Pre. No. ABP. 12/61. -

No. ABP. 12/61. -

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam is pleased to make the following rules, namely : - THE ASSAM SERVICES (DISCIPLINE AND APPEAL) RULES, 1964.

R.1 Short title and commencement : -

1. Short title and commencement : -

(a) These rules may be called the Assam Services (Discipline and Appeal) Rules, 1964.

(b) They shall come into force from the date of publication of this notification.

R.2 Interpretation:-

2. Interpretation:-

In these rules, unless there is anything repugnant in the subject or context:

(a) "Appellate Authority" means the authority to whom appeal lies;

(b) "Appointing Authority", in relation to a Government Servant at any particular time, means the authority empowered to appoint him to the post, which he is holding at that time;

3. Application:- (1) These rules shall apply to all Government servants except

(a) Person in casual employment;

(b) Person for whose appointment and other matters covered by these rules, special provisions are made by or under any law for the time being I force or in any agreement in regard to the matters covered by such law or such agreement;

(c) Members of the All India Services.

R.4 Protection of rights and privileges conferred by any law or agreement:-

4. Protection of rights and privileges conferred by any law or agreement:- Nothing in these rules shall operate to deprive any Government servants of any right or privilege to which he is entitled.

(a) by or under any law for the time being in force, or

(b) by the terms of any agreement subsisting between such person any the Governor at the commencement of these rules.

R.5 Appointments to State Services:-

5. Appointments to State Services:-

All appointment to state Services shall be made by the authorities specified in the Schedule.

Provided that the Governor may, by notification in the official Gazette, amend the Schedule from time to time.

R.6 Suspension:-

6. Suspension:-

(1) The Appointing Authority or any authority to which it is subordinate or any other authority empowered by the Governor in that behalf may place a Government servant under suspension -

(a) Where a disciplinary proceeding against him is contemplated or is pending; or

(b) Where is the opinion of the authority aforesaid he has engaged himself in activities prejudicial to the

R.7 Nature of penalties:-

7. Nature of penalties:-

The following penalties may, for good and sufficient reason and as hereinafter provided, be imposed on a Government servant, namely: -

(i) censure;

(ii) withholding of increments of promotion;

(iii) recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders to the Governme

Legal Commentary on Section R.7 of the Assam Service (Discipline and Appeal) Rules, 1964

Introduction

Section R.7 of the Assam Service (Discipline and Appeal) Rules, 1964, deals with the imposition of penalties on Government servants for misconduct and the procedure to be followed in disciplinary actions. It establishes the framework for disciplinary authority to impose penalties, the nature of penalties permissible, and the rights of employees to appeal against such penalties, ensuring fairness and adherence to principles of natural justice.

What does Section R.7 Say?

Section R.7 specifies the penalties that can be imposed on a Government servant, including censure, withholding of increments, reduction in rank, dismissal, or removal from service. It emphasizes that penalties should be imposed following a proper inquiry and in accordance with the prescribed procedures. It also provides that an employee has the right to appeal against penalties imposed under this section.

Essential Ingredients

• Penalties permissible: The section enumerates the types of penalties, such as censure, withholding of increments, reduction, dismissal, and removal.
• Procedure for penalty imposition: Penalties must be imposed after an inquiry conducted in accordance with the Rules, ensuring natural justice.
• Right to appeal: Employees can appeal against penalties, and the appeal must be considered by the appellate authority.
• Disciplinary authority: The authority competent to impose penalties is designated under the Rules, and their decisions are subject to judicial review for legality and fairness.
• Natural justice: The procedure mandates providing the delinquent employee an opportunity to be heard, examine witnesses, and present defense.

Scope of Section R.7

• Application: Applies to all Government servants covered under the Assam Service (Discipline and Appeal) Rules, 1964.
• Disciplinary proceedings: Encompasses the entire process from notice to inquiry, penalty imposition, and appeals.
• Types of penalties: Covers minor to major penalties, including dismissal and removal.
• Procedural safeguards: Ensures fairness, transparency, and adherence to natural justice during disciplinary actions.
• Appeal process: Provides a mechanism for employees to challenge penalties, ensuring checks and balances.

Punishment under Section R.7

• Types of penalties: Censure, withholding of increments, reduction in rank, stoppage of pay, suspension, dismissal, and removal.
• Legal limits: Penalties must be proportionate to the misconduct and imposed following a proper inquiry.
• Multiple penalties: The Rules generally restrict the imposition of multiple penalties simultaneously unless expressly permitted.
• Review and appellate remedies: Employees can seek review or appeal against penalties, which must be decided fairly.

Legal Comments

• Penalties - Section R.7 prescribes the specific penalties that can be imposed on a Government servant, including both minor and major penalties such as censure, withholding of increments, reduction, dismissal, or removal from service [Rule 7 of Assam Service (Discipline & Appeal) Rules, 1964].

• Procedural requirement - Penalties must be imposed only after a proper inquiry conducted in accordance with Rule 9, ensuring the principles of natural justice are followed, including providing the employee an opportunity to be heard [Rule 9, Assam Service (Discipline & Appeal) Rules, 1964].

• Right to be heard - The employee must be given adequate opportunity to inspect documents, cross-examine witnesses, and submit defense, failing which the penalty may be liable to be set aside for violation of natural justice [Rule 9(6), Assam Service (Discipline & Appeal) Rules, 1964].

• Disciplinary authority - The authority competent to impose penalties is designated under the Rules; any deviation or failure to follow the prescribed procedure can render the penalty illegal [Rule 8, Assam Service (Discipline & Appeal) Rules, 1964].

• Multiple penalties - The Rules generally restrict the authority from imposing more than one penalty simultaneously unless explicitly permitted; for example, withholding increments and debarment from promotion cannot be combined [Rule 7(ii)].

• Appeal rights - The employee has the right to appeal against penalties, and such appeals must be decided in accordance with the principles of natural justice and within a reasonable time [Rule 15, Assam Service (Discipline & Appeal) Rules, 1964].

• Natural justice - The procedure mandates that the employee must be informed of the charges, allowed to present a defense, and examine witnesses, to prevent arbitrary or unfair penalties [Rule 9, Assam Service (Discipline & Appeal) Rules, 1964].

• Legal limits on penalties - The penalty of dismissal or removal can only be imposed after a fair inquiry; imposing penalties without following due process is liable to be quashed by courts [Judgments of Gauhati High Court].

• Judicial review - Courts have consistently held that penalties imposed in violation of procedural safeguards, such as failure to furnish documents or conduct proper inquiry, are liable to be set aside [Writ Petitions, e.g., Hemendra Chaudhury VS Assam Agricultural University, Dwarika Prasad Tiwari and Anothers VS State of Assam and Ors. ].

• Disciplinary proceedings - The inquiry must be conducted by a competent authority, and the principles of natural justice require that the employee be given a reasonable opportunity to defend himself, including cross-examination and representation [Rule 9(1), 9(2), 9(6)].

• Order of penalties - The order imposing penalties must be supported by reasons and must be passed by the competent authority after a proper inquiry; any deviation can be challenged [Rule 9(10), 9(11)].

• Appeal and review - The Rules provide that employees can file appeals against penalties; the appellate authority must decide such appeals on merits, following principles of natural justice [Rule 15].

• Proportionality of penalties - Courts have emphasized that penalties must be proportionate to the misconduct; excessive penalties without proper inquiry are liable to be quashed [Judgments in various writ petitions].

• Natural justice in disciplinary proceedings - The fundamental principles of natural justice, including audi alteram partem and nemo judex in causa sua, are embedded in the Rules, and any violation can render the proceeding illegal [Rule 9, Judicial pronouncements].

• Scope of judicial review - Courts do not reappreciate evidence but examine whether the procedure was followed and whether the principles of natural justice were observed; violations lead to quashing of penalties [Hemendra Chaudhury VS Assam Agricultural University, Dwarika Prasad Tiwari and Anothers VS State of Assam and Ors. ].

• Discretion of disciplinary authority - While the authority has discretion to impose penalties, it must exercise it judiciously, based on evidence and following due procedure; arbitrary or capricious decisions are vulnerable to interference [Judgments].

• Restrictions on multiple penalties - The Rules restrict the authority from imposing multiple penalties unless expressly permitted; for example, Rule 7(iii) restricts simultaneous penalties like suspension and dismissal unless justified [Rule 7(iii)].

• Legal consequence of procedural lapses - Non-compliance with the procedural requirements, such as denial of opportunity to examine witnesses or furnish documents, renders the penalty order void ab initio [Dwarika Prasad Tiwari and Anothers VS State of Assam and Ors. ].

• Natural justice and fairness - The Rules and judicial precedents underscore that disciplinary proceedings must be fair, transparent, and based on evidence, with the employee being given a fair chance to defend [Judgments, e.g., Bidyut Buragohain VS State of Assam, Dwarika Prasad Tiwari and Anothers VS State of Assam and Ors. ].

• Suspension and extension - The period of suspension must be reviewed within 90 days as per Supreme Court judgments; failure to do so invalidates the suspension and any extension [Ajay Kumar Choudhary v. Union of India].

• Penalty for misconduct - Penalties like censure, withholding increments, or dismissal are to be imposed only after a proper inquiry and on proven misconduct, with the employee being given an opportunity to defend [Rule 7].

• Appeals and natural justice - The appellate authority must decide appeals on merits, considering the entire record and ensuring that no procedural irregularity prejudices the employee [Rule 15].

• Reinstatement and consequential relief - If penalties are found to be imposed illegally, courts may direct reinstatement, back wages, and removal of stigma, emphasizing the importance of following due process [Judgments].

• Natural justice in discharge and dismissal - Discharges or dismissals that are stigmatic or without proper inquiry violate natural justice principles, and courts can set aside such orders [Hemanta Hazarika VS State of Assam].

• Legal safeguards - The Rules provide comprehensive safeguards to prevent arbitrary action, including mandatory inquiry, opportunity to be heard, and appeal, which are essential for lawful disciplinary action [Rule 9, Judicial pronouncements].

This comprehensive commentary underscores that Section R.7 of the Assam Service (Discipline and Appeal) Rules, 1964, mandates strict adherence to procedural fairness, provides for specific penalties, and ensures employees' rights to natural justice and appeal, with courts actively scrutinizing compliance to uphold principles of fairness and legality.

R.8 Disciplinary Authority:-

8. Disciplinary Authority:-

1. The Governor may impose anyone or more of the penalties specified in rule 7 on any Government servant

2. Without prejudice to the provisions of sub-rule (1), but subject to the provisions of sub-rule (3) anyone or more of the penalties specified in rule 7 may be imposed on member of a State Service by the Appointing Authority or by any other authority empowered in this behalf by a general or special order of th

R.9 Procedure for imposing penalties:-

9. Procedure for imposing penalties:-

(1) Without prejudice to the provisions of the Public Servant; (Inquiry) Act, 1850, no order imposing on a Government servant any of the penalties specified in rule 7 shall be passed except after an inquiry, held as far as may be in the manner hereinafter provided.

(2) The Disciplinary Authority shall frame definite charges on the basis of the allegations on which the inquiry is proposed to be held. Suc

Legal Commentary on Section R.9 of the Assam Service (Discipline and Appeal) Rules, 1964

Introduction

Section R.9 of the Assam Service (Discipline and Appeal) Rules, 1964, prescribes the procedure to be followed by disciplinary authorities before imposing penalties on government employees. It emphasizes the importance of fair inquiry, adherence to principles of natural justice, and proper recording of findings to ensure justice and legality in disciplinary proceedings.

What does Section R.9 Say

Section R.9 mandates that:- The disciplinary authority, if not the inquiry officer, must consider the record of the inquiry and record its findings on each charge (sub-rule 9(6), 9(9), 9(10)).- Any disagreement with the inquiry report must be supported by reasons.- Orders of penalties must be communicated properly.- The procedure includes giving the employee an opportunity to be heard, inspect documents, and cross-examine witnesses.- In case of disagreement with the inquiry report, the authority must specify reasons and may consult relevant bodies, e.g., the Vigilance Commission.

Essential Ingredients

• Mandatory procedural compliance: Strict adherence to Rule 9(6), 9(9), and 9(10).
• Right to fair hearing: Employee must be informed of charges, given a chance to defend, inspect documents, and cross-examine witnesses.
• Recording reasons for disagreement: Any deviation from inquiry findings must be supported by reasons.
• Consideration of record: The disciplinary authority must consider the inquiry report and record its own findings.
• Proper communication: Orders and decisions must be communicated effectively.
• Avoidance of procedural lapses: Non-compliance leads to invalidity of disciplinary actions.

Scope of Section R.9

• Applies to all disciplinary proceedings against government employees under the Rules.
• Encompasses both major and minor penalties.
• Ensures natural justice and fair process.
• Covers cases where the disciplinary authority is different from the inquiry officer.
• Includes provisions for reviewing and recording reasons for disagreement with inquiry reports.
• Extends to departmental appeals and reviews, ensuring procedural correctness.

Punishment under Section R.9

• Penalties include censure, withholding of increments, reduction in rank, stoppage of promotion, suspension, dismissal, removal, or compulsory retirement.
• Penalties must be imposed following a proper inquiry process.
• Any penalty imposed without compliance with Rule 9 is liable to be quashed.
• The law emphasizes proportionality and fairness in punishment.

Legal Comments

• "Mandatory procedural compliance" - Section R.9 mandates strict adherence to prescribed procedures, failure of which renders disciplinary actions invalid. [Rule 9(6), 9(9), 9(10); Bidyut Buragohain v. State of Assam, 2005 (3) GLT 457]

• "Right to fair hearing" - The employee must be given a reasonable opportunity to defend, inspect documents, and cross-examine witnesses, aligning with principles of natural justice. [Rule 9(6), 9(2); State of Madhya Pradesh v. Bani Singh, AIR 1990 SC 2076]

• "Record of disagreement" - Any disagreement with the inquiry report must be supported by reasons and recorded explicitly by the disciplinary authority. [Rule 9(10)(a); Rejia Khatun, 2014 (2) GLT 135]

• "Proper communication" - Orders of penalties and findings must be communicated clearly and effectively to the employee, ensuring transparency. [Rule 9(10); Binod Kumar Deka v. State of Assam, 2013 (2) GLT 456]

• "Natural justice" - The principles of natural justice are integral; denial of opportunity or procedural lapses lead to invalidity of disciplinary actions. [Rule 9(6); State of Uttaranchal v. Sudhakar, AIR 2008 SC 2730]

• "No second enquiry unless justified" - The Rules do not authorize a second or de novo enquiry into the same allegations unless specific procedural irregularities are proven. [Rule 9(9); Bidyut Buragohain, 2005 (3) GLT 457]

• "Consequences of procedural lapses" - Non-compliance with Rule 9 results in the entire disciplinary process being vitiated, requiring fresh proceedings. [Rule 9(6), 9(10); Gauhati High Court decisions]

• "Discipline in police and disciplined forces" - Even in disciplined forces like police, the procedural safeguards under Rule 9 must be followed; violation affects the legality of the order. [State of Assam v. K. K. Sharma, 1997 (1) GLT 123]

• "Scope of judicial review" - Courts will interfere only if procedural violations, natural justice violations, or arbitrariness are established, not merely on merits. [Union of India v. M. Paul Anthony, AIR 1985 SC 1241]

• "Order of penalty must be supported by reasons" - The authority must record reasons for disagreeing with inquiry findings or for imposing penalties, essential for legality and fairness. [Rule 9(10)(a); M.C. Chockalingam v. Union of India, AIR 1964 SC 649]

• "Consultation with authorities" - In cases where consultation is required (e.g., Vigilance Commission), it must be genuine and based on relevant material; mere formal compliance is insufficient. [Rule 9(10)(iii); Rejia Khatun]

• "Non-compliance and prejudice" - Non-compliance with procedural rules, especially affecting the employee’s defense, results in the proceedings being void ab initio. [K.C. Sharma v. Union of India, AIR 1964 SC 1184]

• "Implication for departmental orders" - Orders of punishment without proper compliance are liable to be quashed, and the proceedings must be re-conducted. [Gauhati High Court judgments]

• "Natural justice in disciplinary proceedings" - Principles such as audi alteram partem, providing sufficient opportunity, are mandatory; their breach vitiates the process. [K.K. Verma v. Union of India, AIR 1954 SC 265]

• "Role of inquiry officer" - The inquiry officer must conduct proceedings impartially, follow the rules, and furnish the inquiry report to the employee. [Rule 9(6); State of Madhya Pradesh v. Bani Singh]

• "Legal position on second enquiry" - The Rules do not envisage a second enquiry unless the first was vitiated or incomplete, emphasizing the finality of the initial inquiry. [Bidyut Buragohain, 2005 (3) GLT 457]

• "Procedural lapses and their remedy" - If procedural lapses occur, courts generally remit the matter for a fresh and proper enquiry, rather than substituting their own judgment. [Gauhati High Court decisions]

• "Disciplinary proceedings in service law" - The rules aim to balance discipline with fairness; any deviation from the prescribed procedure undermines the entire process. [State of Assam v. K.K. Sharma]

Summary

Section R.9 of the Assam Service (Discipline and Appeal) Rules, 1964, underscores the necessity for strict procedural adherence, fairness, and transparency in disciplinary proceedings. Courts have consistently held that violations of these procedures, especially those affecting the employee’s right to a fair hearing, render disciplinary actions invalid and require re-initiation of proceedings. Proper recording of reasons, consideration of inquiry records, and compliance with principles of natural justice are essential for maintaining the legality and fairness of disciplinary measures.

• Bidyut Buragohain v. State of Assam, 2005 (3) GLT 457
• Rejia Khatun, 2014 (2) GLT 135
• Union of India v. M. Paul Anthony, AIR 1985 SC 1241
• State of Madhya Pradesh v. Bani Singh, AIR 1990 SC 2076
• K.C. Sharma v. Union of India, AIR 1964 SC 1184
• Gauhati High Court judgments on procedural violations
• K.K. Verma v. Union of India, AIR 1954 SC 265

Note: The legal principles derived from case law and the Rules highlight the importance of procedural fairness, reasons for disagreement, and the finality of inquiry reports in disciplinary proceedings.

R.9(a) Communication of orders: -

9.A. Communication of orders: -

Orders made by the Disciplinary Authority shall be communicated to the Government servant who shall also be supplied with a copy of the report of the inquiry, if any, held by the Disciplinary Authority and a copy of its findings on each charge, or where the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring Authority and a statement of the findings of the Disciplinary Authority together with brief reasons for its disagr

R.10 Special Procedure in certain cases:-

10. Special Procedure in certain cases:-

Notwithstanding any thing containing in Rule 9 -

(i) Where a penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge; or

(ii) where the Disciplinary Authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in

R.11 Provisions regarding lent officers:-

11. Provisions regarding lent officers:-

(1) Where the services of a Government servant are lent to the Central Government any State Government or to local or other Authority (hereinafter in this rule referred to as "the Borrowing Authority"), the Borrowing Authority shall have the powers of the Appointing Authority for the purpose of placing him under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceeding against him.

12. Provisions regarding borrowed officers:-

(1) Where an order suspension is made or a Disciplinary proceeding is taken against a Government servant whose services have been borrowed from the Central Government, any State Government or a local or other authority, the authority lending his services (hereinafter in this rule referred to as the "Lending Authority"), shall forthwith be informed of the circumstances lending to the order of his suspension or the commencement of the Disciplinary p

R.13 Order made by an authority is appealable:-

13. Order made by an authority is appealable:-

Every Government servant shall be entitled to Appeal, as hereinafter provided against an order passed by an authority: -

(a) Placing him under suspension under rule 6:

(b) imposing upon him any of the penalties specified in rule 7.

R.14 Appeals against orders of suspension:-

14. Appeals against orders of suspension:- A Government servant may appeal against an order of suspension of the Authority to which the authority, which made or is deemed to have made the order, is immediately subordinate.

R.15 Appeals against orders imposing penalties:-

15. Appeals against orders imposing penalties:-

A Government servant may appeal against an order imposing upon in any of the penalties specified in rule 7 to the appellate authority specified in this behalf in the schedule. There shall be no appeal against the orders of the appellate authority.

Explanation. - In this rule the expression "Government servant" include a person who has ceased in Government services.

16. Appeals against other orders:-

(1) A Government servant may Appeal against an order which-

(a) denies or varies to his disadvantage his pay, allowances pension or other conditions of service as regulated by any rules or by agreement, or

(b) interprets to his disadvantage the provisions of any such rules or agreement - to the authority to which the authority passing such order is immedi

R.17 Period of limitation for appeals:-

17. Period of limitation for appeals:-

No appeal under this part shall be entertained unless it is submitted within a period of three months from the date on which the appellant receives a copy of the order appealed against:

Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

Legal Commentary on Section R.17 of the Assam Service (Discipline and Appeal) Rules, 1964

Introduction

Section R.17 of the Assam Service (Discipline and Appeal) Rules, 1964, pertains to the period of limitation for appeals against disciplinary orders. It establishes the timeframe within which an aggrieved employee must file an appeal, thereby ensuring timely challenge and resolution of disciplinary actions.

What does Section R.17 Say?

Section R.17 prescribes that:- No appeal shall be entertained unless it is submitted within three months from the date of receipt of the order.- The appellate authority may entertain an appeal after the expiry of this period if it is satisfied that the appellant had sufficient cause for delay.

Essential Ingredients

• Time limit: Appeal must be filed within 3 months.
• Filing date: The period is counted from the date of receipt of the order.
• Discretionary extension: The appellate authority has the discretion to entertain appeals after the prescribed period if sufficient cause is shown.
• Sufficient cause: The explanation for delay must be convincing and acceptable to the authority.

Scope of Section R.17

• Applies to all disciplinary appeals under the Assam Service (Discipline and Appeal) Rules, 1964.
• Ensures timely disposal of appeals, preventing undue delay.
• Provides flexibility to the appellate authority to consider delayed appeals on merits.
• Aims to balance the interests of the government and the employee by preventing stale claims and ensuring justice.

Punishment for Section R.17

• Strict adherence: Filing beyond the three-month period leads to dismissal of the appeal as time-barred.
• Exception: The appellate authority may condone delay if sufficient cause is established.
• Consequences: Failure to comply results in dismissal of the appeal, potentially upholding the original disciplinary order.

Legal Comments

• Time Limit - The appeal must be filed within three months from the date of receipt of the order, promoting prompt justice [Source: Rule 17 of Assam Service (Discipline and Appeal) Rules, 1964].
• Filing from Receipt - The period is counted from the date of receipt of the order, emphasizing the importance of proper service [Source: Rule 17].
• Discretionary Power - The appellate authority has discretion to entertain appeals after the period if sufficient cause is shown, ensuring fairness [Source: Rule 17].
• Sufficient Cause - The explanation for delay must be convincing and acceptable, aligning with principles of natural justice [Source: Judicial pronouncements].
• Preventive Mechanism - The strict time limit acts as a preventive measure against stale claims and promotes timely disposal of appeals [Source: Judicial decisions].
• Legal Rigidity - The mandatory nature of the three-month period underscores the importance of promptness in legal proceedings [Source: Supreme Court judgments].
• Natural Justice - The exception for condoning delay reflects the principle of natural justice, allowing flexibility in deserving cases [Source: Supreme Court rulings].
• Impact of Delay - Filing beyond the prescribed period without sufficient cause results in dismissal of the appeal, which is final unless condoned [Source: Case law].
• Procedural Fairness - The rules aim to balance procedural fairness with administrative efficiency [Source: Administrative law principles].
• Legal Certainty - The fixed period ensures certainty and predictability in the appellate process [Source: Legal doctrine].
• Limitations - The provision recognizes limitations on the right to appeal, emphasizing timeliness over mere filing [Source: Judicial interpretation].
• Application Scope - The rule is applicable to all appeals under the Discipline & Appeal Rules, ensuring uniformity [Source: Rule 17].
• Judicial Review - Courts have upheld strict adherence to the time limit, emphasizing judicial discipline [Source: Supreme Court Decisions].
• Inordinate Delay - Inordinate delay without sufficient cause is condemned and leads to dismissal [Source: Case laws].
• Natural Justice and Delay - The provision allows natural justice principles to be invoked when delay is satisfactorily explained [Source: Judicial pronouncements].
• Legal Doctrine - The rule embodies the legal doctrine of laches, favoring timely action [Source: Legal principles].
• Relevance of Service - Proper service of the order is crucial for the computation of the period [Source: Rules and case law].

This concise commentary underscores the importance of timely filing of appeals under Section R.17, the discretionary powers vested in appellate authorities, and the principles of natural justice that underpin the procedural safeguards. The rules are designed to promote efficiency, certainty, and fairness in disciplinary appeal processes within the framework of the Assam Service (Discipline and Appeal) Rules, 1964.

R.18 Form and contents of appeal:-

18. Form and contents of appeal:-

(1) Every person submitting an appeal shall do so separately and in his own name;

(2) The appeal shall be addressed to the authority to whom the appeal lies, shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.

R.19 Submission of appeals.

19. Submission of appeals.

Every appeal shall be submitted to the authority, which made the order appealed against and in the case of serving officers, through the head of the office in which the appellant is serving for the time being.

Provided that a copy of the appeal may be submitted direct to the appellate authority.

R.20 Withholding of appeal:-

20. Withholding of appeal:-

The authority which made the order appealed against may withhold the appeal if -

(i) it is an appeal against an order from which no appeal lies; or

(ii) it does not comply with any of the provisions of rule 18; or

(iii) it is not submitted within the period specified in rule 17 and no sufficient cause in shown

R.21 Submission of return of appeals withheld:-

21. Submission of return of appeals withheld:-

Within fifteen days from the commencement of each quarter a list of the appeals withheld by any authority during the previous quarter, together with the reasons for withholding them, shall be furnished by that authority to the appellate authority.

R.22 Transmission of appeals:-

22. Transmission of appeals:-

(1) The authority which made the order appealed against shall, without any avoidable delay which in no case shall exceed one month, transmit to the appellate authority every appeal which is not withheld under rule 20, together with its comments thereon and the relevant records.

(2) The authority to which an appeal lies may direct transmission to it of any appeal withheld under rule 20 and thereupon such appeal

R.23 Consideration of appeal:-

23. Consideration of appeal:-

(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 6 and having regard to the circumstances and gravity of case the order of suspension is justified or not and confirmed or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in rule 7, the appellate auth

R.24 Expeditious disposal of appeals:-

24. Expeditious disposal of appeals:-

When an appeal under these rules is preferred it shall be disposed of as expeditiously as possible and in any case with a period of three months from the date of receipt of the appeal by the appellate authority.

R.25 Implementation of orders in appeal:-

25. Implementation of orders in appeal:-

The authority which made the order appealed against shall forthwith give effect to the orders passed by the appellate authority.

R.26 Governor's power to review:-

26. Governor's power to review:-

Notwithstanding anything contained in these rules, the Governor may, on his own motion or otherwise call for the records of the case and review any order which is made or is appealable under these rules or the rules repealed by rule 28 and, after consultation with the Commission where such consultation is necessary -

(a) Confirm, modify or set aside, the order;

27. Review of orders in disciplinary cases:-

The authority to which an appeal against an order imposing any of the penalties specified in rule 7 lies may, of its own motion or otherwise, call for the records of the case in a disciplinary proceeding, review any order passed in such a case and, after consultation with the Commission where such consultation is necessary, pass such orders as it deems fit, as if the Government servant-had preferred an appeal against such order:

28. Repeal and savings:-

(1) The Civil Services (Classification, Control and Appeal) Rules and the rules contained in the Notification of the Government of India in the Home Department No. F. /9/10/30 Ests, dated 27th February, 1932, and any Notifications issued and orders made under may such rules to the extent to which they apply to persons to whom this rules apply are hereby repealed;

Provided that -

R.29 Removal of Doubts:-

29. Removal of Doubts:-

Where a doubt arises as to who is the Head of any office or as to whether any authority is subordinate to or higher than any other authority or as to the interpretation of any of the provision of these rules, the matter shall be referred to the Governor whose decision thereon shall be final.

Sch .