R.1 Short title and commencement.

       (1) These rules may be called The Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
       (2) They shall come into force at once.
       (3) They shall apply to Government servants under the rule making power of the Governor under the proviso to Article 309 of the Constitution except the Officers and Servants of the High Court of Judicature at Allahabad covered under Article 229 of the Constitution of India.

R.2 Definitions

       In these rules, unless there is anything repugnant in the subject or context:
       (a) "Appointing authority" means the authority empowered to make appointments to the posts under the relevant service rules;
       (b) "Constitution" means the Constitution of India;
       (c) "Commission" means the Uttar Pradesh Public Service Commission;
       (d) "Departmental Inquiry" means the inquiry under rule 7 of these rules;
       (e) "Disciplinary Authority" means an Authority empowered under rule 6 to impose penalties;
       (f) "Governor" means the Governor of Uttar Pradesh;
       (g) "Government" means the State Government of Uttar Pradesh;
   

R.3 Penalties.

       The following penalties may, for good and sufficient reason and as hereinafter provide, be imposed upon the Government Servants :-
       Minor Penalties :
       (i) Censure;
       (ii) Withholding of increments for a specified period;
       (iii) Stoppage at an efficiency bar;
       (iv) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders;
       (v) Fine in case of persons holding Group 'D' posts: provided that the amount of such fine shall in no case exceed twenty five percent of the months pay in which the fine is imposed.
       Major Penalties:
       (i)

R.4 Suspension.

       (1) A Government servant against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry in the discretion of the appointing authority;
       Provided that suspension should not be resorted to unless the allegations against the Government servant are so serious that in the event of their being established may ordinarily warrant major penalty.
       Provided further that concerned Head of the Department empowered by the Governor by an order in this behalf may place a Government servant or class of Government servants belonging to Group 'A' and 'B' posts under suspension under this rule:
       Provided also that in the case of any Government servant or class of Government servants belonging to Group 'C' and 'D' posts, the appointing authorit

R.5 Pay and allowance etc. the suspension period.

After the order is passed in the departmental enquiry on the basis of criminal case, as the case may be under these rules, the decision as to the pay and allowances of the suspension period of the concerned Government Servant and also whether the said period shall be treated as spent on duty or not, shall be taken by the disciplinary authority after giving a notice to the said Government Servant and calling for his explanation within a specified period under rule 54 of the Financial Hand Book, Volume-II, Part II to IV.

R.6 Disciplinary Authority

       The Appointing Authority of a Government Servant shall be his Disciplinary Authority who, subject to the provisions of these rules, may impose any of the penalties specified in rule 3 on him.
       Provided that no person shall be dismissed or removed by an authority subordinate to that by which he was actually appointed;
       Provided further that the Head of Department notified under the Uttar Pradesh Class II Services (Imposition of Minor Punishments) Rules, 1973, subject to the provisions of these rules, shall be empowered to impose minor penalties mentioned in rule 3 of these rules:
       Provided also that in case of a Government Servant belonging to Group. 'C' and 'D' posts, the Government, by a notified order, may delegate the power to impose any penalty, except dismissal or removal from service under

R.7 Procedure for imposing major penalties.

       Before imposing any major penalty on a Government Servant, an inquiry shall be held in the following manner:
       (i) The Disciplinary Authority may himself inquire into the charges or appoint an Authority subordinate to him as Inquiry Officer to inquire into the charges.
       (ii) The facts constituting the misconduct on which it is proposed to take action shall be reduced in the form of definite charge or charges to be called charge-sheet. The charge sheet shall be approved by the Disciplinary Authority.
       Provided that where the Appointing Authority is Governor, the chargesheet may be approved by the Principal Secretary or the Secretary, as the case may be, of the concerned department.
       (iii) The charges framed shall be so precise and clear as to give suffici

R.8 Submission of inquiry report

When the inquiry is complete, the Inquiry Officer shall submit its inquiry report to the Disciplinary Authority alongwith all the records of the inquiry. The Inquiry Report shall contain a sufficient record of brief facts, the evidence and statement of the findings on each charge and the reasons thereof. The Inquiry Officer shall not make any recommendation about the penalty.

R.9 Action on Inquiry Report.

       (1) The Disciplinary Authority may, for reasons to be recorded in writing, remit the case for re-inquiry to the same or any other Inquiry Officer under intimation to the charged Government servant. The Inquiry Officer shall thereupon proceed to hold the inquiry from such stage as directed by the Disciplinary Authority, according to the provisions of Rule 7.
       (2) The Disciplinary Authority shall, if it disagrees with the findings of the Inquiry officer on any charge, record its own findings thereon for reasons to be recorded.
       (3) In case the charges are not proved, the charged Government Servant shall be exonerated the Disciplinary authority of the charges and informed him accordingly.
       (4) If the Disciplinary Authority, having regard to its findings on all or any of charges is of the opinion th

R.10 Procedure for impasing minor penalties.

       (1) Where the Disciplinary Authority is satisfied that good and sufficient reasons exist for adopting such a course, if may, subject to the provisions of sub-rule (2) impose one or more of the minor penalties mentioned in rule 3.
       (2) The Government servant shall be informed of the substance of the imputations against him and called upon to submit his explanation within a reasonable time. The Disciplinary Authority shall, after considering the said explanation, if any, and the relevant records, pass such orders as he considers proper and where a penalty is imposed reason thereof shall be given. The order shall be communicated to the concerned Government servant.

R.11 Appeal.

       (1) Expect the orders passed under these rules by the Governor, the Government Servant shall be entitled to appeal to the next higher authority from an order passed by the Disciplinary Authority.
       (2) The appeal shall be addressed and submitted to the Appellate Authority. A Government Servant preferring an appeal shall do so in his own name. The appeal shall contain all material statements and argument relied upon by the appellant.
       (3) The appeal shall not contain any intemperate language. Any appeal, which contains such language may be liable to be summarily dismissed.
       (4) The appeal shall be preferred within 90 days from the date of communication of impugned order. An appeal preferred after the said period shall dismissed summarily.

R.12 Consideration on Appeals.

       The Appellate Authority shall pass such order as mentioned in clause (a) to (d) of rule 13 of these rules, in the appeal as he thinks proper after considering;
       (a) Whether the facts on which the order was based have been established;
       (b) Whether the facts established afford sufficient ground for taking action; and
       (c) Whether the penalty is excessive, adequate or inadequate;

R.13 Revision.

       Notwithstanding any thing contained in these rules, the Government may of its own motion or on the representation of concerned Government servant call for the record of any case decided by an authority subordinate to it in the exercise of any power conferred on such authority by these rules; and
       (a) confirm, modify or reverse the order passed by such authority or ,
       (b) direct that a further inquiry be held in the case, or
       (c) reduce or enhance the penalty imposed by the order; or
       (d) make such other order in the case as it may deem fit;

R.14 Review

The Governor may at any time, either on his own motion or on the representation of the concerned Government servant, review any order passed by him under these rules, if it has brought to his notice that any new material or evidence which could not be produced or was not available at the time of passing the impugned order or any material error of law occurred which has the effect of changing the nature of the case.

R.15 Opportunity before imposing or enhancing penalty.

No order under rules 12, 13 and 14 imposing or enhancing any penalty shall be made unless the Government servant concerned has been given a reasonable opportunity of showing cause against the proposed imposition or enhancement, as the case may be.

R.16 Consultation with the Commission.

Before any order is passed by the Governor under these rules, the Commission, as required under the Uttar Pradesh Public Service Commission (Limitation of Functions ) Regulation, 1954, as amended from time to time, shall also be consulted,

R.17 Rescission and savings.

       (1) The Civil Service (Classification, Control and Appeal) Rules, 1930 and the Punishment and Appeal Rules for Subordinate Service, Uttar Pradesh, 1932 are hereby rescinded.
       (2) Notwithstanding such rescission,
       (a) delegation of power mentioned in Punishment and Appeal Rules for Subordinate Services Uttar Pradesh, 1932 and any order issued under the Civil Service (Classification, Control and Appeal) Rules, 1930 or Punishment and Appeal Rules for Subordinate Services, Uttar Pradesh 1932 deligation the power of imposing any of the penalties mentioned in rule 3 or power of suspension to any authority shall be deemed to have been issued under these rules and shall remain valid unless cancelled or rescinded;
       (b) any inquiry, appeal, revision or review pending on the date of coming into force of the