, the State Government can directly make a reference to UPSC for the quantum of penalty

1. If any act of omission renders a moS liable of any penalty except dismissal, removal and compulsory retirement, the State Government can directly make a reference to UPSC for the quantum of penalty, which in turn, communicate the 326 same directly under intimation to the respective Cadre Controlling Authorities of the Central Government: - When a member is adjudged guilty of committing any act or omission which renders him liable to any of the penalties specified in rule 3 other than dismissal, removal or compulsory retirement, the State Government under whom he was serving at the time of such act or omission, shall make a reference direct to the Union Public Service Commission for their advice as to the quantum of penalty to be imposed on him. The Commission would communicate their advice direct to the State Government concerned under intimation to the 85Department of Personnel and A R in the case of the IAS, Ministry of Home Affairs in the case of IPS and the 86Department of Agriculture in the case of IFS. The State Government should endorse copies of their final orders to the Commission and the 87Ministry of Home Affairs. If, however, the State Government does not accept the advice of the Commission in any case, they will have to make a reference to the Government of India in accordance with the proviso to rule 6. 2. Cases referred to the Commission and the Government of India should be complete in all respects. All the documents in connection with the case should invariably forwarded be in original. [G.I., M.H.A. letter No. 7/1/59—AIS(II), dated 9th June, 1959 read with letter No. 73/60—AIS(II), dated 17th March, 1960.