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

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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

  What is Contempt of

 

What is Contempt of order.
What is Caveat petition.

Can u please explain in detail sir. 

Thanks.

can you please inform the

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 

Normally benefits should e

Normally benefits should e given or not will be mentioned in the dismissal order. It is not uniform.

Is there any rule if any

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.

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