In
exercise of the powers conferred by the proviso to article 309 of the
Constitution of India, the Governor of Haryana hereby makes the following rules
regulating the terms and conditions of service of Government employees of the
State of Haryana, namely:- (1)
These rules may be called the Haryana
Civil Services (Punishment and Appeal) Rules, 2016. (2)
These rules shall be deemed to have come
into force from 19th July, 2016.s (1)
These rules shall apply to every
Government employee, but shall not apply to-- (a)
any member of the All India Services; (b)
any person in casual employment; (c)
any person subject to discharge from
service on less than one month's notice; (d)
any person for whom special provision is
made in respect of matters covered by these rules or by or under any law for
the time being in force or by or under any agreement entered into by or with
the previous approval of the Governor before or after the commencement of these
rules, in regard to matters covered by special provisions; (e)
any employee appointed on deputation from
Central Government or any other State Government. (2)
Notwithstanding anything contained in
sub-rule (1), these rules shall apply to every Government employee temporarily
transferred to a service or post coming within clause (d) of sub-rule (1) to
whom, but for such transfer, these rules shall apply; Note
1.-- The Speaker of the Legislative Assembly has agreed under clause (3)
article 187 of the Constitution that until a law is made by the Legislature of
the State under clause (2) of article 187 of the Constitution or rules are
framed by the Governor in consultation with the Speaker of the Legislative
Assembly under clause (3) of article 187 of the Constitution of India, these
rules and amendments thereof, if any, after prior consent of the Speaker, shall
apply to the secretarial staff of the Haryana Legislative Assembly. Note
2.-- The Chairman, Haryana Public Service Commission, has agreed to the
application of these rules as amended from time to time, in the case of
officers and employees of the Haryana Public Service Commission. Note
3.-- If any doubt arises as to whether these rules apply to any person or not,
the decision shall lie with the General Administration. (1)
In these rules, unless the context
otherwise requires,- (a)
"appointing authority" means,- (i)
the authority empowered to make
appointments to the service of which the Government employee is for the time
being a member; or (ii)
the authority empowered to make
appointments to the post which the Government employee for the time being
holds; or (iii)
the authority which appointed the
Government employee to such service, pay structure or post, as the case may be;
or (iv)
where the Government employee having been
a permanent member of any other service or having held any other post, has been
in continuous employment of the Government, the authority which appointed him
to that service or to that post whichever authority is the highest authority; (b)
"Commission" means the Haryana
Public Service Commission; (c)
"Government" means the
Government of the State of Haryana in the administrative department; (d)
"Government employee" means any
person appointed to any Civil Service or post in connection with the affairs of
the State of Haryana. Explanation.--
A Government employee whose services are placed at the disposal of a company,
corporation, organization or a local authority by the Government shall, for the
purpose of these rules be deemed to be a Government employee serving under the
Government notwithstanding that his salary is drawn from sources other than the
consolidated fund of the State; (e)
"Governor" means the Governor
of Haryana; (f)
"punishing authority" means the
authority competent under these rules or respective service rules to impose any
of the penalties specified in rule 4 on a Government employee; (g)
"services" means the civil
services under the administrative control of the Haryana Government classified
as under:- 1. the
State Civil Services, Group A; 2. the
State Civil Services, Group B; 3. the
State Civil Services, Group C; 4. the
State Civil Services, Group D. (h)
"dismissal" means removal from
service of a Government employee by way of punishment on account of any grave
misconduct on his part or serious criminal charge against him. The dismissal
shall be a disqualification for future employment under the Government. (i)
"removal" means removal of a
Government employee from service. It is one of the major punishments awarded
under these rules. However, the removed person is not debarred for future
employment under the Government. (j)
"censure" means expression of
severe displeasure. It is one of the minor penalties imposed under rule 4; (k)
"charged person" means a
Government employee against whom disciplinary proceedings under these rules
have been instituted; (l)
"compulsory retirement" means
retirement from service of a Government employee as a measure of punishment
under these rules, irrespective of age or length of service of such employee; (m)
"termination" means discharge
from service on whatsoever reason by the competent authority but not by way of removal
or dismissal from service; (2)
The words and expressions not defined in
these rules but defined in the Haryana Civil Services (General) Rules, 2016
shall have the same meaning respectively for the purpose of these rules. The
following penalties may, for good and sufficient reasons and as hereinafter
provided, be imposed on a Government employee, namely-- (a)
Minor Penalties:- (i)
warning with a copy in the personal file; (ii)
censure; (iii)
withholding of promotion for a specified
period upto one year; (iv)
recovery from pay of the whole or part of
any pecuniary loss caused by negligence or breach of orders, to the Central
Government or a State Government or to a Company and association or a body of
individuals whether incorporated or not, which is wholly or substantially owned
or controlled by the Government or to a local authority set up by an Act of
Parliament or of the legislature of a State; and (v)
withholding of increment(s) without
cumulative effect. (b)
Major Penalties:-- (i)
withholding of increment(s) with
cumulative effect; (ii)
withholding of promotion for a specified
period more than one year; (iii)
reduction to a lower stage in the pay
band or pay scale for a specified period, with the specific directions as to
whether normal increment shall be admissible or not during the currency of the
specified period of reduction, and further, whether on the expiry of the period
of reduction his pay is to be restored or not. (iv)
reduction to a lower pay structure, post
or service for a period of more than one year from which he has been promoted
which shall ordinarily be a bar to the promotion of the Government employee to
the pay structure, post or service from which he was reduced, with or without
further directions regarding conditions of restoration to the pay structure,
post or service from which the Government employee was reduced and his
seniority and pay on such restoration to that pay structure, post or service; (v)
compulsory retirement; (vi)
removal from service; (vii)
dismissal from service. Explanation.--
The following shall not amount to a penalty within the meaning of this rule,
namely:- (i)
withholding of increments of a Government
employee for his failure to pass any departmental 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) ???non-promotion
of a Government employee, whether in a substantive or officiating capacity,
after consideration of his case, to a service, pay structure or post for
promotion to which he is eligible; (iii) ??withdrawal
or non-grant of ACP Pay structure on foregoing promotion; (iv) ??reversion
of a Government employee officiating in higher pay structure, post or service
to a lower pay structure, post or service on the ground that he is considered
to be unsuitable for such higher pay structure, post or service on any
administrative grounds but not connected with his conduct; (v) ???reversion
of a Government employee, promoted or appointed to any service, post or pay
structure 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)? ?retirement on superannuation on attaining the
maximum age of retirement; (viii)
termination of the service-- (a)
of a Government employee appointed on
probation, during or at the end of the period of probation in accordance with
the terms of appointment or the rules and orders governing such probations; or (b)
of a temporary Government employee
appointed otherwise than under contract, on the expiration of the period of the
appointment, or on the abolition of the post or before the due time in
accordance with the terms of appointment; or (c)
of a Government employee employed under
an agreement in accordance with the terms of such agreement. Note
1.-- Punishing authorities shall publish in the Haryana Government Gazette
reasons for dismissal where such publication is considered desirable in the
public interest. Note
2.-- In order to guard against the inadvertent re-employment of person
dismissed, from the Government service, the authority passing an order of
dismissal shall intimate to the Head of Criminal Investigation Department in
the Police Department, Haryana, Deputy Commissioner and the Superintendent of
Police of the District of which the person concerned is a permanent resident,
the name of such a person and any other particulars required for purposes of
identification, unless the dismissal has been notified in the Haryana
Government Gazette. Similarly, if a person happens to be a resident of another
State, the aforesaid officers of that State shall be informed accordingly. Note
3.-- The provisions of this rule shall not be construed to derogate from the
provisions of section 36 of the Punjab Courts Act, 1918, the Payment of Wages
Act, 1936, or any other law authorizing the imposing of fines on the
ministerial establishment governed by these laws and the authority competent to
award the punishment of the fine may do so in addition to the punishment
aforesaid. Note
4.-- The discharge of a person appointed to hold a temporary appointment,
otherwise than in accordance with the provisions of Explanation (vii) (b) to
rule 4 amounts to removal or dismissal and is, therefore, appealable under
these rules. Note
5.-- The distinction between censure, the withholding of promotion and
non-selection to a selection post, is of considerable importance. Both censure
and the withholding of promotion are appealable under these rules. On the other
hand non-selection for a selection post is not appealable. If a
Government employee because of unsatisfactory record and unfavourable
confidential reports, is not selected for a selection post and some other
Government employee junior to him is selected in preference, this does not
amount to the withholding of promotion. If any inquiry is held against a
Government employee and an order of censure is passed on him, it is open to him
to appeal. If he does not appeal or his appeal is rejected, and if subsequently
because of the existence of this censure in his record, he is not selected for
a selection post, and some other Government employee junior to him is selected
in preference, this also does not amount to the withholding of promotion. If,
however, an enquiry is held against a Government employee, and an order is
passed that he shall not be promoted to a selection post for a definite period
or until he has obtained good reports, this order shall amount to the
infliction of the penalty of withholding promotion. This distinction between
non-selection for a selection post and the withholding of a promotion may be
summed up as being, that in the former case the Government employee in question
is considered for selection but some other Government employee is preferred on
his merits, while in the latter case the Government employee in question has
been declared before hand, as a disciplinary measure, to be ineligible for
selection, irrespective of the merits of the other Government employees
available. Note
6.-- (i) While reduction of seniority as an independent penalty is not provided
for in rule 4, and shall not be imposed as such. The loss of seniority as a
result of an order of reduction to a lower post or pay structure, being
inherent in the order of reduction shall not be avoided. (ii) ???The
seniority, on re-promotion of a Government employee reduced to a lower post or
pay structure, shall be determined by the date of such re-promotion in
accordance with the orders issued by the competent authority. Such Government
employee shall not be re-stored to his original position unless this is
specifically laid down at the time of order of punishment is passed, or revised
on appeal. Note
7.-- Unauthorized desertion of post by a public employee in the face of enemy
action, or threat of enemy action clearly amounts to grave misconduct and shall,
therefore, constitute a good and sufficient reason within the meaning of rule
4, for removal or dismissal in addition to any penalty provided in the Haryana
Essential Service (Maintenance) Act, 1974. Forfeiture of past service towards
pension shall then follow automatically by virtue of the provisions in Haryana
Civil Services (Pension) Rules, 2016 or forfeiture of Government contribution
in the account of Government employee who are covered under the New Defined
Contributory Pension Scheme, 2008. (1)
The appointing authority or any other
authority to which it is subordinate or the punishing authority or any other
authority empowered in that behalf by the Governor, by general or special
order, may place a Government employee under suspension where- (a)
a disciplinary proceeding against him is
contemplated or is pending, or (b)
a case against him in respect of any
criminal offence is under investigation, inquiry or trial: or (c)
in the opinion of the authority
aforesaid, he has engaged himself in activities prejudicial to the interest of
the security of the State; Provided
that where a Government employee against whom disciplinary proceedings are
contemplated is suspended, such suspension shall not be valid, where the
disciplinary proceedings are not initiated against him before the expiry of a
period of ninety days from the date from which the employee was suspended. Provided
further that the competent authority in the matter may, at any time before the
expiry of the said period of ninety days and after considering the special
circumstances for not initiating disciplinary proceedings, to be recorded in
writing and after seeking the approval of next higher authority allow
continuance of the suspension beyond ninety days but not beyond one hundred
eighty days without the disciplinary proceedings being initiated; Note
1.-- The order of suspension shall stand revoked, being invalid, unless the
punishing authority obtains the approval of next higher authority and informs
the Government employee under suspension the specific period of extension of
suspension before the expiry of period of ninety days or extended period of
another ninety days, as the case may be. Note
2.-- 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 employee shall be deemed to
have been placed under suspension by an order of the appointing authority-- (a)
with effect from the date of his
detention, if he is detained in 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 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 employee under
suspension is set aside on appeal or 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 employee is set
aside or declared or rendered void in consequence of or by a decision of a
Court of law, and the punishing 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 employee 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 an order purely on technical grounds
without going into the merits of the case. (5)
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 competent authority. (6)
Where a Government employee is suspended
or is deemed to have been suspended, whether in connection with any disciplinary
proceeding or otherwise, 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 employee shall continue to be under suspension until
the termination of all or any of such proceedings. (7)
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. (8)
When a Government employee is suspected
of being concerned in the embezzlement of Government money, and is placed under
suspension, the authority competent to order his dismissal may direct, that
unless he furnishes security for the reimbursement of the said money to the
satisfaction of his immediate superiors, the payment of any sum due to him by
the Government on the date of his suspension, shall be deferred until such time
as the said authority passes final orders on the charges framed against him. Provided
that Government employee shall be entitled to the payment of a subsistence
allowance in respect of the period for which the admissible emoluments, if any,
are withheld. Subject
to the provisions of clause (1) of article 311 of the Constitution of India,
the authorities competent to impose any of the penalties specified in rule 4
upon the persons to whom these rules apply, shall be such, as may be prescribed
by the Government in the rules regulating the appointment and conditions of
service of such persons. (A)
Inquiry before imposition of major
penalty-- (1)
No order of imposing a major penalty
shall be passed against a person to whom these rules are applicable unless he
has been given a reasonable opportunity of showing cause against the action
proposed to be taken in regard to him. (2)
Whenever the punishing authority is of
the opinion that there are grounds for inquiring into the truth of any
imputation of misconduct or misbehaviour against a Government employee, 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: Provided
that where there is a complaint of sexual harassment within the meaning of rule
6 of the Haryana Civil Services (Government Employees' Conduct) Rules, 2016,
the complaints committee established in each Department or Officer for
inquiring into such complaints shall be deemed to be the Inquiry Officer
appointed by the punishing authority for the purpose of these rules and the
complaints committee shall hold, if separate procedure has not been prescribed
for the complaints committee for holding the inquiry into the complaints of sexual
harassment, the inquiry as far as practicable in accordance with the procedure
laid down in these rules. (3)
Where it is proposed to hold an inquiry
against a Government employee under this rule, the punishing authority shall
draw up or cause to be drawn up-- (i)
the substance of imputation of misconduct
or misbehaviour into definite and distinct statement of charges; (ii)
a statement of imputation of misconduct
or misbehaviour in support of each statement of charge, which shall contain-- (a)
a statement of all relative facts
including any admission or confession made by the Government employee; (b)
a list of documents by which and a list
of witnesses by whom, the statement of charges are proposed to be sustained. (4)
The punishing authority shall deliver or
cause to be delivered to the Government employee, a copy of the statement of
charges, the statement of the imputations of misconduct or misbehaviour and a
list of document and witness by which each statement of charge is proposed to
be sustained and shall require the Government employee to submit, within such
time as may be specified (not more than 45 days), a written statement of his
defence and to state whether he desires to be heard in person. (5)
In case the competent authority is
satisfied with the written statement of defence given by the charged person, it
may drop the charge-sheet without resorting to the procedure of conducting
enquiry. Similarly, if the competent authority after considering the written
statement of defence of the charged person is of the opinion that awarding of
minor punishment shall meet the end of justice, then the authority competent
may award minor punishment without following the procedure of conducting the
enquiry. (6)
Subject to the provisions of sub-rule
(5), on receipt of the written statement of defence, the punishing authority
may-- (i)
itself inquire into such of the statement
of charges as are not admitted; or, (ii)
if it considers it necessary so to do,
appoint under sub-rule (2), an Inquiry Officer for the purpose; and (iii)
where all the statement of charges have
been admitted by the Government employee in his written statement of defence,
the punishing 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
7(C); (7)
If no written statement of defence is
submitted by the charged person within the specified period or extended period,
if any, allowed by the punishing authority after due consideration, the
punishing authority may itself inquire into the statement of charges or may, if
it considers it necessary to do so, appoint under sub-rule (2), Inquiry Officer
for the purpose. (8)
Where the punishing authority itself
inquires into any articles of charge(s) or appoints an Inquiry Officer for
holding an inquiry into such charge(s), it shall by an order appoint a
Government employee or a legal practitioner, to be known as the 'Presenting
Officer' to present on its behalf the case in support of the statement of
charges. (9)
The punishing authority shall, where it
is not itself the Inquiry Officer, forward to the Inquiry Officer-- (i)
a copy of the articles of charge's and
the statement of the imputation of misconduct or misbehaviour; (ii)
a copy of written statement of defence,
if any submitted by the charged person; (iii)
a copy of the statement of witnesses, if
any, referred to in sub-rule (3); (iv)
evidence proving the delivery of the
documents required to be delivered to the charged person under sub-rule (4); (v)
a copy of the order appointing the
Presenting Officer. (10)
The charged person shall appear in person
before the Inquiry Officer on such day and at such time within ten working days
from date of receipt by him of the statement of charges and the statement of
the imputations of misconduct or misbehaviour as the Inquiry Officer may, by a
notice in writing, specify in this behalf, or within such further time not
exceeding ten days, as the Inquiry Officer may allow. (11)
The Inquiry Officer appointed to conduct
enquiry shall serve maximum two notices to the charged person to appear before
him for presenting his case. In case the charged person does not appear after
the service of two notices, the Inquiry Officer shall be competent to proceed
ex-parte in the matter. However, after considering the circumstances to be
recorded, the Inquiry Officer may serve third notice also. (12)
If the charged person refuses or omits to
plead, the Inquiry Officer shall require the Presenting Officer to produce the
evidence by which he proposes to prove the statement of charges, and shall
adjourn the case to a later date not exceeding thirty days, after recording an
order that the charged person 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); (ii) submit a list of witnesses to be examined on his
behalf; (iii) apply orally or in writing for the supply of copies
of the statements, if any recorded, of witness mentioned in the list referred
to in sub-rule (3), in which case the inquiring authority shall furnish to him
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
punishing authority; and (iv) 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 is in the possession of
Government, but not mentioned in the list referred to in sub-rule (3) and the
Government employee shall also indicate the relevance of the document required
by him to be discovered or produced by the Government. (13)
The person against whom a charge is being
enquired into, shall be allowed to obtain the assistance of a Government
employee or a retired Government employee if he so desires, in order to produce
his defence before the Inquiry Officer. If the charge or charges are likely to
result in the dismissal of the person from the service of the Government, such
person may, with the sanction of the Inquiry Officer, be represented by
counsel: Provided
that if in any enquiry, counsel is engaged on behalf of any department of
Government, the person against whom the charge or charges are being enquired
into, shall also be entitled to engage counsel: Provided
further that the assistance of a particular Government employee shall be
allowed only if the Inquiry Officer is satisfied that he is of such rank as is
appropriate in the circumstances of the case and that he may be spared by the
department concerned for that purpose. (14)
If the charged person, who has not
admitted any of the statement of charges in his written statement of defence,
or has not submitted any written statement of the defence, appears before the
Inquiry Officer, such officer shall ask him whether he is guilty or has any
defence to make. If he pleads guilty to any of the articles of charge(s), the
Inquiry Officer shall record the plea, sign the record and obtain the signature
of the charged person thereon. (15)
The Inquiry Officer shall give to the
charged person a finding of guilt in respect of those statements of charges to
which the charged person pleads guilty. (16)
The persons charged shall, subject to the
conditions described in sub-rule (3) be entitled to cross examine the witness,
to give evidence in person and to have such witness called, as he may wish;
provided that the Officer conducting the enquiry may for reasons to be recorded
in writing, refuse to call any witness. The proceedings shall contain a
sufficient record of the evidence and statement of the findings and the grounds
thereof: Provided
that it shall not be necessary to frame any additional charge when it is
proposed to take action in respect of any statement of allegation made by
person charged in the course of his defence: Provided
further that the provisions of the foregoing sub-rule shall not apply where any
major penalty is proposed to be imposed upon a person on the ground of conduct
which has led to his conviction on a criminal charge; or where an authority
empowered to dismiss or remove him, or reduce him in rank is satisfied that,
for some reasons to be recorded by him in writing, it is not reasonably
practicable to give him an opportunity of showing cause against the action
proposed to be taken against him, or wherein the interest of the security of
the State it is considered not expedient to give to that person such an
opportunity. (17)
As per the provisions of the Punjab
Departmental Enquiries (Powers) Act, 1955 (Punjab Act 8 of 1955), the officer
conducting enquiry under these rules shall be competent to exercise the same powers
for summoning of witnesses and for compelling the production of documents as
are exercisable by a commission appointed for an enquiry under the Public
Servants (Inquiries) Act, 1850 (Act 37 of 1850); (18)
If any question arises whether it is
reasonably practicable to give to any person an opportunity to defend himself
under sub-rule (2), the decision thereon of the punishing authority shall be
final. (19)
Where any person has made a statement on
oath, in evidence before any criminal or civil Court, in any case, in which
charged person was party and had full opportunity to cross-examine such person
and where it is intended to prove the same facts as deposed to by such person
in such statement in any inquiry under the Public Servants (Inquiries) Acts,
1850, shall not be necessary to call such person to give oral evidence in
corroboration of that statement. The certified copy of the statement previously
made by him in any such case may be read as part of the evidence: Provided
that the Officer conducting the inquiry shall, in interest of justice order the
production of witness in person either for further examination or for further
cross-examination by persons charged. (20)
The charged person shall not be allowed,
except at discretion of the Inquiry Officer, to be exercised in the interest of
justice to call as a witness in his defence any person whose statement has
already been recorded and whom he has had opportunity to cross-examine, or
whose previous statement has been admitted in the manner herein provided. Note
1.-- Charges need not necessarily be framed in relation only to specific
incidents or acts of misconduct. When reports received against an officer or a
preliminary enquiry show that his general behaviour has been such as to be
unfitting to his position, or that he has failed to reach or maintain a
reasonable standard of efficiency he may be charged accordingly, and a finding
of such a charge may be valid ground for the infliction of any authorized
punishment, which may be considered suitable in the circumstances of the case.
It shall be necessary to communicate the charges of misbehaviour or of
inefficiency or of both as the case may be, to the officer/official concerned
but statement which is to be communicated to the officer/official in support of
the charges need not specify particular acts of misconduct. It shall be
sufficient in the statement to give the list of the report on the basis of
which misbehaviour or inefficiency is alleged. Note
2.-- Any person compulsorily retired from service in accordance with the
procedure prescribed by this rule shall be granted such compensation, pension
gratuity, or Provident Fund benefits as may have been admissible to him had he
been discharged from service due to the abolition of his post without any
alternative suitable employment being provided, under the rules applicable to
his service or post on the date of such retirement. (B) ??Submission
of Inquiry Report-- (1)
After the close of the enquiry, the
Inquiry Officer shall prepare his report which inter-alia indicate the following:- (a)
statement of charges and the allegations
framed against the Government employees; (b)
his explanation, if any; (c)
oral and documentary evidence produced in
support of the charges; (d)
oral and documentary evidence led in
defence; (e)
findings on the charges. (2)
The Inquiry Officer shall give clear
findings on each of the charges so that the Government employee shall know from
the findings on what ground he has been found guilty. Each finding shall be
supported by evidence and reasons thereof. The findings are in the nature of a
report to the competent authority to enable it to pass final orders. Such
findings are to assist but do not bind him. He himself alone has to come to a
final decision. Moreover, the Inquiry Officer shall not in any case recommend
or propose any penalty. (3)
The Inquiry Officer, where it is not
itself the punishing authority, shall forward to the punishing authority the
records of inquiry which shall include-- (a)
the report prepared by it under rule
7(B)(1); (b)
the written statement of defence, if any,
submitted by the charged person; (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 charged person or both during the course of the
inquiry; and (e)
the orders, if any, made by the punishing
authority and the Inquiry Officer in regard to the inquiry. (C) ??Action on
Inquiry Report-- (1)
After the enquiry against a charged
person has been completed, the punishing authority shall forward or cause to be
forwarded a copy of the enquiry report, and where the punishing authority does
not agree with the enquiry report or any part thereof, the reasons for such
disagreement shall be communicated along with the enquiry report, to the
charged person who may submit, if he so desires, a written representation to
the punishing authority within a period of one month from the date of such
communication. (2)
The punishing authority shall consider
the representation, if any, submitted by the charged person and record its
findings before proceeding further in the matter as specified in rule 4. Without
prejudice to the provisions of rule 7, no order for imposing a minor penalty
shall be passed on a Government employee unless he has been given an adequate
opportunity of making any representation, that he may desire to make, and such
representation has been taken into consideration: Provided
that this condition shall not apply in a case where an order-- (i) ???based on
facts has led to his conviction in a criminal court; or (ii)??
?has been passed superseding him
for promotion to a higher post on the grounds of his unfitness for that post on
account of the existence of unsatisfactory record: Provided
further that the requirements of this rule may, for sufficient reasons to be
recorded in writing, be waived where it is not practicable to observe them and
where they can be waived without injustice to the Government employee
concerned. Every
person to whom these rules apply, shall be entitled to appeal, as hereinafter
provided, to such superior authority as may be prescribed by Government in the
rules regulating his conditions of services against an order, not being an
order of Government-- (a)
imposing upon him any of the penalties
specified in rule 4; (b)
discharging him in accordance with the
term of his contract, if he has been engaged on a contract for a definite, or
for an indefinite periods and has rendered, under either form of contract,
continuous service for a period exceeding five years at the time when his
services are terminated; (c)
reducing or withholding the amount of
pension admissible under the rules governing pension; (d)
termination of service; (e)
an order which denies or varies to his
disadvantage his pay, allowances, pension or other conditions of service as
regulated by rules or by agreement. (f)
premature retirement from service in
public interest before attaining the age of superannuation. No
appeal preferred under this rule 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 within next forty five
days, if it satisfied that the appellant had sufficient cause for not
preferring the appeal in time. (1)
In the case of appeal against an order
under rule 9 or any penalty specified in rule 4, the appellate authority shall
consider whether the-- (a)
facts on which the order was based have
been established; (b)
facts established afford sufficient
ground for taking action; and (c)
penalty is excessive or adequate and
after such consideration, shall pass such order as it thinks proper: Provided
that no penalty shall be increased unless opportunity is given to the person
concerned to show cause why such penalty may not be increased. (2) An Authority,
against whose order an appeal is preferred, shall give effect to any order
passed by the appellate authority. In every
case in which an appellate authority, other than Government, increases the
penalty inflicted by an authority subordinate to it upon a person to whom these
rules apply, such person shall be entitled to submit a second appeal within
sixty days to the authority prescribed in the rules regulating his conditions
of service. After an
appeal or the second appeal provided in rule 12 has been rejected, a person to
whom these rules apply, may apply for revision to such superior authority as
may be prescribed in the rules regulating his condition of service: Provided
that the powers of revision shall be exercised only- (a)
if the appellate authority is one other
than Government; and (b)
on the ground of material irregularity in
the proceedings of the Inquiry Officer or appellate authority, or on the
discovery of new and important matter of evidence, which after the exercise of
diligence was not within the knowledge of the petitioner, or could not be
produced by him when the orders were passed against him or on account of some
mistake or error on the face of the record. Rule 14. Power of superior authority to revise the proceeding of an inferior authority.-- (1)
The Government or the Head of Department
may call for and examine the records of any case in which a subordinate
authority passed any order under rule 9 or has inflicted any of the penalties
specified in rule 4 or in which no order has been passed or penalty inflicted
and after making further investigation, if any, may confirm, remit, reduce to
any or subject to provisions of sub-rule (1) of rule 11, increase the penalty
or subject to provisions of rule 7 and 8 inflict any of the penalties specified
in Rule 4. (2)
The Government may, at the time of
consideration of Memorial, submitted under its general or special instructions
published from time to time, by the Government employee on whom a penalty is
imposed, review any order passed by the Government under these rules: Provided
that the penalty already imposed shall not be enhanced unless an opportunity
has been given to the Government employee who has submitted Memorial to show
cause why it may not be enhanced. Every
person preferring an appeal shall do so separately and in his own name. (1)
Where two or more Government employees
are concerned in any case, the Governor or any other authority competent to
impose the penalty of dismissal from service on all such Government employees
may make an order directing that disciplinary action against all of them may be
taken in a common proceedings. (2)
If the authorities competent to impose
the penalty of dismissal on such Government employees are different, an order
for taking disciplinary action in a common proceeding shall be made by the
highest of such authorities. (3)
Any order under sub-rule (1) shall
specify the authority competent to do so under the relevant service rules,
which may function as the punishing authority for the purpose of such common
proceedings. Every
appeal or application for revision preferred under these rules, shall contain
material statements and arguments relied upon by the appellant or applicant,
shall contain no disrespectful or improper language, and shall be complete in
itself. Every such appeal or application for revision shall be submitted
through the Head of the office to which the appellant or applicant belong or
belonged. (1)
An appeal or application for revision may
be withheld by the Head of the office, if-- (a) it is an appeal or application for revision in a case
in which under these rules, no appeal or application for revision lies; or (b) it does not comply with the provisions of rule 17; or (c) it is an appeal and is not preferred within the
prescribed period; or (d) it is a repetition of a previous appeal or
application for revision and is made to the same appellate or revisionary
authority by which such appeal or application for revision has been decided and
no new facts or circumstances are adduced which afford ground for a
reconsideration of the case: Provided
that in every case in which an appeal or application for revision is withheld,
the appellant or applicant shall be informed of the fact and the reasons for it
and a copy thereof forwarded to the appellate authority, if any together with a
copy of the appeal or application for revision so withheld: Provided
further that an appeal or application for revision withheld on account only of
failure to comply with the provisions of rule 17 may be resubmitted at any time
within one month of the date on which the appellant or applicant has been
informed of the withholding of the appeal or application and if resubmitted in
a form which complies with those provisions, shall not be withheld. (2)
Any appellant or revisional authority may
call for the record of any appeal or application for revision withheld by an
authority subordinate to it, which under these rules may be made to it and may
pass such order thereon as it considers fit. Nothing
in these rules shall be deemed to affect the functions of the Haryana Public
Service Commission as specified in article 320 of the Constitution India, and
as limited by the Haryana Public Service Commission (Limitation of Functions)
Regulations, 1973 or other regulations made in that behalf. (1)
The Haryana Civil Services (Punishment
and Appeal) Rules, 1987 are hereby repealed. Anything done or any action taken
under the rules so repealed shall be deemed to have been done or taken under
the corresponding provisions of these rules: Provided that-- (a)
such repeal shall not affect the
provisions of the said rules or any notification or order made or anything
done, or any action taken, there under; and (b)
any proceedings under the said rules,
pending at the commencement of these rules, shall be continued and disposed of,
as far 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 and the appeal was preferred under these rules. (4)
As from the commencement of these rules,
any appeal or application for revision against any orders 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 revision provided by any rule in force before the
commencement of these rules. (5)
All powers, rights and remedies provided
by these rules shall be, in addition to and not in derogation of the provisions
of such rules as may be made by the Governor of Haryana in exercise of the
powers conferred by proviso to article 309 of the Constitution of India, to
regulate the recruitment and conditions of service of persons appointed to
public services and posts in connection with the affairs of the State. The
power to interpret, amend and relax these rules shall vest in the General
Administration Department, whose decision thereon shall be final. Note.--
Communications regarding the interpretation and alteration of these rules shall
be addressed to the General Administration Department through the
Administrative Department concerned. HARYANA CIVIL SERVICES
(PUNISHMENT AND APPEAL) RULES, 2016
PREAMBLE