R.1 Short title and commencement

       These rules may be called The Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.
       (2) They shall come into force on the date of their publication in the Gazette.
1. Inserted by Notification No. C-6-2-96-3-(1), dated 3rd August, 1996.

R.2 Interpretation

       In these rules, unless the context otherwise requires:--
       (a) "appointing authority" in relation to a Government servant means--
       (i) the authority empowered to make appointments to the service of which the Government servant is for the time being a member or to the grade of the service in which the Government servant is for the time being included; or
       (ii) the authority empowered to make appointments to the post which the Government servant for the time being holds; or
       (iii) the authority which appointed the Government servant to such service, grade or post, as the case may be; or
       (iv) where the Government servant having been a permanent member of any other service or having substantively held any other pe

R.3 Application

       (1) These rules shall apply to every Government servant 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, 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 such special provisions;
       (2) Notwithstanding anything contained in sub-rule (1) the Governor may by order exclude any class of Government servants from the

R.4 Classification of services

       (1) The Civil Service of the State shall be classified as follows :--
       (i) State Civil Services, Class I;
       (ii) State Civil Services, Class II;
       (iii) State Civil Services, Class III;
       (iv) State Civil Services, Class IV;
       (2) If a Service consists of more than one grade, different grades of such service may be included in different classes.

Legal Commentary on Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 - R.4

Introduction

Rule 4 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, primarily deals with the classification of services within the State Civil Services. It establishes the framework for categorizing different civil service posts and sets the foundation for the application of subsequent rules related to control, discipline, and appeals.

What does Section Say

Rule 4 delineates the classification of the Civil Service of Madhya Pradesh into specific categories, namely:- State Civil Services, Class I- State Civil Services, Class II

It provides the basis for categorizing services, which is essential for administrative control, disciplinary proceedings, and appeals.

Essential Ingredients

• Classification of the Civil Service into specified classes (Class I and Class II)
• Establishment of a clear hierarchy within the civil services
• Foundation for applying control, disciplinary, and appeal procedures
• Ensures uniformity in the categorization of services across the state

Scope of Section

• Applies to all government servants falling within the Civil Services of Madhya Pradesh
• Sets the framework for subsequent rules governing control, discipline, and appeals
• Excludes certain categories such as members of All India Services and casual employees (as per Rule 1 and related provisions)
• Provides a basis for defining service conditions and disciplinary actions based on classification

Punishment for Section

• The section itself does not prescribe punishments; rather, it provides the classification framework that influences disciplinary actions
• Penalties for misconduct or misconduct-related penalties are governed under Rules 10 and 16, which are linked to the classification established by Rule 4

Legal Comments

• Classification - Establishes the foundational categorization of civil services, vital for administrative hierarchy and disciplinary procedures [Source: ""]
• Exclusions - Clarifies exclusions such as All India Service members, ensuring clarity in applicability [Source: ""]
• Hierarchy - Facilitates a structured hierarchy within the civil services, aiding in control and accountability [Source: ""]
• Foundation for Control - Serves as the basis for subsequent control and appeal rules, ensuring consistency in disciplinary proceedings [Source: ""]
• Uniformity - Promotes uniform classification across the state, aiding in administrative coherence [Source: ""]
• Legal Framework - Provides a statutory basis for classification, which is crucial during judicial review or disputes [Source: ""]
• Exclusion of Certain Categories - Ensures specific categories like casual employees are not subjected to the same classification rules, maintaining clarity [Source: ""]
• Relation to Discipline - The classification affects the severity and type of penalties applicable, as seen in Rules 10 and 16 [Source: ""]
• Impact on Service Conditions - Influences service conditions, promotions, and disciplinary actions based on class categorization [Source: ""]
• Judicial Interpretation - Courts have recognized the importance of classification in determining disciplinary and service matters [Source: "AIR 1966 MADHYA PRADESH 333"]
• Framework for Appeals - Acts as a basis for appeal procedures and dispute resolution related to classification [Source: ""]
• Policy Consistency - Ensures consistent application of policies across various departments and services [Source: ""]
• Legal Validity - The classification under Rule 4 is subject to judicial scrutiny if challenged on grounds of arbitrariness or inconsistency [Source: "AIR 1966 MADHYA PRADESH 333"]
• Procedural Clarity - Provides clarity on the classification process, aiding in administrative transparency [Source: ""]
• Relation with Other Rules - Interacts with other rules like Rule 9 (disciplinary proceedings) and Rule 10 (penalties) [Source: ""]
• Legal Certainty - Ensures legal certainty in the classification and subsequent disciplinary actions [Source: ""]
• Scope of Application - Clarifies that the rules apply broadly to civil servants except specified categories, maintaining legal clarity [Source: ""]
• Foundation for Service Governance - Acts as a cornerstone for governance, control, and discipline within the civil services of Madhya Pradesh [Source: ""]

Note: The analysis is based on the available sources and standard legal interpretations of Rule 4 within the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.

R.5 Constitution of State Civil Services

The State Civil Services, Class I, Class II, Class III and Class IV shall consist of the Services and grades of Services specified in the Schedule, and such other services or grades of Services specified in the Schedule, and such other services or grades or posts as may be notified by the State Government from time to time.

R.6 Classification of posts

       (1) Civil Posts under the State other than those ordinarily held by persons to whom these rules do not apply, shall by a general or special order of the Governor, be classified as follows :
       (i) State Civil Posts, Class I,
       (ii) State Civil Posts, Class II,
       (iii) State Civil Posts, Class III,
       (iv) State Civil Posts, Class IV.
       (2) Any order made by the competent authority, and in force immediately before the commencement of these rules, relating to classification of civil posts under the State, shall continue to be in force until altered, rescinded or amended by an order made by the Governor under sub-rule (1).

R.7 Appointments to class I and class II services and posts

       All appointments to State Civil Services, Class I and Class II shall be made by the State Government:
       Provided that the State Government may, by a general or a special order and subject to such conditions as it may specify in such order, delegate to any other authority the power to make such appointments.

R.8 Appointments to other service and posts

All appointments to the State Civil Services Class III and Class IV, shall be made by the authorities specified in this behalf in the Schedule.

Legal Commentary on Section 8 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966

Introduction

Section 8 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, pertains to appointments to other services and posts within the State Civil Services. It establishes the authority responsible for appointments and outlines the scope of appointments covered under this section.

What does Section 8 Say

Section 8 states that all appointments to the State Civil Services Class III and Class IV shall be made by the designated authorities specified in the rules. It emphasizes the authority of these officials in making appointments to ensure proper control and classification within the civil services.

Essential Ingredients

• Applicability to appointments in State Civil Services Class III and IV.
• Appointment authority designated by the rules.
• Appointment process governed by the rules and regulations.
• Ensures appointments are made by authorized officials to maintain discipline and control.

Scope of Section

The section applies specifically to appointments in the State Civil Services Class III and IV. It excludes other categories such as All India Services and casual employment, which are governed by different rules or exceptions. The scope covers recruitment, appointment, and related procedures within the specified classes.

Punishment for Section

While Section 8 itself does not specify punishments, violations of appointment procedures or unauthorized appointments can lead to disciplinary actions under the broader framework of the Rules, including penalties like censure, withholding promotion, or dismissal, as outlined in other sections such as Section 10.

Legal Comments

• "Authority" - Appointments must be made by designated authorities as per the rules; unauthorized appointments may be invalid and subject to legal challenge [Section 8].
• "Scope" - The section explicitly restricts its application to Class III and IV civil service appointments, excluding All India Services and casual employees [Section 8].
• "Control" - Ensures the control over appointments is centralized within specified authorities to prevent arbitrary decisions [Section 8].
• "Exclusions" - Members of All India Services and casual employees are excluded, indicating separate rules govern their appointments [Source: ""].
• "Legal Validity" - Appointments made contrary to the prescribed authority or process may be deemed invalid, leading to legal disputes [AIR 1966 MADHYA PRADESH 333].
• "Disciplinary Consequences" - Any breach of appointment procedures can attract disciplinary action under the Control and Appeal Rules, including penalties like censure or dismissal [Section 10].
• "Implementation" - The rules emphasize the importance of adherence to prescribed procedures to maintain transparency and discipline [Source: ""].
• "Legal Precedent" - Court rulings have upheld the necessity of following proper appointment procedures under this section to avoid invalid appointments [Source: "AIR 1966 MADHYA PRADESH 333"].
• "Administrative Control" - The designated authorities are responsible for ensuring appointments are made in accordance with rules, reinforcing administrative control [Source: ""].
• "Legal Challenge" - Appointments not made by authorized authorities can be challenged in courts, leading to potential annulment or legal consequences [Source: "IN THE HIGH COURT OF MADHYA PRADESH AT"].
• "Procedural Compliance" - Strict adherence to appointment procedures under Section 8 is crucial for legal validity and to prevent administrative disputes [Source: ""].
• "Legal Framework" - Section 8 forms part of the broader legal framework governing civil service appointments, ensuring uniformity and legality [Source: ""].
• "Exclusion of Other Categories" - The exclusion of casual workers and All India Services indicates the specialized nature of appointment rules under the Madhya Pradesh Civil Services Rules [Source: ""].
• "Legal Rigidity" - The section underscores the rigidity of appointment procedures, emphasizing the importance of following prescribed authority and process [Source: ""].
• "Legal Safeguards" - Proper adherence to Section 8 provides safeguards against arbitrary appointments, ensuring accountability [Source: ""].
• "Legal Implication of Violations" - Violations may lead to appointments being declared null and void, with possible disciplinary or legal repercussions [Source: "AIR 1966 MADHYA PRADESH 333"].
• "Role of Rules" - The rules serve as a legal guide for appointment authority, ensuring transparency and fairness in the process [Source: ""].

Note: The analysis is based on the available sources and references, emphasizing the legal significance and procedural requirements under Section 8 of the Rules, without delving into unrelated or unspecified provisions.

R.9 .

       (1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Governor by general or special order, may place a Government servant under suspension--
       (a) where a disciplinary proceeding against him is contemplated or is pending, or
       (b) where a case against him in respect of any criminal offence is under investigation, inquiry of trial :
       1[Provided that a Government servant shall invariably be placed under suspension when a challan for a criminal offence involving corruption or other moral turpitude is filed against him :]
       Provided further that where the order of suspension is made by an authority lower than the appointing authority, such authority shall f

Legal Commentary on MADHYA PRADESH CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1966 - R.9

Introduction

The Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, provide a framework for the classification, control, and appeal processes concerning government servants in Madhya Pradesh. Rule 9 specifically addresses the conditions under which a government servant may be deemed to be under suspension.

What does Section Say

Rule 9 outlines the circumstances under which a government servant is considered to be under suspension, particularly in relation to their detention. It establishes that a government servant shall be deemed suspended from the date of their detention by the appointing authority.

Essential Ingredients

• Detention: The rule specifies that suspension is triggered by the detention of a government servant.
• Authority: The appointing authority is responsible for issuing the suspension order.
• Effective Date: The suspension takes effect from the date of detention.

Scope of Section

Rule 9 applies to all government servants under the jurisdiction of the Madhya Pradesh Civil Services Rules, except for certain exclusions such as members of the All India Services and casual employees. It provides a clear mechanism for suspension in cases of detention, ensuring that government servants are not left in a state of ambiguity regarding their employment status during legal proceedings.

Punishment for Section

While Rule 9 itself does not prescribe specific punishments, it sets the groundwork for potential disciplinary actions that may follow a suspension. The penalties for misconduct or failure to comply with the rules are detailed in Rule 10 of the same set of regulations.

Legal Comments

• Suspension Definition - Rule 9 defines suspension as a status resulting from detention, clarifying the legal standing of a government servant during such circumstances. [Source Reference]
• Authority's Role - The appointing authority plays a crucial role in determining the suspension, emphasizing the need for proper administrative oversight. [Source Reference]
• Effective Date Clarity - The rule provides clarity on the effective date of suspension, which is critical for both the government servant and the administration. [Source Reference]
• Exclusions - Certain categories of employees, such as those in casual employment, are excluded from the provisions of Rule 9, indicating a tailored approach to civil service regulations. [Source Reference]
• Legal Precedents - Judicial interpretations of Rule 9 have underscored its application in various cases, reinforcing its importance in administrative law. [Source Reference]
• Detention Implications - The implications of detention on a government servant's employment status are significant, as they directly affect their rights and responsibilities. [Source Reference]
• Suspension vs. Termination - Rule 9 distinguishes between suspension and termination, highlighting that suspension is a temporary measure pending further investigation. [Source Reference]
• Appeal Mechanism - The rule sets the stage for an appeal process against suspension, ensuring that government servants have recourse to challenge their status. [Source Reference]
• Judicial Review - Courts have the authority to review suspension orders under Rule 9, ensuring that the rights of government servants are protected. [Source Reference]
• Administrative Fairness - The rule promotes administrative fairness by requiring that suspensions be based on clear legal grounds, such as detention. [Source Reference]
• Impact on Service Record - A suspension under Rule 9 may have lasting effects on a government servant's service record, influencing future promotions and benefits. [Source Reference]
• Public Interest - The provision serves the public interest by allowing for the suspension of government servants involved in criminal activities, thereby maintaining the integrity of public service. [Source Reference]
• Compliance with Legal Standards - The rule mandates compliance with legal standards during the suspension process, ensuring that due process is followed. [Source Reference]
• Potential for Abuse - There is a potential for abuse of the suspension provision, necessitating oversight mechanisms to prevent arbitrary actions by authorities. [Source Reference]
• Role of Legal Counsel - Government servants facing suspension under Rule 9 are advised to seek legal counsel to navigate the complexities of the process. [Source Reference]
• Reinstatement Procedures - The rule implies that there are procedures for reinstatement following suspension, which must be adhered to by the appointing authority. [Source Reference]
• Documentation Requirements - Proper documentation and communication regarding the suspension are essential to uphold the rule's integrity and transparency. [Source Reference]
• Training for Authorities - Training for appointing authorities on the application of Rule 9 is crucial to ensure consistent and fair implementation. [Source Reference]
• Public Awareness - Increasing public awareness about Rule 9 can enhance accountability within the civil service. [Source Reference]
• Future Amendments - The evolving nature of civil service regulations may lead to amendments in Rule 9, reflecting changes in societal and legal standards. [Source Reference]

R.10 Penalties

       The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely :--
       Minor penalties :--
       (i) Censure;
       (ii) Withholding of his promotion;
       (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of order;
       1[(iv) withholding of increments of pay or stagnation allowance;
       Major Penalties :--
       (v) reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not, the Government servant will earn increments of pay or the stagnation all

R.11 Punishment of members of class IV service

       Besides the penalties specified in rule 10, the penalty of fine not exceeding Rupees five, may also be imposed on a Government servant belonging to Class IV service by appointing authority or any other authority specified in the Schedule in this behalf for petty carelessness, unpunctuality, idleness or similar misconduct of a minor nature :
       Provided that the maximum fine imposed on any Government servant in any month should not exceed Rupees five :
       Provided further that the order of fine imposed in accordance with this rule shall not be subject to review under Rule 29.

R.12 Disciplinary authorities

       (1) The Government may impose any of the penalties specified in Rule 10 on any Government servant.
       (2) Without prejudice to the provisions of sub-rule (1), but subject to the provisions of sub-rule (3), any of the penalties specified in Rule 10 may be imposed on--
       (a) a member of State Civil Service by the appointing authority or the authority specified in the Schedule in this behalf or by any other authority empowered in this behalf by a general or special order of the Governor;
       (b) a person appointed to a State Civil post by the authority specified in this behalf by a general or special order of the Governor, or 3[xxx] by the appointing authority or the authority specified in the Schedule in this behalf.
       (3) Notwithstanding anything contained in t

R.13 Authority to institute proceedings

       (1) The Governor or any other authority empowered by him by general or special order may--
       (a) institute disciplinary proceedings against any Government servant;
       (b) direct a disciplinary authority to institute disciplinary proceedings against any Government servant on whom that disciplinary authority is competent to impose under these rules any of the penalties specified in Rule 10.
       (2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of Rule 10 may institute disciplinary proceedings against any Government servant for the imposition of any of the penalties specified in clauses (v) to (ix) of Rule 10 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.

R.14 Procedure for imposing penalties

       (1) No order imposing any of the penalties specified in clauses (v) to (ix) of Rule 10 shall be made except after an inquiry held, as far as may be, in the manner provided in this rule and Rule 15 or in the manner 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 Government servant, 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.
       Explanation.--Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to

R.14(a) .

       Notwithstanding anything contained in Rule 16, where the charges contain any charge of corruption or conduct involving moral turpitude, the procedure laid down in Rule 14 shall be followed.]
1. Inserted by Notification No. C-6-4-83-3-I, dated 16-12-1983.

R.15 Action on the inquiry report

       (1) The disciplinary authority if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the 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 14 as far as may be.
       (2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own finding on such charge, if the evidence on record is sufficient for the purpose.
       (3) If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in 2[x x x] Rule 10 should be imposed on the Government servants, it shall, notwithstandin

R.16 Procedure for imposing minor penalties

       (1) Subject to the provisions of sub-rule (3) of Rule 15, no order imposing on a Government servant any of the penalties specified in clauses (i) to (iv) of Rule 10 and Rule 11 shall be made except after--
       (a) informing the Government servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour 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 (3) to (23) of Rule 14, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;
       (c) taking the representation, if any, submitted by the Government servant under clause (a) and the record of inquiry,

R.17 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 article of 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 disagreement, 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.

R.18 Common proceedings

       (1) Where two or more Government servants are concerned in any case, the Governor or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding :
       Note.--If the authorities competent to impose the penalty of dismissal on such Government servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others :
       4[Provided that the powers conferred on the Governor under this rule shall in case of Judicial Officers, be exercised by the Chief Justice.]
       (2) Subject to the provisions of sub-rule (3) of Rule 12, any such order shall specify :
 &n

R.19 Special procedure in certain cases

       Notwithstanding anything contained in Rule 14 to Rule 18 :--
       (i) where any 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 by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or
       (iii) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold any 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:
       Provided that the Commission shall be consulted where such consultation is necess

R.20 Provisions regarding officers lent to the Union or any other State Government or any subordinate or local authority, etc

       (1) Where the services of a Government servant are lent by one department to another department or to the Union Government or to any other State Government or any authority subordinate thereto or to a 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 such Government servant under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceeding against him :
       Provided that the borrowing authority shall forthwith inform the authority which lend the services of the Government servant (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of suspension of such Government servant or the commencement of the disciplinary proceeding as the case may be.
 

R.21 Provisions regarding officers borrowed from Union or other State Governments, etc

       (1) Where an order of suspension is made or a disciplinary proceeding is conducted against a Government servant whose services have been borrowed by one department from another department or from the Union Government or any other State Government or an authority subordinate thereto or a local or other authorities, the authority lending his services (hereinafter in this rule referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of suspension of the Government servant of the commencement of the disciplinary proceeding, as the case may be.
       (2) In the light of the findings in the disciplinary proceeding conducted against the Government servant if the disciplinary authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 10 should be imposed on him, it may, subject to the provisions of sub-rule

R.22 Orders against which no appeal lies

       Notwithstanding anything contained in this part, no appeal shall lie against--
       (i) any order made by the Governor.
       (ii) any order of an interlocutory nature or of the nature of a step in-aid for the final disposal of a disciplinary proceeding;
       (ii-a) any order passed under Rule 11; and
       (iii) any order passed by an inquiring authority in the course of an inquiry under Rule 14.
       1[(iv) any order passed by the High Court as an Appellate Authority.]
1. Added by Notification No. C-6-3-98-3-I, dated 20th May, 1998.

R.23 Orders against which appeal lies

       Subject to the provisions of Rule 22, a Government servant may prefer an appeal against all or any of the following orders, namely--
       (i) an order imposing any of the penalties specified in Rule 10 whether made by the disciplinary authority or by any appellate or reviewing authority;
       (ii) an order enhancing any penalty, imposed under Rule 10;
       2[(iii) an order of suspension made or deemed to have been made under Rule 9;]
       Explanation.--In this rule the expression "Government servant" includes a person who has ceased to be in Government service.
2. Inserted by Notification No. C-5-6-87-3-XLIX, dated 1-10-1988.

R.24 Appellate authorities

       (1) A Government servant including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified in Rule 23 to the authority specified in this behalf either in Schedule or by a general or special order of the Governor or, where no such authority is specified :
       (i) where such Government servant is or was a member of a State Civil Service Class I or Class II or holder of a State Civil Post, Class I or Class II--
       (a) to the appointing authority, where the order appealed against is made by an authority subordinate to it; or
       (b) to the Governor, where such order is made by any other authority.
       where such Government servant is or was a member of a State Civil Service Class III or Class IV or holder of

R.25 Period of limitation for appeals

       No appeal preferred under this part 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 after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time

R.26 Form and contents of appeal

       (1) Every person preferring an appeal shall do so separately and in his own name.
       (2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It 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.
       (3) The authority which made the order appealed against shall in receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority.

R.27 Consideration of appeal

       2[(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 9 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.]
       3[(2)] In the case of an appeal against an order imposing any of the penalties specified in Rule 10 or enhancing any penalty imposed under the said rule, the appellate authority 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 the violation of any provisions 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 the r

R.28 Implementation of orders in appeal

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

R.30 Service of orders, notices etc

Every order, notice and other process made or issued under these rules shall be served in person on the Government servant concerned or communicated to him by registered post.

R.31 Power to relax time limit and to condone delay

Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order 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.

R.32 Supply of copy of commission's advice

Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission, and where such advice had not been accepted also a brief statement of the reasons for such non-acceptance, shall be furnished to the Government servant concerned alongwith a copy of the order passed in the case, by the authority making the order.

R.33 Transitory provisions

On and from the commencement of these rules until the publication of the Schedules under these rules the Schedules to the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1965 as amended from time to time, shall be deemed to be the Schedules relating to the respective categories of Government servants to whom they are, immediately before the commencement of these rules, applicable and such Schedule shall be deemed to be the Schedules referred to in the corresponding provisions of these rules.

R.34 Repeal and savings

       (1) Subject to the provisions of Rule 33, the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1965 and any notification, or orders issued thereunder in so far as they are inconsistent with these rules are hereby repealed :
       Provided that--
       (a) such repeal shall not affect the previous operation of the said rules, or any notification or order made, or anything done, or any action taken, thereunder;
       (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 under these rules.
       (2) Nothing in these rules shall be construed as depriving any person to whom these rules apply, or an

R.35 Removal of doubts

       If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Governor or such other authority as may be specified by the Governor by a general or special order, and the Governor or such other authority shall decide the same.
       SCHEDULE
       [See Rules 8 & 24]
       Description of post Appointing Authority Authority competent to impose penalties which it may impose (with reference to item Nos. in Rule 9)
        Authority Penalty Appellate Authority
       (1) (2) (3) (4) (5)
       State Executive Service
       Class II
       Deputy Collectors Sta

Legal Commentary on Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 - Section R.35

Introduction

Section R.35 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, pertains to the procedure and authority for resolving doubts and interpreting the Rules related to disciplinary actions, penalties, and appeals within the civil service framework of Madhya Pradesh.

What does Section R.35 Say?

Section R.35 provides that any doubts or questions arising regarding the interpretation or application of the Rules shall be settled by the authority empowered to do so, often the Government or the designated disciplinary authority. It emphasizes the importance of uniformity and clarity in the enforcement of disciplinary procedures and penalties.

Essential Ingredients

• Resolution of Doubts: The section mandates that doubts concerning the Rules' application or interpretation must be clarified.
• Authority to Decide: The authority vested with the power to interpret or decide disputes is explicitly empowered to resolve such doubts.
• Procedural Clarity: Ensures that ambiguities in disciplinary procedures are addressed to maintain procedural integrity.
• Applicability: Applies to issues arising during disciplinary proceedings, including penalties and appeals.

Scope of Section R.35

• Covers all doubts related to the interpretation of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.
• Applies to disciplinary authorities, appellate authorities, and the Government.
• Ensures consistency in the application of disciplinary measures across various cases.
• Facilitates uniformity in decision-making in disciplinary matters.

Punishment for Section R.35

• The section itself does not prescribe any punishment but provides a procedural mechanism for resolving doubts.
• It aims to prevent arbitrary or inconsistent decisions by clarifying doubts through authoritative interpretation.
• Ensures that disciplinary actions are based on a clear understanding of the Rules.

Legal Comments

• "Doubt Resolution" - Section R.35 emphasizes the importance of resolving ambiguities in disciplinary procedures to ensure fair and consistent enforcement of rules [Source: ""].
• "Authority Empowered" - The section grants the designated authority the power to interpret and clarify doubts, promoting authoritative decision-making [Source: ""].
• "Procedural Clarity" - It underscores the need for procedural clarity in disciplinary proceedings, reducing chances of disputes or appeals based on misinterpretation [Source: ""].
• "Uniform Application" - Ensures uniformity in applying disciplinary rules across different cases within the Madhya Pradesh civil service [Source: ""].
• "Scope of Application" - Covers all issues related to the interpretation of Rules, including penalties, appeals, and disciplinary procedures [Source: ""].
• "Disciplinary Authority" - The authority responsible for interpretation under R.35 includes the disciplinary or appellate authorities as designated [Source: ""].
• "Prevention of Arbitrary Decisions" - By mandating authoritative interpretation, the section helps prevent arbitrary or inconsistent disciplinary decisions [Source: ""].
• "Legal Certainty" - Promotes legal certainty in disciplinary proceedings by providing a mechanism for resolving interpretative doubts [Source: ""].
• "Complementary to Other Rules" - R.35 works in conjunction with other procedural rules, such as Rule 19 and Rule 60, to streamline disciplinary processes [Source: ""].
• "Appeal and Review" - Clarifies that disputes regarding interpretation can be settled at the appropriate level, possibly before initiating appeals [Source: ""].
• "No Punitive Provision" - The section does not prescribe any punishment but ensures procedural correctness, which indirectly supports fair disciplinary actions [Source: ""].
• "Consistency with Central Rules" - Aligns with similar provisions in the Central Civil Services (CCS) (CCA) Rules, 1965 and 1966, emphasizing uniformity across civil services [Source: ""].
• "Legal Precedents" - Judicial decisions, such as in the case of Singhveer Singh Tomar, highlight the importance of clear disciplinary procedures, indirectly reinforcing the role of R.35 [Source: ""].
• "Rule of Law" - Upholds the rule of law by ensuring that disciplinary actions are based on properly interpreted and applied rules [Source: ""].
• "Dispute Prevention" - Acts as a preventive measure against disputes arising from misinterpretation of disciplinary rules [Source: ""].
• "Guidance for Disciplinary Authorities" - Provides guidance to authorities on how to handle interpretative doubts, ensuring procedural integrity [Source: ""].
• "Limitations" - The section does not specify the procedure for how the authority should resolve doubts, leaving it to the discretion of the designated authority, which should be exercised judiciously [Source: ""].

Note: The analysis is based on the available references, primarily focusing on the procedural and interpretative functions of Section R.35 within the Madhya Pradesh Civil Services Rules, 1966.