Minor penalties :-
(a) Censure,
(b) withholding of increments of pay with or without cumulative effect;
(c) withholding of promotion;
(d) recovery from pay of the whole or part of any pecuniary loss caused to the Board, by negligence or breach of orders Major penalties :-
(e) reduction to a lower grade or post, or to a lower stage in a time scale;
(f) removal from service which shall not be a disqualification for future employment;
(g) dismissal;
Explanation : The following shall not amount to a penalty within the meaning of this rule:- I. withholding of increment of an employee on account of his work being found unsatisfactory or not being of the required standard, or for failure to pass a prescribed test or examination;
II. stoppage of an employee at the efficiency bar in a time scale on the ground of his unfitness to cross such bar;
III. non-promotion, whether in an officiating capacity or otherwise, of an employee, to a higher post for which he may be eligible for consideration but for which he is found unsuitable after consideration of his case;
IV. reversion to a lower grade or post, of an employee officiating in a higher grade or post, on the ground that he is considered, after trial, to be unsuitable for such higher grade or post, or on administrative grounds unconnected with his conduct.
V. Reversion to his previous grade or post, of an employee appointed on probation to another grade or post, during or at the end of the period of probation, in accordance with the terms of his appointment;
VI. termination of service –
(a) of an employee appointed on probation, during or at the end of the period of probation, in accordance with the terms of his appointment;
(b) of an employee appointed in a temporary capacity otherwise than under a contract or agreement, on the expiration of the period for which he was appointed, or earlier in accordance with the terms of his appointment;
(c) of an employee appointed under a contract or agreement, in accordance with the terms of such contract or agreement; and
(d) of any employee on reduction of establishment.
25 Disciplinary authority The disciplinary authority, specified in the Schedule I annexed to these rules, or any higher authority may impose any of the penalties specified in rule 24 on any employee.
26. Procedure for imposing major penalties
(1) No order imposing any of the major penalties specified in clauses (e), (f) and (g) of rule 24 shall be issued except after an inquiry is held in accordance with this rule.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itself enquire into, or appoint any officer under this rule (hereinafter called the inquiring authority) to inquire into the truth thereof.
(3) Where it is proposed to hold an inquiry, the disciplinary authority shall frame definite charges on the basis of the allegations against the employee. The charges, together with a statement of the allegations, on which they are based, a list of documents by which and a list of witnesses by whom, the articles of charge are proposed to be sustained, shall be communicated in writing to the employee, who shall be required to submit within such time as may be specified by the disciplinary authority (not exceeding 15 days), a written statement whether he admits or denies any of or all the articles of charge.
Explanation : It shall not be necessary to show any documents listed with the articles of charge or any other documents to the employee at this stage.
(4) On receipt of the written statement of the employee, or if no such statement is received within the time specified, an inquiry may be held by the disciplinary authority itself, or by any other officer appointed as an inquiring authority under sub-rule (2).
Provided that it may not be necessary to hold an inquiry in respect of the charges admitted by the employee in his written statement. The disciplinary authority shall, however, record its findings on each such charge.
(6) Where the disciplinary authority itself inquires or appoints an inquring and inquiry, it may, by an order appoint an officer to be known as the “presenting Officer” to present on its behalf the case in support of the articles of charge.
The employee may take the assistance of any other officer but may not engage a legal practitioner for the purpose.
(7) On the date fixed by the inquiring authority, the employee shall appear before the inquiring authority at the time, place and date specified in the notice.
The inquiring authority shall ask the employee whether he pleads guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquring authority shall record the plea, sign the record and obtain the signature of the employee concerned thereon. The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the employee concerned pleads guilty.
(8) If the employee does not plead guilty, the inquring authority shall adjourn the case to a later date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence :
(i) Inspect the documents listed with the chargsheet;
(ii) Submit a list of additional documents and witnesses that he wants to examine;
and
(iii) Be supplied with the copies of the statements of witnesses, if any, listed in the chargesheet.
Note : Relevancy of the additional documents and the witnesses referred to in clause (ii) will have to be given by the employee concerned and the documents and the witnesses shall be summoned if the inquring authority is satisfied about their relevance to the charges under inquiry.
(9) The inquiring authority shall ask the authority in whose custody or possession the documents are kept by a requisition notice, for the production of the documents on such date as may be specified.
(10) The authority in whose custody or possession the requisitioned documents are, shall arrange to produce the same before the inquiring authority on the date, place and time specified in the requisition notice :
Provided that the authority having the custody or possession of the requisitioned documents may claim privilege if he is satisfied that the production of such documents will be against the public interest or the interest of the Board and inform in writing the inquiring authority accordingly.
(11) 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 disciplinary authority. The witnesses shall be examined by or on behalf of the presenting officer and may be cross-examined by or on behalf of the 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 a new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(12) Before the close of the prosecution case, the inquiring authority may, in its discretion, allow the presenting officer to produce evidence not included in the charge-sheet or may itself call for new evidence or recall or re-examine any witness, In such case the employee shall be given opportunity to inspect the documentary evidence before it is taken on record; or to cross-examine a witness, who has been so summoned.
(13) When the case for the disciplinary authority is closed, the 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 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.
(14) The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to crossexamination, re-examination and examination by the inquiring authority according to the provision applicable to the witnesses for the disciplinary authority.
(15) The inquiring authority may, after the employee closes his case, and shall, if the employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.
(16) The inquiring authority may, after completion of the production of evidence, hear the presenting officer, if any, and the employee, or permit them to file written briefs of their respective cases, if they so desire.
(17) If the employee does not submit the written statement of defence referred to in sub-rule (3) on or before the date specified for the purpose or does not appear in person, or through the assisting officer or otherwise fails or refuses to comply with any of the provisions of these rules, the inquiring authority may hold the inquiry ex parte.
(18) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry cases exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiry authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself :
Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re-examine any such witness as herein before provided.
(19) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain –
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) the defence of the 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 therefore.
Provided that if in the opinion of the inquiring authority the proceedings 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 further that the findings on such article of charge shall not be recorded unless the 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 itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include –
(a) the report of the inquiry prepared by it under clause (i);
(b) the written statement of defence, if any submitted by the employee referred in sub-rule (13);
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs referred to in sub-rule (16), if any; and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.
27. Action on the inquiry report :
(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for fresh or further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of rule 26.
(2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.
(3) If the disciplinary authority, having regard to its findings on all or any of the article of charge, is of the opinion that any of the penalties specified in rule 24 should be imposed on the employee, it shall, notwithstanding anything contained in rule 28, make an order imposing such penalty.
(4) If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that no penalty is called for, it may pass an order exonerating the employee concerned.
28. Procedure for imposing minor penalties:
(1) Where it is proposed to impose any of the minor penalties specified in clause (a) to (d) of rule 24, the employee concerned shall be informed in writing of the imputations of misconduct or misbehaviour against him and given an opportunity to submit his written statement of defence within a specified period not exceeding 15 days, the defence statement, if any, submitted by the employee shall be taken into consideration by the disciplinary authority before passing an order.
(2) The record of the proceedings shall include – I. a copy of the statement of imputations of misconduct or misbehaviour delivered to the employee;
II. his defence statement, if any; and III. the orders fo the disciplinary authority together with the reason therefore.
29. Communication of orders - Orders made by the disciplinary authority under rule 27 or rule 28 shall be communicated to the employee concerned, who shall also be supplied with a copy of the report of inquiry, if any.
30. Common proceedings - Where two or more employees are concerned in a case, the authority competent to impose a major penalty on all such employees make an order directing that disciplinary proceedings against all of them may be taken in a common proceedings and an authority specified by him may function as the disciplinary authority for the purpose of such common proceedings.