Pre. No. 62/4/2016-6GS-I

Published vide Notification No. 62/4/2016-6GS-1, dated 19.07.2016

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:-

R.1 Short title and commencement

(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.

R.2 Application

(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 clau

R.3 Definitions

(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) "gove

R.4 Penalties

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)

R.5 Suspension and withholding of emoluments

(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:

R.6 Authority to impose punishment

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.

R.7 Procedure for imposing major penalty

(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 s

R.8 Procedure for Imposing minor penalties

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.

R.9 Right of appeal

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

R.10 Period of limitation of appeal

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.

R.11 Order which may be passed by the appellate authority

(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.

R.12 Second appeal where penalty is increased

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.

R.13 Right of revision

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.

R.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 memori

R.15 Prohibition as to collective appeal

Every person preferring an appeal shall do so separately and in his own name.

R.16 Common proceedings

(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.

R.17 Manner of the presentation of appeal or application for revision

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.

R.18 Withholding of appeals and applications for revision

(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 autho

R.19 Saving of the function of Haryana Public Service Commission

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.

R.20 Repeal and Saving

(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.

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.