ABSTRACT REGARDING DISCIPLINARY RULES
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PUNJAB CIVIL SERVANTS DIRECTORY RETIREMENT RULES
GOVERNMENT OF THE PUNJAB SERVICES AND GENERAL ADMINISTRATION (Regulation Wing) No. SOR-I(S&GAD)4-11/2020 Dated 16-02-2021
Procedure for directory retirement.—(1) Each Department or Attached Department shall maintain a list of civil servants who have completed service specified in clause (i) of sub-section (1) of section 12 of the Act along with complete service record,
A review of the performance of all civil servants by the respective retirement board and retirement committees shall be conducted upon completion of service specified in sub-rule (1),
Subsequent to the mandatory review upon completion of service under sub rule (1) and prior te retirement at the age of superannuation or exercising the option of premature retirement, cases of civil servants shall be referred by the Secretary or Head of the Department or Attached Department concerned to the relevant retirement board or retirement committees, as the case may be, if it is determined that grounds for directory retirement as specified in rule 5 have become applicable.
While referring cases to the retirement board or retirement committees either for mandatory review after service specified in sub-rule {1) or any subsequent review, the Secretary or, Head of Attached Department concerned shall ensure provision of relevant record, including complete facts, supporting documentary evidence, if any, duly authenticated service record. as well as such other record as may be considered relevant.
Composition of retirement committees.— (1) There shall be various retirement committees in each Department or office to recommend to the competent authority directory retirement from service in respect of a civil servant in BPS-18 and below.
Retiring pension:
A civil servant against whom an order for directory retirement is passed by the competent authority shall be eligible for pension or other retirement benefits as the competent authority may, in public interest, direct.
Right of Appeal or Review:
A civil servant against whom an orderr fOr directory rretirement is passed by the competent authority shall have the right of appeal to the authority case of review next above the competent authority or to the Chief Minister in case of review.
THE PUNJAB EMPLO4YEES EFFICIENCY,
DISCIPLINE AND ACCOUNTABILITY ACT 2006
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(ACT XII OF 2006)
An Act to provide for proceedings against the employees in Government and corporation service in relation to their efficiency, discipline and accountability.
Preamble. – Whereas it is expedient and necessary in the public interest and for good governance to provide measures for improvement of efficiency, discipline and accountability of employees in government and corporation service and matters connected therewith or ancillary thereto;
It is hereby enacted as follows:-
- Short title, extent, commencement and application. – (1) This Act may be called the Punjab Employees Efficiency, Discipline and Accountability Act 2006.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
(4) It shall apply to-
(i) employees in government service;
(ii) employees in corporation service; and
(iii) retired employees of government and corporation service; provided that proceedings under this Act are initiated against them during their service or within one year of their retirement.
‘corruption’ means –
(i) accepting or obtaining or offering any gratification or valuable thing, directly or indirectly, other than legal remuneration, as a reward for doing or for bearing to do any official act: or
(ii) dishonestly or fraudulently misappropriating, or indulging in embezzlement or misusing Government property or resources; or
(iii) possession of pecuniary sources or property by an employee or any of his dependents or any other person, through him or on his behalf, which cannot be accounted for and which are disproportionate to his known sources of income; or
(iv) maintaining standard of living beyond known sources of income; or (v) having a reputation of being corrupt; or
(vi) entering into plea bargain under any law for the time being in force and return the assets or gains acquired through corruption or corrupt practices, voluntarily;
misconduct’ includes –
(i) conduct prejudicial to good order or service discipline; or
(ii) conduct contrary to the conduct rules, for the time being in force; or
(iii) conduct unbecoming of an officer and a gentleman; or
(iv) involvement or participation for gain directly or indirectly, in industry, trade or speculative transactions by abuse or misuse of official position to gain undue advantage or assumption of such financial or other obligations in relation to private institutions or persons, as may compromise the performance of official duties or functions; or
(v) any act to bring or attempt to bring outside influence directly or indirectly to bear on the Governor, the Chief Minister, a Minister, or any other authority in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of
service; or
(vi) making appointment or promotion or having been appointed or promoted on extraneous grounds in violation of any law or rules; or
(vii) absence from duty without prior approval of leave; or
(viii) acquittal by a court of law as a result of compounding of an offence involving moral turpitude or affecting human body; or
(ix) conviction for an offence by a court of law;
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Grounds for proceedings and penalty. –
An employee shall be liable tobe proceeded against under this Act, if he is –
(i) inefficient or has ceased to be efficient for any reason; or
(ii) guilty of misconduct; or
(iii) guilty of corruption or is reasonably considered to be corrupt; or
(iv) engaged or is reasonably believed to be engaged in subversive activities, and his retention in service is prejudicial to national security, or is guilty of disclosure of official secrets to any unauthorized person.
- Penalties. – (1) The competent authority may, notwithstanding anything contained in any law or the terms and conditions of service of the accused, by an order in writing, impose one or more of the following penalties, namely:-
(a) Minor penalties–
(i) censure;
(ii) withholding of increment or increments, for a specific period, subject to a maximum of five years;
(iii) fine not exceeding basic pay of one month;
(iv) reduction to a lower stage or stages in pay scale, subject to a maximum of five stages; and
(v) withholding of promotion for a specific period, subject to a maximum of five years; provided that this period shall be counted from the date when a person junior to the accused is considered for promotion and is promoted on regular basis for the first time;
(b) Major penalties–
(i) recovery from pay, pension or any other amount payable to the accused, the whole or a part of any pecuniary loss caused to the Government or the organization in which he was employed, and if the amount due from any such person cannot be wholly recovered from the pay, pension
or any other amount payable to him, such amount shall be recovered under the law for the time being in force;
(ii) reduction to a lower post and pay scale from the substantive or regular post for a specific period subject to a maximum of five years;
(iii) forfeiture of past service for a specific period subject to a maximum of five years;
(iv) compulsory retirement;
(v) removal from service; and
(vi) dismissal from service; and
(c) Penalties after retirement –
(i) withholding of pension or any part thereof;
(ii) withdrawing of pension or any part thereof; and
(iii) recovery from pension or any other amount payable to the accused, of pecuniary loss caused to Government or the organization in which he was employed, and if the amount due from any such person cannot be wholly recovered from the pension or any other amount payable to him, such amount shall be recovered under the law for the time being in force.
2)Dismissal from service under this Act shall disqualify the employee for future employment under the Government or under any organization to which the provisions of this Act apply.
(3) Any penalty under this Act shall not absolve an employee or accused from liability to any punishment to which he may be liable for an offence, under any law, committed by him while in service.
Suspension. – An employee against whom action is proposed to be initiated under section 5 may be placed under suspension for a period of ninety days, if in the opinion of the competent authority, suspension is necessary or expedient, and if the period of suspension is not extended for a further period of ninety days within thirty days of the expiry of initial period of suspension, the employee shall be deemed to be reinstated:
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Provided that the continuation of the period of suspension shall require the prior approval of the competent authority for each period of extension.
Action in case of conviction or plea bargain under any law. –
Where an employee is convicted by a court of law or has entered into plea bargain or has been
acquitted by a court of law as a result of compounding of an offence involving moral turpitude or affecting human body under any law for the time being in force, thecompetent authority, after examining facts of the case, shall –
(a) dismiss the employee, where he has been convicted of charges of corruption or has entered into plea bargain and has returned the assets or gains acquired through corruption or corrupt practices voluntarily; or
(b) proceed against the employee under section 7, where he has been convicted of charges other than corruption; or
(c) proceed against the employee under section 9, where he has been acquitted by a court of law as a result of compounding of an offence involving moral turpitude or affecting human body.
Duties of the departmental representative. –
The departmental representative shall perform the following duties, namely –
(a) render full assistance to the inquiry officer or the inquiry committee or hearing officer or the authority concerned, as the case may be, during the proceedings where he shall be personally present and fully prepared with all the relevant record relating to the case, on each date of hearing;
(b) cross-examine the witnesses produced by the accused and with permission of the inquiry officer or inquiry committee, as the case may be, the prosecution witnesses in case of their turning hostile;
and
- c) rebut the grounds of defense offered by the accused before the hearing officer or the authority concerned.
After affording personal hearing to the accused or on receipt of the report of the hearing officer, the competent authority shall, keeping in view the findings and recommendations of the inquiry officer or inquiry committee, as the case may be, facts of the case and defence offered by the accused during personal hearing, by an order in writing –
(i) exonerate the accused; or
(ii) impose any one or more of the penalties specified in section 4:
Provided that –
(i) Where charge or charges of grave corruption are proved against an accused, the penalty of dismissal
from service shall be imposed, in addition to the penalty of recovery, if any; and
(ii) Where charge of absence from duty for a period of more than one year is proved against the accused, the penalty of compulsory retirement or removal or dismissal from service shall be imposed upon the accused.
Departmental appeal and review. –
(1) An accused who has been awarded any penalty under this Act may, except where the penalty has been imposed by the Chief Minister, within thirty days from the date of communication of the
order, prefer departmental appeal directly to the appellate authority:
Provided that where the order has been passed by the Chief Minister, the accused may, within the aforesaid period, submit a review petition directly to the Chief Minister.
(2) The authority empowered under sub-section (1) shall call for the record of the case and comments on the points raised in the appeal from the concerned department or office, and on consideration of the appeal or the review petition, as the case may be, by an order in writing –
(a) uphold the order of penalty and reject the appeal or review petition; or
(b) set aside the orders and exonerate the accused; or
(c) modify the orders and reduce or enhance the penalty; or
(d) set aside the order of penalty and remand the case to the competent authority, where it is satisfied that the proceedings by the competent authority or the inquiry officer or inquiry committee, as the case may be, have not been conducted in accordance with the provisions of
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this Act, or the facts and merits of the case have been ignored, with the directions to either hold a de novo inquiry or to rectify the procedural lapses or irregularities in the proceedings:
Provided that where the appellate or review authority proposes to enhance the penalty, it shall by an order in writing –
(i) inform the accused of the action proposed to be taken against him and the grounds of such action; and
(ii) give him a reasonable opportunity to show cause against the action and afford him an opportunity of personal hearing either itself or through a hearing officer;
Provided that the hearing officer shall only be appointed where the appellate or the review authority is of the rank of Secretary to Government of the Punjab or above.
Revision. –
(1) The Chief Minister, Chief Secretary or the Administrative Secretary or any other appellate authority may call for the record of any proceedings within one year of the order of exoneration or imposition of a penalty, passed by the competent authority or the order of appellate authority, as the case may be, for the
purpose of satisfying himself as to the correctness, legality or propriety of such proceedings or order.
(2) On examining the record of the case, such authority may –
(i) uphold the orders of the competent authority or the appellate authority, as the case may be; or
(ii) order the competent authority to hold de novo inquiry; or
(iii) impose or enhance a penalty or penalties:
Provided that no order, prejudicial to the accused, shall be passed under this section unless the accused has been given a reasonable opportunity of showing cause against the proposed action and an opportunity of personal hearing.
- Appearance of counsel. – The accused, at no stage of the proceedings under this Act, except proceedings under section 19, shall be represented by an advocate.
Repeal. – (1) The Punjab Removal from Service (Special Powers) Ordinance, 2000 (Ord. IV of 2000), is hereby repealed.
(2) Notwithstanding the repeal of the Punjab Removal from Service (Special Powers) Ordinance, 2000 (Ord. IV of 2000), all proceedings pending immediately before the commencement of this Act against any employee under the said repealed Ordinance or under the Punjab Civil Servants Act, 1974 (Pb. Act, VIII
of 1974), and rules made thereunder, or any other law or rules shall continue under that law and rules, in the manner provided thereunder.
THE PUNJAB REMOVAL FROM SERVICE (SPECIAL POWERS) ORDINANCE, 2000
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AN ORDINANCE to provide for dismissal, removal, compulsory retirement from service, reduction to a lower post or pay scale and other penalties in respect of corrupt and inefficient persons in Government service and persons in Corporation service:
Short title, extent, commencement and application:
1) This Ordinance may be called the Punjab Removal from Service (Special Powers) Ordinance, 2000.
(2) It extends to the whole of Punjab.
(3) It shall come into force at once and the provisions of sub clause (iv) of clause (C) of sub-section (1) of Section 3 and sub-section (5) shall be deemed to have taken effect from the 18th of September, 2000.
(4) It shall apply to persons in Government service and Corporation service.
Removal from Service:
(1) Where in the opinion of the competent authority, a person in Government or Corporation service is:
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- a) inefficient or has ceased to be efficient for any reason; or is guilty of being habitually absent from duty without prior approval of leave; or
- b) guilty of misconduct; or
- c) corrupt, or may reasonably be considered as corrupt, because:
- i) he, or any of his dependents or any other person, through him or on his behalf, is in possession of pecuniary sources or property, for which he cannot reasonably account for and which are disproportionate to his known sources of income; or
- ii) he has assumed a style of living beyond his known sources of income; or
iii) he has a reputation of being corrupt; or
- iv) he has entered into plea-bargaining under any law for the time being in force and has returned the assets or gains acquired through corruption or corrupt practices voluntarily; or
- d) engaged or is reasonably believed to be engaged in subversive activities, and his retention in service is prejudicial to national security or he is guilty of disclosure of official secrets to any unauthorized person, or
- e) found to have been appointed or promoted on extraneous grounds in violation of law.
∗“the competent authority, after inquiry by the inquiry officer or committee constituted under section 5 may, notwithstanding anything contained in any law or the terms and conditions of service of such person by order in writing, impose one or more of the following penalties:
- i) censure;
- ii) withholding, for a specific period, promotion or increment, otherwise than for unfitness for
promotion, or financial advancement in accordance with the rules or orders pertaining to the service or post;
iii) reduction to a lower post or pay scale or to a lower stage in a pay scale;
- iv) recovery from pay, pension or any other amount payable to him, the whole or a part of any pecuniary loss caused to the Government or the organization in which he was employed;
- v) compulsory retirement;
- vi) removal from service; and
vii) dismissal from service.”
The dismissal from service under this Ordinance shall disqualify the person for future employment under the Government or under any organization to which the provision of this Ordinance apply and;
(4) _“Any penalty under this Ordinance shall not absolve such person from liability to any punishment to which he may be liable for an offence, under any law, committed by him while in service.
(5) In case the amount due from any such person, cannot be wholly recovered from the pay, pension or any other amount payable to such person, the amount due shall also be recovered from such person under the law for the time being in force.”
Representation and review:
(1) The person who has been awarded any penalty under this Ordinance, may, within fifteen days from the date of communication of the order prefer a representation to #the Governor or such officer
or authority as the •Chief Minister may designate:
Provided that where the order has been made by the _Chief Minister such person may, within the aforesaid period, submit a review petition to the same authority which had passed the original order.
Appeal: Notwithstanding anything contained in any other law for the time being in force, any person aggrieved by any final order under Section 9 may, within thirty days from the date of communication of the order, prefer an appeal to the Punjab Service Tribunal established under the Punjab Service Tribunals Act, 1974 (IX of 1974):
Provided that if a decision on a representation or review petition under section 9 is not received within a period of sixty days, the affected person may file an appeal under this section within a period of thirty days of the expiry of the aforesaid period.
Pensionary benefits etc: Notwithstanding anything contained in this Ordinance the payment of pension or other benefits to a person retired or reduced to a lower post or pay scale under this Ordinance shall, if admissible, be regulated in accordance with the law for the time being in force relating thereto.
THE PUNJAB CIVIL SERVANTS
(EFFICIENCY AND DISCIPLINE) RULES, 1999
No. SORI(S&GAD)1-61/98 Dated Lahore, the 21st June, 1999
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Short title, commencement and application — (1) These Rules may be called The Punjab Civil Servants (Efficiency and Discipline) Rules, 1999.
(2) They shall come into force at once and apply to all civil servants except members of such services and holders of such posts, as may be specified by Government.
Grounds for penalty – A civil servant, who, – (a) is inefficient or has ceased to be efficient; or
(b) is guilty of misconduct; or
(c) is corrupt, or may reasonably be considered corrupt because :
(i) he is, or any of his dependents or any other person through him or on his behalf, is in possession of
pecuniary resources or of property disproportionate to his known sources of income, which he cannot reasonably account for; or
(ii) he has assumed a style of living beyond his ostensible means; or
(iii) he has a persistent reputation of being corrupt; or
(d) is engaged, or is reasonably suspected of being engaged in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any
un-authorized person, and his retention in service is, prejudicial to national security; shall be liable to be proceeded against under these rules and one or more of the penalties hereinafter mentioned may be imposed on him.
. Penalties — (1) The following are the penalties namely –
(a) Minor Penalties:
(i) censure;
(ii) withholding, for a specific period, promotion or increment, otherwise than for unfitness for
promotion or financial advancement in accordance with the rules or orders pertaining to the service or post;
(b) Major Penalties:
(i) reduction to a lower post or pay-scale or to a lower stage in a pay-scale;
(ii) recovery of the whole or any part of any pecuniary loss caused to Government by
negligence or breach of orders;
(iii) compulsory retirement;
(iv) removal from service; and
(v) dismissal from service.
(2) Removal from service does not, but dismissal from service does, disqualify for future employment.
In this rule, removal or dismissal from service does not include the discharge of a civil servant –
(a) Appointed on probation, during the period of probation, or in accordance with the probation or training rules
applicable to him; or
(b) appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of
appointment; or
(c) engaged under a contract, in accordance with the terms of the contract.
Certain rules not to apply in certain cases – (1) Where a civil servant is convicted of an offence involving moral turpitude which has led to a sentence of fine or imprisonment, he may, after being given a show cause notice, be dismissed, removed from service or reduced in rank without following the procedure laid down in rules 5, 6, 7 & 10.
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Power to order Medical Examination as to mental or bodily infirmity – (1) Where it is proposed to proceed against a civil servant on the ground of inefficiency by reasons of infirmity of mind or body, the authority may, at any stage, whether or not an authority has been directed to proceed
against him, require the civil servant to undergo a medical examination by a Medical Board or a Medical Superintendent as the authority may direct, and the report of the Board or the Medical Superintendent shall form part of the proceedings.
Appeal against Penalty – Any civil servant on whom a penalty has been imposed under these rules, except where the penalty has been imposed by the government, may within 30 days from the date of the communication
of the order, appeal to such authority as may be prescribed:
Provided that if the appellate authority is satisfied that there is sufficient ground for extending the time it may entertain the appeal at any time.
Determination of appeal – (1) The appellate authority shall cause notice to be given to the appellant and the authority or the inquiry officer imposing penalty, of the time and place at which such appeal will be heard.
The appellate authority shall send for the record of the case, if such record is not already with it. After perusing such record and hearing the appellant, if he appears, and the representative of the punishing authority, if he appears, the appellate authority may, if it considers that there is no sufficient ground for interfering, dismiss the appeal or may–
(a) reverse the finding and acquit the accused; or
(b) order and direct that further or fresh inquiry be made; or
(c) alter the finding maintaining the penalty or with or without altering the finding, reduce the penalty; or
(d) subject to the provisions of sub-rule (2), enhance the penalty.
Where the appellate authority proposes to enhance the penalty, it shall–
(i) by order, in writing, inform the accused of the action proposed to be taken and the grounds of
the action; and
(ii) give him a reasonable opportunity to show cause against that action.
Review and not appeal in certain cases – (1) Where the original order has been passed by the government, no appeal shall lie, and instead, a review petition shall lie to the government and the government may, in its
discretion, exercise any of the powers conferred on the appellate authority
No second appeal except in certain cases – (1) No appeal shall lie against any order made by the appellate authority except in case the appellate authority enhances the penalty
EFFICIENCY AND DISCIPLINE RULES, 1975
No. SORI(S&GAD)1-65/73 12th March 1975
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Short title, commencement and application – (1) These Rules may be called the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975.
(2) They shall come into force at once and apply to all civil servants except members of *such services and holders of such posts, as may be specified by Government.
- Definitions– (1) In these rules, unless the context otherwise requires –
(a) “accused” means a civil servant against whom action is taken
under these rules;
(b) “authority” means the Government or an officer or **authority designated by it to exercise the powers of the authority under these rules;
#(c) “authorized officer” means an officer authorized or designated by Government to perform the functions of an authorized officer under these Rules:
Provided that where in the case of a civil servant no authorized officer has been so authorized or designated, the authority shall have power to appoint an officer to act as authorized officer in that case:
Provided further that in relation to a civil servant, the authority may be authorized to act as authorized officer:
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“misconduct” means conduct prejudicial to good order or service discipline or contrary to the West Pakistan Punjab Government Servants (Conduct) Rules, 1966 as applicable to the Province of the Punjab or conduct unbecoming of an officer and a gentleman and includes any act on the part of a civil servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Governor, the Chief Minister, a Minister, or any Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant; and
(e) “Penalty” means a penalty which may be imposed under these rules.
Grounds for penalty – A civil servant, who, –
(a) is inefficient or has ceased to be efficient; or
(b) is guilty of misconduct; or
(c) is corrupt, or may reasonably be considered corrupt because :
(i) he is, or any of his dependents or any other person through him or on his behalf, is in possession of pecuniary resources or of property disproportionate to his known sources of income, which he cannot reasonably account for; or
(ii) he has assumed a style of living beyond his ostensible means; or
*(iii) he has a persistent reputation of being corrupt; or
(d) is engaged, or is reasonably suspected of being engaged in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person, and his retention in service is, prejudicial to national security;
Penalties– (1) The following are the minor and major penalties, namely –
(a) Minor Penalties:
(i) censure;
(ii) withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement in accordance with the rules or orders pertaining to the service or post;
(iii) stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar.
(b) Major Penalties:
(i) reduction to a lower grade or post or time-scale or to a lower stage in a time-scale;
recovery of the whole or any part of any pecuniary loss caused to Government by negligence or breach of orders;
(ii) compulsory retirement;
(iii) removal from service; and
(iv) dismissal from service.
(2) Removal from service does not, but dismissal from service does, disqualify for future employment.
(3) In this rule, removal or dismissal from service does not include the discharge of a civil servant –
(a) Appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him; or
(b) appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of appointment; or
(c) engaged under a contract, in accordance with the terms of the contract.
7-B. Appearance of Counsel – No party to any proceeding under these rules before the authority, the authorized officer, an inquiry officer, an inquiry committee or appellate authority shall be represented by a lawyer.
Certain rules not to apply in certain cases – (1) Where a civil servant is convicted of an offence involving moral turpitude which has led to a sentence of fine or imprisonment, he may, after being given a
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show cause notice be dismissed, removed from service or reduced in rank without following the procedure laid down in rules 5, 6, 7 and 8.
Powers of Inquiry Officer and Inquiry Committee – (1) For the purpose of an inquiry under these rules, the Inquiry Officer and the Inquiry Committee shall have the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses or documents
Appeal against Penalty – Any civil servant on whom a penalty has been imposed under these rules, except where the penalty has been imposed by the Government, may within 30 days from the date of the communication of the order, appeal to such authority as may be prescribed:
Provided if the appellate authority is satisfied that there is sufficient ground for extending the time it may entertain the appeal at any time.
Review and not appeal in certain cases– Where the original order has been passed by the Government, no appeal shall lie, and instead, a review petition shall lie to the Government and the Government may, in its discretion, exercise any of the powers conferred on the appellate authority:
Provided that it shall not be necessary for the Government to afford the accused an opportunity to be heard in person except where the Government proposes to increase the penalty, in which case he shall, by order in writing, inform the accused of the action proposed to be taken and the grounds of the action and give him a reasonable opportunity to show cause against that action.
- No second appeal except in certain cases – (1) No appeal shall lie against any order made by the appellate authority except in case the appellate authority enhances the penalty.
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