Sunday, 23 October 2022

Conduct & Disciplinary Rules – 142

 Conduct & Disciplinary Rules – 142

 Disciplinary Rules – An introduction

21 Rules regarding the composition of Review committee have been prescribed in GOI, Dept of Personnel & Training vide its OM No 11012/4/2003-Estt (A) dt. 7.1.2004. Accordingly the disciplinary authority, appellate authority and another officer of the level of disciplinary/appointing authority in case where President is not disciplinary or appellate authority the disciplinary and two officers of level of secretary/additional secretary/ Joint secretary who are equivalent or higher in rank than the disciplinary authority in case where the appellate authority is President; three officers of the level of Secretary /Additional Secretary/ Joint secretary who are higher in rank than the suspended official in case where President is the disciplinary authority.    

22 Rule 10 (7) prescribes that suspension order will not be valid if it is not extended before the expiry of period of first ninety days. As Rule 10 (5) (a) prescribes that the suspension order shall continue to remain in force until it is modified or revoked. As such, the invalid suspension order shall be treated as null & void automatically. So the competent authority should issue a revocation order to end the invalid order. The revocation order should bear the date of effect of revocation .i.e., 91st day of suspension.

23 The period of suspension should be treated as duty and the suspended official is entitled for full pay and allowances if the disciplinary proceedings end with minor penalty. According to Rule 54 B of F.R, the suspension is not justified if the disciplinary proceeding ends with minor penalty. This is the achievement of the National JCM which took up the subject in 1985 and got the rule amended in favour of staff in 1985.

24 The right of appeal against the suspension is available under Rule 23 of CCS (CCA) Rules 1965. The appeal should be submitted within 45 days from the date on which reasons for suspension are communicated vide GOIMHA Dept per & trg OM No 35014/1/85 Estt (A) dt. 9.11.1982. This right of appeal is not sufficient. Rule 10 is divided into seven sub rules. Every sub rule requires action from the authorities. Every action should be a justified one; otherwise, interest of the suspended official will be badly affected. In order to render justice, the right of appeal should be available for every order passed under these sub-rules of Rule 10 after suspension and therefore, the period of appeal should not be restricted to 45 days. Provisions should be made available to prefer appeal by the suspended official on the grievances raised by the action or inaction of the authority as prescribed in seven sub Rules of Rule 10.


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