Model Standing Orders

7/30/2019 Model Standing Orders

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31sciplinary Proceedings and Managements as per CCSR

Ckrdral Civil Services Rules) and KCSR (Karnataka Civil Services Rules)

AraiCivil Service Rules

MW essence of Government service is the sense of discipline

to which all Government avc., ees are subject and the privilege

to which type, in general, are entitled. They relate irr employees

code of conduct and discipline. They are consulted in Government

offices ir=r -action with discipline cases.

I,- : e 311 of the constitution enumerates two fundamental

principles upon which zacnca.Ay the whole procedural lawconcerning departmental punishments on civil servants am The

first clause of that article contains the guarantee that no civil

servant shall be messed or removed by an authority subordinate

to that by which he was appointed. The

second clause guarantees to him a reasonable opportunity of defence on the charges

against him, supplemented by a second opportunity of showing cause why, if after enquiry it

is proposed to dismiss or to remove or to reduce him in rank, such a punishment shoe :

not be imposed upon him. Provided that the second clause shall not apply.

a. Where a person is dismissed or removed or reduced in rank on

the ground of conduct

b. which has led to his conviction on a criminal charge, and or

c. Where the authority empowered to dismiss or remove a

person or to reduce him in rank'

d. is satisfied that for some reasons, to be recorded by that

authority, it is not reasonat ..

e. practicable to hold such inquiry, or

f.Where the President of India/Governor is satisfied that in the


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interest of the security

g. the State it is not expedient to hold such an inquiry.

h. The provisions of the above article are absolute and no rules

relating to public service:

i. can trespass the rights guaranteed by article.

j. Thus, only the appointing authority can impose the major

punishment of dismissal, remo. a

k. or reduction in rank. The power of punishment in such cases can

neverbe delegatedtoa-

l. subordinate authority.

m. Enquiry officercan be a suitable officer subordinate to the

appointing authority. EnqL

n. officer shall conduct formal enquiry after service or regular

charges upon charged offic a

o. The enquiry must compulsorily be open and in which the charged

official takes full part. T-.;-- enquiry report shall contain findings of

the charges, but there should be no recommendation: about the

punishment. The enquiry officer may make recommendation in the

covering letter-

p. In case the appointing authority considers, upon a perusal of

the report, that some

q. punishment lighter than "major punishment" (dismissal, removal

or reduction in rank) will be appropriate, then he will pass orders

straight awaywithout any further formalities. On V-e contrary, if

he decides to impose'major punishment', he shall draw up a

provisional order 1 punishment and serve it upon the delinquent,

along with a copy of the enquiry report, requiring him to show


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cause why the provisional order should not be made final. Any

representation submitted by the delinquent shall be fully

considered by the appointing authority with an open mind,

thereafter he will finally determine the order to be passed. The

order need cny

r. contain a list of the representation and the final decision,

indicating the reasons.

s. If any charge levelled against the delinquent is amended or any

important evidence not

t. mentioned in the charge-sheet is to be admitted at any stage,the full procedure shall ha.,e

u. to be gone into afresh. Unless this is done, the proceedings

would be vitiated.

v. In case the original appointing authority has ceased to exist the

above punishments may

w. be imposed by an authority whose rank is higher than that of the

extinct authority or by co,*

x. of the parallel rank.

Causes of Disciplinary Proceedings A.

Acts

1. Acts amounting to crimes

a. Embezzlement

b. Falsification of accounts not amounting to misappropriation

of money

c. Fraudulent claims (e.g. T.A.)

d. Forgery of documents


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e. Theft of government property

f.Defrauding government

9. Bribery

h. Corruption

Possession of disproportionate assets

Offences against other laws applicable to government servants.

2. Acts amounting to misdemeanour

a. Disobedience of orders

b. Insubordination

c. Misbehaviour1. With superior officers

2. With colleagues

3. With subordinates

4. With members of public

3. Acts amounting to misconduct

1.Violation of conduct rules

2.Violation of standing orders

1. Intrigues and conspiracy

2. Insolvency

3.Other forms of misconduct. E Ommission

1. Habitual late attendance

2. Absence without leave

3. Negligence and carelessness:

a. In work

b. In conduct

4. Irresponsibility


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5. Residuary

Stages of Disciplinary Proceedings Major Punishment

Preliminary enquiry

(Dismissal, removal or reduction in rank) Fact finding enquiry conductedinformally for ascertaining the nature and extent of the delinquent's fault. (Should be

made when prima facie good and sufficient reasons exist). Taken by appointing authority

after considering the preliminary enquiry report.

When appointing authority decides to launch departmental

enquiry, it has to be decided whether the delinquent should be

suspended. Allegations against the delinquent have to be cast in

the form of definite charges which shall be clear and precise. Thecharge-sheet may be served personally or through registered post

(requiring reply within a fortnight).

Decision to start formal departmental enquiry

Suspension

5. Appointment of Enquiry Officer Simultaneously with the

framing of charges the disciplinary

authority will nominate an officer to conduct the

enquiry. The name of this officer will be stated in

the charge-sheet

6. Written statement of defence This will be submitted by

the charged official to the enquiry officer

in accordance with the directions contained in the

charge-,,beet. Before submitting his explanation the

charged official can ask for inspection of relevant

records as well as for supply of copies of any

important documents not supplied with the charge-

sheet.

7. Recording of evidence by Enquiry Officer After receipt of

explanation, the enquiry officer will


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begin his regular oral enquiry by recording the

evidence of witnesses. The charged official will have

the right to cross- examine the witnesses brought in

by Me Department and to examine his own witnes-

ses in defence.8. Personal hearing of charged official The charged official has

also a right to ma- oral submissions.

9. Report of Enquiry Officer This wi l l include the text of

charges, tr,e discussion of evidence and

the findings on each charge. No recommendation

abcr punishment should be made in it. The

reportdisc:-.will be submitted in duplicate to the disc~

linary authority, with a covering letter in wh~:, the

enquiry officer can give his opinion abc,-r

punishment. It is desirable for such an opimor to be

given invariably for the assistance of disciplinary

officer.

10 . Show-cause notice by disciplinary

If after consideration the disciplinary authorsy

c i d e s t o a w a r d m a j o r p u n i s h m e n t , h e v v i , issue a notice to charged

official to sh.-,#A cause why that particular punishment shwa not be

imposed (allowing time of a fortnight

tc a month).

11 . Reply to show-cause notice and

decision Upon objective

consideration of reply'

thereon disciplinary authority will reduce hiscor~t_- sion to a succinct, reasoned

out order, v. will be

communicated to charged o

under the signatures of disciplinary


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aut himself. Order to be effective

from date service.

12. Review of punishment order

In certain cases and subject to certain conditions the penalised official canrequest the disciplinary authority to reconsider his order. An appeal lies against the major

punishment to next higher authority.

i. If a suspended official is exonerated of the charges by the

disciplinary authority, he is reinstated as a matter of course.

He is also restored to his original position as far as may be

practicable.

ii. If a dismissed or removed official is reinstated by the appeallate

or revising authority, he is allowed to regain his original position

if his acquittal is honourable. In other cases restitution is given to

the extent directed by the appeallate or revising authority.

iii. Similar action (para 1 and ii above) will be taken if orders are

passed by a Court of Law.

If upon reinstatement the disciplinary authority proposes towithhold any portion of the emoluments of the reinstated official for the period of

suspension, then he must first officially issue a show-cause notice to him before taking a

final decision.

13. Appeal or revision

14. Reinstatement and restitution

15. Show-cause notice against withholding of emoluments for sus-

pension period in the case of a reinstatedMinor Punishments (Other than dismissal, removal or reduction in

rank)

For minor punishments, no formal charge-sheet need be issued nor

a regular enquiry officer need be appointed. Action can be taken after calling for


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the delinquent's explanation and then straight away imposing upon him any of the minor

punishments after due consideration ofexplanation and then recording a speaking order.

Censure or stoppage at efficiency barThese penalties may be imposed

whenever the 2,inishing authority is satisfied that good and sufficient reasons exist for

adopting such a - purse. In such a case it is not necessary to frame formal charges or to call

for the officer's --:xplanation (Rule 55-8(a) of CCA Rules).

With-holding of increment due to incertified integrityThe position stated above also applies

^,ere an officer's increment in the time-scale of his pay at any stage, other than an efficience

is stopped due to his integrity remaining uncertified (Rule 55-B (b)

of CCA rules).

Stoppage of an official at the efficiency bar on the ground of

his unfitness to cross the tar is not regarded as a punishment.:sciplinary Proceedings as Per CCSR

The appointing authority may place a government servant under

suspension as per CCSR, part IV Rule 10 such as any criminal offence, forgery

documents, misappropriation ofmoney, theft of government property, bribery, corruption etc.

2.As per appendix II A (i) Misdemeanour/misconduct such as

disobedience of or

misbehaviour with superior officers, with colleagues, with public,

violation of cor rules, violation of standing orders, etc. of

government servants may place u suspension.

2. As per Part V, Rule 11 (4) Action for furnishing false information at

the time of appointr

3. As per Part V Rule 11 (7) Action for unauthorised absence from

duty.

4. As per Part V Rule 11 (10) Action to be taken for late coming

deducting half-a-day c~ leave.

Whereas KCSR (Karnataka Civil Service Rules) more or less

similar like CCSR e;


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code and rule numbers.

Documents

Model Standing Orders