Punishment & Appeal Rules Haryana–1987 - HIPA

Punishment & Appeal Rules
Haryana–1987
Devendra Singh
Faculty of Computer Science
HIPA

Introduction
The initiation of disciplinary action is the weapon
of last resort, but no doubt it has to be resorted to
in many situations.
Where an employee commit repeated mistakes in
spite of warnings in the past, and disregards the
provisions of Employees’ Conduct Rules,
disciplinary proceedings have to be initiated
against him.
The Haryana Civil Services (Punishment & Appeal)
Rules – 1987 lay down the Penalties, which could
be inflicted on the employee and also lays down
the procedure for initiating departmental
proceedings for any misconduct.

Constitutional Provisions – Art. 311:
The entire procedure for departmental proceedings
awarding any punishment stems from Art.311 of
our Constitution .The said article stipulates that
punishment of dismissal, removal or reduction in rank
shall be awarded only by the Appointing authority;
no member of a civil service shall be awarded this
punishment except after an inquiry;
the charged person is given a reasonable opportunity;
and
the requirement of inquiry can be dispensed with under
certain circumstances [Art. 311(2)]

What is reasonable opportunity?
As elaborated by Hon’ble Supreme Court the
reasonable opportunity shall require to be provided to
the charged person:-
An opportunity to deny his guilt and establish his
innocence which he can only do, if he is told what the
charges leveled against him are and the allegations on
which such charges are based;
An opportunity to defend himself by cross-examining
the witnesses produced against him and by examining
himself or any other witnesses to support his defence
and finally;

An opportunity to make his representation as to why
the proposed punishment should be inflicted on him

Procedure for Disciplinary Proceedings:
According to rule 4 of the Haryana Civil Services
(Punishment & Appeal) Rules – 1987, the following
penalties enumerated therein can be for good and
sufficient reasons imposed upon the members of the
Service to whom the said rules are applicable.
A – Minor Penalties
warning with a copy in the personal file (character roll);
censure;
withholding/stoppage of increments of pay without
cumulative effect.
withholding of promotion for a specific period;
Conti…

ecovery from pay of the whole or part of any pecuniary
loss caused by negligence or breach of orders, or the
Central government or a State Government or to a
Company and association or a body of individuals,
whether incorporated or not, which is wholly or
substantially owned or controlled by the Government or
to a local authority set up by an Act of Parliament or of the
legislature of a State during discharge of official duty.
Conti…

Procedure for Disciplinary Proceedings:
B – Major Penalties
withholding of increments of pay with cumulative effect.
reduction to a lower stage in the time scale of pay for a
specified period, with further directions as to whether or not
the employee will earn increments of pay during the period
of such reduction and whether on the expiry of such period,
the reduction will or will not have the effect of postponing
the future increments of his pay;
reduction to a lower scale of pay, grade, post or service
which shall ordinarily be a bar to the promotion of the
employee to the time scale of pay , grade, post or service
from which he was reduced, with or without further
directions regarding conditions of restoration to the grade
or post or service from which the employee was reduced
and his seniority and pay on such restoration to that grade,
post or service;

compulsory retirement;
removal from service which shall not be a
disqualification for future employment under the Govt.;
dismissal from service which shall ordinarily be a
disqualification for future employment under the Govt.

PRELIMINARY ENQUIRY (GENERAL)
It is not obligatory in every case to hold a preliminary
enquiry or what is known as fact finding enquiry. However,
when a complaint is received against an employee or
otherwise some act of commission or omission on the part
of the employee comes to the notice of the appropriate
authority, it may be desirable to know as to how far the
imputations or allegations leveled against the employee
concerned have some substance and warrant initiation of
disciplinary action against him.
With this end in view, a preliminary enquiry may be
conducted. The sole purpose of preliminary enquiry is to
decide whether or not there is a prima facie case against the
employee for proceeding against him.

This object can be achieved by holding a preliminary enquiry in different
ways. It may be done by asking for the explanation of the employee
concerned or by holding an enquiry through a departmental officer or by
referring the mater for enquiry to some other agency such as Vigilance
Department or C.I.D.
A brief record of the proceedings should be prepared in writing. The
enquiry should conclude into a report which should contain the findings
as to whether there seems to be some substance in all or some of the
allegations and to what extent a particular employee is responsible.

Action on preliminary enquiry report
The Competent Authority should examine the report and
should decide whether action should be taken for
imposing one of the major penalties. If it is so decided
than an enquiry into the allegations against the employee
should be held, keeping in view the provisions of article
311 (2) and rule 7 of Haryana Civil Services (Punishment
& Appeal) Rules – 1987.

Procedure for Inflicting Major Penalty [under
Rule 7 of P & A Regulations
Issue of Statement of charges and allegations
Requisite of a valid charge
Incompetence,
Inefficiency and insubordination,
Neglect of duty,
Absence from duty,
Conduct unbecoming of an officer,
General behaviour un-befitting of his position,
Exercise of usually bad judgment,

Procedure for Inflicting Major Penalty [under
Rule 7 of P & A Regulations
Disloyalty; derogatory remarks against a superior or other
employees,
Absence without leave,
Soliciting bribes,
False statements made in the course of employment;
failure to report when ordered to do so,
Unprofessional conduct,
Uncooperativeness
Mis appropriation of Money or Material

Facilities for copies of records and statements
The charged employee may like to inspect or require copies of
the documents for submitting his explanation to the charge
sheet. Competent Authority is not bound to supply copies of
documents

Who can issue Charge-sheet
The charge-sheet can be issued by –
The appointing authority
The disciplinary authority
Officers other than AA/DA, if authorized by Rules Higher Authority
The decision to charge-sheet shall be taken by competent
authority
Competent Authority can amend the charge or can withdraw
charge
Delay in giving charge sheet to be avoided
There is no particular form of charge-sheet
Charge should contain full particulars capable of being
intelligently understood
It is desirable to mention specific name of offence

Reply of the delinquent and its examination:
The delinquent official has to submit his written reply within the
time specified, unless it is extended by the competent authority. It is
not incumbent on the Competent authority to wait indefinitely for the
reply or to give extension of time whenever requested. It is open to
such authority to proceed to hold the enquiry in the absence of any
reply.
In the reply the official is expected to meet the various
allegations on the basis of which the charges had been framed and
to give his own version. If he admits the charges and asks for
mercy, there is an end of the matter and no enquiry need be held. If
the Punishing Authority decides not to award any penalty, the
proceedings should be dropped. If, however, he decides to the
contrary, it would be necessary to give the delinquent a second
show cause notice in order to afford him an opportunity to urge
against the proposed penalty.

In case the competent authority is satisfied with the
explanation given by charged person, it may drop the
charge sheet without resorting to the procedure of
conducting enquiry. Similarly if the competent authority
after considering the reply of the charged person is of the
opinion that awarding of minor punishment shall meet the
end of justice, then the authority competent may award
minor punishment without following the procedure of
conducting the enquiry.
[Haryana Govt. Notification dated 6.7.2007 circulated
vide letter No.62/32/2006-6GSI, dated 23.7.2007]

Rule 8 of the Haryana Civil Services
(Punishment and Appeal) Rules , 1987
Rule 8 of the aforesaid rules, which reads as under, lays down the procedure
which should be followed while imposing any of the minor penalties.
"8. Without prejudice to the provisions of rule 7 no order for imposing a
minor penalty shall be passed on a Government employee unless he has
been given an adequate opportunity of making any representation that he
may desire to make , and such representation has been taken into
consideration.
Provided that this condition shall not apply in a case where an order based
on facts has led to his conviction in a criminal court or an order has been
passed superseding him for promotion to a higher post on the grounds of
his unfitness for that post on account of the existence of unsatisfactory
record:
Provided further that the requirements of this rule may, for sufficient
reasons to be recorded in writing be waived without injustice to the
Government employee concerned”

Rule 9 of the Haryana Civil Services (Punishment
and appeal) Rules, 1987 (Right of Appeal).
Rule 9 of the Haryana Civil Services (Punishment and
appeal) Rules, 1987 (Right of Appeal).
Rule 9 of the Haryana Civil Services (Punishment and
Appeal) Rules, 1987, provides for appeal against the
order of the punishing authority. It reads as under:-
Every person to whom these rules apply, shall be entitled
to appeal, as herein after provided, to such superior
authority, as may be prescribed by Government in the
rules regulating his conditions of services against an
order, not being an order of Government within 45 days

Rule 12 of the Haryana Civil Services (punishment and
Appeal) Rules, 1987 (Second Appeal)
Normally there is no right of second appeal. However,
rule 12 provides that a second appeal can be filed in the
cases mentioned therein. Rule 12 of the Haryana Civil
Services (Punishment and Appeal) Rules, 1987
From the above rule, it is clear that a Government
From the above rule, it is clear that a Government
employee can file a second appeal with the sixty days to
such authority as may be prescribed by the Government in
the rules regulating his conditions of service against the
order of the appellate authority by which the penalty has
been increased. There is no right of second appeal where
the appellate authority is the Government.

Rule 13 of the Haryana Civil Services (Punishment and
Appeal) Rules, 1987 (Right of revision).
Rule 13 of the Haryana Civil Services (Punishment
and Appeal) Rules, 1987, reads as under:-
"13, After an appeal or the second appeal provided in
rule 12 has been rejected, a person to whom these
rules apply, may apply for revision to such superior
authority as may be prescribed in the rules
regulating his condition of service:

Rule 14 of the Haryana Civil Services (Punishment and
Appeal) Rules, 1987 (Power to call for records).
Rule 14 (1) of the Haryana Civil Services (Punishment and
Appeal ) rules, 1987 , which deals with this subject , reads
as under:-
"14. (1)The Government or the Head of Department may call
for and examine the records of any case in which a
subroutine authority passed any order under rule 9 or has
inflicted any of the penalties specified in rule 4 or in which
no order has been passed or penalty inflicted and after
making further investigation, if any , may confirm, remit
reduce or subject to provisions of rules 7 and 8 inflict any of
the penalties specified in rule 4 ".

Rule 18 of the Haryana Civil Services (Punishment and
Appeal) Rules, 1987 (withholding of appeals or applications
for revision).
Rule 18 of the Haryana Civil Services (Punishment
and Appeal) Rules, 1987, lays down that an authority
subordinate to Government can withhold any appeal
of application for revision.
Memorial