CCS (CCA) RULES, 1965  Reduction to lower time scale of pay, grade, post or service for a specified period

er time scale of pay, grade, post or service for a specified period with the direction as to whether or
LEARNING OBJECTIVE not, on the expiry of the specified period –
• By the end of the session, you will learn - (a) The period of such reduction shall operate to postpone future increments of pay.
– the various provisions and the rules relating to suspension and also decide whether a particular incident/case (b) The GS shall regain his original seniority in the higher time scale of pay, grade, post or service.
would warrant suspension or not;  Compulsory retirement.
– about the procedure for imposing minor and major penalties.  Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
– about appeal, revision, and review of penalty. PENALTIES
Article 311 – What it states? Action for unauthorised absence from duty or overstayer of leave.
Article 311 states that no person who is a member of civil service shall be dismissed or removed by an authority subordinate  If the Authority is not satisfied with the grounds adduced by the GS for his unauthorised absence, he may institute
to that by which he is appointed. disciplinary action against the GS.
No such person shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of  After the conclusion of the disciplinary proceedings, the period of unauthorised absence to be treated as dies non for
the charges against him and given a reasonable opportunity of being heard in respect of those charges. all purposes.
This clause shall not apply –  When a day can be marked as dies non and its effect.
(a) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction  Should dies non be marked for late coming?
on a criminal charge or. Can two penalties be imposed for one lapse/offence –
(b) Where the authority empowered to dismiss or remove a person or reduce him in rank is satisfied that for some reason,  Normally no need to impose two penalties at a time.
to be recorded in writing, it is not reasonably practicable to hold such inquiry; or  The authority should bear in mind that when more than one penalty is imposed, the net cumulative effect on the GS
(c) Where the President is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry. should not be so severe so as to make it impossible for him to bear the strain.
IDENTIFICATION OF APPROPRIATE AUTHORITY IMPLEMENTATION OF PENALTIES
i. Appointing Authority How penalties are to implemented?
ii. Disciplinary Authority  Penalty of withholding of increment or reduction to a lower stage – whether it should be for specified period? What
The above two authorities could be one and the same or different. happens if the period is not specified in the penalty order?
APPOINTING AUTHORITY  What is the difference between withholding of one increment and withholding of next increment?
In relation to a GS means-  Whether all the increments or only one increment to be withheld during the currency of penalty?
1. The authority empowered to make appointments to the service of which the GS for the time is a member or;  What is reduction to the lower stage and reduction to the lower post?
2. The authority empowered to make appointments to the post which the GS for the time being holds or;  Implementation of series of penalties; how second or subsequent penalty/penalties are to be impo19sed during the
3. The authority which appointed the GS to such service, grade or post as the case may be. currency of first penalty?
DISCIPLINARY AUTHORITY Illustrations –
In relation to a GS means- (a) Reduction to a lower stage in a time scale –
The authority competent under the Rules to impose on a GS any of the penalties specified in Rule 11.  “The ……..has decided that Sri…..should be reduced to a pay of Rs…..for a period of …..with effect from..
Authenticity of the Complaint (b) Reduction to a lower service, grade or post or to a lower time scale –
• Sources.  (i) for indefinite period –
• Alleged commission of misconduct. “A is reduced to the lower post/grade/service of X until he is found fit by the CA to be restored to the higher
• Sources within the office either in the form of a written complaint or anonymous petition or a pseudonymous letter. post/grade/service of Y”
• Surprise checks.  (ii) for specified period –
• Vigilance. “A is reduced to the lower post/grade/service of X until he is found fit, after a period of …. Years from the date of
PRELIMINARY INQUIRY this order to be restored to the higher post/grade/service of Y”
• Preliminary Inquiry, is only a fact finding inquiry to confirm whether there is a prima-facie case so as to institute a  Reduction to a lower grade/service/post not held before not permissible.
departmental inquiry against misbehaviour of the charged officer. Action on refusal of promotion –
NECESSITY FOR PRELIMINARY INQUIRY  Where the reasons adduced by the official for refusal of promotion are not acceptable, the AA can enforce the
• A Preliminary Inquiry, is only for the purpose of collection of facts in regard to the conduct and work of a GS. promotion.
• It may be held ex-parte for it is merely for the satisfaction of the Disciplinary Authority.  If still the promotion is refused, disciplinary action can be taken for refusing to obey orders.
 What is a prima facie case ? Entry of punishments in Service Books and confidential rolls –
 A prima facie case does not mean a case proved to the hilt but a case which can be said to be established if  Should be recorded in the service book and record of the same should invariably be kept in the confidential roll
the evidence which is led in support of the same were believed. SUSPENSION
 Can the preliminary inquiry report be included in the charge sheet? • Suspension is an executive action whereby a GS is kept out of duty temporarily pending final action against him for
 How does the preliminary inquiry conducted in sexual harassment cases differ from the preliminary inquiry criminal offences or acts of indiscipline, delinquency, misdemeanour etc.
conducted for the purpose of initiating departmental proceedings against a GS? PROVISIONS RELATING TO SUSPENSION
MINOR PENALTIES  Suspension pending departmental enquiry is a safeguard against the GS interfering with and hampering the
 Censure preliminary investigation and tampering with material evidence – oral or documentary.
 Withholding of promotion  It would not be proper to allow the person concerned to work as a public servant, unless there are exceptional
 Recovery from pay for any pecuniary loss to Govt. by negligence or breach of orders. reasons for not resorting to suspension.
 Reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding 3 years without  Suspension provides the GS with enough time to prepare himself adequately for the enquiry and to clear himself of
cumulative effect and not adversely affecting his pension. the charges levelled against him.
 Withholding of increments of pay.  An order of suspension of a GS does not put an end to his service under the Government.
 Reduction to a lower stage for a specified period with further direction as to whether the GS will earn increments of  Though suspension is not a form of penalty, it constitutes a great hardship and apart from not being allowed to
pay during the period of such reduction and whether on expiry of such period, the reduction will or will not have the perform legitimate duties and earn his salary, he is paid at reduced rates and thus affects him injuriously.
effect of postponing the future increments of pay.
  Suspension may cause a lasting damage to the GS’s reputation and its stigma is not easily washed away, even if he is HQRS DURING SUSPENSION
ultimately exonerated or awarded only a minor penalty or reinstated. 1. The station of posting immediately before his suspension will be the headquarters of the suspended official.
 During the period of suspension, the relationship of master and servant does not cease. He continues to be the 2. The CA can change the hqrs of a GS under suspension if it is in public interest.
subject of the same discipline and penalties and all rules continue to apply to him. 3. The CA can change the hqrs at the request of the GS under suspension.
 The suspended GS retains a lien on the permanent post held by him at the time of suspension. He continues to be in 4. The fixing of hqrs during suspension of a GS on bail will be subject to any restriction the court may impose on his
the grade held by him immediately before suspension. movement while granting bail.
AUTHORITY COMPETENT TO ORDER SUSPENSION RESIGNATION DURING SUSPENSION
 Is the authority who is the appointing authority for the charged official. 1. Should not be accepted normally.
 Is the authority higher in rank than the appointing authority. 2. The CA should examine with reference to the merits of the disciplinary case and where the quantum of evidence
 Is the authority lower in rank than the appointing authority under special circumstances. This should be reported to against him is not strong enough and the proceedings are likely to be so protracted that it would be cheaper to the
the appointing authority, immediately. public exchequer to accept the resignation, the resignation may be accepted.
WHEN SUSPENSION RESORTED TO 3. Should not be accepted until all his accounts are adjusted.
 When disciplinary proceedings are pending or contemplated. SUBSISTENCE ALLOWANCE
 When a case of criminal offence is under investigation or trial. • A suspended official is entitled for the first three months of suspension, to Subsistence allowance of an amount equal
 When competent authority feels that the government servant engaged himself in activities prejudicial to the interests to leave salary on half pay, with appropriate Dearness and Compensatory allowances.
of the Security of the State. • Subsistence allowance can be paid only if the suspended official furnishes a certificate every month that he was not
 Corruption, embezzlement, or misappropriation of government money. engaged in any other employment, business, profession during the period to which the claim relates.
 Possession of assets disproportionate to the known source of income. RECOVERY FROM SUBSISTENCE ALLOWANCE
 misuse of official powers for personal gains. • Obligatory: - Repayment of loans and advances taken, contribution to CGHS and Group Insurance, house rent and
 Serious negligence of duly resulting in considerable loss to Government. allied charges and Income Tax.
 Where his continuance in office will prejudice investigation, trial, or any enquiry eg. Apprehending tampering with • Optional: -With the official’s written consent: -PLI Premium, GPF advances.
witnesses or documents. • Not enforceable: GPF subscription, Court attachments dues and recovery of loss to government
WHEN SUSPENSION SHOULD NOT BE RESORTED TO ABOUT SUSPENSION (COND)
 An order of suspension should not be made in a perfunctory or in a routine and casual manner without proper regard  A suspended employee while becoming due for superannuation can retire.
to the guiding principles.  In the above case the GS cannot be sanctioned DCRG, Commutation of Pension, Encashment of leave at his credit.
 Power should be exercised sparingly with care and caution and only when it is absolutely essential. Should not be  A suspended GS can take Departmental examination.
resorted to for petty offences.  A suspended GS cannot go on deputation to outside post.
 Where a GS remains absent from duty or overstays leave without permission and his movements are not known, he  When a GS under suspension dies, the proceedings get terminated.
should not be placed under suspension.  A suspended GS can continue to live in Government Quarters.
 He cannot draw scooter advance/car advance.
DEEMED SUSPENSION  He can be sanctioned HBA.
 A GS shall be deemed to have been placed under suspension –  A suspended GS cannot avail of Leave Travel Concession during the period of suspension.
 If he is detained in custody whether on criminal charge or otherwise, for a period exceeding 48 hours.  Suspension orders cannot be issued with retrospective effect.
 If in the event of conviction for an offence, he is sentenced to a term of imprisonment exceeding 48 hours.  A GS on leave can be suspended only after his return from leave.
PERIOD OF SUSPENSION  Suspension order may not contain reasons for suspension.
 Commences from the time of issue of orders.  Payment of subsistence allowance for the first 3 months is automatic and no orders is necessary.
 Deemed suspension takes effect even without formal orders, retrospectively, from the date of his detention.  Duration of suspension cannot be prolonged for a longer time.
 Suspension continues till order of revocation issued by the competent authority.  Suspension cannot be based on oral orders.
REVIEW OF SUSPENSION  If the reporting/reviewing officer is under suspension when the confidential report has become due to be
 Order of suspension shall be reviewed by the CA on the recommendation of the Review Committee constituted for written/reviewed, it may be got written/reviewed by the officer concerned within two months from the date of his
the purpose. The order of suspension shall not be valid after 90 days unless it is extended after review before the having been placed under suspension or within one month the date on which the report was due, whichever is later.
expiry of 90 days.  A GS under suspension is eligible to function as defence assistant if his services are required by the accused official.
 Composition of Review Committee -  Merely because an official is under suspension, it does not mean that he has ceased to be a GS.
(i)DA, AA and another officer of the level of DA/AA.  An official under suspension has full right to work as Defence Assistant.
The RC may take a view regarding revocation/continuance of suspension keeping in view facts and circumstances  There is no rule that a person under suspension is not entitled to assist another GS in inquiry proceedings.
of the case and also taking into account the unduly long suspension, while putting the employee  Promotion/Confirmation of officers under suspension. Procedure to be followed in respect of those under cloud
concerned to undue hardship, involve payment of subsistence allowance without the employee performing  DPC shall assess the suitability of such officers alongwith other eligible candidates without taking consideration of
any useful service to the Government. the disciplinary case/criminal prosecution pending.
No review of suspension shall be necessary in case of deemed suspension, if the GS continues to be under detention at  The assessment of the DPC shall be kept in a sealed cover.
the time of completion of 90 days of suspension.  The cover will be super scribed ‘Findings regarding suitability for promotion to the grade/post of ……. in respect of
REVOKING OF SUSPENSION Sri …….. Not to be opened till the termination of the disciplinary case/criminal prosecution against Sri ……
Suspension can be revoked when  On conclusion of the disciplinary case/criminal prosecution/dropping of allegation or complaints against the GS, the
– No further proceedings are initiated sealed cover shall be opened.
– Exonerated of the charge  In case the GS is fully exonerated, the due date of his promotion will be determined with reference to the position
– Order is modified on appeal assigned to him in the findings kept in the sealed cover.
– Acquitted of the charges in criminal cases  He may be promoted notionally with reference to the date of promotion of his junior.
• Takes effect from the date of issue or specified date.  Arrears of pay for the period of notional promotion to be decided by the AA.
 In case the arrears are denied, AA shall record reasons for doing so.
  Normally arrears are allowed.
 Denial or arrears justified when disciplinary proceedings or acquittal in the criminal proceedings is with benefit of ESSENTIAL ELEMENTS OF NOTICE OF PRELIMINARY HEARING
doubt or on account of non-availability of evidence due to the acts attributable to the employee.  Notice to appear – before him on appointed date / time / venue.
 If any penalty is imposed on the GS as a result of the disciplinary proceedings or if he is found guilty in the criminal  Name of DA.
proceedings, the findings of the sealed cover shall not be acted upon.  Ex-parte if not attended.
 Review of ‘Sealed Cover’ cases to be done on the expiry of 6 months from the date of convening the first DPC.  Copy to P.O. directing him to attend along with listed documents.
 Review to be done every six months.  Whether received charge sheet
 After completion of 2 years, the AA shall review the case, provided the GS is not under suspension, and come to the  Accept charges or not.
conclusion that it would not be against the public interest to allow ad-hoc promotion, he shall place the case before  Order for inspection of documents
the next DPC for consideration.  List of additional documents
 An order for ad-hoc promotion may be issued making it clear in the order that –  Name of D.A.
 The promotion is being made purely on adhoc basis and will not confer any right for regular promotion.  Signature of PO, CO, IO
 The promotion shall be until further orders. INITIATION OF PROCEEDINGS
 The Government reserves the right to cancel the adhoc promotion and revert the GS at any time to the post from  After the preliminary hearing, the IO will fix date and the place for regular hearing. If the CO fails to appear at the
which he was promoted. preliminary hearing, the IO should send intimation under acknowledgement due, to reach him in good time.
 If the GS is acquitted on merits or fully exonerated in the departmental proceedings, the adhoc promotion may be  During the inquiry, the PO will produce all documentary evidence and also have his witnesses examined. He should
confirmed and promotion treated as regular one from the date of adhoc promotion. ensure that his witnesses are present in the inquiry.
 If the GS is not exonerated the adhoc promotion granted to him should be brought to an end.  If any person is summoned in his official capacity, the notice should be served through the Controlling Authority.
WHEN SUSPENSION PERIOD IS TREATED AS DUTY  A GS cannot refuse to be a witness in an inquiry against another GS.
 On reinstatement due to full exoneration in departmental proceedings.  Non-compliance to summons can be treated as conduct unbecoming of a GS rendering himself liable for
 On reinstatement due the official’s acquittal on merits of the case in court proceedings and no further Departmental disciplinary action.
inquiry is held.  Examination of witnesses, departmental as well as defence and recording of evidence is the important stage in the
 On reinstatement when suspension is held to be wholly unjustified. inquiry proceedings.
 When minor penalty is awarded.  Examination of witnesses will be in three parts – examination, cross examination and re- examination.
 If detention in Police custody, erroneous or without basis, ends in release without prosecution and if the Competent  Admitted documents and facts can be taken note of straightaway. Earlier statement given by the witness may be read
Authority concludes that suspension was wholly unjustified. out to him and he may be specifically questioned whether he admits the same or not. If he does so, the statement
 If the detention under a law providing for preventive detention is held by the Competent Authority to be unjustified. may be marked as exhibit and the CO asked to proceed with cross examination.
 In case of arrest for debt, if the liability is proved to be due to circumstances beyond the official’s control.  If the witness does not admit the statement in full then his statement has to be recorded from the beginning.
 Official’s death while under suspension  The witness should be examined in such a way as to bring out the case in a logical manner.
 In cases of departmental proceedings where the GS is fully exonerated or the earlier order is set aside solely on the  After the examination is over, the witnesses may be cross examined by the CO or his DA.
ground of non-compliance with the requirements of Article 311.  This cross examination is utilized to bring out the facts which have not come out in the examination, to remove any
 In court cases under similar circumstances. discrepancies or to prove the reliability or otherwise of the witnesses.
 In case where suspension is considered wholly unjustified.  It is the duty of the IO to see that the witnesses understand the question properly before answering it and to protect
COMPONENTS OF CHARGE SHEET from any unfair treatment.
 The charges should be specific.  The IO should disallow questions if considered irrelevant, oppressive or verbose.
 It should be in clear terms.  After the cross examination, the PO can re- examine the witnesses on any points on which he has been cross-
 It should contain full particulars of the incident; examined.
 The language used should be free from ambiguity;  At the discretion of the IO and before the close of the case on behalf of the DA, the PO may produce new evidence
 It should be concise and clear. not included in the original list supplied to the CO.
ANNEXURES TO MAJOR PENALTY CHARGE SHEET  The CO is entitled to produce evidence in support of his defence by examining himself if need be and any witness to
 Annexure 1: to contain statements of articles of charges framed against the Government servant. be produced by him. He cannot be forced to give evidence but if he offers himself as his own witness, he can be
 Annexure 2: to contain statement of imputation of misconduct or misbehavior in support of the articles of charges examined.
framed against a Government servant.  On conclusion of the proceedings, the PO should submit his written brief to the IO.
 Annexure 3: to contain list of documents by which the articles of charge framed against the Government servant are  If the CO wants to state about the case in writing, the IO should supply a copy of the written brief submitted by the
proposed to be sustained. PO and supply a copy of the same to the CO for preparing his written brief.
 Annexure 4: to contain list of witnesses by whom the articles of charges framed against a Government servant are REPORT OF THE INQUIRY OFFICER
proposed to be sustained.  After the conclusion of the inquiry, the IO should prepare a report and forward the same to the DA together with the
IN THE FOLLOWING TYPES OF CASES THE AUTHORITY RELEVANT MAY CONSIDER IMPOSING ONE records of the inquiry
OF THE MAJOR PENALTIES.  The report of the IR should contain –
 Possessing disproportionate assets to the known source of income. (a) An introductory para indicating appointment of IO and the dates of hearing.
 Illegal gratification. (b) Charges that were framed.
 Misappropriation of Govt. money (c) Charges that were admitted or dropped or not pressed.
 Stores or properties (d) Charges actually inquired into
 Falsification of Government records (e) Brief statement of the case of the DA
 Negligence in discharge of official duties with dishonest motive. (f) Brief statement of facts and documents admitted
 False claims on the Government in respect of TA, reimbursement claims. (g) Brief statement of the case of the GS
 Misuse of official position for personal gain. (h) Assessment of evidence in respect of each article of charge
(i) Finding on each article of charge.
  Along with the IR, the IO should send a folder containing the following –  Ensure that the witness understands the question put to him before he answers and see that the answers in vernacular
(a) List of exhibits produced by the PO is properly translated in English and recorded.
(b) List of exhibits produced by the GS  Finding must be based on evidence adduced during the inquiry, reliance should be made only on facts.
(c) List of prosecution witness  Conclusions should be logical and should not appear as one-sided presentation of facts.
(d) List of defence witness  Should bear in mind the principles of natural justice and reasonable opportunity and burden of proof vis-à-vis
(e) A folder containing deposition of witnesses in the order in which they were examined. departmental proceedings.
(f) A folder containing daily order sheets  After signing the report, IO becomes functus officio and cannot change his report or offer comments, clarifications
(g) A folder containing written statement of defence etc.
(h) Written brief of both sides.  Should not overstep his functions. It is not in his domain to condemn the CO or to suggest a deterrent punishment.
The IO should give definite findings on the articles of charge individually.  PO should be knowledgeable about the rules and procedures. Should be able to introduce rules and procedures
ACTION ON THE INQUIRY REPORT essential to prove the event/transaction.
 The report of the IO is only a enabling document which helps the DA in coming to a conclusion about the guilt of  PO should ensure that all the documents relevant to the
the GS.  inquiry are received along with his appointment order.
 The findings of the IO are not binding on the DA who can disagree with them and come to its own conclusion on the  Collect from the concerned departmental officers all the statements of witnesses taken and the statements seized
basis of its own assessment. during the investigation.
 The DA should examine carefully the IO’s report and satisfy that the GS has been given reasonable opportunity to  Should study the case fully and take the proceedings seriously.
defend himself.  Anticipate the possible defence of the CO and be ready to cross-examine the DA.
 The DA may, for reasons to be recorded in writing, remit the case to the IO for further inquiry.  Should try his best to disprove the facts deposed by the defence witnesses.
 The DA before taking a suitable decision and making the final order, forward a copy of the IR together with its own  Take notes so that no points are left to be covered during cross-examination/re-examination.
tentative reasons for disagreement, if any, with the findings of IO on any article of charge to the GS so as to enable  Properly canvass the evidence appearing against the GS and try to meet the possible line of defence and arguments
him to make any representation or submission in writing within 15 days irrespective of whether the report is on the other side
favourable or not to the GS.  Should conduct in such a manner that the accused officer will have no reason to feel that the PO has exerted any
 The DA shall consider the representation, if any, submitted by the GS and record its findings before proceeding undue influence over the IO.
further in the matter. ROLE OF DA
 Based on his own findings on the articles of charge and on consideration of the written submission of the GS, if the  A boon to defend the one in trouble. If not properly selected, may land the CO in more troubles than relieving him
DA is of the opinion that the articles of charge have not been proved and the GS should be exonerated, it will make from them.
an order to that effect.  An ideal DA should be a person with an open mind and thorough with the departmental rules, regulations and with a
PASSING OF FINAL ORDERS fair knowledge of examination or witnesses in criminal trials. Previous experience as DA to be an added advantage.
 The DA can pass any of the minor/major penalties straight away without giving any opportunity to the GS.  Should not wait for the hearing for knowing the facts of the case.
 Where it is considered that the GS should be punished, the DA should award the penalty of ‘Censure’ at least.  Should get all the papers available with the CO without any loss of time and study them in consultation with the CO
 Past good or bad conduct of the GS can be taken into consideration while awarding the penalty. However, it should and act quickly in applying for additional documents required.
not be taken into account in determining the quantum of penalty to be imposed.  Should note down the points for clarification in cross- examination.
REQUIREMENTS TO BE COMPLIED BEFORE MAKING THE FINAL ORDER  Should frame the questions for cross-examination sufficiently in advance.
1. Personal hearing should be granted where a request is made by the appellant. Defence assistance is also available in  Should put suggestive questions so that possible line of defence is somewhat laid even during the examination of
such hearing; defence witness.
2. No major penalty can be imposed unless the prescribed procedure has been followed.  Should not put too many questions to POs witness. Not put unnecessary questions.
FINAL ORDER  Should not obstruct or hinder the proceedings.
1. Self-contained, speaking and reasoned order to be passed and to be issued over the signature of the prescribed  Should not clash with the PO, except on technical flaws.
Disciplinary Authority.  Should not raise frivolous objections at the same time should not fail to achieve valid points.
2. Final Order to be passed within three months. ACTION AGAINST ABSCONDING OFFICIALS
3. Disciplinary Case should be closed on the death of the charged official – Where a GS dies during the pendency of  Case of loss and fraud are usually reported to police and the officials involved are placed under suspension.
inquiry, without charges being proved against him, imposition of any penalty would be unjustifiable. Therefore,  In such cases, officials abscond and are not apprehended by the police.
disciplinary proceedings should be closed immediately on the death of the alleged GS.  The officials continue to be under suspension till they surrender or are apprehended by police.
ROLE OF INQUIRY OFFICER  Cases drag on for a long time and until then such officials are to be paid subsistence allowance if they produce
 IO is the delegate of the DA, but he is not subject to his orders/instructions. certificate of non- employment.
 IO’s functions are threefold viz., to document, to analyse and to recommend whether the charges are proved or not.  The DA may take the following action in such cases-
 should be unbiased, fair, just and judicious.  To obtain a certificate from the police to the effect that the whereabouts of the official concerned are not known.
 should see that both sides get just and reasonable opportunity to place their view points.  Prepare a brief statement of allegations and charges and keep it in file.
 Ensure that there is no undue delay in the commencement and conduct of inquiry.  The DA to himself record on the file that the whereabouts of the official are not known and police authorities have
 Not to allow the parties to dominate the proceedings by seeking adjournments. also certified to that effect and therefore it is not reasonably practicable to hold the enquiry.
 Should not indulge in loose talks or give any indication about his view at any stage.  DA should issue orders imposing penalty as it may deem fit.
 Should not hold ex-parte inquiry if the CO under suspension is unable to attend due to non-receipt of subsistence ORDERS AGAINST WHICH APPEAL LIES
allowance. 1. An order of suspension made or deemed to have been made
 Should not allow questions which are irrelevant or are malicious or are likely to cause annoyance to the witness 2. An order imposing any of the penalties imposed
during examination. 3. An order enhancing any penalty
 Should not allow leading questions in main examination. They may be permitted in cross-examination. 4. An order which denies or varies to his disadvantage his pay & allowances, pension or other conditions of service
 Protect witness from any unfair treatment during examination.
APPELLATE AUTHORITIES OFFICE PROCEDURE
A GS including a person who has ceased to be in service may prefer an appeal to the authority specified in this behalf either
in the schedule or by a general or special order of the President or, where no such authority is specified. WHAT IS OFFICE ?
Period of limitation of APPEALS- • Is a work place where teams of people are engaged in an assigned work, mostly in a hierarchy , for the fulfillment of
Shall be preferred within a period of 45 days from the date of copy of the order is delivered. objectives of an Organization.
AA may entertain the appeal after the expiry of the said period if it is satisfied that the appellant had sufficient reasons for • It is Information Processing Unit facilitating the competent authority to take a decision to achieve organizational
not preferring the appeal in time goals
Form and Contents of Appeal - WHAT IS PROCEDURE ?
1. Every person shall prefer an appeal separately in his own name. • Doing things methodically by following certain procedures laid down with a clearly defined roles and
2. Appeal shall be presented to the AA, a copy being forwarded to the DA. responsibilities for smooth and effectives functioning
3. It shall contain all material statements and arguments on which the appellant relies. • Procedure is a set of sequential and logical steps followed to do a job in an efficient and effective manner.
4. Shall not contain any disrespectful or improper language. • A set of precise instructions to accomplish a task
5. The DA shall forward its comments on the appeal without waiting for any direction from AA. SOME IMPORTANT DEFINITIONS
Consideration of Appeal -  Department - Means any of the Ministry, Department, Secretariat and Office mentioned in the First Schedule to the
1. In case of an appeal against the order of suspension, the AA shall consider with regard to the circumstances of the case, Government of India (Allocation of Business) Rules, 1961
whether the order of suspension is justified or not and confirm or revoke the order.  Dak - Includes every type of written communication such as letter, telegram, interdepartmental note, file, fax, e-
2. In case of appeal against an order imposing penalty, the AA shall consider whether - mail, wireless message which is received, whether by post or otherwise, in any department for its consideration
 The procedure laid down in the rules have been complied with and if not whether such non- compliance has resulted  Central Registry
in violation of any provision of constitution or in the failure of justice.  Classified dak - Means a dak bearing a security grading (Confidential, Secret, Top Secret)
 the findings of the DA are warranted by any evidence on record; and  Urgent dak - Means dak marked ‘Immediate’ or ‘Priority’ and includes telegrams, wireless messages, telex
 the penalty imposed is adequate, inadequate or severe and pass orders – messages, fax etc
 Confirming, enhancing, reducing or setting aside the penalty; or  Case - Means a current file or a receipt
 Remit the case to the authority which imposed the penalty with such directions as it may deem fit in the  Receipt - Means a dak after it has concerned Section/Officer
circumstances of the case.  Section - Means the basic work unit within a Department, responsible for attending to items of work allotted to it. It
Implementation of orders in Appeal – is generally headed by a Section Officer and includes ‘Cell’, ‘Unit’ and other like terms.
The authority which make the order appealed against shall give effect to the orders passed by the Appellate Authority.  Diarising - Means registration of receipts in the Section Diary as well as in the diary register with the Personal Staff
Time limit for disposal of appeal– of Officers
1. A high priority should be given to the disposal of appeals within a short period.  Dealing hand - Means any functionary such as LDC/UDC/Assistant, entrusted with initial examination and noting
2. If AA are too full and man not be able to devote time and attention for disposal of appeal, AA can be relieved of his upon cases.
normal work to enable him to dispose the appeal. His normal work can be redistributed amongst other officers.  File - Means a collection of papers on a specific subject assigned a file number and consisting of one or more of
3. However, if the number of appeals received the following parts:
Time limit for disposal of appeal– or pending with any particular AA is very large, the appellate work itself could be (a) Correspondence
redistributed among a number of officers of equivalent rank and in any case not below the rank of AA through a general (b) Notes
order. (c) Appendix to Correspondence
 Appeals pending over a month are to be reviewed by appropriate higher authorities which may take remedial steps (d) Appendix to notes
after going through the reasons for delay in disposal of appeals.  Paper Under Consideration (PUC) - Means a receipt on a case, the consideration of which is the subject matter of
REVISION the case.
The President, C&AG of India, Head of the department under the Central Government, the Appellate Authority within six  Fresh Receipt (FR) - Means any subsequent receipt on a case which bring in additional information to aid the
months of the date of the order proposed to be revised or any other authority specified in this behalf by the President by a disposal of a paper under consideration
general or special order may at any time, either on its own motion or otherwise call for the records of any inquiry and revise  Draft For Approval (DFA) - Means draft communication submitted for approval
any order made under the rules from which an appeal is allowed but from which no appeal has been preferred or from which  Note - Means the remarks recorded on a case to facilitate its disposal , and includes a summary of previous papers, a
no appeal is allowed and may - statement or an analysis of the questions requiring decision, suggestions regarding the course of action and final
(a) Confirm, modify or set aside the order; or orders passed thereon
(b) Confirm, reduce, enhance or set aside the penalty imposed by the order or impose any penalty where no penalty has  Minute - Means a note recorded by the President, the Vice President, the Prime Minister or a Minister
been imposed; or  Minutes - Is not defined in MoP; but frequently used to connote the record of a meeting/discussion
(c) Remit the case to the authority directing it to make such further enquiry as it may consider proper in the  Routine Note - A note of a temporary value or ephemeral importance so captioned and recorded outside the file, e.g.
circumstances of the case; or a record of casual discussion or a note on a point of secondary importance intended to facilitate consideration of the
(d) Pass such order as it may deem fit provided that no order imposing or enhancing any penalty shall be made by any case by higher officers
revising authority unless the GS concerned has been given a reasonable opportunity of making a representation  Indexing - Means indicating the subject/title of a file under appropriate catchwords arranged in their alphabetical
against the pena10l3ty proposed. order with a view to facilitate its location in the event of need.
The President may, at any time, either or his own motion or otherwise review any order passed under these rules, when any  Citizen’s/ Client’s Charter - Document which contains Standard of services offered by a department, Information,
Choice and Consultation, Non- discrimination and Accessibility, Grievances Redress, Courtesy and Value for Money
new material or evidence which could not be produced or was not available at the time of the passing the order under
review and which has the effect of changing the nature of the case, has come, or has been brought to his notice.
DAK – RECEIPT, REGISTRATION AND DISTRIBUTION
• Receipt of dak
• Acknowledgement of dak
• Registration of dak
• Distribution of dak
RECEIPT OF DAK
  During office hours By Central Registry Immediate/Important dak addressed to Minister/Officers by name –
directly by personal staff Diarising of receipts in other cases
 Outside office hours, immediate dak marked by name will be received by the addressee himself – advance  Inter-departmental notes, telegrams or any other category to be distinguished from the rest may be entered in the
intimation. In other cases, dak will be received by the night duty clerk or by the officer designated section diary in red ink
 E-mails received will be downloaded centrally in the Computer Centre and forwarded to the C.R. Communications  Receipts redirected to other sections will also be diarised
addressed to Ministers/officers will be downloaded by them/personal staff  Papers referred to another department will be diarised each time they are received back- previous and later entries
 Acknowledgement by signing name in full and in ink with date and designation will be linked
REGISTRATION OF DAK  If a receipt is diarised after a lapse of more than 15 days from the date it bears, the entry regarding date in column 3
 Urgent dak will be separated from other dak and dealt with first of the section diary will be circled in red ink
 All covers will be opened by the Central Registry, except those addressed to Ministers/Officers by name or those  Section officer will scrutinize the section diaries once a week to see that these are maintained and append his initials
bearing a security grading. in token of scrutiny
 C.R./IFC will check enclosures and make a note of any item found missing. Diarisation in computerized environment
 Dak will be date- stamped  A single diary number will be generated irrespective of where a receipt is diarised
 Section-wise/officer-wise sorting of dak  All exclusions would be applicable
Dak to be registered by the C.R./IFC  Appropriate codes in Remarks column would indicate the different categories of receipts as well as redirected
 Telegrams, wireless messages, fax messages, telex messages and e-mail messages receipts or receipts diarised after a lapse of more than 15 days
 Registered postal dak  Papers received back from other department will be diarised and will be linked with previous diary numbers as they
 Interdepartmental files can be easily traced electronically
 Court summons and receipts enclosing valuable documents e.g. service books, agreement, etc  The diary number will be indicated on the receipt as in the manual system
 Parliament questions, resolutions, cut motions and references seeking information relating to them Diarising of receipts by Personal staff
 Unopened inner covers containing classified dak  DS and above – in respective personal section diary
 Letters from Members of Parliament  Envelopes received without contents or with material not marked to any officer should also be diarised with
APPENDIX 1 - Dak Register necessary comments
DISTRIBUTION OF DAK  No receipt will be diarised more than twice
 Invoice (Appendix 2) for each section prepared and dak along with invoice sent to the section and acknowledged by APPENDIX 4 - Personal Section Diary
the diarist 1. Column 1 a running S.No. will be given date wise.
 Invoice duly signed will be returned to Registry and filed section-wise and date-wise. 2. Column 2 to 6 will be filled at the stage diarising. i.e. before receipts are sent to officers.
 Dak distributed and acknowledgement obtained in messenger books/dak register maintained section-wise. 3. Column 7 will be filled after receipts are seen and passed by officers.
 Dak meant for Ministers/Officers to be acknowledged by their personal staff. 4. Subsequent movement of papers, when received back from the higher officers, will also be marked in column 7 after
 Urgent dak to be distributed as and when received striking off the previous entry.
 Other dak to be distributed at suitable intervals say 11.AM, 2 P.M., 4 P.M. 5. Important instructions received by the officers will be briefly entered in column 8.
 As far as possible sorting, registration and invoicing of dak to be completed on the day of receipt ALLOCATION OF DISPUTED RECEIPTS
 Night duty staff to attend to the remaining If a section feels that it is not concerned with a misdirected receipt forwarded to it the same should be brought to the notice
of the officer designated by the department for deciding allocation of disputed receipts
APPENDIX 2 - Invoice
ACTION ON RECEIPTS
ACTION ON THE DAK
 Action on receipts will be so organised that it results in speedy and correct decision-making process.
 go through the receipts
 All records creating agencies will use good quality paper and ink as prescribed by the Bureau of Indian Standards
 Forward misdirected receipts to the concerned sections
while transacting official business so as to ensure longevity of records and easy retrieval of information
 Separate those to be seen by higher officers
 Mark himself receipts that are of a difficult nature
General Principles
 An officer will himself initiate action on as many receipts as possible, keeping in view the priority requirements
 Mark the receipts to the concerned dealing hands
 Keep a note of important receipts in his diary  Number of levels at which case is examined will be minimum
 Paper work will be kept at an essential minimum
 Submit the case to the officer who last noted on it when returned by another department
 Least possible time to be taken for examination and disposal of cases
DIARISING OF RECEIPTS
 An officer will aim at optimizing the quality as well as the quantity of work performed by him.
• The diarist will diarise all receipts in the section diary (Appendix 3).
 Simplified and pre-structured formats will be devised for processing routine i.e. repetitive cases. Simplified formats
Following will not be diarised: should also be devised for the benefit of the citizen in his interaction with the offices.
 Receipts already diarised in computer
AIDS TO PROCESSING
 Communications from MPs - separate register to be maintained
 Unsigned communications on which no instructions recorded by officers
 Running summary of facts of a case
 Identical copies of the representations, A summary of facts of the case updated from time to time to incorporate significant developments as and when they take
 Post copies of telegrams place.
Placed below the notes portion to avoid repeated recapitulation of the case through “self contained notes”. This may be
 petty contingent vouchers (say night duty or overtime claims, etc)
termed ‘Self contained Note’ if it figures in the notes portion of the file.
 Routine acknowledgements
 CL applications  Standard process sheet
 Copies of circulars A standard skeleton note developed for a repetitive item of work, indicating predetermined points of check or aspects to be
noted upon. It makes noting brief and precise
APPENDIX 3 - Section/Desk Diary for Receipts
  ‘ Standing Guard File ’ - Compilation consisting of  Statutory/customary procedure, relevant law and rules
(a) a running summary of the principles and policy relating to the subject with number and date of relevant  Furnish data/information available in the department
decisions/ orders quoted in margin against each  Questions for consideration and points requiring decision
(b) copies of the decisions or orders referred to, arranged in chronological order; and  Precedents
(c) model forms of communications to be used at different stages  Suggest alternative courses of action for consideration
 ‘ Reference folder ’ EXAMINATION BY OFFICER
A folder containing copies of relevant rules, orders, instructions, etc. arranged in chronological order for ready reference.  Discussion with staff to decide the course of action in cases
 ‘ Standing note ’  Self contained note in important problem solving issues
A continuing note explaining, among other things, the history and development of the policy, procedure and the latest  Comprehensive note by an officer/group of officers for submission to the decision making level
position designed to serve as :  Deviation from normal procedures or rules – responsibility of the decision making authority to record reasons in
(a) complete background material for review of the existing policy or procedure writing , justifying deviation from the rules/procedures
(b) a brief for preparing replies to Parliament questions or Notes for supplementaries thereto; and  Standard Process Sheet - For dealing with cases of repetitive nature e.g. sanctioning of leave, GPF advance, HBA,
(c) induction or training material forwarding of applications. No notes recorded in such cases
LEVEL OF DISPOSAL AND CHANNEL OF SUBMISSION  Running summary of facts - Prepared to facilitate consideration and obviate repeated recapitulation of consecutive
 Departmental instructions to prescribe level of disposal for each category of cases noting. Contributes for speedy disposal and placed in a separate folder
 Should be updated periodically and should also be ‘audited’ at regular intervals FILING OF PAPERS
 To be placed in the public domain  Papers will be punched on the left hand top corner and tagged into the appropriate part of the file
 ARC Recommended that the number of levels for a decision on a file not to exceed three  Both ‘notes portion’ and ‘correspondence portion’ will be placed in a single file cover
 In cases requiring Minister’s approval,  Earlier communications referred to in the receipt or issue will be indicated by pencil
• file to be initiated by the DS/Director.  If file is bulky separate file covers may be maintained for keeping appendix to notes and appendix to
• should move through JS/AS/SS and the Secretary/SS correspondence
 For addressing cross cutting issues, the Secretary to have flexibility to create inter- disciplinary teams  Routine receipts and issues and routine notes to be placed below the file in a separate cover and destroyed when no
 Desk Officer -------DS/Director-------JS/AS longer required
 JS can submit cases directly to Secretary/ Minister  When file becomes bulky (exceeds 150 pages) it will be stitched and marked “Volume I” further papers to be added
 AS in large Ministries would function independently in day-to-day administrative and functional matters in the new volume of the same file
 Clear delegation of authority to the SS to function independently  Page numbering will be made in continuity in the notes and correspondence portion of the subsequent volumes
 Wherever level jumping is there, such cases on its return will pass through all the levels jumped over  On top of the first page of note portion in each volume of the file, file number, name of the ministry/Department,
 In a computerised environment, the system will provide scope for level jumping name of the branch/section and subject will be mentioned
DIRECT SUBMISSION OF CASES BY SENIOR ASSISTANTS DESK OFFICER SYSTEM
 Assistant in a conventional section with more than five years service and at least 6 months in the concerned section  General principles governing action on receipts will apply in the functioning under D.O. system also
may submit cases to the Branch Officer directly  The Desk functionary will
 In appropriate cases, Assistants with less than 5 years service may also be permitted  draft and issue a reply in simple situations.
 Cases to go back through S.O., who may indicate any omission or flaws  submit a draft in other cases for approval/signature of DS/Director/JS, without any elaborate note
ACTION BY DEALING HAND  Take appropriate action after discussions, in case of any doubt.
 Go through the receipts and separate urgent from the rest  Put up a self-contained note in case of problem-solving cases.
 Enter the receipts in the Assistant’s Diary ( not necessary in a computerized environment)  Assisted by supporting staff.
 Deal with the urgent receipts first  for dealing with simple cases i.e. issue of acknowledgment, forwarding of papers, etc.
 Check enclosures; if found missing take action to get it  compilation of data
 Send copies/extracts to other section(s) concerned  maintaining manuals and reference folders
 To process in the existing file/open a new file; indicate the file number in the Assistant’s Diary  records management
 Assign the receipt page number and a serial number ORAL DISCUSSIONS
 Docketing and reproducing the remarks on the notes portion  Discussions between officers of same/different departments and conclusions reached to be recorded in file
 With the help of precedents, standing guard files, reference folders etc., locate and collect other files/papers referred  Policy of government/ deviation from prescribed policy/officers differ on significant issues - confirmation of
to in receipt or having a bearing on the issues raised therein all concerned to be obtained
 Put up the case to the appropriate authority; make a note of the date of submission in the assistant’s diary (the system ORAL INSTRUCTIONS BY HIGHER OFFICERS
indicates in a computerized environment)  Directions (including telephonic) from officers on matters in which subordinate officer has powers to decide - to be
ACTION BY SECTION OFFICER given in writing
 Scrutinise the note of the dealing hand  Where it is not immediately possible , the oral directions to be followed by a written confirmation.
 Dispose of routine cases  Officers to take action in his/her best judgement while performing official duties.
 Take intermediate routine action  When he/she is acting under the instructions of a superior officer, to obtain the same in writing before carrying out
 Where necessary, record a note with his own comments or suggestions the instructions
 Submit the case to the appropriate higher officer  Where it is not possible, to obtain the written confirmation at the earliest.
EXAMINATION BY SECTION  Where the instructions are not from immediate officer, the same to be brought to the notice of immediate superior.
 The line of action on a receipt is obvious / based on a clear precedent or practice/has been indicated by a higher Oral orders on behalf of or from Minister
officer - put up a draft/fair communication without any elaborate note  Personal staff to confirm writing the oral order on behalf of Minister
 In other cases, check  Oral instructions from Minister/personal staff and confirming to the norms, rules etc – to be brought to the notice of
 All statements are correct the Secretary
 Point out mistakes, incorrect statements, missing data/information
  Oral instructions not in accordance with norms, rule etc. – seek clear order from the Secretary/head of the THE EXPLOSIVES ACT, 1884
department on the line of action to be taken • An Act to regulate the manufacture, possession, use, sale, transport, import and export of explosives.
 Approval of Minister taken over phone – confirmation to be obtained on file on the return of Minister to Hqs • WHEREAS it is expedient to regulate the manufacture, possession, use, sale, transport, import and export of
Confirmation of oral instructions explosives
 Senior officer to confirm oral instructions given when sought by Junior officers • It extends to whole India
 Such communications from Junior Officer to be acknowledged by the Senior Officer/personal staff SECTIONS
CHECKS ON DELAYS
 Time Limits – departmental instructions to prescribe time limits for disposal of various types of cases. As a rule no
case will remain pending for more than 7 days unless higher limits prescribe for specific types of cases
 Handling of Public/Staff Grievances – JS level officer to be designated as Director of Public Grievances,
DS/Director level officer as Staff Grievance Officer. To observe every Wednesday as meetingless day.
CPGRAMS
 Weekly arrear statement – Appendix 35
 Monthly statement of cases pending over a month - Appendix 37
 Call Book – Appendix 40
 Monthly progress reports of recording and review of files –Appendix 41 & 42
 Watch on disposal of communications from MPs - Appendix 45
 Watch on disposal of communications from VIPs - Appendix 48
 Monitoring of Court/CAT cases and implementation of Court/CAT orders - Appendix 49
 Register of Parliamentary Assurances – Appendix 52
 Check list of periodical reports - Appendix 53 & 54
 Review of periodical reports/returns - Appendix 66
FILE NUMBERING SYSTEM
 Essential for convenient identification, sorting, storage and retrieval of papers
 Functional File numbering system
 the main functions of the department
 The activities in each of these functions DEFINITIONS
 The aspects or operations involved in each of these activities In this Act,—
 The factors to be taken into account in each of these aspects or operations (a) “aircraft” means any machine which can derive support in the atmosphere from the reactions of the air, other than the
 File numbering system based on subject classification reactions of the air against the earth’s surface, and includes balloons, whether fixed or free, airships, kites, gliders and flying
Each section to maintain machines;
 Standard heads main subject headings concerning it (b) “carriage” includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by land, in
 Standard Sub-heads i.e. aspects of the main subject headings whatever manner the same may be propelled,
EOFFICE (c) “District Magistrate”, in relation to any area for which a Commissioner of Police has been appointed, means the
The eOffice aims to support Governance by helping in more effective and transparent inter and Intra-Government processes. Commissioner of Police thereof and includes—
The vision of e-Office is to achieve a simplified, responsive, effective and transparent working of all Government Offices.  any such Deputy Commissioner of Police, exercising jurisdiction over the whole or anypart of such area, as may be
BENEFITS OF E-OFFICE: specified by the State Government in this behalf in relation to such area or part: and
Enhance transparency – files can be tracked, and their status is known to all at all times  an Additional District Magistrate;
Increase accountability – the responsibility of quality and speed of decision making is easier to monitor. (d) “explosive” means gunpowder, nitoglycerine, nitroglycol, gun-cotton, di-nitro-toluene, tri nitro-toluene, picric acid, di-
Assure data security and data integrity. nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethylene tri nitramine, penta-erythritol-tetranitrate, tetryl, nitro-
Provide a platform for re-inventing and re-engineering the Government. guanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any
Promote innovation by releasing staff energy and time from unproductive procedures. other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or
Transform the Government work culture and ethics. manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals,
FEATURES OF E-OFFICE: fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation or
Electronic APAR Processing preparation of an explosive as defined in this clause;
Electronic signing of APAR 5. Power to make rules as to licensing of the manufacture, possession, use, sale, transport, import and export
APAR integrated with e-service book of explosives.
Centralised Database and decentralized administration  (1) The Central Government make rules consistent with this Act to regulate or prohibit, except under and in
Diarisation of letters and file processing accordance with the conditions of a licence granted as provided by those rules, the manufacture, possession, use, sale.
MIS reports of monitoring and analysis 3[transport, import and export] of explosives, or any specified class of explosives.
Interdepartmental file exchange  (2) Rules under this section may provide for all or any of the following, among other matters, that is to say:—
Online e-service book  (a) the authority by which licenses may be granted.
Online form submission  (b) the fees to be charged for licenses, and the other sums (if any) to be paid for expenses by applicants for
Create and upload documents licenses:
Tour approval workflow  (c) the manner in which applications for licenses must be made, and the matters to be specified in such
Status of tour request and tours conducted applications:
 (d) the form in which, and the conditions on and subject to which, licenses must be granted;
 (e) the period for which licenses are to remain in force
 – the authority to which appeals may be preferred under section 6F, the procedure to be followed by such  if the licence was obtained by the suppression of material information or on the basis of wrong information provided
authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals by the holder of the licence or any other person on his behalf at the time of applying for the licence; or
and the circumstances under which such fees may be refunded:  if any of the conditions of the licence has been contravened; or
– the total quantity of explosives that a licensee can purchase in a given period of time;  if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the
– the fees to be charged by the Chief Controller of Explosives or any officer authorised by him in this behalf, licence.
for services rendered in connection with the manufacture, transport, import or export of explosives; (4) The licensing authority may also revoke a licence on the application of the holder thereof.
(f) the exemption absolutely or subject to conditions of any explosives or any person or class of persons from (5) where the licensing authority makes an order varying the conditions of a licence under sub-section (1) or an order
the operation of the rules suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder
5A Persons already in business in respect of certain explosives to carry on such business without licence for a of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will
certain period. not be in the public interest to furnish such statement.
• Notwithstanding anything in section 5 or in the rules made thereunder where, immediately before the commencement (6) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or
of the Indian Explosives (Amendment) Act, 1978 (32 of 1978), any person was carrying on the business of revoke a licence: Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall
manufacture, sale, transport, import or export of any explosive (for which no licence was required under this Act become void.
before its amendment by the Indian Explosives (Amendment) Act, 1978, then, such person shall be entitled to (7) An order of suspension or revocation under sub-section (6) may also be made by an appellate court or by the High Court
continue to carry on such business without licence in respect of such explosive when exercising its powers of revision.
(a) for a period of three months from the date of such commencement; or (8) The Central Government may, by order in the Official Gazette, suspend or revoke, or direct any licensing authority to
(b) if before the expiry of the said period of three months, such person has made an application for grant of suspend or revoke, all or any licences granted under this .Act throughout India or any part thereof.
licence under this Act for such business in such explosive, until the final disposal of his application, (9) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence
whichever is later. to the authority by whom it has been suspended or revocation
6B. GRANT OF LICENCES 6F. Appeals
Where a person makes an application for licence under section 5, the authority prescribed in the rules made under that section  (1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions
for grant of licences (hereinafter referred to in this Act as the licensing authority), after making such inquiry, if any, as it may of a licence or by an order of the licensing authority suspending or revoking a licence may prefer an appeal against
consider necessary, shall, subject to the other provisions of this Act, by order in writing either grant the licence or refuse to that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be
grant the same. prescribed: Provided that no appeal shall lie against an order made by, or under the direction of, the Central
(2) The licensing authority shall grant a licence— Government.
(a) where it is required for the purpose of manufacture. of explosives if the licensing authority is satisfied that the person by  (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore: Provided that an
whom license is required appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate
(i) possesses technical know-how and experience in the manufacture of explosives; or authority that he had sufficient cause for not preferring the appeal within that period.
(ii) has in his employment or undertakes to employ a person or persons possessing such technical know-how and experience;  (3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act,
or 1963 (36 of 1963), with respect to the computation of periods of limitation thereunder.
(b) where it is required for any other purpose, if the licensing authority is satisfied that the person by whom licence is  (4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief
required has a good reason for obtaining the same. statement of the reasons for the order appealed against where such statement has been furnished to the appellant and
6C. Refusal of licences. by such fee as may be prescribed.
Notwithstanding anything contained in section 6B, the licensing authority shall refuse to grant a licence—  (5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed: Provided that
(a) where such licence is required in respect of any prohibited explosive; or no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(b) where such licence is required by a person whom the licensing authority has reason to believe—  (6) The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise,
 to be prohibited by this Act or by any other law for the time being in force to manufacture, possess, sell, transport be in force pending the disposal of the appeal against such order.
import or export any explosive, or  (7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.
 to be of unsound mind, or 7. Power to make rules conferring powers of inspection, search, seizure, detention and removal
 to be for any reason unfit for a licence under this Act; or  (1) The Central Government 1*** may make rules consistent with this Act authorising any officer, either by name or
(c) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant in virtue of his office.
such licence. – (a) to enter, inspect and examine 2 [any place, aircraft, carriage or vessel] in which an explosive is being
6D. Licensing authority competent to impose conditions in addition to prescribed conditions. manufactured, possessed, used, sold, 3 [transported, imported or exported] under a license granted under this
Conditions. —A licence granted under section 6B may contain in addition to prescribed conditions such other conditions as Act, or in which he has reason to believe that an explosive has been or is being manufactured, possessed,
may be considered necessary by the licensing authority in any particular case used, sold, 3[transported, imported or exported] in contravention of this Act or of the rules made under this
6E. Variation, suspension and revocation of licences Act;
6E. Variation, suspension and revocation of licences. - – (b) to search for explosives therein.
(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have – (c) to take samples of any explosive found therein on payment of the value thereof, a n d
been prescribed and may for that purpose require the holder of licence by notice in writing to deliver-up the licence to it – [(d) to seize, detain and remove any explosive or ingredient thereof found therein and, if necessary, also
within such time as may be specified in the notice. destroy such explosive or ingredient.]
(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except  (2) The provisions of the 5[Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches under that Code shall,
such of them as have been prescribed. so far as the same are applicable, apply to searches by officers authorised by rules under this section.
(3) The licensing authority may, by order in writing, suspend a licence for such period as it thinks fit or revoke a licence, -  (3) The provisions of the 5[Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches under that Code shall,
 if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the so far as the same are applicable, apply to searches by officers authorised by rules under this section.
time being in force to manufacture, possess, sell, transport, import or export any explosive, or is of unsound mind, or 8. Notice of accidents
is for any reason unfit for a licence under this Act; ot (1) Whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or
 if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or used, or 7[any aircraft, carriage or vessel] either conveying an explosive or on or from which an explosive is being loaded or
revoke the licence; or unloaded, any accident by explosion or by fire attended with loss of human life or serious injury to person or property, or of a
description usually attended with such loss or injury, the occupier of the place, or the master of the aircraft or vessel, or the 16. Saving as to liability under other law
person in charge of the carriage, as the case may be, shall within such time and in such manner as may be by rule prescribed Nothing in this Act or the rules under this Act shall prevent any person from being prosecuted under any other law for any act
give notice thereof and of the attendant loss of human life or personal injury, if any, to the Chief Controller of Explosives and or omission which constitutes an offence against this Act or those rules, or from being liable under that other law to any other
to the officer in charge of the nearest police-station. or higher punishment or penalty than that provided by this Act or those rules:
9. Inquiry into accidents.  Provided that a person shall not be punished twice for the same offence.
 (1) Where any accident such as is referred to in section 8 occurs in or about or in connection with 6[any place, 17. Extension of definition of “explosive” to other explosive substances
aircraft, carriage or vessel] under the control of any of Armed Forces of the Union, an inquiry into the causes of the The Central Government may, from time to time, by notification in the Official Gazette, declare that any substance which
accident shall be held by the naval, military, or air force authority concerned, and where any such accident occurs in appears to the Central Government to be specially dangerous to life or property, by reason either of its explosive properties or
any other circumstances, the District Magistrate shall, in cases attended by loss of human life, or may, in any other of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of
case, hold or direct a Magistrate subordinate to him to hold, such an Inquiry.. this Act; and the provisions of this Act (subject to such exceptions, limitations and restrictions as may be specified in the
 (2) Any person holding an inquiry under this section shall have all the powers of a Magistrate in holding an inquiry notification) shall accordingly extend to that substance in like manner as if it were included in the definition of the term
into an offence under the 9[Code of Criminal Procedure, 1973 (2 of 1974)], and may exercise such of the powers “explosive” in this Act
conferred on any officer by rules under section 7 as he may think it necessary or expedient to exercise for the 18. Procedure for making, publication and confirmation of rules
purposes of the inquiry.  (1) An authority making rules under this Act shall before making the rules, publish a draft of the proposed rules for
 3) The person holding an inquiry under this section shall make a report to the Central Government stating the causes the information of persons likely to be affected thereby.
of the accident and its circumstances.  (2) The publication shall be made in such manner as the Central Government, from time to time, by notification in the
 (4) The Central Government may make rules— Official Gazette prescribes.
• (a) to regulate the procedure at inquiries under this section;  (3) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into
• (b) to enable the 10[Chief Controller of Explosives] to be present or represented at any such inquiry; consideration.
• (c) to permit the 10[Chief Controller of Explosives] or his representative to examine any witnesses at the  (4) The authority making the rules shall receive and consider any objection or suggestion which may be made by any
inquiry; person with respect to the draft before the date so specified
• (d) to provide that where the 10[Chief Controller of Explosives] is not present or represented at any such  (5) A rule made under this Act shall not take effect until it has been published in the Official Gazette
inquiry, a report of the proceedings thereof shall be sent to him;  (6) T he publication in the Official Gazette of a rule purporting to be made under this Act shall be conclusive
• (e) to prescribe the manner in which and the time within which notices referred to in section 8 shall be given evidence that it has been duly made, and, if it, requires sanction, that it has been duly sanctioned.
10. Forfeiture of explosives  (7) All powers to make rules conferred by this Act may he exercised from time to time as occasion requires.
When a person is convicted of an offence punishable under this Act, or the rules made under this Act, the court before which  (8) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament,
he is convicted may direct that the explosive, or ingredient of the explosive, or the substance (if any) in respect of which the while it is in session, for a total period of thirty days which may be comprised in one session or in two or more
offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the successive sessions, and if, before the expiry of the session immediately following the session or the successive
same, be forfeited. sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule
11. Distress of aircraft or vessel should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case
Where the owner or Master of any aircraft or vessel is adjudged under this Act to pay a fine for any offence committed with, may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything
or in relation to, that aircraft or vessel, the. Court may, in addition to any power it may have for the purpose of compelling previously done under that rule.
payment of the fine, direct it to be levied by distress and sale of,- IBR-INDIAN BOILER REGULATION-1950
(a) the aircraft and its furniture or so much of the furniture, or • In the year 1863, a very serious boiler explosion occurred in Calcutta which caused the loss of several lives. As a
(b) the vessel and the tackle, apparel and furniture of such vessel or so much of the tackle, apparel and furniture thereof, result of this explosion, the necessity of inspection of boilers was widely recognised and a bill was introduced in the
as is necessary for the payment of the fine. Bengal Council to provide for the inspection of steam boilers. In the year 1864, the Bengal Act VI of 1864 was
12. Abetment and attempts. passed which provided for the inspection of steam boilers and prime movers in the town and suburbs of Calcutta.
Whoever abets, within the meaning of the Indian Penal Code (45 of 1860), the commission of an offence punishable under This is the beginning of boiler legislation in India
this Act, or the rules made under this Act, or attempts to commit any such offence and in such attempt does any act towards • Following the Bengal Act of 1864, each of the other provinces framed legislation. At that time there were seven
the commission of the same, shall be punished as if he had committed the offence different Acts and seven different sets of rules and regulations. Those Acts and rules & regulations were inconsistent
13. Power to arrest without warrant persons committing dangerous offences with one another. As the differences in the Acts and rules and regulations among the various provinces in India gave
Whoever is found committing any act for which he is punishable under this Act or the rules under this Act, and which tends to rise to many difficulties and hampered the development of industries, the Central Government appointed a committee
cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any called "The Boiler Law Committee" in 1920 to examine and report on the general question of boiler legislation in
carriage, 2[aircraft or vessel], may be apprehended without a warrant by a Police-officer, or by the occupier of, or the agent or India.
servant of, or other person authorized by the occupier of, that place, or by any agent or servant of, or other person authorized • The Boiler Laws Committee, 1920-21, the first to review the boiler laws on a national scale reported in March, 1921.
by, the railway administration or 3[conservator of the port or officer in charge of the air port], and be removed from the place The Committee prepared a draft Act on the lines of which, the basic All-India Act was passed in 1923. The Boiler
where he is arrested and conveyed as soon as conveniently may be before a Magistrate Laws Committee also prepared a uniform set of technical regulations and a model set of administrative rules.
14. Saving and power to exempt • The Government of India Act, 1935 assigned the subject 'Boilers' to the concurrent field. The provision for
The Central Government may by notification in the Official Gazette exempt, absolutely or subject to any such conditions as it constituting Central Boilers Board having the authority to make regulations consistent with the Act was made in the
may think fit to impose, 1[any explosive and any person or cl ass of per sons f r om al l or any of the provisions of t hi s Act Indian Boilers (Amendment) Act, 1937. A Board called the Central Boilers Board was accordingly constituted in the
or the rules made thereunder. year 1937. The Central Boilers Board in exercise of the powers conferred under section 28 of the said Act, formulated
15. Saving of Arms Act, 1959 regulations on boilers. The current version of these regulations is known as the Indian Boiler Regulations, 1950
 Nothing in this Act shall affect the provisions of the 2[Arms Act, 1959 (4 of 1959)]: INDIAN BOILER (AMENDMENT) REGULATIONS, 2022
 Provided that an authority granting a license under this Act for the manufacture, possession, sale, transport or • In regulation 4J, which specifies Procedure for Recognition of Competent Person, in sub-regulation (3), clause (1)
importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct has been substituted, namely:
by an order written on the license that it shall have the effect of a like license granted under the said Arms (4 of 1959) • “(i) an examination shall be conducted by the Central Boilers Board Examination Standing Committee or an agency
Act, 1959 or Regional Examination Standing Committees authorised by it, as per the following examination methods, namely:-
 – (a) written Examination consisting of such number of papers as the Central Boilers Board Examination SERVICE RULES AND PROCEDURES
Standing Committee may decide, on design, manufacture, operation and maintenance of the boiler, Non LIST OF SERVICE RULES
Destructive Testing Techniques, inspection and certification of boilers during manufacture and use as per  The All India Services Act, 1951
Indian Boiler Regulations( 70% weightage);  The All India Services (Leave) Rules, 1955
– (b) candidate shall secure at least 45% marks in individual written examination papers and at least 60%  The All India Services (Special Disability Leave) Regulations, 1957
marks in aggregate to qualify for viva-voce;  The All India Services (Study Leave) Regulations, 1960
– (c) viva-voce on the above (30% weightage );  The All India Services (Medical Attendance) Rules, 1954
– (d) candidate shall secure at least 60% marks in aggregate (written exam with 70% weightage and viva-voce  The All India Services (Provident Fund) Rules, 1955
with 30% weightage) in order to pass the examination;  The All India Services (Compensatory Allowance) Rules, 1954
– (e) The Central Boilers Board shall issue a passing grade certificate to the candidate after passing the  The All India Services (Travelling Allowance) Rules, 1954
examination.”  The All India Services (Conduct) Rules, 1968
GAS CYLINDER RULES  The All India Services (Prevention of Sexual Harassment) Regulations, 1998
 The Gas Cylinders Rules were first published in 1940 after Govt. of India Notification No. M-1272 (1), dated 28th  The All India Services (Discipline and Appeal) Rules, 1969
September, 1938 declaring any gas when contained in any metal container in a compressed or liquefied state to be an  The All India Services (Death-Cum-Retirement Benefits) Rules, 1958
explosive within the meaning of Explosives Act, 1884.  The All India Services (Commutation of Pension) Regulations, 1959
 The above rules were replaced by the Gas Cylinders Rules, 1981, after a comprehensive review in the light of the  The All India Services (Conditions of Service-Residuary Matters) Rules, 1960
development of the gas industry after independence. Eighties & Nineties witnessed massive expansion in the gas and  The All India Services (Remittances Into and Payments from PF and family pension Funds) Rules, 1958
related industries triggered by economical liberalization and globalization, use of LPG as industrial and domestic  The All India Services (Performance Appraisal Report) Rules, 2007
fuel, introduction of CNG and LPG as environmental friendly automotive fuels, entry of new technologies, etc, which  The All India Services (Joint Cadre) Rules, 1972 - As Amended
necessitating another round of review and bringing out the new Gas Cylinders Rules  The All India Services (Dearness Allowance) Rules, 1972
THE MAJOR ACTIVITIES COVERED  The Former Secretary of State Service Officers (Conditions of Service) Act, 1972)
 Grant of approval of manufacturing units of cylinders, valves & LPG regulators and designs of these equipment's;  The All India Services (Leave Travel Concession) Rules, 1975
 Licensing of gas filling plants, CNG fuelling stations, cylinders storage premises and import of cylinders/valves;  The All India Services (House Rent Allowance) Rules, 1977
 Grant of permission for filling of cylinders;  The All India Services (House Building Advanced) Rules, 1978
 Recognition of cylinder testing stations etc.  The All India Services (Group Insurance) Rules, 1981
 This Organisation also plays a crucial role in the formulation of standards for cylinders, valves, regulators, etc.  The All India Services (Confidential Roll) Rules, 1970
 The Organisation regularly undertakes safety audits of gas installations, filling plants, CNG fuelling stations, THE ALL-INDIA SERVICES ACT, 1951
cylinder, valve and regulator manufacturing units, etc. approved/licensed under the aforesaid Rules to ensure the  An Act to regulate the recruitment, and the conditions of service of persons appointed, to the All-India Services
compliance of the Rules and also to inculcate safety awareness. common to the Union and the States.
GAS CYLINDER RULES  The Central Government may, after consultation with the Governments of the States concerned, [including the State
These rules are framed in exercise of the powers conferred by sections 5 and 7 of the Explosives Act, 1884 (4 of 1884) of Jammu and Kashmir [and by notification in the Official Gazette]] make rules for the regulation of recruitment, and
and in supersession of the Gas Cylinders Rules, 2004, There are 5 schedules and 7 forms in gas cylinder rules 2016 the conditions of service of persons appointed to an All-India Service.
THE ALL INDIA SERVICES (LEAVE) RULES, 1955
 Right of leave— Leave cannot be claimed as of right and when the exigencies of public service so demand, leave of
any description may be refused or revoked by the Government.
 Return to duty on expiry of leave—Except with the permission of the authority which granted him leave, no
member of the Service on leave may return to duty before the expiry of the period of leave granted to him.
 Maximum period of absence from duty—
(1) No member of the Service shall be granted leave of any kind for a continuous period exceeding five years.
(2) A member of the Service shall be deemed to have resigned from the service if he –
(a) is absent without authorization for a period exceeding one year from the date of expiry of sanctioned
leave or permission, or
(b) is absent from duty for a continuous period exceeding five years even if the period of unauthorized
absence is for less than a year, or
(c) continues of foreign service beyond the period approved by the Central Government:
 The leave account of a member of the Service shall be credited with 30 days earned leave in calendar year. This shall
be done in advance in two instalments of 15 days each on the 1st of January and July, every year:
 The earned leave at the credit of a member of the Service at the close of a half-year shall be carried forward to the
THE GAS CYLINDERS (AMENDMENT) RULES, 2019. next half-year subject to the condition that the earned leave so carried forward plus the credit for that half-year shall
not exceed 300 days
• In the Gas Cylinders Rules,2016, in rule 48, after sub-rule (3), the following sub-rule shall be inserted,
 Maternity leave, Paternity leave, Child care leave
• namely:— THE ALL INDIA SERVICES (PROVIDENT FUND) RULES, 1955
 A new pension system based on defined contribution has been introduced in respect of persons recruited to
• “(3A) The requirement of “No Objection Certificate” from District Authority under sub-rule (2) shall not be Government service from the 1st day of January, 2004. As the new pension system shall not be applicable to the
applicable for a licence in form “G” forming part of a service station licensed in form XIV under the existing Government servants. the interest of the existing officers of All India Service shall not be affected by giving
Petroleum Rules, 2002.”. retrospective effect to the amendment.
THE ALL INDIA SERVICES (COMPENSATORY ALLOWANCE) RULES, 1954 from the Service a compassionate allowance not exceeding two-thirds of the retirement benefits which would have
“compensatory allowance” means an allowance granted to meet personal expenditure necessitated by the special been admissible to him if he had been invalidated and not dismissed or removed from the Service
circumstances in which duty is performed, but it does not include dearness allowance, sumptuary allowance, or any other  6 Recovery from pension.- 6(1) The Central Government reserves to itself the right of withholding a pension or
allowance which is regulated by separate rules made from time to time under the All India Services Act, 1951 (LXI of 1951); gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from
THE ALL INDIA SERVICES (TRAVELLING ALLOWANCES) RULES, 1954. pension or gratuity of the whole or part of any pecuniary loss caused to the Central or a State Government, if the
The travelling allowances of a member of the Service who is serving under one Government shall, on transfer or deputation pensioner is found in a departmental or judicial proceedings to have been guilty of grave misconduct or to have
or service under any other Government, be governed by the rules of the Government under whom he is transferred or deputed caused pecuniary loss to the Central or a State Government by misconduct or negligence, during his service,
to serve unless, by a special or general order of the Government, he continues to be governed by the rules of the Government including service rendered on re-employment after retirement
under whom he was serving before such transfer or deputation. THE ALL INDIA SERVICES (PERFORMANCE APPRAISAL REPORT) RULES, 2007
THE ALL INDIA SERVICES (CONDUCT) RULES, 1968  2. Definitions. - In these rules, unless the context otherwise requires;-
In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the ------(a) “accepting authority” means the authority which supervises the performance of the reviewing authority as may be
Central Government after consultation with the Governments of the State concerned, hereby makes the following rules, specifically empowered in this behalf by the Government;
namely: —the All India Services (Conduct) Rules, 1968.  (b) “benchmark score” shall mean the minimum numerical weighted mean score arrived at for overall grading above
THE ALL INDIA SERVICES (PREVENTION OF SEXUAL HARASSMENT) REGULATIONS, 1998 which an officer shall be regarded as fit for promotion or empanelment, as the case may be, to the next higher grade;
Definition: — Sexual harassment includes such unwelcome sexually determined behaviors (whether directly or otherwise) as:  (c) reporting authority” means such authority or authorities supervising the performance of the member of the Service
— reported upon as may be specifically empowered in this behalf by the Government;
(a) Physical contact and advances;  (d) “reviewing authority” means such authority or authorities supervising the performance of the reporting authority
(b) A demand or request for sexual favours; as may be specifically empowered in this behalf by the Government;
(c) Sexually coloured remarks; ------(1) A performance appraisal report assessing the performance, character, conduct and qualities of every member of
(d) Showing pornography or the Service shall be written for each financial year or as may be specified by the Government in the Schedule 2:
(e) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.  (2) The comments of the reporting, reviewing and accepting authority shall be recorded electronically in case he is a
 Prohibition of sexual harassment of working women— government servant.
(1) Every member of the Service shall take all possible steps to ensure that all Government Servants for the timebeing  (3) The political executives may record their comments manually and the performance appraisal report so recorded
under his control and authority keep away from any act of sexual harassment of working women. shall be uploaded electronically as per time frame specified in Schedule 2:
(2) Every member of the Service who is incharge of a work place shall take appropriate steps to prevent sexual  (4) The accepting authority shall within fifteen days from the date of receipt of comments from the officer reported
harassment to any woman at such working place. upon forward the same to the reviewing and the reporting authority and call for their views on the comments and the
(3) No member of the Service shall indulge in any act of sexual harassment of any woman at working place. comments of reporting and reviewing authority are required to be sought even if they have retired or demitted or
THE ALL INDIA SERVICES (DISCIPLINE AND APPEAL) RULES, 1969 relinquished office, and in case the comments of reporting and reviewing authority are not received within fifteen
• Suspension.— (1) If, having regard to the circumstances in any case and, where articles of charge have been drawn days from the date of receipt, it shall be presumed that reporting and reviewing authority have no comments to offer.
up, the nature of the charges, the Government of a State or the Central Government, as the case may be, is satisfied  (5) The reporting authority shall, within fifteen days of receipt of comments from the officer reported upon forward
that it is necessary or desirable to place under suspension a member of against whom disciplinary proceedings are his own views on the comments to the reviewing authority failing which it shall be presumed that he has no views
contemplated or are pending, that Government may— (a) if the member of the Service is serving under that thereon.
Government, pass an order placing him under suspension, or (b) if the member of the Service is serving under  (6) The reviewing authority shall forward the comments of the officer reported upon along with the views of the
another Government request that Government to place him under suspension, pending the conclusion of the reporting authority and his own views to the accepting authority within fifteen days of receipt of the views of the
disciplinary proceedings and the passing of the final order in the case. he Service, reporting authority.
• Subsistence allowance during suspension— A member of the Service under suspension or deemed to have been Disclosure of performance appraisal report to the officer reported upon and procedure for representation to the Referral
placed under suspension by the Government concerned shall be entitled to receive from that Government:— Board. –
• (a) a subsistence allowance at an amount equal to the leave salary which a member of the Service would have drawn  (1) The full annual performance appraisal report, including the overall grade and assessment of integrity, shall be
if he had been on leave on half-average pay or on half pay and in addition, dearness allowance, if admissible on the disclosed electronically to the officer reported upon, after finalisation by the accepting authority except in the cases
basis of such leave salary: where it is generated manually, to enable the officer reported upon to represent his case.
• Provided that where the period of suspension exceeds three months, the authority which made or is deemed to have  (2) The officer reported upon may have the option to give his comments on the performance appraisal report in
made the order of suspension shall be competent to vary the amount of subsistence allowance for any period writing to the accepting authority within fifteen days of the receipt of the Performance Appraisal Report.
subsequent to the period of the first three months as follows: (i) the amount of subsistence allowance may be  (3) The comments shall be restricted to the specific factual observations contained in the Performance Appraisal
increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period Report leading to the assessment of the officer in terms of attributes, work output and competency.
of the first three months, if, in the opinion of the said authority, the period of suspensions has been prolonged for  (7) If the accepting authority is of a level below the Minister in the State or in the Central Government, then the
reasons, to be recorded in writing, not directly attributable to the member of the Service; competent authority to decide the representation shall be one level higher than the accepting authority and in such
ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958 cases the accepting authority shall forward the comments of the officer reported upon along with the views of the
 3. General Conditions.- reporting authority, reviewing authority and his own views to the competent authority within fifteen days of receipt of
 3(1) Future good conduct of the pensioners is an implied condition of every grant of pension and its continuance. the views of the reviewing authority, and the comments of the accepting authority are required to be sought even if he
 3(2) The Central Government may withhold or withdraw any pension or any part of it, for a specified period or has retired or demitted or relinquished office.
indefinitely, on a reference from the State Government concerned, if after retirement a pensioner is convicted of a  (7A) The competent authority shall consider the comments of the officer reported upon, the views of the reporting
serious crime or be guilty of grave misconduct. authority, reviewing authority and accepting authority and after due consideration, the competent authority may
 4. Limitations:- (1) A member of the service cannot earn two pensions in the same post at the same time or by the accept them and modify the performance appraisal report with a speaking order and the final grading shall be
same continuous service. communicated to the officer reported upon within fifteen days of receipt of the views of the accepting authority.
 5. Removal, Dismissal or Resignation from Service. - 5(1) No retirement benefits may be granted to a person who has THE ALL INDIA SERVICES (DEARNESS ALLOWANCE) RULES, 1972.
been dismissed or removed from the Service or who has resigned from the Service: Provided that, if the • 3. Regulation of dearness allowance: Every member of the Service and every officer, whose initial pay is fixed in
circumstances of the case so warrant the State Government may grant to a person who has been dismissed or removed accordance with sub-rule (5) or sub-rule (6A) of rule 4 of the Indian Administrative Service (Pay) Rules, 1954 or sub-
rule (5) of rule 4 of the Indian Police Service (Pay) Rules, 1954 or sub-rule (6) of rule 4 of the Indian Forest Service
 (Pay) Rules, 1968, shall be entitled to draw dearness allowance at such rates, and subject to such conditions, as may PREAMBLE OF THE CONSTITUTION
be specified by the Central Government, from time to time, in respect of the officers of Central Civil Services, Class  We, the people of india,
I.  Having solemnly resolved to constitute India into a sovereign socialist secular democratic republic and to secure to all
THE ALL INDIA SERVICES (LEAVE TRAVEL CONCESSION) RULES, 1975 its citizens:
 1. LTC is not admissible to visit a place outside India  Justice, social, economic and political;
 2. Government servant under suspension cannot avail of LTC:  Liberty of thought, expression, belief, faith and worship;
 3. LTC advance can be drawn 60 days before the proposed date of outward journey  Equality of status and of opportunity;
 4. For LTC to visit any place in India (other than home town), once in a block of four years, the reimbursement of  And to promote among them all:
fare may be allowed for the entire distance both ways without any deduction in respect of the first 400/160 kms as at  Fraternity assuring the dignity of the individual and the unity and integrity of the nation.
present: FUNDAMENTAL RIGHTS
(a) Where no LTC advance is taken, LTC bill submitted within a period not exceeding six months.  Equality before the law.
(b) Where LTC advance has been drawn the LTC claim for reimbursement submitted within a period of three months  Freedom from discrimination on grounds of religion, race, caste, sex or place of birth.
after the completion of return journey (provided the Government servant refunds the entire advance within 45 days  Equality of opportunity in matters of public employment.
after the completion of the ruturn journey).  Freedom of speech and expression.
THE ALL INDIA SERVICES (HOUSE RENT ALLOWANCE) RULES, 1977  Right to assembly peacefully without arms.
• (1) A member of the Service, serving in connection with the affairs of the Union, shall be entitled to draw House Rent  Protection against deprivation of life and personal liberty.
Allowance at such rates, and subject to such conditions as may be specified by the Central Government from time to  Freedom of conscience and the profession, practice and propagation of religion.
time, in respect of officers of the Central Civil Services, Group ‘A’.  To move freely through India, to reside and settle in any part of India.
• Based on the recommendations of the Sixth Central Pay Commission, the earlier classification of cities has been FUNDAMENTAL DUTIES
revised viz. A-1 to “X”, A, B-1 & B-2 to “Y” and C & Unclassified to “Z”.  Added to the Constitution in 1977.
• 1. An officer owns a house, but living in a rented house, which has been leased in the name of his wife. The rent of  To abide by the Constitution.
the house is, however, reported to be paid by the officer. Since the house has been leased in the name of wife of the  Respect its ideals and institutions, the National Flag and the National Anthem.
officer, a question has been raised whether in view of Note 2 below Rule 4 of the House Rent Allowance Rules  To value and preserve the rich heritage of our composite culture.
applicable to the Central Governments servants, the officer can be granted HRA or is it necessary that he should first  To protect and improve the national environment including forests, lakes, rivers and wild life.
get the lease of the house transferred in his own name to get the HRA. It has been decided in consultation with the  To have compassion for living creations.
Ministry of Finance that the officer concerned cannot claim House Rent Allowance on the basis of the rent paid by  To strive towards excellence in all spheres of individual and collective activity.
his wife. However, as a co-sharer of the accommodation, he can claim HRA in respect of 40% of the rent actually CRIMINAL LAW
paid by his wife  Indian Penal Code (IPC) provides a penal code for all of India including Jammu and Kashmir, where it was renamed
the Ranbir Penal Code (RPC).
 The code applies to any offence committed by an Indian Citizen anywhere and on any Indian registered ship or
aircraft.
 Indian Penal Code came into force in 1862 (during the British Raj) and is regularly amended, such as to include
COURT PROCEDURES section 498-A.
INDIAN LEGAL SYSTEM CIVIL PROCEDURE CODE
• Indian law refers to the system of law which operates in India. The Civil Procedure Code (C.P.C.) regulate the functioning of Civil courts.
• It is largely based on English common law. It lays down the:
• Various Acts introduced by the British are still in effect in modified form today. -Procedure of filing the civil case.
• Much of contemporary Indian law shows substantial European and American influence. - Powers of court to pass various orders.
HISTORY OF INDIAN LAW - Court fees and stamps involved in filing of case.
• Ancient India represented a distinct tradition of law. - Rights of the parties to case (plaintiff & defendant)
• India had an historically independent school of legal theory and practice. - Jurisdiction & parameters of civil courts functioning.
• The Arthashastra, dating from 400 BC, and the Manusmriti, from 100 AD, were influential treatises in India. - Specific rules for proceedings of a case.
• Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia. - Right of Appeals, review or reference.
SOURCE OF LAW FAMILY LAW
Primary Source:  Indian civil law is complex, with each religion having its own specific laws which they adhere to.
a. The primary source of law is in the enactments passed by the Parliament or the State Legislatures.  After independence Indian laws have adapted to the changing world.
b. The President and the Governor have limited powers to issue ordinances.  The most recent being the Domestic Violence Act[2005].
c. These ordinances lapse six weeks from the re-assembly of the Parliament or the State Legislature. INDUSTRIAL AND LABOUR LAWS
Secondary Source:  The most notable laws are as follows:
a. Secondary source of law is the judgments of the Supreme Court, High Courts and some of the specialised Tribunals.  Industrial Dispute Act, 1947
b. The Constitution provides that the law declared by the Supreme Court shall be binding on all courts within India.  Wages Act, 1948
CONSTITUTION OF INDIA  Employees State Insurance Act, 1948
• The Constitution declares India to be a sovereign socialist democratic republic, assuring its citizens of justice,  Employees Provident Fund and Miscellaneous Provisions Act, 1952
equality, and liberty.  Beedi and Cigar workers Act, 1974
• It is the longest written constitution of any independent nation in the world.  Equal Remuneration Act, 1976
• It contains 395 articles and 12 schedules, as well as numerous amendments, for a total of 1,17,369 words in the  Contract Labour Act, 1970
English language version.  Child Labour Act, 1986
 Bonded Labour System Act, 1976
THE EMPLOYEE’S PROVIDENT FUNDS ACT, 1952  Appeals lie to the higher courts from the lower courts. An appeal may also lie to the High Court against the decisions
The Act shall apply to: of the District judge’s court or the Session Judge’s court.
• every establishment which is a factory  In a Presidency town, there are city civil courts and Metropolitan Magistrates courts.
• engaged in any industry mentioned in schedule I of the Act and  In this connection, we are to note that most of the Judges of the subordinate courts are appointed by the Governor in
• employing 20 or more persons or consultation with the High Court of the concerned State.
• any other establishment employing twenty or more persons or SALIENT FEATURES OF INDIAN JUDICIARY
• such other establishment as the Central Government may notify. 1. Single and Integrated Judicial System
RIGHT TO INFORMATION ACT, 2003 • The Constitution establishes a single integrated judicial system for the whole of India.
 The Right to Information emerges out of the umbrella of Right to Freedom of Speech and Expression and Right to • The Supreme Court of India is the highest court of the country and below it are the High Courts at the state level.
Life. • Other courts (Subordinate Courts) work under the High Courts.
 Right to Information is also the centrifugal point for access to myriad other basic human rights such as environment, • The Supreme Court controls and runs the judicial administration of India.
health, food, livelihood etc. • All courts in India form links of a single judicial system.
 The most direct transformation that the right to information effects is in the governance system. 2. Independence of Judiciary:
 From the perspective of citizenship, right to information is the primary tool in the hands of the citizen. The Constitution of India makes judiciary truly independent.
WRITS It provides for:
The Writs are issued by the Supreme Court under Article 32 and by the High Courts under Article 226 of the Constitution of (i) Appointment of judges by the President,
India. (ii) High qualifications for appointment as judges,
Types of Writs: (iii) Removal of judges by a difficult method of impeachment,
• Writ of prohibition (iv) High salaries, pension and other service benefits for judges,
• Writ of habeas corpus (v) Independent establishment for the Judiciary, and
• Writ of certiorari (vi) Adequate powers and functional autonomy for the Judiciary.
• Writ of mandamus All these features together make the Indian Judiciary an independent judiciary.
• Writ of quo warranto 3. Judiciary as the Interpreter of the Constitution
MEANING OF LAW • The Constitution of India is a written and enacted constitution.
 SET OF RULES AND REGULATIONS IMPOSED BY AUTHORITY • The right to interpret and clarify the Constitution has been given to the Supreme Court.
 IGNORANCE OF LAW IS NO EXCUSE • It is the final interpreter of the provisions of the Constitution of India.
 LAW IS NECESSARY FOR ORDER, PEACE ,DISCIPLINE IN SOCIETY 4. Judicial Review
INDIAN JUDICIAL SYSTEM • The Constitution of India is the supreme law of the land.
 The three-tiered system of Indian judiciary comprises of Supreme Court (New Delhi) at its helm; • The Supreme Court acts as the interpreter and protector of the Constitution.
 High Courts standing at the head of state judicial system; • It is the guardian of the fundamental rights and freedoms of the people.
 Followed by district and sessions courts in the judicial districts, into which the states are divided. • For performing this role, it exercises the power of judicial review.
 The lower rung of the system then comprises of courts of civil (civil judges) & criminal (judicial/metropolitan • The Supreme Court has the power to determine the constitutional validity of all laws.
magistrates) jurisdiction. • It can reject any such law which is held to be unconstitutional. High Courts also exercise this power.
HIERARCHY OF JUDICIARY IN INDIA 5. High Court for each states as well a Provision for Joint High Courts
THE SUPREME COURT • The Constitution lays down that there is to be a High Court for each state.
The Supreme Court has • However, two or more states can, by mutual consent, have a Joint High Court.
 original, 6. Supreme Court as the Arbiter of legal disputes between the Union and States
 Appellate, The Constitution gives to the Supreme Court the jurisdiction in all cases of disputes:
 writ and • (i) Between the Government of India and one or more states,
 Advisory Jurisdictions • (ii) Between the Government of India and any state or states on one side and one or more states on the other, and
Jurisdiction of High Court • (iii) Between two or more states.
 Every High Court enjoys original jurisdiction with respect to revenue and its collection, cases of succession, divorce 7. Guardian of Fundamental Rights
etc. • Indian judiciary acts as the guardian of fundamental rights and freedoms of the people.
 In its appellate Jurisdiction, it hears appeals from the lower courts in cases concerning sales-tax, income tax, copy • The people have the Right to Constitutional Remedies under which they can seek the protection of the courts for
right, patent-right etc. The High Court is a court of record and its proceedings and decisions are referred to in future preventing a violation or for meeting any threat to their rights.
cases. • The Supreme Court and the High Courts have the power to issue writs for this purpose.
 A High court can issue writs for the enforcement of fundamental rights or for any other such purpose. 8. Separation of Judiciary from the Executive
 A High Court supervises the working of all subordinate courts and frames rules and regulations for the transaction of • The Constitution of India provides for a separation between the judiciary and the other two organs of the government.
business. • The judiciary is neither a branch of the executive nor in any way subordinate to it.
 The High Court is empowered to interpret the constitution of India. It can review the laws of the State Legislature and • The judicial administration in India is oraganised and run in accordance with the rules and orders of the Supreme
may declare them null and void if they go against the provisions of the constitution. Court.
 Again, if a High court is satisfied that a case pending in a lower court involves a substantial question of law as to the 9. Open Trial
interpretation of the constitution, it my dispose of the case itself. • The courts in India are free.
SUBORDINATE COURTS • These conduct open trials.
 There are subordinate courts below the High court in each state. • The accused is always given full opportunity to defend himself.
 The courts are under the complete control of the High court. The lower court (e.g. Nyaya Panchayat or Munsiffs • The state provides free legal aid to the poor and needy.
court) deals with minor cases while the higher courts (e.g., subordinate Judge’s court or District Judge’s court) deal 10. Judicial Activism
with important cases. • Indian Judicial System has been becoming more and more active.
 • The Supreme Court has been coming out with judicial decisions and directives aimed at active protection of public TRIBUNAL VS COURT
interest and human rights.
• Judiciary has been giving directives to public officials for ensuring a better security for the rights of the public.
• The Public Interest Litigation system has been picking up. The system of Lok Adalats has also taken a proper shape
and health.
11. Public Interest Litigation System
• Under this system the courts of law in India can initiate and enforce action for securing any significant public or
general interest which is being adversely affected or is likely to be so by the action of any agency, public or private.
Under it any citizen or a group or a voluntary organisation, or even a court herself, can bring to notice any case
demanding action for protecting and satisfying a public interest.
• It provides for an easy, simple, speedier and less expensive system of providing judicial relief to the aggrieved public.
With all these features, the Indian Judicial System is an independent, impartial, free, powerful and efficient judicial
system.

CIVIL LAW VS CRIMINAL LAW

JUDGEMENT VS DECREE

COGNISABLE VS NON COGNISABLE OFFENCE

Functions of Judiciary