All India Services (Discipline and Appeal) Rules, 1969
(1) These rules may be called the All India Services (Discipline and Appeal) Rules, 1969.
(2) They shall come into force on the date of their publication in the Official Gazette.
In these rules, unless the context otherwise requires:--
(a) 'Commission' means the Union Public Service Commission;
(b) 'disciplinary authority' means the authority competent under these rules to impose on a member of the service any of the penalties specified in rule 6;
1[(c) 'Government' means--
(i) in the case of a member of the Service serving in connection with the affairs of a State, or who is deputed for service in any company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Government of a State, or in a local authority set up by an Act of the Legislature of a State, the Government of that State;
(ii) in any other case, the Central Government;]
2[(d) member of the service means a member of an All India Service as defined in Section 2 of the All India Services Act, 1951 (61 of 1951).]
3[(dd) 'Probationer' means a person
(1) If, having regard to the circumstances in any case and, where articles of charge have been drawn up, the nature of the charges, the Government of a State or the Central Government, as the case may be, is satisfied that it is necessary or desirable to place under suspension a member of the Service, against whom disciplinary proceedings are contemplated or are pending, that Government may--
(a) if the member of the Service is serving under that Government, pass an order placing him under suspension, or
(b) if the member of the Service is serving under another Government request that Government to place him under suspension, pending the conclusion of the disciplinary proceedings and the passing of the final order in the case.
1[(c) IAS officers working under Central Government shall only be suspended on the recommendations of the Central Review Committee as amended with the approval of Minister-in-charge, Department of Personnel & Training.]
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1[(1) A member of the Service under suspension or deemed to have been placed under suspension by the Government concerned shall be entitled to receive from that Government:--
(a) a subsistence allowance at an amount equal to the leave salary which a member of the Service would have drawn if he had been on leave on half-average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary:]
Provided that where the period of suspension exceeds 2[three months], the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:
(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if, in the opinion of the said authority, t
(1) When a member of the Service, who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement under the All India Services (Death-cum-Retirement Benefits) Rules, 1958, while under suspension or not, the authority competent to order reinstatement shall consider and make a specific order--
(a) regarding the pay and allowances to be paid to the member of the Service for the period of his absence from duty including the suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and
(b) whether or not the said period shall be treated as a period spent on duty.
(2) The member of the Service shall, subject to the provisions of sub-rule (6) be paid the full pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, a
(1) Where the dismissal, removal or compulsory retirement of a member of the Service is set aside by a Court of Law and such member is reinstated without holding any further inquiry, the period of absence from duty shall be regularised and the member of the Service shall be paid pay and allowances in accordance with provisions of sub-rule (2) or (3) subject to the directions, if any, of the Court.
(2)(i) In cases other than those covered by sub-rule (3), the member of the service shall be paid such portion of the full-pay and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired, or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the authority competent to order reinstatement may determine, after giving notice to the member of the Service of the quantum proposed and after considering the representation, if any, submitted by him, in that connection, within 60 days from the date on
(1) When a member of the Service under suspension is reinstated or would have been so reinstated but for his retirement under the All India Services (Death-cum-Retirement Benefits) Rules, 1958 while under suspension, the authority competent to order reinstatement shall consider and make a specific order--
(a) regarding the pay and allowances to be paid to the member of the Service for the period of suspension ending with reinstatement or the date of his retirement on superannuating, as the case may be; and
(b) whether or not the said period shall be treated as a period spent on duty.
(2) Notwithstanding anything contained in rule 4, where a member of the Service under suspension dies before the disciplinary or court proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would hav
(1) The following penalties may, for good and sufficient reasons and as hereinafter provided be imposed on a member of the Service, namely:--
Minor Penalties:
(i) censure;
(ii) withholding of promotion;
1[(iii) recovery from pay of the whole, or part of any pecuniary loss caused to Government, or to a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by Government, or to a local authority set up by an Act of Parliament or of the Legislature of a State, by negligence or breach of orders;]
(iv) withholding of increments of pay;
2[(iv) a Reduction to a lower stage in the time scale of pay for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.]
Major Penalties:
(v) reduction to a lower stage in the time scale of pay for a specified period with further directions as to w
1[(1) Where a member of the Service has committed any act or omission which renders him liable to any penalty specified in rule 6--
(a) if such act or omission was committed before his appointment to the Service--
(i) the State Government, if he is serving in connection with the affairs of that State, or is deputed for service in any company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Government of that State or in a local authority set up by an Act of the Legislature of that State; or
(ii) the Central Government, in any other case, shall alone be competent to institute disciplinary proceedings against him and, subject to the provisions of sub-rule (2), to impose on him such penalty specified in rule 6 as it thinks fit;
(b) If such act or omission was committed after his appointment to the Service--
(i) while he was serving in connection with the affairs of
(1) No order imposing any of the major penalties specified in rule 6 shall be made except after an inquiry is held as far as may be, in the manner provided in this rule and Rule 10 or provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850) where such inquiry is held under that Act.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a member of the Service, it may 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.
1[Provided that where there is a complaint of sexual harassment within the meaning of rule 3 of the All India Services (Prevention of Sexual Harassment) Regulations, 1998, the Complaints Committee established in each Ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inqui
(1) The disciplinary authority may, for reasons to be recorded by it in writing, remit the case to inquiring authority for further inquiry and report, and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of rule 8 as far as may be.
1[(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any with the findings of inquiry authority on any article of charge to the Member of the Service who shall be required to submit, if he so desires, his written representation of submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Member of the Service.
2[(2-A) The discipl
(1) Subject to the provision of sub-rule (3) of Rule 9 no order imposing on a member of the Service any of the penalties specified in clauses (i) to (iv) of rule 6 shall be made except after:--
(a) informing the member of the Service in writing of the proposal to take action against him and of the imputations of misconduct or misbehavior on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;
(b) holding an inquiry, in the manner laid down in sub-rules (4) to (23) of rule 8, 1[(in every case in which it is proposed to withhold increments of pay for a period exceeding three years, or with cumulative effect for any period, or so as to adversely affect the amount of pension payable to him, or in which the disciplinary authority is of the opinion that such inquiry is necessary.
(c) taking the representation, if any submitted by the member of the Service under cl
When there is any difference of opinion between a State Government and the Commission on any matter covered by these rules such matter shall be referred to the Central Government for its decision.
Orders made by the disciplinary authority shall be communicated to the member of the Service who shall also be supplied with a copy of the report of the inquiring authority and a statement of the finding of the disciplinary authority, together with brief reasons for its disagreements, if any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by the Commission and, where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.
Where two or more members of the Service are concerned in any case, the Government may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
Notwithstanding anything contained in rules 8 to 12 --
(i) where any penalty is imposed on a member of the Service 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 by it in writing, that if, is not reasonably practicable to hold an inquiry in the manner provided in these rules; or
(iii) where the President is satisfied that, in the interest of the security of the State, it is not expedient to hold an inquiry in the manner provided in these rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit;
1[Provided that the member of the Service may be given an opportunity of making a representation on the penalty proposed to be imposed before any order is made in a case under clause (i) of this rule:]
Provided 2[further that] except in cases where consultation
(1) Notwithstanding anything contained in this part, no appeal shall lie against:--
(i) any order made by the President;
(ii) any order of an interlocutory nature or of the nature of step-in-aid for the final disposal of a disciplinary proceeding, other than an order of suspension;
(iii) any order passed by an inquiring authority in the course of inquiry under rule 8;
(iv) any order by a competent authority withholding an appeal under rule 23.
(2) Nothing in clause (i) and clause (iv) of sub-rule (1) shall be deemed to affect or abridge the right of a member of the Service to submit a memorial to the President under, and in accordance with, the provisions of rule 25.
Subject to the provisions of rule 15 and the explanations to rule 6, a member of the service may prefer an appeal to the Central Government against all or any of the following orders, namely:--
(i) an order of suspension made or deemed to have been made under rule 3;
(ii) an order passed by a State Government imposing any of the penalties specified in rule 6;
(iii) an order of a State Government which--
(a) denies or varies to his disadvantage his pay, allowance 1[x x x x] or other conditions of service as regulated by rules applicable to him; or
(b) interprets to his disadvantage the provisions of any such rule; or
(c) has the effect of superseding him in promotion to a selection post;
(iv) an order of the State Government--
(a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; or
(b) reverting him while officiating in a higher grade or post to a lowe
No appeal preferred under these rules 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 1[appealed against is delivered to the appellant:]
Provided that the appellate authority may entertain the appeal after the expiry of the said period if it is satisfied that the appellate had sufficient cause for not preferring the appeal in time.
(1) Every member preferring an appeal shall do so separately and in his own name.
(2) Every appeal preferred under these rules shall be addressed to the Secretary to the Government of India in the 1[Department or the Ministry], as the case may be, dealing with the All India Service concerned and shall--
(a) contain all material statements and arguments relied on by the appellant;
(b) contain no disrespectful or improper language; and
(c) be complete in itself.
(3) Every such appeal shall be submitted through the head of the office under whom the appellant is for the time being serving and through the Government from whose order the appeal is preferred.
2[(4)(a) The authority which made the order appealed against shall, on receipt of a copy of every appeal, which is not withheld under rule 21, forward the same with its comments thereon together with the relevant records to the appellate authority within thirty days from
(1) In the case of an appeal against an order of the State Government imposing any penalty specified in rule 6, the Central Government shall consider--
(a) whether the procedure laid down in these rules has been complied with, and, if not, whether such non-compliance has resulted in violation of any provision of the Constitution of India or in the failure of justice;
(b) whether the findings of the disciplinary authority are warranted by the evidence on record; and
(c) whether the penalty imposed is adequate, inadequate or severe and pass orders--
(i) confirming, enhancing, reducing or setting aside the penalty; or
(ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case.
Provided that--
(i) the Commission shall be consulted before an order confirming, enhancing, reducing or setting aside a penalty is passed;
(ii) if
Every order passed by the Central Government in appeal under any of the relevant provisions of these rules shall be final and the State Government concerned shall forthwith give effect to such order.
(1) The State Government, from whose order an appeal is preferred, may withhold the appeal if--
(a) it is an appeal in a case in which under these rules there is no right of appeal, or
(b) it does not comply with the provisions of rule 18, or
(c) it is not preferred within the period specified in rule 17 and no reasonable cause is shown for the delay, or
(d) it is a repetition of a previous appeal which has already been decided and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case.
(2) In every case in which an appeal is withheld, the appellant shall be informed of the fact and the reasons therefore.
(3) An appeal withheld on account only of failure to comply with the provisions of rule 18 may be resubmitted at any time within one month of the date on which the appellant has been informed of the withholding of the appeal, and, if resubmitted in a form which complies with the said provisions, sha
The State Government shall forward to the Central Government on the first day of January and July every year a list of appeals to the Central Government withheld by them under rule 21 during the preceding six months together with the reasons for withholding the same.
The Central Government may call for any appeal which has been withheld by any State Government under rule 21, dealt with it in the manner laid down in rule 19 and pass such orders thereon as the Central Government thinks fit.
(1) Notwithstanding anything contained in these rules, the Central Government or the State Government concerned, as the case may be, may at any time not exceeding 6 months from the date of the order passed in appeal, if an appeal has been preferred, and where no such appeal had been preferred, within one year of the original order which gives the cause of action, either on its own motion or otherwise call for the records of any order relating to suspension or any inquiry and revise any order made under these rules or under the rules repealed by rule 30 from which an appeal is allowed. But from which no appeal has been preferred or from which no appeals is allowed, 2[x x x x] and may:
(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed, or
(c) remit the case to the authority which made the order directing such authority to make
The Central Government may at any time, either its own motion or otherwise, review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to its notice:
Provided that no order imposing or enhancing any penalty shall be made by the Central Government unless the member of the Service concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in rule 6 or to enhance a minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an enquiry under rule 8 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in rule 8, subject to the provisions of rule 14, and except after
1[(1) A member of the Service shall be entitled to submit a memorial to the President against any order of the Central Government or the State Government by which he is aggrieved:
Provided that--
(a) no memorial shall lie against any order which is interlocutory in nature or of the nature of step -in-aid for final disposal of disciplinary proceedings;.
(b) such memorial shall be submitted only after all other remedies provided in these rules, including appeal, review and revision have been exhausted;
(c) such memorial shall be submitted within a period of ninety days, from the date of passing of an order in any appeal, review or revision, as the case may be, by the Central Government or the State Government as the case may be.
2[Explanation.-- In this sub-rule, the expression 'member of the Service' includes a person who has ceased to be a member of the Service.]
(2) Every such memorial shall be authenticated by
In cases where an appeal is preferred or a memorial is submitted under these rules, the appellant or the memorialist, as the case may be, may, if he do desires, forward an advance copy to the appellate authority in the case of an appeal or to the President of India in the case of a memorial.
Every order, notice and other process made or issued under these rules shall be served in person on the member of the Service concerned or communicated to him by registered post.
Save as otherwise expressly provided in these rules, the Central Government or the State Government, as the case may be, may, for good and sufficient reasons or if sufficient cause is shown extend the time specified in these rules for anything required to be done under these rules or condone any delay.
Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and, where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished to the member of the Service concerned along with a copy of the order passed in the case.
The All India Services (Discipline and Appeal) Rules, 1955, are hereby repealed.
Provided that--
(a) such repeal shall not affect the previous operation of the said rules, or anything done, or any action taken, hereunder;
(b) any proceedings under the said rules, pending at the commencement of these rules shall be continued and disposed of, as far as 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 hereby repealed (hereinafter referred to as the repealed rules).
(3) An appeal pending at the commencement of these rules against any order made before such commencement under the repealed rules shall be considered and orders thereon shall be made, in accordance with these rules, as if such orders were made and the appeal was pre
Where a doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Central Government for its decision.
1[SCHEDULE 1 1. Composition of Review Committees:-- (a) The Review Committee constituted by the Central Government shall consist of (i) Secretary to the Government of India in the concerned Ministry/Department -- Chairman. (ii) Additional Secretary/Joint Secretary in charge of Administration in the concerned Ministry/Department--Member. (iii) Any other Additional Secretary/Joint Secretary in the concerned Ministry/Department-- Member. Note: The Committee may, if considered necessary, co-opt an officer of the Department of Personnel and Training with the approval of Secretary (Personnel), Ministry of Personnel, Public Grievances and Pe S.4
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