THE
MAHARASHTRA CIVIL SERVICES
(Discipline
and Appeal)
Rules,
1979
(As
Amended upto 31.3.2008)
Contents
Rules:-
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PART
I- GENERAL |
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2. |
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3. |
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PART
II- SUSPENSION |
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PART
III- PENALTIES & DISCIPLINARY AUTHORITIES |
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PART
IV- PROCEDURE FOR IMPOSING PENALTIES |
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10. |
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11. |
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12. |
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13. |
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14. |
Provisions regarding officers lent to
any Government in India, local authority etc |
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15. |
Provisions regarding officers borrowed from
any Government in India, local authority etc |
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PART
V- APPEALS |
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17. |
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18. |
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23. |
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24. |
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PART
VI- REVIEW |
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25. |
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25A. |
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PART
VII- MISCELLANEOUS |
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26. |
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27. |
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28. |
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29. |
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30. |
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| ANNEXURE (additional) |
* Source- A book titled “The
Maharashtra Civil Services (Discipline And Appeal Rules, 1979” authored by
Shridhar Joshi, I.A.S. (Retd.) Ex Vice Chairman, M. A. T. and published by Yashada, Pune.
THE
MAHARASHTRA CIVIL SERVICES
(Discipline and
Appeal)
Rules, 1979
(As amended up to
31-03-2008)
-WEBSITE(20)_9_July_08_files/image001.gif){kind=small}
No.
MDA-1078-RMC. - In exercise of the powers conferred by the proviso to article
309 of the Constitution of India, the Governor of Maharashtra is hereby pleased
to make the following rules, namely:-
PART I – GENERAL
1. Short title and commencement
These
rules may be called the Maharashtra Civil Services (Discipline and Appeal)
Rules, 1979.
They
shall come into force on the 12th day of July 1979.
2.
Interpretation
In these
rules, unless the context-otherwise requires-
a) "Appointing
authority" in relation to a Government servant means-
(i) The authority competent to make appointments to the Service of
which the Government servant is for the time being a member or to the grade of
the Service in which the Government servant is for the time being included, or
(ii) the authority competent to make appointments to the post which the Government servant for the time being holds, or
(iii) the authority which appointed the Government servant to such
Service, grade or post, as the case may
be, or
(iv) where a
Government Servant 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 Maharashtra Public Service Commission;
c) "Disciplinary
authority" means the authority competent under these rules to
impose on a Government servant any of the penalties specified in rule 5;
d) "Head
of' Department" shall have the meaning assigned to it in clause
(23) of rule 9 of the Bombay Civil Services, Rules 1958;
e) "Head
of' Office" means the authority declared to be such under
clause (X-a) of rule 2 of the Bombay Financial Rules 1959;
f)
"Government" means
the Government of Maharashtra;
g) "Government
servant" means a person who-
i.
is appointed to any Civil Service or post in connection
with the affairs of the State, and include such Government servant whose
services are temporarily placed at the disposal of any other Government in
India, or a company, or corporation owned or controlled by Government, or a
local authority or other authority, notwithstanding that his salary is drawn
from sources other than the Consolidated Fund of the State;
ii.
is a member of a Service of or holds a civil post under, any
other Government in India and whose services are temporarily placed at the
disposal of Government or
iii.
is in the service of a local or other authority and whose
services are temporarily placed at the disposal of Government;
h) "Legal
Practitioner" means an advocate, vakil or attorney of any High
Court, mukhta or revenue agent;
i)
* "Major penalty" means
any of the penalties specified in item (vii) to (ix) (both inclusive) of
sub-rule (1) of rule 5;
j)
**
"Minor penalty" means any of the penalties specified in item (i)
to (vi) (both inclusive) of sub-rule (1) of rule 5;
k)
"Regional
Head of Department" means any of the officers specified in the
Appendix to these rules.
l)
"Service" means a
Civil Service of the State;
m) "State" means
the State of Maharashtra.
* Clause (i) substituted by notification no. CDR-1005/C.R.24/05/11 dated
29/12/2006.
** Clause (j) substituted by notification no. CDR-1005/C.R.24/05/11
dated 29/12/2006.
3.
Application
(1) Except as
otherwise provided by or under 'these rules, these rules shall apply to every
Government servant not being,
(a) any
member of an All India Service,
(b) person in casual employment of Government,
(c) an Inspector of Police or a member of the subordinate ranks as defined
in clause (16) of section 2 of the Bombay Police Act, 1951,
(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 under any
agreement entered into by or with previous approval of the Governor before or
after the commencement of these rules, in regard to matters covered by such
special provisions,
(2) Notwithstanding anything contained in Sub-rule (1), the Governor
.may, by order exclude any class of Government Servants from the operation of
all or any of these rules.
(3)
If any doubt arises
(a) whether these rules or any of them apply to any person or
(b) whether any person to whom these rules apply belongs to a
particular service, the matter shall be referred-to the Governor who shall
decide the same.
PART II - SUSPENSION
4.
Suspension
(1) The
appointing authority or any authority to which the appointing authority is subordinate
or the disciplinary authority or any other authority empowered in the behalf by
the Governor by general or special order may place a Government servant under
suspension-
(a) where a disciplinary proceeding against him
is contemplated or is pending, or
(b) where in the
opinion of the authority aforesaid, he has engaged himself in activities
prejudicial to the interest of the security of the State, or
(c) where a case
against him in respect of any criminal offence is under investigation, inquiry
or trial:
Provided
that, where the order of suspension is made by an authority lower than the
appointing authority, such authority shall forthwith report to the appointing
authority, the circumstances in which the order was made.
(2) A Government
servant shall be deemed to have been placed under suspension by an order of
appointing authority-
(a) with effect
from the date of his detention, if he is detained in police or judicial
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 servant 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 from service imposed
upon a Government servant is set aside or declared or rendered void in
consequence of, or by, a decision of a court of law, and the disciplinary authority,
on a consideration of the circumstances of the case, decides to hold a further
inquiry against him on the allegation on which the penalty of
dismissal, removal or compulsory retirement was originally
imposed, the Government servant shall be deemed to have been placed under
suspension by the appointing authority from the date of the original order of
dismissal, removal or compulsory retirement and shall continue to remain under
suspension until further orders.
* [Provided that no such further inquiry shall be ordered
unless it is intended to meet a situation where the Court has passed on order
purely on technical grounds without going into the merits of the case.]
* Proviso inserted by Notification No. CDR-1188/I582/CR-38-88/XI, dated
12.10.1990.
(5) (a) An order of suspension made or deemed to
have been made under this rule shall continue to remain in force until it is
modified or revoked by the authority competent to do so.
(b) Where a
Government servant is suspended or is deemed to have been suspended (Whether in
connection with any disciplinary proceeding or other -wise), 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 it in writing, direct that the Government servant
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 or by any authority to which that authority is subordinate.
PART III - PENALTIES
AND DISCIPLINARY AUTHORITIES
5.
Penalties
+ [(l) Without prejudice to the
provisions of any law [or the time being in force, the following penalties may,
for good and sufficient reasons and as hereinafter, provided, be imposed on a
Government servant, namely -
Minor
Penalties -
(i)
Censure;
(ii)
Withholding of his promotion;
(iii)
Recovery from his pay of the whole or part of any
pecuniary loss caused by him to Government, by negligence or breach of orders;
(iv)
Withholding of increments of pay;
(v)
Reduction to a lower stage in the time-scale of pay for a
specified period, with further directions as to whether or not the Government
servant will earn increments of pay during the period of such reduction and
whether on the expiry of such period, the reduction will or will not have the
effect of postponing the future increments of his pay;
(vi)
reduction to a lower time-scale of pay, grade, post or
service which shall ordinarily be a
bar to the promotion of a Government servant to the time-scale of pay, grade,
post, or service from which he was reduced, with or without further directions
regarding conditions or restoration to the time-scale of pay, grade, post or
service from which the Government servant was reduced and his seniority and pay
on such restoration to that time-scale of pay, grade, post or service;
Major Penalties -
(vii)
compulsory retirement;
(viii)
removal from Service which shall not be a disqualification
for future employment under Government;
(ix)
dismissal from Service which shall ordinarily be a disqualification
for future employment under Government:
++ [Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or (ix) shall be imposed;
Provided
further that, in any exceptional case and for special reasons recorded in
writing any other penalty may be imposed].
Explanation
-
The
following shall not amount a penalty within the meaning of this rule, namely -
(i)
Withholding of increments of pay of Government servant for
his failure to pass any departmental examination or the * [Hindi and Marathi language examination] in accordance with the
rules or orders governing the service to which he belongs or post which he
holds or the terms of his appointment;
(ii)
stoppage of a Government servant 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 servant, 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, on administrative grounds unconnected with his conduct;
(iv)
reversion
of a Government servant 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 administrative
ground unconnected with his conduct;
(v)
reversion
of a Government servant 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 terms of his appointment or the
rules and orders governing such probation;
(vi)
replacement of the services of .a Government servant,
whose services had been borrowed from any Government in India or any authority
under its control, at the disposal of such Government, or authority;
(vii)
compulsory retirement of a Government servant in accordance
with the provisions relating to his superannuation or retirement;
(viii)
termination of the services –
(a) of a Government servant appointed on probation, during
or at the end of the period of his probation, in accordance with the terms of
his appointment or the rules and orders governing such probation; or
(b) of a temporary Government servant unconnected with his
conduct; or
(c) of a Government servant employed under an agreement,
in accordance with the terms of such agreement.
(2)
Where a penalty mentioned in item (v) or (vi) in sub-rule (1) is imposed on a
Government servant, the authority imposing the penalty shall expressly state in
the order imposing the penalty that the period for which the reduction is to be
effective will be exclusive of any interval spent on leave before the period is
completed.
+ Sub-rule (1) Substituted by Notification No. 1097/CR No. 32/97/XJ dated 5-2-1998.
++ Both the provisos shown in the brackets below the Major Penalty of dismissal were added vide notification number CDR 1188/1582/CR.38-88/XI dated 12- 10- 1990
* The words in the bracket in explanation (I) below sub- rule (1) were inserted vide notification number CDR.1187/246/5/XI dated 04- 02- 1987
6. Disciplinary authorities
(l) The Governor may impose any of the penalties specified
in rule 5 on any Government servant.
(2) Without prejudice to the provisions of sub-rule (1),
Appointing Authorities may impose any
on the penalties specified in rule 5 upon members of Class III and Class IV
Services serving under them, whom they have power to appoint:
Provided
that the Heads of Offices shall exercise the powers of imposing minor penalties
on the Class III and Class IV Government servants under their respective
administrative control:
Provided
further that Heads of Departments and Regional Head of
Departments shall exercise the powers of imposing minor penalties
only in relation to Government servants of State Service (Class II) under their
respective control:
* [[Provided
also that, the Heads of Departments shall exercise the powers of imposing minor
penalties only in relation to Government servants of State service (Class-I)
under their respective administrative control who draw pay in a scale, the
minimum of which does not exceed +(Rs. 10650)].
# [[(3) Without prejudice to the
provisions of sub-rule (1), the Commissioners of Divisions shall, in the course
of implementation of the Employment Guarantee Scheme under the Maharashtra
Employment Guarantee Act, 1977(Mah. XX of 1978), exercise the powers of
imposing minor penalties only in relation to Government servants of State
Service, Class I, drawing pay in a scale the minimum of which is +[Rs. 10650)
or less and of State Services, Class II, and shall also exercise .the powers of
imposing any of the penalties specified in rule 5 in relation to members of
Class III and Class IV Services serving in the said Scheme.]]
* The
Proviso inserted by Notification No. CDR.1185/2777/3/XI, dated 17.4.1986.
# Sub-rule
(3) inserted by Notification No. CDR 1187/1351/27- XI dated 18/6/1987.
+ Letters
and figures "Rs. 3000/- “substituted by Notification number CDR- 1189/
1258/ 20/ XI dated 18- 10- 1989, in third Proviso below sub- rule (2) and in
sub- rule (3) were further substituted by the letters and figures Rs. 10650/-
by Notification No. CDR-1001/773/C.R.13/01/XI, dated 29.10.2004.
7. Authority to institute proceedings
(1) The Governor or any other authority empowered by him
by general or special order may-
(a)
institute disciplinary proceedings against any Government servant;
(b) direct a disciplinary authority to institute
disciplinary proceedings against any Government servant on whom that
disciplinary authority is competent to impose under these rules any of the penalties
specified in rule 5.
+ (c)
[direct the transfer of any pending enquiry from any enquiring authority,
appointed by the disciplinary authority under sub-rule (2) of
rule 8, to any other enquiring authority if he is satisfied that it .is
necessary for timely completion of enquiry].
(2) A disciplinary authority competent under these rules
to impose any of the penalties specified in rule 5 may institute disciplinary
proceeding against any Government servant on whom the disciplinary authority is
competent to impose any of the penalties specified in rule 5.
+ Inserted by Notification No. CDR
1097/ CR-I0/ 97/XI dated 6.2.1998.
PART IV -PROCEDURE
FOR IMPOSING PENALTIES
8. Procedure for imposing major penalties
(1) No
order imposing any of the major penalties shall be made except after an inquiry
held, as far as may be, in the manner provided in this rule and rule 9, or
where such inquiry is held under the Public Servants (Inquiries) Act 1850 (37
of 1850), in the manner provided in that Act.
(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 a Government servant 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 to inquire into the
truth thereof.
Explanation-
Where
a disciplinary authority itself holds an inquiry under this rule, any reference
to an inquiring authority in this rule shall, unless the context otherwise
requires, be construed as reference to the disciplinary authority.
(3) Where it is proposed to hold an inquiry against
a Government servant under this rule,
the disciplinary 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 charge;
(ii) a
statement of the imputation of misconduct or misbehaviour in support of each
article
of
charge, which shall contain-
(a)
a statement of all relevant facts including any admission or confession made by
the Government servant; and
(b)
a list of documents by which, and a list of witnesses by whom, the articles of
charges are proposed to be sustained.
(4) The
disciplinary authority shall deliver or cause to be delivered to the Government
servant, a copy of articles of charge the statement of the imputations of
misconduct or misbehaviour, and a list of documents and of the witnesses by
which each article of charge is proposed to be sustained, and shall by a
written notice require the Government servant to submit to it within such time
as may be specified in the notice, a written statement of his defence and to
state whether he desires to be heard in person.
(5) (a) On
receipt of the written statement of defence the disciplinary authority
may itself inquire into such of the articles of charge as are not admitted, or,
if it considers it necessary as 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 servant in his written statement of defence,
the disciplinary 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 these rules.
(b) If no written
statement of defence is submitted by the Government servant, the disciplinary
authority may itself inquire into the articles of charge or may, if it
considers it necessary to do so appoint under sub-rule (2) of these rules an
inquiring authority for the purpose.
(c) Where the
disciplinary authority appoints an inquiring authority it may, by an order,
appoint a Government servant or a legal practitioner, to be known as the
"Presenting Officer" to present the case in support of the articles
of charge before the inquiring authority.
(6) The disciplinary authority shall where it is not the
inquiring authority, forward to the inquiring authority-
(i) a copy of
each of the articles of charge and the statement of the imputations of
misconduct or misbehaviour;
(ii) a copy of
the written statement of defence, if any, submitted by the Government servants;
(iii) copies of statements of witnesses if any, referred
to in sub-rule (3) of this rule;
(iv) evidence
proving the delivery of the documents referred to in sub-rule (3) to the
Government servant; and
(v) a
copy of the order appointing the presenting Officer.
(7) The Government servant 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 statement 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 the inquiring authority may allow.
(8) The Government servant may take the assistance
of any other Government servant *[or
retired Government Servant] to present the case on his behalf, but may not
engage a legal practitioner for the purpose unless the Presenting Officer
appointed by the disciplinary authority is a legal practitioner, or, the
disciplinary authority, having regard to the circumstances of the case, so
permits.
(9) If the
Government servant who has not admitted any of the articles of charge in his
written statement of defence, or has not submitted any written statement of
defence, appears before the inquiring authority, such authority shall ask him
whether he is guilty or has any defence to make and if the pleads guilty to any
of the articles of charge, the inquiring authority shall record the plea, sign
the record and obtain signature of the Government servant thereon.
(10) The inquiring authority shall return a finding
of guilt in respect of those articles of charge to which the Government servant
pleads guilty.
(11) The inquiring authority shall, if the
Government servant fails to appear within the specified time or refuses or
admits to plead, require the Presenting Officer to produce the evidence by
which he proposes to prove article of charge and shall adjourn the case to a
later date not exceeding thirty days, after recording an order that the
Government servant may, for the purpose of preparing his defence,
(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) of this rule.
(ii) submit a list of witnesses to be examined on
his behalf.
(iii) 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 are in the possession of
Government but not mentioned in the list referred to in sub-rule (3) of this
rule, indicating the relevance of such documents.
(12) Where the Government servant 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) of this rule, 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 examination of the witnesses
on behalf of the disciplinary authority.
(13) Where the inquiring authority receives a
notice from the Government servant for the discovery or production of
documents, the inquiring authority shall 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 reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
(14) On receipt of the requisition referred to in
sub-rule (13), every authority having the custody or possession of the
requisitioned documents shall produce the same before the inquiring authority:
Provided 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 and the inquiring authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production of discovery of such documents.
(15) The inquiry shall be commenced on the date
fixed in that behalf by the inquiring authority and shall be continued
thereafter on such date or dates as may be fixed time to time by that
authority.
(16) On the date fixed for the
inquiry, the oral and documentary evidence by which the articles of charge arc
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 Government servant.
The Presenting Officer shall be entitled to re-examine, the witnesses an 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
questions to the witnesses as it thinks fit.
(17) If it shall appear necessary before the close of
the case on behalf of the disciplinary authority, the inquiring authority may,
in its discretion, allow the Presenting Officer to produce evidence not
included in the list given to the Government servant or may itself call for new
evidence or recall and re-examine any witness and in such case the Government
servant shall be entitled to have, if he demands it. a copy of the list of
further evidence proposed to be produced and an adjournment of the inquiry for
three clear days before the production of such new evidence, exclusive of the
day of adjournment and the day to which the inquiry is adjourned. The inquiring
authority shall give the Government servant an opportunity of inspecting such
documents before they are taken on the record. The inquiring authority may also
allow the
Government servant to produce new evidence, if it is of
the opinion that the production of such evidence is necessary in the interests
of justice:
Provided
that no new evidence shall be permitted or called for or any witness shall be
recalled to fill up any gap in the evidence unless there is an inherent lacuna
or defect in the evidence which has been produced originally.
(18) When the case for the disciplinary authority
is closed, the Government servant 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 servant shall be required to sign the record. In
either case a copy of the statement of defence shall be given to the Presenting
Officer appointed, if any.
(19) The Evidence on behalf of the Government servant shall then be produced. The Government servant may examine himself in his own behalf if he so prefers. The witnesses produced by the Government servant 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 disciplinary authority.
(20) The inquiring authority may, after the
Government servant closes his case and shall, if the Government servant has not
examined himself, generally question him on the circumstances appearing against
him in the evidence for the purpose of enabling the Government servant to
explain any circumstances appearing in the evidence against him.
(21) The inquiring authority
may, after the completion of the production of evidence, hear the Presenting
Officer, appointed, if any, and the Government servant, or permit them to file
the written briefs of their respective case, if they so desire.
(22) If the Government servant to whom a copy of
the articles of charge has been delivered, does not submit a written statement
of defence on or before the date specified for the purpose or does not appear
in person before the inquiring authority or otherwise fails or refuses to
comply with the provisions of this rule, the inquiring may hold the inquiry
ex-parte.
(23) (a) Where a disciplinary
authority competent to impose any of the minor penalties but not competent to
impose any of the major penalties has itself inquired into or caused to be
inquired into any of the articles of charge and that authority, having regard
to its own findings or having regard to its decision on any of the findings of
any inquiring authority appointed by it, is of the opinion that any of the
major penalties should be imposed on the Government servant, that authority
shall forward the records of the inquiry to such disciplinary authority as is
competent to impose such major penalty.
(b) The disciplinary 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, cross-examine and re-examine the
witness, and may impose on the Government servant such penalty as it may deem
fit in accordance with these rules.
Provided
that if any witnesses are recalled, they may be cross-examined by or on behalf
of the Government servant.
(24) Whenever any inquiring authority, after having
heard and recorded the whole or any part of the evidence in an inquiry ceases
to exercise jurisdiction therein, and is succeeded by another inquiring
authority which has, and which exercises, such jurisdiction, the inquiring
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 interests of justice, it may recall, examine cross-examine and
re-examine any such witnesses as hereinbefore provided.
Provided
that, if any witnesses are recalled, they may be cross-examined by or on behalf
of the Government servant.
(25) After conclusion of the inquiry, a report
shall be prepared by the inquiring authority, such report shall contain-
(a)
the articles of the charge and the statement of the imputations of misconduct
or misbehaviour;
(b)
the defence of the Government servant 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;
+
[(e) Recommendation regarding the quantum of punishment]
(26) Where, in the opinion of the inquiring
authority, the proceedings of the inquiry establish any article of charge,
different from the original article of the charge and it may record its finding
on such article of charge:
Provided
that, the findings on such article of charge shall not be recorded unless the
Government servant has 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.
(27) 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 prepared by it under sub-rule (25);
(b)
the written statement of defence, if any, submitted by the Government servant;
(c)
the oral and documentary evidence produced in the course of the inquiry;
(d)
written briefs, if any, filed by the Presenting Officer or the Government
servant or both during the course of the inquiry; and
(e)
the orders, if any, made by the disciplinary authority and the inquiring
authority in regard to the inquiry.
* The words in the bracket shown in sub- rule 8 inserted by Notification No. CDR. 1096/CR-83/96-11 dated 10-6-1998.
+ Clause (e) of Sub-rule (25) deleted by Notification No. CDR 1096/ CR-58-96/XI dated 1-12-1997.
9.
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 further inquiry and report, and the inquiring authority shall
thereupon proceed to hold the further inquiry according to the provisions of
rule 8 of the these rules as far as may be.
(2) The
disciplinary authority shall, if it is not the inquiring authority, consider
the record of the inquiry and record its findings on each charge. If it disagrees
with the findings of the inquiring authority on any article of charge, it shall
record its reasons for such disagreement.
(3) If the
disciplinary authority having regard to its findings on all or any of the
articles of charge is of the opinion that any of the minor penalties should be
imposed on the Government servant, it shall, notwithstanding anything contained
in ru1e 10 of these rules on the basis of the evidence adduced during the
inquiry held under rule 8 determine what penalty, if any should be imposed on
the, Government servant and make an order imposing such penalty:
Provided
that, in every case where it is necessary to consult the Commission, the record
of the inquiry shall be forwarded by the disciplinary authority to the
Commission for its advice, and such advice shall be taken into consideration
before making any order imposing any penalty on the Government servant.
+ [(4) If
the disciplinary authority, having regard to its findings on all or any of the
articles of charge and on the basis of the evidence adduced during the inquiry,
is of the opinion that any of the penalties specified in clauses (v) to (ix) of
sub-rule (1) of rule 5, should, be imposed on the Government servant, it shall
make an order imposing such penalty and it shall not be necessary' to give. the
Government servant any opportunity of making representation on the penalty
proposed to be imposed
Provided
that, in every case where it is necessary to consult the Commission, the record
of the inquiry shall be forwarded by the Disciplinary authority to the
Commission for its advice, and such advice shall be taken into consideration
before making an order imposing any such penalty on the Government servant.]
+ Substituted for earlier Sub-rule (4) by
Notification No. CDR. 1184/1380/27/XI
dated 15.11.1985.
10. Procedure for imposing minor Penalties
(1) Save as provided in sub-rule (3) of rule 9, no order
imposing on a Government servant
any of the minor penalties shall be made except
after
(a)
informing the Government servant in writing of the proposal 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
representation as he may wish to make against the proposal;
(b)
holding an inquiry in the manner laid down in rule 8, in every case in which
the disciplinary authority is of the opinion that such inquiry is necessary;
(c)
taking into consideration the representation, if any, submitted by the
Government servant under clause (a) of this rule and the record of inquiry, if
any, held under clause (b) of this rule;
(d)
recording a finding on each imputation of misconduct or misbehaviour; and
(e)
consulting the Commission where such consultation is necessary.
(2) Notwithstanding
anything contained in clause (b) of sub-rule (1), if in a case it is proposed, after considering the
representation if any, made by the Government servant under clause (a) of that
sub-rule, to withhold increments of pay and such withholding of increments is
likely to affect adversely the amount of pension payable to the Governments
servant or to withhold increment of pay for a period exceeding three years or
to withhold increments of pay with cumulative effect for any period + [or to impose any of the penalties
specified in clauses (v) and (vi) of sub-rule (1) of the rule (5)], an inquiry
shall be held in the manner laid down in sub- rule (3) to (27) of rule 8,
before making any order of imposing on the Government servant any such penalty.
(3) The record of the proceeding in such cases
shall include-
(i)
a copy of the intimation to the Government servant of the proposal to take
action against to him;
(ii) a copy of the statement or imputations of misconduct
or misbehaviour delivered to him;
(iii)
his representations, if any;
(iv)
the evidence produced during the inquiry;
(v)
the advice of the Commission, if any;
(vi)
the findings un each imputation of misconduct or misbehaviour; and
(vii)
the orders on the case together with the reasons therefor.
+ The words shown in the bracket in sub- rule (2) inserted vide
notification no. CDA-1005/C.R.24/05/11 dated
29/12/2006.
11. Communication of orders
Orders
made by the disciplinary authority shall be communicated to the Government
servant who shall also be supplied with a copy of the report of the inquiry, if
any, held by the disciplinary authority and a copy of its findings on each
article of charge, or, where the disciplinary authority is not the inquiring
authority, a copy of the report of the inquiry authority and a statement of the
findings of the disciplinary authority together with brief reasons for its
disagreement, if any, with the findings of the inquiring authority, (unless
they have already been supplied to him) and also a copy of the advice, if any,
given by the Commission, and, where the disciplinary authority, has not
accepted the advice of the Commission, a brief statement of the reasons for
such non -acceptance.
12. Common proceedings
(1) Where two or more Government servants are concerned in
any, case, the Governor or any other
authority competent to impose the penalty of dismissal from service on all such
Government servants may make an order directing that disciplinary action against
all of them may be taken in a common proceeding.
(2) Where the authorities competent to impose the penalty
of dismissal on such Government servants are different, an order for taking
disciplinary action in a common proceeding may be made by the highest of such
authorities with the consent of the others.
(3)
Every order for taking disciplinary action in a common proceeding shall
specify-
(i) the authority which may function as the disciplinary
authority for the purpose of such common proceeding;
(ii) the penalties specified in rule 5 which such
disciplinary authority shall be competent to impose; and
(iii) whether the procedure laid down in rule 8 and rule 9
or rule 10 shall be followed in the proceeding.
13. Special procedure in certain cases
Notwithstanding
anything contained in rules 8 to rule 12 of these rules.
(i) where any penalty is imposed on a Government servant
on the ground of conduct which has led to his conviction on a criminal charge;
or
(ii) where the disciplinary authority is satisfied for reasons
to be recorded by it in writing that it is not reasonably practicable to hold
an inquiry in the manner provided in these rules, or
(iii) where the Governor is satisfied that in the interest
of the security of the State, it is not expedient to hold any inquiry in the
manner provided in these rules, or the disciplinary authority may consider the
circumstances of the case and make such orders thereon as it deems fit.
* [Provided that the Government
Servant may be given an opportunity of making
representation on the penalty proposed to be imposed before any order is
made in a case under clause (i)
Provided further that
the Commission shall be consulted. Where such consultation is necessary before
any orders are made in any case under this rule].
(iv) * * Disciplinary proceeding come to an
end immediately on the death of the delinquent Government servant. No
disciplinary proceedings under these rules, can therefore, be continued after
the death of the concerned Government servant.
* Both Provisos below clause
(iii) were inserted in place of earlier provisos by Notification No.
CDR.1188/1582/CR. 38.88/XI, dated 12.10.1990.
** Sub-rule (iv)
is added vide notification no. CDR 1199/C.R.13/99/11 dated 23/2/2000.
14. Provisions regarding Officers lent to any Government in India, Local authority, etc.
(1) Where the Services of a Government servant are lent by
one department of Government to another department of Government or to any
other Government in India or to an authority subordinate thereto or to a local
or other authority (including any Company or corporation owned or controlled by
Government) (hereinafter in this rule referred to as "the borrowing
authority") the borrowing authority shall have the powers of the appointing
authority for the purpose of placing such Government servant under suspension
and of the disciplinary authority for the purpose of conducting a disciplinary
proceeding against him:
Provided
that, the borrowing authority shall forthwith inform the authority which lent
the services of the Government servant (hereinafter in this rule referred to as
" the lending authority") of the circumstances leading to the order
of suspension of such Government servant or the commencement of the
disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary
proceeding conducted against the Government servant, -
(i) if the borrowing authority is of the opinion
that any of the minor penalties should be imposed on the Government servant it
may after consultation with the lending authority, make such orders on the case
as it deems necessary:
Provided
that, in the event of a difference of opinion between the borrowing authority
and the lending authority, the services of the Government servant shall be replaced
at the disposal of the lending authority;
(ii) if the borrowing authority is of the opinion that any
of the major penalties should be imposed on the Government servant, it shall
replace his services at the disposal of the lending authority and transmit to
it, the proceedings of the inquiry; and thereupon the lending authority may, if
it is the disciplinary authority, pass such orders therein as it may deem
necessary or if it is not the disciplinary authority, submit the case to the
disciplinary authority which shall pass such orders on the case as it may deem
necessary
Provided
that, before passing any order, the disciplinary authority shall comply with
the provisions of sub-rules (3) and (4) of rule 9 of these rules.
(3) The orders under clause (ii) of sub-rule (2) of
this rule may be passed by the disciplinary authority either on the basis of
the record of the inquiry transmitted to it by the borrowing authority or after
holding such further inquiry as it may deem necessary, as far as may be in accordance
with the provisions of rule 8 of these rules.
15. Provision regarding Officers borrowed from any Government in India, local authority etc
(1) Where an order of suspension is made or a disciplinary
proceeding is conducted against a Government servant whose services have
been borrowed by one department of Government from another department of
Government or from any Government in India or from any authority, subordinate
thereto or from a local or other authority, (including a company or corporation
owned or controlled by Government) the authority lending his services
(hereinafter in this rule referred to as "the lending authority" )
shall forthwith be informed of the circumstances leading to the order of the
suspension of the Government servant or of the commencement of the disciplinary
proceeding, as the case may be.
(2) In the light of the findings in the disciplinary
proceeding conducted against the Government servant-
(i) if the disciplinary authority is of the opinion that
any of the minor penalties should be
imposed on him, it may, subject to the provisions of sub-rule (3) of rule 9 of
these rules after consultation
with the lending authority, pass such orders on the case as it may deem
necessary.
Provided
that, in the event of a difference of opinion between the borrowing authority
and the lending authority, the services of the Government servant shall be
replaced at the disposal of the lending authority;
(ii) if the disciplinary authority is of the opinion that
any of the major penalties should be imposed on the Government servant, it
shall replace the services of such Government servant at the disposal of the
lending authority and transmit to it the proceedings of the inquiry for such
action as it may deem necessary.
PART V – APPEALS
16. Orders against which no appeal lies
Notwithstanding
anything contained in this part, no appeal shall lie(s) against-
(i) any order made by the Governor;
(ii) any order of an interlocutory nature or of the nature
of a step- in-aid or the final
disposal of a disciplinary proceeding, other than an order of
suspension;
(iii) any other order passed by an inquiring
authority in the course of an inquiry under rule 8 of these rules.
17. Orders against which appeal lies
Subject
to the provisions of rule 16, a Government servant may prefer an appeal against
all or any of the following orders, namely :-
(i) an order of suspension made or deemed to have been
made under rule 4 of these rules;
(ii) an order imposing any of the penalties specified in rule
5 of these rules, whether made by the disciplinary authority or by any
appellate or reviewing authority;
(iii)
an order enhancing any penalty, imposed under rule 5 of these rules;
(iv)
an order which-
a) denies or varies to his
disadvantages his pay allowances, pension or other conditions of. service as
regulated by rules or by agreement; or
(b) denies promotion to which he is otherwise eligible
according to the recruitment rule and which is due to him according to his
seniority;
(c)
interprets to his disadvantage the provisions of any such rule or agreement;
(v) an order
(a) stopping him at the efficiency bar in the time scale
of pay on the ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher
Service, "grade or post to a lower Service, grade 'or post, otherwise
'than as a penalty;
(c) reducing or withholding the pension or denying the
maximum pension admissible to him under the rules governing pension;
(d) determining the subsistence and the other allowances
to be paid to him for the period of suspension or for the period during which
he is deemed to be under suspension or for any portion thereof;
(e)
determining his pay and allowances
(i) for the
period of suspension, or
(ii) for the period from the date of his dismissal,
removal, or compulsory retirement
from service, or from the date of his reduction to a lower Service, grade,
post, time-scale or stage in a time-scale of pay, to the date of his
reinstatement or restoration to his Service, grade or post, or
(f) determining whether or not the period from the date of
his suspension or from the date of his dismissal, removal, compulsory
retirement or reduction to a lower Service, grade, post, time- scale of pay or
stage in a time-scale of pay to the date of his re-instatement or restoration
to his Service, grade or post shall be treated as a period spent on duty for
any purpose.
Explanation- In
this rule,
(i) the expression "Government Servant" includes
a person who has ceased to be in Government service.
(ii) the expression "Pension includes additional
pension, gratuity and any other retirement benefits.
18. Appellate authorities
(1)
Subject to the provisions of any law for the time being in force,
* (i) a
member of class I or class II services (Group A or Group B service, including a
person who belonged to any of these classes immediately before he ceased to be
in service ),may appeal to
a) Government
against the orders passed by the authorities subordinate to Government, imposing
penalties on him or
b) The
Governor, against the orders passed by the Government or any authority not
subordinate to Government imposing penalties on him.
(ii) a member of class III or Class IV Service (including
a person who belonged to any of those classes immediately before he ceased to
be in Service), may appeal to the immediate superior of the Officer imposing a
penalty upon him under rule 5 of these rules; [**and no further appeal shall be
admissible to him.]
+ [Provided
that - - - - - - - - - - -------]
(2)
Notwithstanding anything contained in sub-rule (1) of this rule-
(i)
an appeal against an order in a common proceeding held
under rule 12 of these rules shall lie to the authority to which the authority
functioning as the disciplinary authority for the purpose of that proceeding is
immediately subordinate:
+ + [Provided that where such authority is subordinate to the Governor in respect of a Government servant for whom Governor is the appellate authority in terms of clause (i) of sub-rule (l), the appeal shall lie to the Governor.]
(ii) where the
person who made the order appealed against becomes, by virtue of his subsequent
appointment or otherwise the appellate authority in respect of such order, an
appeal against such order shall lie to the authority to which such person
is
immediately subordinate.
* The clause (i) in sub- rule (1) substituted vide notification NO.
CDR.1199/CR-16/99/XI/dated 18- 04- 2001
** Bracketed words in clause (ii) of sub- rule (1) inserted by Notification
No. CDR.1188/1582/CR-38-88/XI, dated 12-10-1990
+ Proviso
deleted by Notification No. CDR, 1188/1582/CR-38-88/XI, dated 12-10-1990.
+ + Proviso inserted by Notification, No. CDR. 1188/1582/CR-38-88/XI,
dated 12.10.1990.
19. Period of limitation for appeals
No appeal preferred
under this Part shall be entertained unless such appeal is preferred within a
period of forty-five days from the date on which a copy of the order appealed
against is delivered to the appellant:
Provided that, the
appellate authority may entertain the appeal after the expiry of the said
period, if it is satisfied that the appellant had sufficient cause for not
preferring the appeal in time.
20. Mode, form and contents of appeal
(1) Every person preferring an appeal shall do so
separately and in his own name and shall address it to the authority to which
the appeal lies.
(2) The appeal shall be complete in itself-and shall
contain all material statements and arguments on which the appellant relies,
but shall not contain any disrespectful or improper language.
21. Submission of appeals
(1)
Every appeal shall be submitted to the authority which made the order appealed
against:
Provided
that:
(a) where
such authority is not the Head of the Office in which the appellant may be
serving, or
(b) where
the appellant has ceased to be in service and such authority was not the Head
of the Office in which the appellant was serving immediately before he ceased
to be in Service or
(c) where such
authority is not subordinate to any Head of Office referred to in clause (a) or
(b) the appeal shall be submitted to the Head of Office referred to in clause
(a) or (b) of this sub- rule accordingly, as the appellant is or is not in
service;
22. Transmission of appeals
(1) The authority which made the order appealed
against shall, on receipt of copy of the appeal, without any avoidable delay,
and without waiting for any direction from the appellate authority, transmit to
the appellate authority every appeal together with its comments thereon and the
relevant records.
23. Consideration of appeal
(1) In the
case of appeal against an order of suspension, the appellate authority shall
consider whether in the light of the provisions of rule 4 of these rules and
having regard to the circumstances of the case, the order of suspension is
justified or not and confirm or revoke the order, accordingly.
(2) In the
case of an appeal against an order imposing any of the penalties specified in
rule 5 of these rules or enhancing any
penalty imposed under that rule, the appellate authority shall consider-
(a) whether the procedure laid down in these rules has
been followed, and if not, whether
such non-compliance has resulted in the violation of any provisions of the Constitution
of India or in the failure of justice;
(b) whether the findings of the disciplinary authority are
warranted by the evidence of the
record; and
(c) whether the penalty or the enhanced penalty imposed is
adequate, inadequate, or severe; and pass orders-
(i)
confirming, enhancing, reducing, or setting aside the penalty; or
(ii) remitting the case to the authority which had passed
the order appealed against, with such directions as it may deem fit in the
circumstances the case:
Provided that-
(i) the appellate authority shall not impose any enhanced
penalty which neither such authority nor the authority which made the order
appealed against is competent in the case to impose;
(ii) the Commission shall be consulted in all cases where
such consultation is necessary;
(iii) * [if the
enhanced penalty which the appellate authority proposes to impose is one of the
major penalties and an inquiry under rule 8 has not already been held in the
case, the appellate authority shall, subject to the provisions of rule 13,
itself hold such inquiry or direct that such inquiry be held in accordance with
the provisions of rule 8, and thereafter, on a consideration of the proceedings
of such inquiry, make such orders as it may deem fit;]
(iv) If the enhanced penalty which the appellate
authority proposes to impose is one of the major penalties and an inquiry under
rule 8 of these rules has already been held in the case, the
appellate authority shall * * [ give to the Government servant a
notice stating the enhanced penalty proposed to be imposed on him and calling
upon him to submit within 15 days of receipt of notice or such further time not
exceeding 15 days, as may be allowed, such representation as he may wish to
make on the enhanced penalty] make such orders as it may deem fit; and
+ (V) [no
order imposing an enhance penalty shall be made in any other case unless the
appellate has been served with a notice stating the enhance penalty proposed to
be imposed on him and calling upon him to submit within 15 days of receipt of
the notice or such further time not exceeding 15 days, as may be allowed, such
representation as he may wish to make on the proposed enhanced penalty].
(3) In an
appeal against any other order specified in rule 17 of these rules, the
appellate authority shall consider all the circumstances of the case and make
such orders as it may deem just and equitable.
* Earlier proviso (iii) is
substituted for earlier proviso (iii) by Notification No. CDR. 1188/1582/
CR-38-88/XI, dated 12.10.1990.
** The words
in the bracket in clause (iv) of sub- rule (2) deleted by notification CDR.1188/1582/CR-38-88/XI,dated 12.10.1990.
+ The entire clause (v) deleted by Notification No.
CDR.1188/1582/CR-38-88/XI,dated 12.10.1990.
24. Implementation of orders in appeal
The authority, which
made the order appealed against, shall give effect to the orders passed by the
appellate authority.
PART VI - * [REVISION AND REVIEW]
25. *[Revision]
(1) Notwithstanding anything contained in these rules,
the Governor or any authority subordinate to him to which an appeal against an
order imposing any of the penalties specified in rule 5 of these rules lies
may, at any time, either on his or its own motion or otherwise call for the
records of an inquiry and *[revise] any order made under these rules or under
the rules repealed by rule 29 of these rules from which an appeal lies but
against which no appeal has been preferred or orders against which no appeal
lies, after consultation with the Commission where such consultation is
necessary, and may -
(a)
confirm, modify or set aside the order; or
(b)
confirm, reduce, enhance or set aside the penalty imposed
by the order, or impose any penalty where no penalty has been imposed; or
(c)
remit, the case to the authority which made the order or
to any other authority directing such authority to make such further inquiry as
it may consider proper in the circumstances of the case; or
(d)
pass such other orders as it may deem fit
* The heading of Part IV "REVIEW'
substituted by the heading "REVISION AND REVIEW', in the marginal note the
words "Review" is substituted by the word "Revision" and in
sub-rule (1) the words "review" substituted by the words "revise"
by the Notification No. CDR. 1184/1380/27/XI, dated 15.11.1985.
Provided
that, no order imposing or enhancing any penalty shall be made by
any ** [revising
authority], unless the Government servant concerned has been given a reasonable
opportunity of making a representation against the penalty proposed, and where
it is proposed to impose any of the major penalties or to enhance the penalty
imposed by order sought ** [to be revised] to any of the
major penalties, no such penalty shall be imposed except after an inquiry in
the manner laid down in rule 8 of these rules + [ and after giving a reasonable opportunity to the Government
servant concerned of showing cause against the penalty proposed on the evidence
adduced during the inquiry and trial] except after consultation with the
Commission where such consultation is necessary:
Provided
further that, no ** [power of revision] shall be exercised by the authority to
which an appeal against an order imposing any of the penalties specified in
rule 5 of these rules, lies unless --- -
(i)
the authority which made the order in appeal, or
(ii)
the authority to which an appeal would lie, where no
appeal has been preferred is subordinate to it.
(2) No proceeding for [revision] shall be
commenced until after
(i) the expiry of the period of limitation
for an appeal,
(ii) the disposal of the appeal, where any
such appeal has been preferred.
(3) An application for ** [revision] shall be
dealt with in the same manner as if it were an appeal under these rules, except
that the period of limitation for its consideration shall be six
months commencing from the date on which a copy of the order under * [revision]
is delivered to the applicant -
** The words "reviewing authority" substituted by the words "revising authority", the words "to be reviewed" substituted by the words" to be revised", the words "power of review" substituted by the words" power of revision" And the word "review" substituted by the words "revision" by Notification No. COR. 1184/1380/27/XI, dated 15.11.1985.
+ The words shown in the bracket deleted by Notification No. CDR. 1188/1582/CR-38-88.,/XI, dated 12-10-1990.
25A. * Review
The
Governor may, at any time, either on his own motion or otherwise, review any order
passed under these rules, when any new material or evidence which could not be
produced. or was not available at the time of the order under review and which
has the effect of changing the nature o the case, has come or has been brought,
to his notice:
Provided that, no order imposing
or enhancing any penalty shall be made by the Governor unless the
Government servant concerned has been given a reasonable opportunity of making
a representation against the penalty proposed, or where it is proposed to
impose any of the major penalties specified in rule 5 or to enhance the minor
penalty imposed by the order sought to be reviewed to any of the major
penalties and if an inquiry under rule 8 has not already been held in the case,
no such penalty shall be imposed except after an inquiry in the manner laid
down in rule 8, subject to the provision of rule 13, and except after
consultation with the Commission where such consultation is necessary.
* This rule is inserted by Notification NO. CDR
1184/I380/27/XI, dated 15.11.1985.
PART VII
- MISCELLANEOUS
26. Service of orders, notices, etc
Every order, notice
and other process made or issued under these rules shall be served in person on
the Government servant concerned or communicated to him by registered post.
27.
Power
to relax limit and to condone delay
Save
as otherwise expressly provided in these rules, the authority competent under
these rules to make any order may, for good and sufficient reasons or is
sufficient cause is shown, extend the time specified in these rules for any
thing required to be done under these rules or condone any delay.
28. Supply of copy of Commission's advice
Whenever
the Commission is consulted as provided in these rules, a copy of the advice by
the Commission and where such advice has not been accepted, also a brief
statement of the reasons for such non- acceptance, shall be furnished to the
Government servant concerned along with a copy of the order passed in the case
by authority making the order.
29. Repeal and saving
(1)
On the commencement of these rules, the following rules, that is to say -
(i) the
Bombay Civil Services Conduct, Discipline and Appeal Rules in so far as they
relate to matters provided by these rules;
(ii) the
rules made under rule 54 of the Civil Services (Classification Control and
Appeal) Rules as applicable to non-gazetted servants of the Government of
Maharashtra who were allocated to that Government from the pre-Reorganisation
State of Madhya Pradesh,
(iii)
the Civil Services (Classification, Control and Appeal) Rules as applicable to
gazetted servants other than those to whom the Hyderabad Civil Services
(Classification, Control and Appeal) Rules are applicable;
(iv) the
Hyderabad Civil Services (Classification, Control and Appeal) Rules applicable
to the servants of the Government of Maharashtra who were allocated to that
Government from the pre- Reorganisation State of Hyderabad; and any rules
corresponding
to the rules referred to in clauses (i), (ii). (iii) and (iv) and in force
immediately before the commencement of these rules and applicable to Government
servants to whom these rules apply are hereby repealed :-
Provided
that -
(a) such
repeal shall not affect the previous operation of any notifications or orders
made, or anything done, or any action taken under the rules so repealed;
(b) any
proceedings under the rule so repealed which were pending at the commencement
of these rules shall be continued and disposed of as far as may be, in
accordance with the provisions of these rules, as if such proceedings were
proceedings under these rules.
(2) Nothing in these rules shall be construed as depriving
any person to whom these rules apply of any right of appeal which had accrued
to him under the rules, notifications or orders in force before the
commencement of these rules.
(3) An appeal pending at the commencement of these rules
against an order made before such commencement shall be considered and orders thereon
shall be made, in accordance with these rules, as if such orders were made
under these rules.
(4) As from the commencement of these rules any appeal or
application for review against any order made before such commencement shall be
preferred or made under these rules, as if such orders were made under these
rules:
Provided
that. nothing in these rules shall be construed as reducing any period of
limitation for any appeal or review provided by any rule in force before the
commencement of these rules.
30. Removal of doubt
Where
a doubt arises as to whether any authority is subordinate to, or higher than,
any other authority or as to the interpretation of any of the provisions of
these rules, the matter shall be referred to Government whose decision thereon
shall be final.
{Rule 2
(K)}
Schedule showing authorities
recognised as Regional Heads vide Government Resolution, Finance Department,
No. PAY-1058/231800/S-2, dated 10th December 1958 as modified from
time to time.
I - Home
Department
- The Deputy Inspector General of Police,
Anti-Corruption and Prohibition Intelligence and Director, Anti-Corruption
Bureau, Bombay
- The Commissioner of Police, Pune
- The Commissioner of Police, Nagpur
- The Deputy Inspector General of Police,
Intelligence, Bombay
- The Deputy Inspector General of Police (Crime
and Railways), Pune
- The Deputy Inspector General of Police, Bombay
Range, Nashik
- The Deputy Inspector General of Police,
Aurangabad Range, Aurangabad
- The Deputy Inspector General of Police, Pune Range,
Kolhapur
- The Deputy Inspector General of Police, Nagpur
Range, Amravati
- The Deputy Inspector General of Police, Armed
Forces, Bombay
- The Deputy Inspector General of Police,
Training and Special Units, Bombay
- The Regional Transport Officer, Bombay Region,
Bombay
- The Regional Transport Officer, Thane Region,
Thane
- The Regional Transport Officer, Pune Region,
Pune
- The Regional Transport Officer, Aurangabad
Region, Aurangabad
- The Regional Transport Officer, Nagpur Region,
Nagpur
- The Deputy Commissioner of Prohibition and
Excise (Administration), Bombay
- The Deputy Inspector General of Prisons and
Deputy Director of Correctional Services, Eastern Region, Nagpur
- The Deputy Inspector General of Prisons and
Deputy Director of Correctional Services, Western Region, Pune
- The Deputy Inspector General of Prisons and
Deputy Director of Correctional Services, Central Region, Aurangabad
II-
Revenue and Forests Department
- The Deputy Director of Land Records, Nagpur
- The Deputy Director of Land Records, Pune
- The Deputy Director of Land Records, Bombay
- The Deputy Director of Land Records,
Aurangabad
- The Conservator of Forests, Nashik Circle
- The Conservator of Forests, Pune Circle
- The Conservator of Forests, Nagpur Circle
- The Conservator of Forests, Amravati Circle
- The Conservator of Forests, Thane Circle
- The Conservator of Forests, Kolhapur Circle
- The Conservator of Forests, Chandrapur Circle
- The Conservator of Forests, Aurangabad Circle
- The Chief Wild Life Warden, Pune
- The Conservator of Forests, Working Plants, Pune
- The Conservator of Forests, Evoluation, Pune
- The Conservator of Forests, Tendue Leaves
Circle, Nagpur
III -
Agriculture and Co-operation Department
- The Superintending Agricultural Officer,
Nagpur
- The Superintending Agricultural Officer,
Bombay
- The Superintending Agricultural Officer, Pune
- The Superintending Agricultural Officer,
Aurangabad
- The Superintending Agricultural Officer,
Konkan Region, Thane
- The Superintending Agricultural Officer,
Kolhapur
- The Superintending Agricultural Officer,
Amravati
- The Regional Deputy Director of Animal
Husbandry, Nagpur
- The Regional Deputy Director of Animal
Husbandry, Bombay
- The Regional Deputy Director of Animal
Husbandry, Pune
- The Regional Deputy Director of Animal
Husbandry, Aurangabad
- The Regional Dairy Development Officer, Pune
- The Regional Dairy Development Officer, Nagpur
- The Regional Dairy Development Officer, Konkan
Bhavan, Konkan
- The Deputy Director of Cottage Industries and
Deputy Registrar for Industrial Cooperatives, Bombay
- The Deputy Director of Cottage Industries and
Deputy Registrar for Industrial Cooperatives, Pune
- The Deputy Director of Cottage Industries and
Deputy Registrar for Industrial Cooperatives, Nagpur
- The Deputy Director of Cottage Industries and
Deputy Registrar for Industrial Cooperatives, Aurangabad
- The Deputy Registrar of Co-operative
Societies, Nagpur
- The Deputy Registrar of Co-operative
Societies, Amravati
- The Deputy Registrar of Co-operative
Societies, Aurangabad
- The Deputy Registrar of Co-operative Societies,
Pune
- The Deputy Registrar of Co-operative
Societies, Nashik
- The Deputy Registrar of Co-operative
Societies, Bombay
- The Deputy Registrar of Co-operative
Societies, (Sugar)
IV -
Education and Youth Services Department
- The Deputy Director of Education, Greater
Bombay
- The Deputy Director of Education, Pune
- The Deputy Director of Education, Nagpur
- The Deputy Director of Education, Aurangabad
- The Deputy Director of Education, Nashik
- The Deputy Director of Education, Amravati
- The Deputy Director of Education, Kolhapur
- The Deputy Director of Technical Education,
Greater Bombay
- The Deputy Director of Technical Education,
Pune
- The Deputy Director of Technical Education,
Nagpur
- The Deputy Director of Technical Education,
Aurangabad
V- Urban
Development and Public Health Department
- The Deputy Director of Health Services, Bombay
Circle, Bombay
- The Deputy Director of Health Services, Nashik
Circle, Nashik
- The Deputy Director of Health Services, Pune
Circle, Pune
- The Deputy Director of Health Services,
Kolhapur Circle, Kolhapur
- The Deputy Director of Health Services, Nagpur
Circle, Nagpur
- The Deputy Director of Health Services, Akola
Circle, Akola
- The Deputy Director of Health Services,
Aurangabad Circle, Aurangabad
- Assistant Director of Ayurved, Nagpur
- Assistant Director of Ayurved, Pune
- Joint Commissioner, Food & Drugs
Administration, Bombay Circle, Bombay
- Joint Commissioner, Food & Drugs
Administration, Bombay Division, Bombay
- Joint Commissioner, Food & Drugs
Administration, Nagpur Division, Nagpur
- Joint Commissioner, Food & Drugs
Administration, Pune Division, Pune
- Joint Commissioner, Food & Drugs
Administration, Aurangabad Division, Aurangabad
- Administrative Medical Officer, Employees
State Insurance Scheme, Bombay
- Administrative Medical Officer, Employees
State Insurance Scheme, Pune
- Administrative Medical Officer, Employees
State Insurance Scheme, Nagpur
- Deputy Director of Town Planning, Bombay
Division, Bombay
- Deputy Director of Town Planning, Pune
Division, Pune
- Deputy Director of Town Planning, Nagpur
Division, Nagpur
- Deputy Director of Town Planning, Aurangabad
Division, Aurangabad
VI -
Finance Department
- Chief Auditor, Local Fund Accounts, Bombau
- The Deputy Director of Accounts &
Treasuries, Pune
- The Deputy Director of Accounts & Treasuries,
Nagpur
VII -
Industries, Energy & Labour Department
- The Joint Director of Industries, Bombay
Region
- The Joint Director of Industries, Bombay
Metropolitan Region
- The Joint Director of Industries, Pune
- The Joint Director of Industries, Aurangabad
- The Joint Director of Industries, Nagpur
- The Deputy Commissioner of Labour, Nagpur
- The Deputy Commissioner of Labour, Pune
VIII-
Social Welfare, Cultural Affairs, Sports and Tourism Department
- The Divisional Social Welfare Officer, Bombay
- The Divisional Social Welfare Officer, Ngapur
- The Divisional Social Welfare Officer, Pune
- The Divisional Social Welfare Officer,
Aurangabad
IX -
Rural Development Department
- Joint Director, Groundwater Surveys and
Development Agency, Pune