- Appellate authority is normally the next higher authority to which the disciplinary authority is subordinate.
- Appeal should be givenwithin a period of 45 days from date of order of punishment. Delay on sufficient causes may be condoned.
A single person should appeal in his own name and it should be addressed to the Appellate authority. It should not be in a disrespectful/improper language.
In case of major penalty to subordinate staff personal hearing may be granted by the Appellate authority.
- Decision may be (i) setting aside (ii) Reducing (iii) Confirming (ii) enhancing penalty.
In case of enhancement a reasonable opportunity may be given to make a representation.
- Normally there is no second appeal. It is permitted only in case of Group D staff who has been dismissed/removed/compulsorily retired.
- Group C and D staff who has been dismissed/removed/compulsorily retired within 45 days of disposal of appeal may apply for revision to GM/DRM/Seniormost Administrative Grade Officer. Choice of revision should be mentioned in the appellate order.
- Revising authority should not be less than the rank of JAG. Appellate authority may become revising authority if no appeal was made.
- No revision can be made after 6 months of date of order if it was proposed to enhance/modify to the detriment of employee. It will not be made after 1 year if the penalty was to be revised/cancelled. These limits do not apply if revision was to be made by President or Chief Executive.
- Decisions may be similar to those in appeal cases. Reasonable oportunity may be given in case of enhancement of punishment.
- When a new fact brought into light which may substantially affect the decision of case President of India may review any time on his own or on a reference made to him. Reasonable oportunity may be given in case of enhancement of punishment.
Other than official duty
- A Government Servant may taken up under DAR in respect of activities which are not purely official like mis-appropriation of funds and other irregular activities in relation to recreation clubs, co-operative societies , canteens etc.
- For pensioners also future good conduct is a pre-requisite for grant of pension and its continuation.
- Where disciplinary proceedings have been initiated against an employee while he was in service these may be continued and finalised after his retirement by the same authority.
- Final settlement of dues, that is pension, gratuity commutation etc. will be paid only on finalisation of case.
- Disciplinary proceedings can be initiated after retirement also with the sanction of President. It should not relate to an event which took place more than 4 years before the new date of initiating the case.
- If Disciplinary proceedings initiated before retirement have been concluded with the issue of government displeasure this should be clearly marked in the pension order.
- Disciplinary proceedings should be closed immediately on the death of charged employee.
- Does not forbid reemployment of Dismissed/Removed/Compulsorily retired employee.
- Consultation with Safety department is essential where Disciplinary/ Appellate/ Revisionary authority disagrees with the views of safety department in safety related disciplinary cases.
- Minor penalty cannnot be the basis for serious misconduct/carelessness as per CAT orders.
Action against Casual Labour
- D&A Rules do not apply to Casual Labour, but apply when they apply temporary status. In any case procedure of a show cause and reasonable opportunity to defend it is desirable for those not covered by D&A Rules.