Procedure for imposing minor penalties

Procedure for imposing minor penalties— 53 Substituted vide Notification No. 11018/01/2016-AIS-III, dt. 20.01.2017 (GSR No. 59(E) dt. 20.01.2017) 54 Substituted vide Notification No. 11018/01/2016-AIS-III, dt. 20.01.2017 (GSR No. 59(E) dt. 20.01.2017) 55 Inserted / Substituted vide Notification No. 11018/01/2016-AIS-III, dt. 20.01.2017 (GSR No. 59(E) dt. 20.01.2017) 285 10(1) Subject to the provision of sub-rule (3) of Rule 9 no order imposing on a member of the Service any of the penalties specified in clauses (i) to (iv) of rule 6 shall be made except after:— (a) informing the member of the Service in writing of the proposal to take action against him and of the imputations of misconduct or misbehavior 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 sub-rules (4) to (23) of rule 8, 56(in every case in which it is proposed to withhold increments of pay for a period exceeding three years, or with cumulative effect for any period, or so as to adversely affect the amount of pension payable to him, or in which the disciplinary authority is of the opinion that such inquiry is necessary. (c) taking the representation, if any submitted by the member of the Service under clause (a), and the record of inquiry, if any, held under clause (b) into consideration; (d) recording a finding on each imputation of misconduct or misbehavior, and (e) consulting the Commission. 10(2) The record of proceedings in such cases shall include:— (i) a copy of the intimation to the member of the Service of the proposal to take action against him; (ii) a copy of the statement of imputations of misconduct or misbehavior delivered to him; (iii) his representation, if any; (iv) the evidence produced during the inquiry; (v) the advice of the Commission; (vi) the findings on each imputation of misconduct or misbehavior; and (vii) the orders on the case together with the reasons therefor. 11. Cases of difference of opinion to be referred to Central Government.— When there is any difference of opinion between a State Government and the Commission on any matter covered by these rules such matter shall be referred to the Central Government for its decision. 12. Communication of orders.— Orders made by the disciplinary authority shall be communicated to the member of the Service who shall also be supplied with a copy of the report of the inquiring authority and a statement of the finding of the disciplinary authority, together with brief reasons for its disagreements, 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 56 Substituted vide DP&AR Notification No.6/9/72-AIS(III) dated 05.07.1975 (GSR No.872 dated 19.07.1975) 286 accepted the advice of the Commission, a brief statement of the reasons for such non?acceptance. 13. Common proceeding.— Where two or more members of the Service are concerned in any case, the Government may make an order directing that disciplinary action against all of them may be taken in a common proceeding. 14. Special procedure in certain cases.— Notwithstanding anything contained in rules 8 to 12— (i) where any penalty is imposed on a member of the Service 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 if, is not reasonably practicable to hold an inquiry in the manner provided in these rules; or (iii) where the President is satisfied that, in the interest of the security of the State, it is not expedient to hold an inquiry in the manner provided in these rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit; 57Provided that the member of the Service may be given an opportunity of making a representation on the penalty proposed to be imposed before any order is made in a case under clause (i) of this rule: Provided 58further that except in cases where consultation with the Union Public Service Commission is not necessary in accordance with the provisions of the Union Public Service Commission (Exemption from Consultation) Regulations, 1958, the Union Public Service Commission shall be consulted before any order is made in any case under this rule.

Source : THE ALL INDIA SERVICES (DISCIPLINE AND APPEAL) RULES, 1969