TOPICS COVEREDTOPICS COVERED

FormsAuthorities

Suspension

Penalties

Charge sheet

HoldingHolding inquiries

SpeaSpeaking Orders

Entire DAR

Spl.Privileges

Review

Revision

Appeals

Monograplh on D&AR

FORMs USED IN DAR DEALINGSFORMs USED IN DAR DEALINGSS/Forms

S.F. 1 SUSPENSIONS.F. 2 DEEMED SUSPENSIONS.F. 3 UNEMPLOYMENT CERTIFICATES.F. 4 REVOCATION

S.F. 5 MAJOR PENALTY CHARGESHEETS.F. 6 REFUSAL OF ADDL.DOCUMENTSS.F. 7 APPOINTMENT OF INQUIRY OFFICERS.F. 8. - DO - OF PRESENTING OFFICER

S/FormsS.F.10 C\SHEET IN COMMON PROCEEDINGS.F.10A APPT. OF I.O. IN -DO-S.F.10B APPT. OF P.O. IN -DO-

S.F.11 MINOR PENALTY CHARGESHEETS.F.11A INQUIRY IN MINOR PENALTY C\S.S.F.11B MINOR PENALTY AFTER ISSUE OF SF 5

SF 9 A-C CANCELLED DURING 1972 And 1975

Details Pl.

authoritiesauthoritiesdisciplinary authority

(for N G) One who can impose a penalty as per SOP that is only Minor or both if

can impose any major penalty.for Gazetted - One who can impose any

of the penalty under Rule 6 of DAR

appointing authorityThe Authority that appointed the employee

in the present grade in which workingand not the initial appointing authority

controlling authorityUnder whose control the employee

is working including heirachy

Details Pl.

SUSPENSION SUSPENSION WHAT IS SUSPENSION ?WHY DO WE SUSPEND AN EMPLOYEE ?

SUSPENSION may BE RESORTED TOONLY ON THE FOLLOWING GROUNDS :-

* WHEN DISCIPLINARY PROCEEDING IS CONTEMPLATED OR PENDING.

* INVOLVED IN ACTIVITIES THAT ARE PREJUDICIAL TO THE SECURITY OF THE STATE.* INVESTIGATION OR UNDER TRIAL FOR AN CRIMINAL OFFENCE.

ORDERS EFFECTIVE after ACKNOWLEDGEMENT

Cont.Cont.

DEEMED SUSPENSIONDEEMED SUSPENSION

WHAT IS DEEMED SUSPENSION ?IS IT DIFFERENT FROM SUSPENSION ?

DEEMED SUSPENSION RESORTED TO IF :

- IN CUSTODY FOR A PERIOD BEYOND 48 HRS.- CONVICTED/IMPRISIONED BEYOND 48 HRS.- REINSTATED on APPEAL, REVISION, REVIEW OR BY ORDERS OF CAT OR COURT

BOARDS LETTER NO; E(D&A)85RG 6-15 OF 16.4.85 AND E(D&A)86 6-19 OF 21.3.86 VERY CLEARLY SAYS THAT SUSPENSION SHOULD BE FOLLOWED BY A MAJOR PENALTY OTHERWISE THE ENTIRE PERIOD IS TO BE

TREATED AS DUTY FOR ALL PURPOSE.Cont..Cont..

ENTITLEMENTS DURING ENTITLEMENTS DURING SUSPENSIONSUSPENSION

SUB .ALLOWANCES

• SUBSISTENCE ALLOWANCE.• REVIEW (1ST AFTER 3 MTHS). • D.A. ON SUBSISTENCE ALLOWANCES.• PASSES - 1/2 Numbers FOR GAZ. and 1 TO N.G., IF NOT AVAILED.• P.L.B. - PAYABLE ON RESUMPTION.• MEDICAL FACILITIES INDOOR AS WELL AS OUTDOOR.• CAN ACT AS DEFENSE COUNSEL.• CAN BE ELECTED AS OFFICE BEARER OF A UNION.• CALL FOR SELECTIONS/ TR ADE TEST NON- SELECTIONS - RESULTS - SEALED COVER• CAN LEAVE HQRTS - WRITTEN PERMISSION • NO TYPE OF LEAVE TO BE GRANTED

Cont.Cont.

SUBSISTENCE ALLOWANCESUBSISTENCE ALLOWANCE SURVIVAL

EQUAL TO HLAPDEDUCTIONS

MINIMUMCOMPULSORY

OPTIONA L NON-DEDUCTABLE

IF SUBSISTENCE ALLOWANCE IS NOT PAID TO THE EMPLOYEE EX-PARTE DECISION CANNOT BE TAKEN- S.C.

OVERPAYMENTS - DISCRETIONARYREPORT TO DUTY ONLY AFTER ISSUING SPECIFIC

REVOCATION ORDERS - FORM NO:- 4

Details Pl.

PENALTIES - RULE 6PENALTIES - RULE 6TWO TYPES OF PUNISHMENTS - MINOR AND MAJOR

MINOR PUNISHMENTS(i) CENSURE(ii) PROMOTIONS(iii) RECOVERY(iii) a PASSES/PTOs(iii) b REDUCTION IN TIME SCALE(3 CLAUSES)(iv) INCREMENTS

MAJOR PUNISHMENTS - (311 C.O.I)(v) REDUCTION IN TIME SCALE(vi) REDUCTION TO LOWER TIME SCALE(vii) COMPULSORY RETIREMENT(viii) REMOVAL FROM SERVICE(ix) DISMISSAL FROM SERVICE

CPR - PRI - RR - CRD Details Pl.Details Pl.

constitutional provisionconstitutional provisionARTICLE 311ARTICLE 311

PRINCIPLES OF NATURAL JUSTICEPRINCIPLES OF NATURAL JUSTICE1. NO ONE SHOULD BE JUDGED IN HIS OWN CAUSE2. HEAR THE OTHER SIDE3. THE DECISION SHOULD BE IN GOOD FAITH

1. NO CIVIL SERVANT SHALL BE DISMISSED OR REMOVED BY AN AUTHORITY SUBORDINATE TO THAT BY WHICH

HE WAS APPOINTED.2. NO SUCH PERSON SHALL BE DISMISSED OR REMOVED OR REDUCED EXCEPT AFTER AN INQUIRY IN WHICH:

a) HE IS INFORMED OF THE CHARGES AGAINST HIM andb) GIVEN A REASONABLE OPPORTUNITY OF BEING HEARD

IN RESPECT OF THESE CHARGES.

Details pl.Details pl.

CHARGESHEETCHARGESHEETWHAT IS A CHARGESHEET ?

-A DOCUMENTSHOWING CHARGES ALLEGED

withVIOLATION OF AN ORDER OR RULES

WHEN THERE IS A PRIMA FACIE EVIDENCE

Charge Sheet Charge Sheet

…………………………....

…………………………..

…………………………..

…………………………..

…………………………..

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Cont..Cont..

WHEN DO YOU PROPOSE TO ISSUE A

CHARGESHEET ?

WHAT DO YOU GET FROM PRIMA FACIE EVIDENCE ?pr

ima

faci

eev

iden

ce

VIOLATION OF RULE / ORDER

GRAVITY OF OFFENCE

MAJOR OR MINOR PENALTY

SUSPENSION desired or NOT

INVOLVEMENT

Cont..Cont..

Before issuing a CHARGESHEET ensure you are in possession of

SSWW OO RR DDFFENDER ULES VIOLATEDOCUMENTS

RELIED UPONTATEMENTS OFALL WITNESS

SIBSIB

AIDAID

LORDLORD

LOWLOW

STATEMENT IN BRIEF

ALLEGATIONS IN DETAIL

LIST OF RELIED UPON DOCUMENTS

LIST OF WITNESS

DON’T FORGET TO DON’T FORGET TO SIGNSIGN EACH AND EVERY EACH AND EVERYPAGE ATTACHED TO THE CHARGESHEETPAGE ATTACHED TO THE CHARGESHEET

ITNESS

THE 4 ANNEXURES OF A CHARGESHEET ARETHE 4 ANNEXURES OF A CHARGESHEET ARE

See framing of charge sheet carefullySee framing of charge sheet carefully

Cont..Cont..