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Assam Service (Discipline and Appeal) Rules, 1964

Last Updated 13th February, 2020 [ass348]

Part I

General

(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:

(c) "Commission" means the Assam Public Service Commission;

(d) "Disciplinary Authority" in relation to the imposition of a penalty on a Government Servant, means the authority competent under these rules to impose on him that penalty;

(e) "Government Servant" means a person who is a member of a service or who holds a civil post in connection with the affairs of the State of Assam and includes any person whose services are temporarily placed at the disposal of the Central Government or any State Government or a local or other authority and also any person in the service of a State Government or the Central Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Assam;

(f) "Schedule" means the schedule to these rules;

(g) "Service" means a civil service of the State of Assam.

(a) Persons in casual employment;

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

(c) Members of the All-India Services.

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

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

Part II

Appointing Authorities

Part III

Suspension

Part IV

Discipline

(i) Censure;

(ii) Withholding of increments or promotion;

(iii) Recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders to the Government of Assam or the Central Government or any other State Government, or any local or other authority to whom services of a Government servant had been lent;

(iv) Reduction to a lower Service, grade or post, or to a lower time-scale, or to a lower stage in a time-scale;

(v) Compulsory retirement;

(vi) Removal from service which shall not be a disqualification for future employment;

(vii) Dismissal from service which shall ordinarily be a disqualification for future employment

(a) Withholding of increments of a Government servant for failure to pass a departmental examination or successfully undergo training prescribed in accordance with the rules or orders governing the service or post or the terms of his appointment;

(b) Stoppage of a Government servant at an efficiency bar in the time-scale on the ground of his unfitness to cross the bar;

(c) Non-promotion whether in a substantive or officiating capacity of a Government servant, after due consideration of his case to a Service, grade or post for promotion to which he is eligible;

(d) Reversion to lower Service, grade or post of a Government servant officiating in higher Service, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher Service, grade or post or on administrative grounds unconnected with his conduct;

(e) Reversion to his permanent Service, grade or post of a Government servant appointed on probation to another Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation;

(f) Compulsory retirement of a Government servant after completion of 25 years qualifying service or 30 years qualifying service as the case may be, under the provisions of Articles 103, 104 of the Assam Pension Manual and Rule 1(2) of Section I of the Assam Liberalized Pension Rules:

(g) Termination of the Services-

(i) Of a Government servant appointed on probation, during or at the end of the period on probation, in accordance with the terms of his appointment or the rules and orders governing probation; or

(ii) Of a Government servant employed under an agreement in accordance with the terms of such agreement;

(iii) Of a Government servant whose term of appointment provides for the termination of service by either party giving notice for a specified period;

(iv) Of a Government servant in whose case the appointment is expressly stated to be on temporary basis and to have been sanctioned until further orders and it is also provided that his services may be terminated at any time without notice.

(i) the charges framed against the Government servant and the statement of allegations furnished to him under sub-rule (2);

(ii) His written statement of defence, if any;

(iii) The oral evidence taken in the course of the inquiry;

(iv) The documentary evidence considered in the course of the inquiry;

(v) The orders, if any, made by the Disciplinary Authority and the Inquiring Authority in regard to the inquiry; and

(vi) A report setting out the findings on each charge and the reasons therefore.

(b) The order imposing the penalty of censure shall however be passed, except after-

(i) The Government servant is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and given an opportunity to make any representation he may wish to make; and

(ii) Such representation, if any, is taken into consideration by the Disciplinary Authority.

(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 the said; or

(iii) Where the Governor is satisfied that in the interest of the security of the State, it is not expedient to follow such procedure,-

(i) If the Borrowing Authority is of the opinion that any of the penalties specified in clauses (1) to (iii) of Rule 7 should be imposed on him, it may, in consultation with the Lending Authority pass such orders on the case as it deems necessary:

(ii) If the Borrowing Authority is of the opinion that any of the penalties specified in clauses (iv) to (vii) of Rule 7 should be imposed on him, it shall replace his services at the disposal of the Lending Authority and transmit to it the proceedings of the inquiry and thereupon the Lending Authority may, if it is the Disciplinary Authority, pass such orders thereon as it deems necessary, or, if it is not the Disciplinary Authority submit the case to the Disciplinary Authority which shall pass such orders on the case as it deems necessary:

(i) If the Disciplinary Authority is of the opinion that any of the penalty specified in clause (i) to (iii) of Rule 7 should be imposed on him, it may, subject to the provisions of Rule 9 and in consultation with the Lending Authority pass such orders on the case as it deems necessary:

(ii) If the Disciplinary Authority is of the opinion that any of the penalties specified in clauses (iv) to (vii) of Rule 7 should be imposed on him it shall replace his services at the disposal of the Lending Authority and transmit to it the proceedings of the inquiry for such action as it deems necessary.

Part V

Appeals

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

(b) On receipt of the records under the proceeding clause of this sub-rule the committee shall see whether the disposal of the appeal was satisfactory or not. If the disposal is not found to be satisfactory, the committee shall re-hear the matter as if it were a review petition under Rule 26 of these rules and shall exercise all the powers vested in the Governor under the aforesaid rule. In all cases reviewed by the committee under this rule, there shall be no further review by the Governor.]

(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 immediately subordinate any (**) where the order is passed by the Governor, the appeal shall lie to the Governor.]

(a) Stopping a Government servant at the efficiency bar in the timescale on the ground of his unfitness to cross the bar;

(b) Reverting to a lower service, grade or post, a Government servant officiating in a higher service, grade or post, otherwise than as a penalty;

(c) Reducing or withholding the pension or denying the maximum pension admissible under the rules;

(d) Determining the pay and allowances for the period of suspension to be paid to a Government servant on his reinstatement or determining whether or not such period shall be treated as a period spent on duty for any purpose; and3

(e) Placing a Government servant under suspension, shall lie-

(i) In the case of an order made in respect of Government servant on whom the penalty of dismissal from services can be imposed only by the Governor to the Governor; and

(ii) In the case of an order made in respect of any other Government servant, to the authority to whom an appeal against an order imposing upon him the penalty of dismissal from service would lie.

(i) The expression "Government servant" includes a person who has ceased to be in Government service;

(ii) The expression "Pension" includes additional pension, gratuity and any other retirement benefit.

(i) It is 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 is shown for the delay; or

(iv) It is a repetition of an appeal already decided and new facts or circumstances of material importance are adduced:

(a) Whether the procedure prescribed in these rules has been complied with, and, if not whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure of justice;

(b) Whether the findings are justified: and

(c) Whether the penalty imposed is excessive, adequate or inadequate;

(i) Setting aside, reducing, confirming or enhancing 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:

(i) The appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appalled against is competent in the case to impose;

[(ii) If the enhanced penalty which the appellate authority proposes to impose in one of the penalties specified in Clause (iv) to (vii) of rule 7 and an inquiry under rule 9 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 10, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions or rule 9 and thereafter, on consideration of the proceedings of such inquiry make such orders as it may deem fit;]

(iii) If the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (iv) to (vii) of rule 7 and an inquiry under rule 9 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 10, itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.

Part VI

Review

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

(b) Impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;

(c) Remit the case to the authority which made the order or to any other authority directing such further action or inquiry as he considers proper in the circumstances of the case; or

(d) Pass such other orders as he deems fit:

Part VII

Miscellaneous

(a) Such repeal shall not affect the previous operation of the said rules, notifications and orders or anything done or any action taken thereunder;

(b) Any proceedings under the said rules, notifications or orders 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.

Chief Secretary to the Government of Assam

Schedule