Disciplinary proceedings plays very important role to activate the administration. It is an exercise which enables the employer to go through for the purpose.

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Presentation transcript:

Disciplinary proceedings plays very important role to activate the administration. It is an exercise which enables the employer to go through for the purpose of establishing the truth on allegation of misconduct leveled against the employee. Thus it is quite essential that some sort of code of conduct is made operative in respect of the executive agencies to create an effective check and balance and to see that the power conferred are not mis-utilised either for personal gains or to give pecuniary benefits to others. So the State Govt. has formulated the “Odisha Civil Services (Classification, Control and Appeal) Rules, 1962” under the power vested under Article 309 of the Constitution of India to regulate the service conditions of all the State civil servants. The above Rule contains 34 rules in all. The important provisions of the rules are as follows:

Appointing authority is the authority empowered by law to appoint the concerned Govt. servants. The Disciplinary Authority is the authority who under these rules has the power to impose penalties on a Govt. servant.

RULE-6 ( Classification of Govt. Servants) State Govt. employees have been classified into four categories i.e. Group-A, B, C and D respectively basing on the scale of pay attached to the concerned post.

Rule-10 (Appointment to Post) : All appointment to Class-I Civil Services shall be made by the Governor. This means Govt. is their appointing authority and disciplinary authority.

Rule-12 (Suspension of Govt. Servant) This rule deals with suspension of a Govt. servant where a disciplinary proceeding is contemplated or is running against a Govt. servant or where a criminal investigation is going on against him. When a Govt. servant is detained in jail custody for more that 48 hours on criminal charges, he will deem to be under suspension.

Rule-13 (Penalties imposed on Govt. Servant) : This rule specifies the penalties that can be imposed on a Govt. servant on conclusion of the disciplinary proceedings. There are six minor and five major penalties as follows: Minor Penalties:- 1.) Fine 2.) Censure 3.) With holding of promotion 4.) Withholding of increment without cumulative effect 5.)Recovery in part or full from pay or other payables dues to be recovered 6.) Suspension

Major Penalties:- 7.) Withholding of increment with cumulative effect 8.)Reduction to lower grade or post or to lower time scale of pay 9.) Compulsory retirement 10.) Removal from service which will not be a disqualification for future employment 11.) Dismissal from service which will be ordinarily be a disqualification for future employment.

Rule 15 (Procedure for imposition of Major Penalties) Outline the procedure for initiation of disciplinary proceedings for major penalties.

Rule 16- (Procedure for imposition of minor penalties) This rule outline the procedure for imposition minor penalties. The procedure is almost same as in case of Rule 15. The only difference is that if the disciplinary authority desires he can dispense with all the formalities and make a summary enquiry and record his findings and finalise the proceedings

Rule-17 This rule deal with joint enquiry in case of two or more officers being involved in the same case. The procedure is same in case of Rule-15.

Rule 18 (Special Procedure in certain cases) This Rule clearly outlined that no such procedures as mentioned in Rule 15, 16 & 17 is required where the disciplinary authority consider the circumstances of the case and pass such orders thereon as it deems fit subject to consultation of O.P.S.C in which necessary.

Rule – 19 & 20 This rules deal with the case of officers borrowed from other organization. Borrowing authority can impose minor penalties but for imposition of major penalties they have to go through the Lending Authority.

Rule-21 This rule says that orders passed by the Governor are not appealable.

Rule-22 In other cases appeal may be preferred before the appellate authority against the order of imposition of penalties by disciplinary authority.

RULE-24 This rule says the limitation period for filing appeal i.e. three months from the date of receipt of the order.

RULE-31 This rule says that the Governor ha the power to review any order passed which is appealable.