The Punjab civil services (Punishment and Appeal) Rules, 1970

 

Contents

 

Rule

Subject

1

Short Title

2

Definitions

3

Application

4

Suspension

5

Penalties

6

Punishing Authorities

7

Authority to institute proceedings

8

Procedure for imposing major penalties

9

Action on the inquiry report

10

Procedure for imposing minor penalties

11

Communication of order

12

Common Proceedings

13

Special procedure in certain cases

14

Orders against which no appeal lies

15

Order against which appeal lies

16

Appellate authorities

17

Period of Limitation of appeal

18

Form and contents of appeal

19

Consideration of appeal

20

Implementation of order in appeal

21

Review

22

Service or Orders, Notices, etc.

23

Power to relax time-limit and to condone delay

24

Supply of copy of commission’s advice

25

Repeal and Saving

26

Removal of doubts


Annexure – I

 

 

The Punjab civil services (Punishment and Appeal) Rules, 1970

 

Notified vide No. GSR-87/ConstArt-187, 309 and 318/70 dated 3rd September 1970

 

1.         Short Title and Commencement – (1) These rules may be called the Punjab Civil services (punishment and Appeal) Rules, 1970.

 

(2) They shall come into force at once.

 

2.         Definitions: - In these rules, unless the context otherwise requires: -

(a) “ Appointing authority “ in relation to a Government employee means: -

           

            (i) The authority empowered to make appointments to the service of post which the Government employee is for the time being a member or to the grade of the service in which the Government employee is for the time being included; or

 

            (ii) The authority empowered to make appointments to the post which the Government employee for the time being holds; or

 

(iii) The authority, which appointed the Government employee to such service. grade or post , as the case may be : or

 

            (iv) where the Government employee having been a permanent member of any other service or having substantively held any other permanent post , has been in continuous employment of the Government , the authority which appointed him to that service or to any grade in that service or to that post whichever authority is the highest authority ;

 

( b ) “ Commission “ means the Punjab public service commission :

( c ) “ Government “ means the Government of the state of Punjab :

            (d) “ Government employee “ means any person appointed to any civil service or post in connection with the affairs of the state of Punjab.

 

Explanation: - A Government employee whose services are placed at the disposal of a company, corporation, organization, or a local authority by the Government shall, for the purpose of these rules be deemed to be a Government employee serving under the Government notwithstanding that his salary is drawn form sources other than the consolidated fund of the state:

 

( e ) “ Governor “ means the Governor of Punjab :

 

            ( f )“ Punishing Authority “ means the authority competent under these rules to impose on a Government employee any of the penalties specified in rule 5 :

 

( g ) “ service “ means a civil service of the state of Punjab :

 

3.         Application-  (1) These rules shall apply to every Government employee, but shall not apply to: -

 

 ( a ) any member of the All – India Services :

 ( b ) any person in causal employment:

 ( c ) any person subject to discharge from service on less than one month’s notice :

 ( d ) any person for whom special provision is made in respect of matters covered by these rules by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the Government before or after the commencement of these rules , in regard to matters covered by such special provisions;

 

( 2 ) Notwithstanding anything contained in sub – rules ( 1 ) , the Governor may by order exclude any class of Government employees form the operation of all or any of these rules :

 

( 3 ) Notwithstanding anything contained in sub – rule ( 1 ) , these Rules shall apply to every Government employee temporarily transferred to a service or post coming within clause ( d ) of sub – rule ( 1 ) to whom , but for such transfer these rules would apply ;

 

( 4 ) If any doubt arises whether these rules or any of them apply to any person, the matter shall be referred to the Governor , who shall decide the same .

 

PART II

 

4.         Suspension- (1) The appointing authority or any other authority to which it is subordinate or the punishing authority or any other authority empowered in that behalf by the Governor by general or special order may place a government employee under suspension –

 

( a ) where a disciplinary proceeding against him is contemplated or is pending ; or

( b ) where a case against him in respect of any criminal offence is under investigation , inquiry or trail ;

 

provided where the order of suspension is made by an authority lower than appointing authority , such authority shall forthwith report to the appointing authority the circumstances in which the order was made .

 

( 2 ) A Government employee shall be deemed to have been placed under suspension by an order of appointing authority –

 

(a) with effect form the date of his detention . If he is detained in custody whether on a criminal charge or otherwise for a period exceeding forty – eight hours;

 

( b ) with effect from the date of his conviction . if, in the event of a conviction for an offence , he is sentenced to a term of imprisonment exceeding forty–eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction .

 

Explanation: - The period of forty – eight hours referred to in clause ( b ) of this sub rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose , intermittent periods of imprisonment, if any, shall be taken into account.

 

( 3 ) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government employee under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions , the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal , removal or compulsory retirement and shall remain in force until further orders .

 

( 4 ) Where a penalty of dismissal , removal or compulsory retirement form service imposed upon a Government employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the punishing authority . on a consideration of the circumstances of the case , decides to hold a further inquiry against him on the allegations on which the penalty of dismissal removal or compulsory retirement was originally imposed , the Government employee shall be deemed to have been placed under suspension by the appointing authority form the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders .

 

( 5 ) ( a ) An order of suspension made or deemed to have been made under this rules shall continue to remain in force until it is modified or revoked by the authority competent to do so .

 

( b ) Where a government employee is suspended or is deemed to have been suspended. Whether in connection with any disciplinary proceeding or otherwise , and any other disciplinary proceeding is commenced against him during the continuance of that suspension , the authority competent to place him under suspension may , for reasons to be recorded by him in writing , direct that the Government employee shall continue to be under suspension until the termination of all or any of such proceedings .

( c ) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or is deemed to have made the order by any authority to which that authority is subordinate.

PART III

 

(5)        Penalties: - Following penalties may for good and as hereinafter, be imposed on a Government employee namely: -

 

Minor Penalties

 

(i)                 censure;

(ii)               Withholding of his promotion;

(iii)             Recovery form his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or branch of orders;

(iv)             withholding increment of pay without cumulative effect.

 

Major Penalties

 

(v)        withholding of increments of pay with cumulative effect or reduction to a lower stage in the time scale of pay for a specified period. With further direction as to whether or not the Government employed will     earn increments of pay during the period of such reduction and whether on the expiry of such period reduction will or will not have the effect of postponing the future increments of his pay*;

                               

     *   (Substituted vide Notification No. G.S.R.5/Const./Art.187.309 and 318 Amd(2)/93 dated 5-1- 1993)

 

(vi)       reduction to lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employed to the time-scale of pay, grade, post or service from which he was reduced. With or without further directions regarding condition of restoration to the grade or post or service form which the Government employed was reduced and his seniority and pay on such restoration to that grade, post or service;

 

(vii)      compulsory retirement;

 

(viii)      removal form service which shall not be a disqualification for further employment under the Government;

 

(ix)       dismissal form service which shall ordinarily be a disqualification for future employment under the Government.

 

Explanation:-  The following shall not amount to a penalty within the meaning of this rule namely:-

 

(i)                  withholding  of increment of pay of a Government employed for his failure to pass any departmental examination in accordance with the rules and orders governing the service to which he belongs or post which he holds or the terms of his appointment;

 

(ii)                stoppage of a Government employed at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

 

(iii)               non-promotion of a Government employee. whether in a substantive or officiating capacity. After consideration of his case. To a Service, grade or post for promotion to which he is eligible;

 

(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 on any administration ground unconnected with his conduct;

 

(v)                reversion of a Government employee appointed on probation to any other Service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the term of his appointment or the rules and order governing such probation;

 

(vi)              compulsory retirement of a Government employee in a accordance with the provision relating to his superannuation or retirement;

 

(vii)             termination of the service-

 

(a)    of a Government employee appointed on probation, during or at the end of the period of his probation in according with the term of his appointment or the rules and orders governing such probation; or

 

(b)    of a temporary Government employee appointed otherwise than under contract, on the expiration of the period of the appointment, or on the abolition of the post or before the due time in according with the term of his appointment; or

 

(c)    of a Government employee under an agreement with the terms of such agreement.

 

Notes: -  (1)    punishment authorities have full discretion to publish in the Punjab Government Gazette reason for dismissal where such publication is considered desirable in public interest.

 

(2)        In order to guard against the inadvertent re-employment of persons dismissed form service, the authority passing an order of dismissal shall to the Deputy Inspector General of Police, Punjab, Criminal Investigation Department, the Deputy Commissioner and the Superintendent of Police of the district of which the person concerned is a permanent resident, the name of such a persons and other particular required for purpose of identification. Unless the dismissal has been notified in the Punjab Government Gazette. Similarly, if a person happens to be a resident of another state, the aforesaid officers of that state should be informed accordingly.

           

3.         The provision of this rule shall not be construed to derogate form the provision of section 36 of the Punjab Courts Act, 1918 the payment of Wages Act, 1936, or any other law authorizing the imposing of fines on the ministerial establishment governed by these laws and the authority competent to award the punishment of fine may do so in addition to the punishments mentioned in this rule.

 

4.         The discharge of a person appointed to a hold a temporary appointment, otherwise than in accordance with the provision of explanation (vii) (b) amounts to removal or dismissal and is, therefore, appear label under these rules.

 

5.         The distinction between censure, the withholding of promotion and non-selection to a selection post is of considerable importance. Both censure and the withholding of promotion are appear label under these rules. On the other hand, non-selection for a selection post is not appear label. If a Government employee, because of an unsatisfactory record and unfavourable confidential report, is not selected for a selection post and some other Government employee junior to him is selected in preference, this does not amount to the withholding of promotion. If any enquiry is held against a Government employee and an order of censure is passed on him, it is open to him to appeal; if he does not appeal or his appeal is rejected, and is subsequently because of the existence of this censure in his record, he is not selected for a 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 definite period or until he has obtained good report this order would amount to the infliction of the penalty of withholding promotion. This distinction between non-selection post and 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 of the merits of the other Government employees available.

 

6.         (i)  While reduction of seniority as an independent penalty is not provide for in Rule 5 and cannot be imposed as such, the loss 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.

 

(ii)        The seniority on re-promotion of a Government employee reduced to a lower post or time-scale should be determined by the date of such re-promotion in accordance with the orders issued by the competent authority 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.

 

(iii)       A Government employee in respect of whom one of the penalties included in Rule 5 (vi) was imposed, will on re-promotion court previous service in the higher grade under Rule 4.4 of the Punjab Civil Service Rules, Volume I, Part I, unless the order of punishment or the order passed on appeal direct otherwise.

 

(iv)       An order debarring a Government employee form counting his past service in the grade form which he is reduced if and when reappointed to it, amounts to an order of reduction to a stage of the grade lower than admissible under Rules 4.4 of the Punjab Civil Service Rules, Volume I, Part I, and does not, therefore, fall outside the scope of Rule 5.

     

7.         Unauthorized desertion of his post by a Government employee in face of enemy action, or threat of enemy action clearly amounts to gave misconduct and would, therefore, constitute a ‘good and sufficient’ reason with the meaning of Rules 5, for removal or dismissal in addition to any penalty provided in the East Punjab Essential Service (Maintenance) Act. 1947. loss of pension would then follow automatically by virtue of the provision of Rule 2.5 of Punjab Civil Service Rules, Volume II and it would also be possible to forfeit the Government contribution, if any, to the individual’s Provident Fund.

 

6.         Punishing Authorities. -  Subject to the provision of clause (I) of Article 3 11 of the Constitution of India, the punishing authority shall be such as may be specified in the rules regulating the appointment and condition of service of the employee concerned.

 

7.         Authority to institute proceeding – (1) The Governor or any other authority empowered by him by general or special order may-

 

(a)        institute disciplinary proceedings against any Government employee;

 

(b)        direct a punishing authority to institute disciplinary proceeding against any Government employee on whom that punishing authority is competent to impose under these rules any of the penalties specified in Rule 5.

           

(2)        A punishment authority competent under these rules to impose any the penalties specified in clauses (i) to (iv) of rules 5 may institute disciplinary proceeding against any Government employee for the imposition of any of the penalties specified in clauses (v) to (ix) of Rule 5 notwithstanding that such punishing authority is not competent under these rules to impose any of the latter penalties.

 

 

PART IV

 

8.         Procedure for imposing major penalties  – (1) -No order imposing any of the penalties specified in clauses (v) to (ix) of rule 5 shall be made except after an inquire held, as far as may be in the manner provided in this rule and Rule 9 or the manner provided by the Public Servants (Inquiries) Act 1850 (37 of 1850), where such inquiry is help under that Act.

 

(2)        Whenever the punishing authority is of the opinion that there are ground for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government employee, it may itself inquire into, or appoint under the provision of the Public (Inquiries) Act 1850, as the case may be, an authority to inquire into the truth there of.

 

Explanation: -- Where the punishment authority itself holds the inquire, any reference in sub-rules (7) to (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the punishing authority.

 

(3)        Where it is proposed to hold an inquiry against a Government employee under this rule and rule 9, the punishing authority shall draw up cause to be drawn up:

 

(i)         the substance of imputation of misconduct or misbehaviour into definite and distinct articles of charges;

 

(ii)        a statement of imputation of misconduct or misbehaviour in support of each article of charge, which shall contain-

 

(a)        a statement of all relative 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 sustained.

 

(4)        The punishing authority shall deliver or cause to be delivered to the Government employee, a copy of the articles of change, the statement of the imputations of misconduct or misbehaviour and a list of document and witness 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 statements of his de fence and to state whether he descries to be heard in person.

 

(4-A)  If on receipt of written statement of de fence, the punishing authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 5 should be imposed on the Government employee and for that reason the punishing authority does not consider it necessary to enquire into the articles of charges for imposing any of the penalties specified in clauses (v0 to (ix) of rule 5, it shall, after following the procedure specified in rule 10, make an order imposing any of the penalties specified in clauses (i) to (iv) of rule 5*.

* [Inserted vide Notification No. G.S.R.5/Const./Art.187.309 and 318 Amd(2)/93 dated 5-1- 1993]

 (5) (a) Subject to the provision of sub rule (4-A)* on receipt of the written statement of de fence, the punishment authority may itself inquire into such of the articles of change as are not admitted or, if it consider it necessary so to do, appoint under sub-rule (2), an inquiring authority for the purpose, and where all the articles of change have been admitted by the Government employee in his written statement of charge have been admitted by the Government employee in his written statement of de fence, the punishing authority shall records its finding on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 9;

 

*[Substituted vide Notification No. G.S.R.5/Const./Art.187.309 and 318 Amd(2)/93 dated 5-1- 1993]

 

(b)        If no written statement of de fence is submitted by the Government employee, the punishing authority may itself inquire into the article of charge or may, if it considers it necessary to do so, appoint under sub-rule (2), inquiring authority for the purpose.

         

(c)        Where the punishment authority itself inquires into any article of charge or appoints an inquiring authority for holding an inquiry into such charge, it may by an order appoint a Government employee or a legal practitioner, to be known as the ‘Presenting Officer’ to present on its behalf the case in support of the articles of charge.

 

(6)        The punishing authority shall, where it is not the inquiring authority, forwards to the inquiry authority-

(i)                  a copy of the article of charges and the statement of the imputation of misconduct or misbehaviour;

(ii)                a copy of written statements of de fence, if any submitted by the Government employee;

(iii)               a copy of the statement of witnesses, if any referred to in sub-rule (3);

(iv)              evidence proving the delivery of the documents required to be delivered to the Government employee under sub-rule (4);

(v)                a copy of the order appointed the “Presenting Officer’’.

 

(7)        The Government employee shall appear in person before the inquiring authority on such day and at such time within ten within ten working days form date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour as the inquiring authority may, be a notice in writing, specify in this behalf, or with in such further time not exceeding ten days, as the inquiry authority may allow.

 

(8)        The Government employee may take the assistance of any other Government employee [or a retired Government employee]* to present the case on his behalf, but may not engage a legal practitioner, or the punishing authority having regard to the circumstances of the case, so permits.

*[Added vide Notification No. G.S.R.30/Const./Art.187.309 and 318 Amd(2)/82 dated 10-02-1982]

 

(9)        If the Government employee who has not admitted any of the articles any of the articles of charge in his written statements of de fence or has not submitted any written statement of the de fence, appears before the inquiring authority shall ask him whether he is guilty or has any de fence to make and if he pleads guilty to any of the articles of the charge*. The inquiring authority shall records the plan, sign the record and obtain the signature of the Government employee thereon.

 

*[Substituted vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

(10)         The inquiring authority shall return a finding of guilt in respect of these articles of charges to which the Government employee pleads guilty.

 

(11)         The inquiring authority shall if the Government employee fails to appear within the specified time or refuses or omits to plead, require the Officer to produce the evidence by which he proposes to prove the articles of charges, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Government employee may for the purpose of preparing his de fence-

 

(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 list referred to in sub-rule (3);

 

(ii)                submit a list of witnesses to be examined on his behalf;

 

(iii)               Apply orally or in writing for the supply of copies of the statements, if any recorded, of witness mentioned in the list referred to in sub-rule (3), in which case the inquiring authority shall furnish to him such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the punishing authority; and

 

(iv)              Give a notice within ten days of the order or within such further time not exceeding ten days, as the inquiring authority may allow for the discovery or production of any documents which is in the possession of Government, but not mentioned in the list referred to in sub-rule (3) and the Government employee shall also indicate the relevance of the document required by him to be discovered or produced by the Government*.

 

*[Substituted vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

(12)      The Inquiring Authority shall on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition;

 

        Provided that the inquiring authority may, for reason to be recorded by it in writing; refuse to requisition such of the documents as are in its opinion not relevant to the case.

 

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