authority from the date of the ori~irialorder of dismissal, ,removal, (;ompulSbry retirement and shall continue toreinclin under. suspension until r I , r i !1 I I I I ; I , I !
I ,I \ i ,1 J .
R.5 PAl'/. SERVICE (DISCIPLiNE & APPEAL) RULES, 1999 (PR)595 further orders." .>': ..
(5) (a)An order suspension made or deellled,tQ}:J.,aye~~enmade under this rule shall continue to remciin in force lintilltis ,modifiedor revoked by the authority competent to do so, ....' . .' .
(b) "Vhere a member of Panchayat Service.is sw?p~nded Qris deemed to have been suspended in connec".:ionwith cmydisciplinary proceeding or otherwise and any other disciplinary procee~:lingis cOIIlIl}encedagainst him during the continuance of such suspensi9J1.;the ,authority competent . to place him under suspension may, for rea~9ns~o ,be.recorded by him. in writing, direct that the member of Panchayat;~~rvi~~',s.hallcontinue to be under suspension until the termination of all or any .ofsuch proceedings
(c)An order of suspension made or deemed to have been made under this rule, may at any time be modified or revpked !bY.Jl1ea~thoritywhich made or is deemed to have made it or by .any authority. to which. that authority is subordinate.
COM MEN T A'R Y ..•.
. ,
5. Penalties.-The following penalties may. for good and sufficient:
rea~ons. and as herei~~ter""pr~v~ded,by ,imposed In a mellll>l'r (11' till' .
Panchayat Sen-ice."namely:- ". -, '.,
(a) Minor Penalties-
(i) Censure Validity of order.-Suspension order of petitioner by Collector upheld. Since the CEO is lower rank/position and class in comparison to Collector, he must be treated as subordinate to Collector. Dashrath .Singh v. State of M.P., 2014(2) MPLJ 17. ....' .
Before removal of an employee, enquiry is necessary.-Unless .the admission ofguil.tlcharges.is.specific, unconstitutional, unquaHfied.:-'":-,, '-- -,- and unequivocal, enquiry cannot be dispensed. with. The petitioner has putforth his defence and made an effort to show that he is not resposible for the charges and the payment cannot 'be. said that petitioner has admitted the charges in totality and without any explanation. Annexure P-7 will show that petitioner has givenexpla~ation against show cause notice and. there is no unequivocal, unconditional,' unqualified and specific admission ofguilt by the petitioner. The respondents have erred in treati~g.AJ1.ne~ureP-7 a~,~dmission.ofguiit, cQnsequently, therespon- __, ~ents_~~'Ye_~~_I1!I)l,i~~~~~aI!'~~rro~j~:_not~~.Q~~~~~J;lg.~4~.~~q~~ry~J!.~Q!.L,-".... "' _" _" _ shyam v. State of M.P., 2013(1) MPLJ 144=2013(2) MPHT 59.
Collector not empowered to suspend 'every body.-Collector is .an appointing authority of the post of Secretary and Gram Panchayat is appointing authority of Panchayat Karmi under S.69 of the Act~Since the Collector is an appointing authority of the po.st of Secretary o,Il.ly therefore he is empowered to suspend a Secretary from the post ..of' Secretary and not from his post ofPanchayat:Karmi. Kamlesh Dubey v..
State of M.P., 2009 (1) MPLJ 545 =2009 (2)MPHT 372 .• '. .
-----'( P,ART,.III.~DISCIPLINE nt or of nhe 'ry all ng TI- Ltll nt n- 1s le th or b) [lis n a 1- :d :h i.
:e 1:
.y h h a r r (PR)596 PAN. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 R. 5
(ii) Withholding of increments, stagnation allowances or promotions, with or without cumulative effect
(iii). Recovery from pay of the whole or part of any pecuniary loss" caused to the panchayat or the State Government by negligence or breach of orders. .
.(b) Major Penalties-. .
(tv) .Reduction in rank including reduction to a lower post or timescale or to a lower stage in a time-scale,
(v) Compulsory retirement, .
(vi) Removal from service not disqualif)ringfor future employment.
(vii) Dismissal from service which shall ordinarily be a disqualification for future employment:
Provided that in the case of member who have been allocated to the panchayat service and who according to the terms and conditions of their service which were immediately applicable to them before such allocation were not liable to the penalty or fine, no penalty or fine shall be indicated upon them.
. Explanation.-The follOwingshall not amount to a penalty Within the meaning of this rule.-
(t) Withholding of increments of a member of the Panchayat Service for failure to pass a departmental or language examination in accordance with the rules or orders governing the service to which fie belongs or the post which he for the time being holds oJ;'theterms governing his appointment ;., _, _,_ '.,__ .,_, ,
(ii) Stoppage at the effiCiencyhar in the time scale of pay on the ground of his unfitness to cross the bar,-
(iii) Non-promotion of a member of the panchayat service,. after consideration of his case, to a post or grade to. which he is eligible, on administrative grounds unconnected with his condud;
(tv) Hcversion of a member of the Panchayat Service who is officiating in a higher service, grade or post to a lower service, grade or post on the ground that after trials he is cO~~~~t~(Lt9 p~ _ unSUitable.for--sucIChigh-ef'serVfce--grade-- oi-post or on ad,..
.ministrative grounds not connected with his conduct;
(v), Reversion of a member of Panchayat Services, appointed -on probation to another service, grade or post during or at the end of the period of probation to his pen ll;1nentservice grade or post in accordance with the terms of his; qipointment or the rules or orders governing such prob~tion;
(vi) (a) Termination of the service of a merilber of the panchayat service appointed on probation durihg 'or at the end of the period of probation accordance with me terms of appointmenf:<;,or the rules ord~r governing such probation
(b) Termination of the service of a member of the Panchayat Service employed under an agreement in accordance with the terms of .such agreement;
(vii). Compulsory retirement of a member of a Panchayat Service'in accordance with the provisions relating to his superannuating or retirement in the panchayat service and nqt on grounds of R. 7 PAN. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 (PR)597 his misconduct.
COMMENTARY Validity oforder of termination of serviceS.-A show cause notice was issued to the appellant and the appellant refused to take notice.
Thereafter, his services were terminated on account of registration of a criminal case and an enquiry was not conducted against the appellant.
The appellant has also been acquitted from the criminal offences. Held, that it was obligatory on the part of the Panchayat or the authority to .
conduct an enquiry against the appellant. Panchayat Secretary or Panchayat Karmi could not be terminated without due procedure ofrule laid down in Rule 7 of Rules of 1999. Naraya.n Singh v. State of M.P., 2013(1) MPWN 70.
6. Authority to impose penalties.-Subject to the provisions of these rules. the disciplinary authority or any authority to whom such authority is subordinate. may impose any of the penalties specified in rule 5 on any servant of the panchayat service to the extent shown against in the Appendix appended to these rules.
7. Procedure for imposing major penalties.-{l) No order, imposing on a member of the Panchayat Service. any of the penalties specified in i clause (iv)to (via)-ofrule '5'shall,be_passed except.after .~JQr:m~~t:lgl!iry-is-- - . - - held as far as may-be',in the manner hereinafter provided. _ .. ,-- -.---.."---. -... ---
(2)When an order for formal inquiry ha~ been made, the disciplinary authority shall frame Definite charges on the basis of allegations and shall communicate such charges, alongwith the statement of the allegations, to the member of the Panchayat ~ervice and also require him to submit, within such time as may be specified a written statement of defence and also to state whether he desires to be heard in person. .
(3)The person against whom inquiry is to be held shall, for the purpose of preparing toe defence, be permitted to inspect and take extracts from -such records ashe may-specify:.----------..:-----:--- - -.- ----- --------.:...------------- .. -
Provided that such permission may be refused if. for reasons to be recorded in writing, in the opinion ofthe Enquiry Officersuch records are not relevant for the purpose or it is against the public interest to allowhis access thereto.
(4) On receipt of the written statement of defence or if any such statement is not received within the time specified, the disciplinary authority may himself enquite into such ofthe charges as are not admitted or appoint an EnqUiryOfficer to hold the inquiry and forward to him his report and. if advised. his recommendation alongwtth all the inquiry papers. . ~. .
(5)The disciplinary authority may nominate any person to present the case in support of the charges before the Enquiry Officer.The member of the Panchayat Service may present his case with the assistance of any other Panchayat Servant of-State Government. SerVant approved-by the Enquiry Officerbut may-not -engagea legal practitioner for the purpose, unless the person nominated by the disciplinary authority as aforesaid is a legal practitioner or unless the disciplinary authority having regard to >.
R.7(PR)598 PAN. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 the circumstances of the case so permits.
(6) If the servant of the Panchayat Service desires to be heard in person ..fie shall be s<;heard. Ifhe so.desires or.if,th~ dis~iplinaryautp.Ority;
so directs. an oral enquiry shall be he]d,by ,the ~:pq~iryqffi~.~:r. A~ sucn inquiry evidence shall be heard as to, such C?f, t,he';?1leg31ti9If.s.a~, are, npt~ admitted and the, person charged shall be entitled to cross examine the witness. to give evidence in. 'person; to produce documentary evidence. if any. and to have such witness called as he may wish:
Provided that the Enquiry Officer' may. 'ro~ re,~s'pns ~().b~~ecord~din writing. refuse to cC!.lla witn~ss ... "j, •• ," ;:,1:1' :.! ''':, i: c.,:;", ..
(7) At the conclusion of the inquiry, the Enquiry Gfficer;shalLprepare' .•.~ .report of the inquiry. recording; his. findings.; on; each',of the; charges.
together With reasons therefor: :' . ;;"'!;~:,,.: :,"
(8)" The' proceedings conducted' against 'the' per~9h~.charged '.shall" contain a sufficient record of. ,', "" ' ..,. " < '.
(i) the charges framed agai~stsl.H~hp~;'~~~:a!i~'t?~,,~t~t~m~pt'~f allegations; " , ';',. .' ',.:. (\;:;'. " ;
(ii) the written statement of defence if any; ~ :''. ;' ".'
(iii) the' or~ e~idence taken id the Co~rseof th.'e inquiry; .;.
,'"I'~ ... . . . '. '. " • .'.". . . . . ::':. .". .~::.' "':..: 1 .. '. :.' .'
(iv) the documentary evidence considered in:, the course of the .inquiry~:.:-:., :.:.; !',' ,',- ':.;'" • ,'i::',.. ...
. (v) ,the6tders, 'if arty; made by"the:'Enqciiiy'OIDcer' or' theaisc'ipH::
, nary authority as the case'may be Withre'gafd't6 theii1cl'uiry:"
(vi) a reportseth~g o~t ~hefindi~gs o~each"chCirge~d the:r~as~~~ .therefor. ., " , "i: '" .. :. \- _; ";. ~:.:.- l. , • .:> ~_ '.... . c' 'l. .:.-
(9) the Enquiry' Officer. if.he is other than th~ disciplinary authority;
shall submit the re.cords oftheproceedings;mentioned'in.clause,(8) above, to .the disciplinary. authority !Without recommendation relating to the penalty,to pe~posed. The disciplincuy authority shall consider the record of .the,~..enqUiIy aIld its .&n<;lings on,ea,ch Gh~ge., J~ayw-g,.r~gC;l!"d~.to t~~.
findings dri~e ,~licfrg~s~d~tb;e .rec.ord(if,~t(P~o~e'e.~gsr1f~~'~:Js':otthe:-- __ opinion .thaf~Y'9f thep~tialties s~eCi~e4; .i,n':cla:4~~~:~!yl~6:(Y4f ?f'i)ile' q ..
should' be i~P.9~~~~ it.shCiP furr,iis.ll"~o:q~e'p~r~dn 'charg~q.'~r~,PPY"~(.tJ.?e' report of th~'E;I1q~,uy' Ofnc~r,.:aItd .whe~e'ltp:e:,'~i~CiR~~: ~titli<?rity ;Ht '1Pt the Enquiry pip-eer a:~ta~e~e~t :oq~s:~n~m-gs ~o~et~~r.V(1~J:~rr~f~~~s:ol1s for disagreeF~~t,~ ~y~ Wl~h,}~~fi~.~.ir.~s:?'rm~;~~~'P~?ffir~r':.:,,.L. :.;. ...., '. - (IO) The: disclplincuyautholity,: shqU-:consid~rthef T~pr~sentatipn.if;
any. made by the.:person charged in response to the notice and determine the penalty. if any. should be imposed andishall pass appropliate order on the case.', .....,::: . ',.: '" ,"< . I, :.: ':~:' :~ \ . i. ',-< :.' '1;:; ,":' :.,. ;" :"; ; •.. :.:, ..•... ;. ->,":.~-.~r ~,::;,:: ..:~...•>': .-:.~~.:,"::~ ..\ ~_.. '.:._; ,~;_.. ;~\.,; , (lJ) Th,~.:.oidets,p#s~~dJ)y'tpe 9i~cip@~i-y~~it4.o~itY'~~qlIJj~:cq:rn~uni~i' catedto.,the.member'ofthePanchayafServiCe, who shall also be supplied Witha'copy. :of. the. report of the iEnquiry Officer an where. disciplinary auth~rity' is "not ithe Enquiry :Officer "~a'statement 'of:~ts;find~:ngS'together with th~ 'brieffeasons fof d~sagree'merit" .'if 'any:.'Withthe:firidings dfUie.
Enqt;iiry.Offi~e:r, :Uiil~:sstljeY):iave.already, been supplied to the personcharged~' ,. '.". '. . . '.' , '.
lq _i I'l 7 R.8 PM-l. SERVICE (DISCIPLINE & APPEAL) ,RULES, 1999 (PR)599 COMMENTARY 1 { 1 t f 1 f Validity of order of termination of services.-A show cause notice was issued to the appellant and the appellant refused to take notice.
Thereafter, his services were terminated on account oftegistration of a criminal case, and an enquiry w~s not conducted against the appellant.
The appellant has also been acquitted from the criminal offences. Held, that it was obligatory on the part of the Panchayat or the authority to conduct an enquiry against the appellant. Panchayat Secretary or Panchayat Karmi could not be terminated withcmtdue procedure of rule laid down in Rule 7 of Rules of 1999. Naray'an Singh v. State of M.P., 2013(1) MPWN 70. ' Major Penaity imposed but procedure not followed.- [1]Without charge sheet removal order from service.-Without charge sheet removal order from service issued to Panchayat SecretarylPetitioner. As per Rules, removal from service of Panchayat Secretary is a major penalty and procedure for imposing major penalty is provided in Rule 7. Thus, the said order issued in contravention of Rule 7 hence not sustainable. Kailash Babu Rai v. State of M.P., 2008
(3) MPLJ 648 = 2008(3) JLJ 392.
[2] Order of major penalty cannot be passed unless aformalinquiry is held. Unless the procedure laid down in Rule 7 of the Rules, 1999 ,followea,' the Secretary~-6t the Gram -Pahchayat'cannot be removed or -..---,-.;---- reverted from' the post of Secretary, Gram Panchayat. Lalla Prasad Burman v. State of M.P., 2008 (3) MPLJ 394 = 2008(3) MPHT 26 = 2008(2) MPWN 10LDB. ' , , ,
8. Procedure for imposing minor Penalties.-(l) No order imposing any of the penalties specified in clauses (i)to (iii)of rule 5 shall be passed except after :-,' , ," , , (a) the personcharged-is1.nf-ormeci1n~ting-of-the,'proposal to take ------ action against him and of the allegations on which such action is proposed to be taken and is given an opportunity to make any ~epresen!at~on which he may wish to make; and '
(b) such repre~entation, if any. is taken into consideration by the disCiplinary authority: ' , , Notwithstanding anything contained in c~ause (b) of sub-rule (1),-ifin a case it is proposed after considering th~ representation. if my made by Panchayat Servant. under clause (b) of that sub rule to withhold increments of payor stagnation allowance, and such Withholding of increment of payor stagnation allowance is likely to affect adversely the amount of, pension payable to':the PanchayatServant or to withhold increment of pay or stagnation'allowance, for a period exceeding three yearsor'to withhold' increments ofpay or stagnation allowanc'e,with comm'utative effect for any period; an enquiry shall be held in the manner laid down in sub rule (1) to
(11) of rule 7. before making any order imposing on the Panchayat Servant any such penalty."
(2) The record of the proceedings in such cases shall include:- --__ I (PR)600 PAN. SERVI9E (DISCIPLINE & APPEAL) RULES, 1999 R. 9
(i) a copy of intimation to the person charged of the proposal to take action against him;
(ii) a copy of the statemeIlt ofallegations .'ommunicated to him, his representation, and the orders on lhe case together With therea:;)Qnstherefor.
(3) A copy of the orders shall be supplied to the member of the.Panchayat Service charged ..
9. Joint Inquiry.-Where two or more members of the Panchayat Service are concerned in any matter relating to disciplinary action, the disciplinary authOrity shall make an order Directing whether the action against all of them should be taken in a common proceedings, or whether separate action should be taken against each of the members. In both cases the procedure laid down in rule 7 or rule 8, as may be applicable,shall be followed.
10. Special procedure in certain cases.-(I) NotWithstanding anything contained in rule 7, 8 and 9,-
(i) where a penalty is imposed on a Panchayat Servant on the . ground ofconduct which has led to his conviction on a criminalcharge; or .
(ii) where the DiSciplinaryAuthority is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to followthe procedure prescribed in the said rules, the DiSCiplinaryAuthOritymay consider the circumstances of the case of pass such orders thereon as it deems fit.. . _._. ~" :' '_'__I 'll. Provision's 'regarding PaU:chayat Serv~ts lent to 'Government etc.-(I)Where the services ofa Panchayat Servant are lent to any Government in India or to an authority subordinate thereto or to a local or other authortty (hereinafter in this rule referred to as "the borroWingauthority"), the borrowjng authority shall have the powers of the DiSCiplinary AuthOrity f6r the purpose of plaCing him under suspension and for initiating a diSCiplinaryproceed~ngagainst him:
PrOvided that the borroWingauthOrity, shall forthWith in form the Chief Executive Officer of the circumstances leading to the order of his .
suspension or the commencement of the diSCiplinaryproceeding,-as-the-----'case may be. -. - . .
(2) In the light of the findings in the'disciplin.ary proceeding takenagainst the Pal)chayat Servant,- .
(1J.if the borroWing authOrity is of the opinion that ~y of the penalties specified in clauses (1Jto (ill) of rule 5 should be imposed on him, it may, in consultation With the Panchayat shall pass such orders on the case as it deems fit : . _ . I .
Provided that, in the event of a dtfference of opiruon .between' .the borroWing authonty and the\Panch~yat •. the serv1c~s of...the.
Panchayat. Servant shall be replaced at the disposal of the Panchayat. . . .... . .
(11)if the borroWing authOrity is of the optIuon that any of the penalties specified in clauses (tv) to (vii)of rule 5 should Qe imposed on him, it shall replace his"servtces at the disposal of the Panchayat and transmit to the Chief Executive Officer the .
proceedings of the inquiry after complyingWith prOvisions of R.12 PAN. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 (PR)601 , nile 7; and thereupon the Chief Executive Officer, if he is the Disciplinary Authority on the basis of the proceedings of the inquiry transmitted by the borrowing authority or after holding such further inquiry as it may deem fit, pass such orders on the case as it deems fit, or if he is not the Disciplinary Authority , refer the case to the Disciplinary Authority which shall on the basis of the proceedings of the inquiry transmitted by the body owing.authority or after holding such further inquiry as it may deem fit, pass such orders on the case as it deems fit : '
Provided that in passing any such order, the Disciplinary Authority shall complywith the provisions of sub-rules (9)of rule 7.
(3)The provisions of this rule and of rule 6 and rule 7 shall be brought to the notice of the borrowing authority by the Chief Executive Officerat the time of lending the services of the Panchayat Servant.
COMMENTARY •• Validity of suspension order.-Since the order of taking services ofAppellant on deputation was issued by the Collector/Mission Director, District Education Centre, Morena therefore he was the competent authority to place the Appellant under suspension in view of Rule 11 of Rules of1999. In accordance with Rule 11, the borrowing authority shall have the power of the disciplinary authority for the.purpose of placing the, employee under suspenSiQIL~rrd fQr initiating the disciplinary. _ , proceedings. against- him-;hence the -District 'Proj ect 'Director/CEO is-tiot----- -.,.._---,,.
the competent authority to place the appel~ant under suspension. It is contrary to law. Sanjay Shiuhare u. State of M.P., 2014(1) MPLJ 146 = 2014(2) MPHT 256(DB).
12. Provisions regarding officers or servants borrowed from Government etc.- (1) Where the services of an officer or servant of any Government in India or an authority subordinate thereto or a local or other , -authority- are- borrowed by -a-Panchayat:-for-a-panchayat- -Service;-the-------- Panchayat shall have the powers of the Disciplinary authority for the purpose of placing him under suspension and initiating disciplinary proceedings against him:
Provided that. the Palichayat shall forthwith inform the authority which lent the services of such officeror servant (hereinafter in this rule referred to as the "lending authority" of the circumstances lending to the order ofhis suspension or the commencemer-t of the disciplinary proceeding, as the case may be: .
Provided further that the disciplinary proceeding shall be conducted in accordance with the procedure prescribed by the law applicable to such officeror servant under the lending authority.
(2) In the light of the findings in the disciplinary proceedings taken against such officer or servant.-
(i) it the Panchayat is of the ,opinion that any -of the penalties specified in clauses (i) to (iii),of rule 5 should be-ifilposed--ori him, it may after consultation with the lending authority. pass such orders on the case as it deems fit :
rPR)602f>A7V. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 R.13 I • I II ' I I I I j !
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Provided that in the event of a difference of opinion between the .Panchayat and the lending authority the services of such officer or, servant shall be replaced at the disposal, of: the; lending authority:
(ii) if the Panchayat is of the opinion that any of the penalties specified in clauses (iv)to (vii)o( rule 5 should be imposed on him. it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such sanction as it deems fit.
(3)The pro\isions of clause (i)and (ii)of sub-rule (2) shall be brought to the notice of the lending authority by the Officer at the time ofborrowing its officer or servant.
13. Subsistence allowance during suspension.- A member of the Panchayat Service who is placed under suspension shall during the period of such suspension be paid subsistence allowance according to the relevant mules applicable to him.
14. Reinstatement.- When a member of the Panchayat Service who has been dismissed, removed or suspended from service is reinstated. the sorority passing the order of reinstatement shall make on order as to:- ,
(a) the pay and allowances which shall be paid to him for the period of his suspension; and
(b) whether or not the said period shall be treated as a period spent on duly:
in accordance with "the relevant rules applicable to him~' "
PART-IV - APPEALS
15. Appeals against order of suspension or orders imposing penalties.- (1) Amember of the Panchayat Service may appeal against an order of suspension or an order imposing any penalty on him to the authority specified as appellate authority in the Appendix appended to these rilles within a period of 90 (ninety) days from the date on which he receives the order: .
Provided that the appellate authority may entertain an appeal after -~expiry -of the said period if it is' satisfied -that the appellant "has --had sufficient cause for not submitting the appeal i~ time. .
(2) Every person submitting ail appeal shall do so separately and in his own name. . '
(3) The appeal shall be addressed t6 the authority competent to hear appeals and shall contain a material statements and argumen.ts on which the appellant relies and shall not contai{l any disrespectful or improper language. Acopy of the order appealed agctinst shall invariably be enclosed 'with the Appeal. '. i
(4) A copy of appeal shall also be send\ to the disciplinary authority.
against whose order appeal is preferred. .
16.Disposal of appeals.- (1) In the case of an appeal against an 'Order of suspension the appellate authority shall consider whether. having regard to the circumstances of the case. the order of suspension is justified , or not and confirm or revokeihe orde.r accordingly.
(2) It the case of an appeal against an order imposing any of the penalties specified in rule 5. the appellate Authority shall consider:- R.18 PAN. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 (PR)603 f,
0.
(a) whether the' procedure ,prescribed in these rules has been, complied,.with ,and it not, whether such non-:-compliancehas resulted in~,violationof any provisions 'of the Constitution oC Indiaor,in -failure bfjustice.
(b) whether the'fifidirtgs are justified, arid"" .(C)' whether, t4~'.'pencilj:yimposed Js,'excessive,' adeqtlate, ,or in aaequate:cind p'ass'orders:-" .. " ..' '
(i)"'Se'tting'as}aey~,dt~irig,'conftrmingor erih~cirig the penalty,'or" '.. '.., " , .. ," ."
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(ii), re!TI~ttingth~cC!-seto,tpe authority which imposed the penaltyor~oa~y6theiauthority ,with such direetfori,as' it may deem fit in the CirCl.llTIstancesof t.he case: ' \.:: :.'.:' .':: <. ~, •. :: :"' • .
Provided)that-, :<L:,' , i :.:.: ' "', '.
(i) the appellate authOrity shall not impose any enhanced penalty which neither' such~authljrity nor the authority which made the' order appealedagatnst is competent in the case to impose;
(ii)i no or:de(imp oslrig an enhanced penalty s~all be passed unless' the appellant, is' !given'an opportunity- of making any representation'which he may wish to make against such, enhanced penalty proposed,to 'be imposed on him; and, ;,
(iii) if theenhailce'd penalty which the appellate authority proposed t61mposeis.'<?n~:ofthe penalties spec.ifiedin clause (iv)to (vii) of rure 5,~ridan inquiry under rule 7 has not ~readybeen herd . in" the case'! the. appellate authority shall, subject to the, .
prhvisiori.~~ofhilelU.ttseIf-holdsuch'inquirycordirectithaCsuch -70-" ---------- , inquiry'be~held,'and thereafter on consideration'orthe' proceedings 'of"such inquiry and after ghTingthe appellant an opportunity 'of making any -representation which he may wish to :make against such.penaltyand after obtaining the advice ofthe ,; , administrative standing.~ommute or the competent ~uthority .,;,,' ;' as the case mC!.ybe where necessary, pass such orders as it may ;:,: ,d~enlfit. :
17. Implementation of orders inappeal.- The authority which made . the order appeared agairist shall giveeffect to'the orders passed by the appellate authority; ---, ------~:-.-----.. ----.. ---: ----:---. ------~~--~~--~-.--------.-----------------
18. Representation on ather c~ses.,. (1) A memberofthe'Panchayat' Service may make representation ag~st an order which.": '.' . '
(a) denies or varies to his disadvantage his pay. allowance. retirement benefit or other conditions of service as regulated by any rules or by agreement; 01";;;' ,~, •'.i, ":; ~. , ,. , .
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(b) denies promotion to a higher pos,tor'serviceto,whichis,otherwise eligible according to the recruitment rules and which is due to him according to seniority;'or '!
(c) fnterprets to him disadvantage the provisions of any such rules or agreement; or
(d) stop~ him at the efficiencybar in the time scale on the ground of his unfitness to cross the bar; or
(e) revert him to a lower senrice. or post. otherwise- than as--a penalty; or i IlHl604 PAt\'. SERVICE (DISCIPLINE & APPEAL) RULES, 1999 R.19 I I I I I i I ' I I ,: .i • I I..
(f) determines the pay and allowances for the period ofsuspension to be paid on reinstatement or determines whether or not such period.shall be treated as a period spel'lt on duty; or
(g) reduces or withholds the retirement benefit or denies the maximum retirement benefit admissible under the rules; or
(h) discharges him from service other than penalties; or
(i) denies him confirmation in service or has the effect of his non confirmation in service; and .Transfer order issued by Panchayat;
to the authority specified as appellate authority in the Appendix appended to these rules:
Provided that Government special or General under may direct the class of cases or classes of cases under this sub rule shall be presented to the prescribed authority as specified by it.:
Provided further that appellate authority shall pass order within 30 days under clause (2)The ChiefExecutiveOfficeror the State Government or the officer so authorised, as the case may be, shall call for the relevant records, consider the representation and as may be necessary, pass suitable orders, which shall be final. .
(3)No representation under sub-rule (1)shall be entertained unless it is submitted \Vithin a period of 30 days from the date on which .the applicant. re~eived a copy of the order representation against: '." _ .
Provided the authority may entertain representation after the expiry of the said period, if it is satisfied that the applicant had suffiCientcause for not submitting the representation in time.
.PART-V - MISCELLANEOUS.
19.Repeal and Savings.~(I) Anyrules corresponding to these rules in force immediately before the commencement of these rules and applicable to the Panchayat Servants towhom these rules apply, are hereby repealed:
.Provided that------' ~_ ...-----
(a) such repeal shall not affect the previous operation of the said .rules or anything done or any action taken thereunder;
(b) any proceeding under the said rules which are -pending at the commencement ofthese rules shall be continued and disposed of as far as may be, in accordancewith the provisionsofth~se rules..
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(2)Nothing in these rule shall operate.to deprive any person to whom.
these rules apply of any right of appeal whicll had accrued to him under .the rules repealed in respect -of any order pa~sed before the commencement of these tules.
(3)An appeal pending at the time ofor preferred after the commencement of these rules, against an order made before such commencement shall be considered an orders thereon shall be passed in accordance with these rules. _ .. .'
20. Removal of Doubts.-In all cases of doubts as to interpretation of these rules, the decision of the State Government shall be final..
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GRAM PAS. (POWERS ... OF SECRETARY) RULES, 1.999 (PR)605 APPENDIX I S. Class of Class of Disciplinary Kind of Appellate No. Panchayats Service Authority penalty Authority referred to in rule 5 which may . Ibe imposed (I) (2) (3) (4) (5) (3) l. Zila Class III and Chief Execu- Minor General Ad- Panchayat/ IV' tive Officer Penalty ministration Janpad Comrr.ittee.
Panchayat General Ad- Major General body ministration Penalty . Committee.
2. Zila Class II General Ad- Minor General body Panchayat/ ministration Penally Janpad Committee.
Panchayat
3. Zila Class II General body Major Divis~onal Panchayat Penalty CommissiOI'lff
4. Janpad Class II General body Major District Col~ Panchayat Penalty lector
5. Gram Class IV Secretary Minor Gram Panchayat Penalty Panchayat .. _. -=--= .=General A.d:'~.=cMa..j or _..:. -ce- -::cGenera!bO,gy_-=-...:;c==-., "'~. ministrati~m .. Penalty Committee.
Class III General Ad- Minor Gen-::ral body ministration Penalty Committee.
General body Major Sub Division- Penalty . al Officer (Reyenue) MADHAYA PARDESH GRAMPANCHAYAT(POWERSAND. .
FUNCTIONS OF THE SECRETARY) RULES, 1999 CONTENTS
1. Short title and commencement.
2. Definitions.
3. Powers of the Secrelary.
4. Official duties of the Secretary.
5. Financial and taxational duties of Secret.aiy.
6.
7.
8. Repeal.
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