Discipline and Appeal Rules (DAR) Appeal/Revision/Review

Appeal

  • 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.

Revision

  • 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.

Review

  • 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.

After retirement

  • 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.

Death

  • Disciplinary proceedings should be closed immediately on the death of charged employee.

Reemployment

  • Does not forbid reemployment of Dismissed/Removed/Compulsorily retired employee.

Safety related

  • Consultation with Safety department is essential where Disciplinary/ Appellate/ Revisionary authority disagrees with the views of safety department in safety related disciplinary cases.

CAT orders

  • 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.

 

Comments

vijaymasih

Thu, 09/02/2012 - 20:50

Is there any rule if any emloyee is going to be retire after six month. A major chargeet (SF5)

is served. can that chargesheet should be finalised within specified period, so the retieing

employee may be eligible for retiement beifit.

Member for

49 years 6 months

Guest (not verified)

Sun, 16/09/2012 - 23:12

can you please inform the benefits eligible and emoluments eligible in case a employee is dismissed and also if removed after completing 19 years of  service 

Member for

10 hours 53 minutes

Jothindar.MVD

Fri, 11/10/2019 - 09:30

respected sir

i had been promoted from helper to tech.3 in QSE. meanwhile training period had completed and tradetest completed waiting for office order i had beena SF5 reduction to lower stage for 5years .my question is after completing 5 years can i get my promotion backis please suggest how to get promotion