TOPICS COVERED TOPICS COVERED Forms Authorities Suspension Penalties Charge sheet Charge sheet...
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Transcript of TOPICS COVERED TOPICS COVERED Forms Authorities Suspension Penalties Charge sheet Charge sheet...
TOPICS COVEREDTOPICS COVERED
FormsAuthorities
Suspension
Penalties
Charge sheet
HoldingHolding inquiries
SpeaSpeaking Orders
Entire DAR
Spl.Privileges
Review
Revision
Appeals
Monograplh on D&AR
FORMs USED IN DAR DEALINGSFORMs USED IN DAR DEALINGSS/Forms
S.F. 1 SUSPENSIONS.F. 2 DEEMED SUSPENSIONS.F. 3 UNEMPLOYMENT CERTIFICATES.F. 4 REVOCATION
S.F. 5 MAJOR PENALTY CHARGESHEETS.F. 6 REFUSAL OF ADDL.DOCUMENTSS.F. 7 APPOINTMENT OF INQUIRY OFFICERS.F. 8. - DO - OF PRESENTING OFFICER
S/FormsS.F.10 C\SHEET IN COMMON PROCEEDINGS.F.10A APPT. OF I.O. IN -DO-S.F.10B APPT. OF P.O. IN -DO-
S.F.11 MINOR PENALTY CHARGESHEETS.F.11A INQUIRY IN MINOR PENALTY C\S.S.F.11B MINOR PENALTY AFTER ISSUE OF SF 5
SF 9 A-C CANCELLED DURING 1972 And 1975
Details Pl.
authoritiesauthoritiesdisciplinary authority
(for N G) One who can impose a penalty as per SOP that is only Minor or both if
can impose any major penalty.for Gazetted - One who can impose any
of the penalty under Rule 6 of DAR
appointing authorityThe Authority that appointed the employee
in the present grade in which workingand not the initial appointing authority
controlling authorityUnder whose control the employee
is working including heirachy
Details Pl.
SUSPENSION SUSPENSION WHAT IS SUSPENSION ?WHY DO WE SUSPEND AN EMPLOYEE ?
SUSPENSION may BE RESORTED TOONLY ON THE FOLLOWING GROUNDS :-
* WHEN DISCIPLINARY PROCEEDING IS CONTEMPLATED OR PENDING.
* INVOLVED IN ACTIVITIES THAT ARE PREJUDICIAL TO THE SECURITY OF THE STATE.* INVESTIGATION OR UNDER TRIAL FOR AN CRIMINAL OFFENCE.
ORDERS EFFECTIVE after ACKNOWLEDGEMENT
Cont.Cont.
DEEMED SUSPENSIONDEEMED SUSPENSION
WHAT IS DEEMED SUSPENSION ?IS IT DIFFERENT FROM SUSPENSION ?
DEEMED SUSPENSION RESORTED TO IF :
- IN CUSTODY FOR A PERIOD BEYOND 48 HRS.- CONVICTED/IMPRISIONED BEYOND 48 HRS.- REINSTATED on APPEAL, REVISION, REVIEW OR BY ORDERS OF CAT OR COURT
BOARDS LETTER NO; E(D&A)85RG 6-15 OF 16.4.85 AND E(D&A)86 6-19 OF 21.3.86 VERY CLEARLY SAYS THAT SUSPENSION SHOULD BE FOLLOWED BY A MAJOR PENALTY OTHERWISE THE ENTIRE PERIOD IS TO BE
TREATED AS DUTY FOR ALL PURPOSE.Cont..Cont..
ENTITLEMENTS DURING ENTITLEMENTS DURING SUSPENSIONSUSPENSION
SUB .ALLOWANCES
• SUBSISTENCE ALLOWANCE.• REVIEW (1ST AFTER 3 MTHS). • D.A. ON SUBSISTENCE ALLOWANCES.• PASSES - 1/2 Numbers FOR GAZ. and 1 TO N.G., IF NOT AVAILED.• P.L.B. - PAYABLE ON RESUMPTION.• MEDICAL FACILITIES INDOOR AS WELL AS OUTDOOR.• CAN ACT AS DEFENSE COUNSEL.• CAN BE ELECTED AS OFFICE BEARER OF A UNION.• CALL FOR SELECTIONS/ TR ADE TEST NON- SELECTIONS - RESULTS - SEALED COVER• CAN LEAVE HQRTS - WRITTEN PERMISSION • NO TYPE OF LEAVE TO BE GRANTED
Cont.Cont.
SUBSISTENCE ALLOWANCESUBSISTENCE ALLOWANCE SURVIVAL
EQUAL TO HLAPDEDUCTIONS
MINIMUMCOMPULSORY
OPTIONA L NON-DEDUCTABLE
IF SUBSISTENCE ALLOWANCE IS NOT PAID TO THE EMPLOYEE EX-PARTE DECISION CANNOT BE TAKEN- S.C.
OVERPAYMENTS - DISCRETIONARYREPORT TO DUTY ONLY AFTER ISSUING SPECIFIC
REVOCATION ORDERS - FORM NO:- 4
Details Pl.
PENALTIES - RULE 6PENALTIES - RULE 6TWO TYPES OF PUNISHMENTS - MINOR AND MAJOR
MINOR PUNISHMENTS(i) CENSURE(ii) PROMOTIONS(iii) RECOVERY(iii) a PASSES/PTOs(iii) b REDUCTION IN TIME SCALE(3 CLAUSES)(iv) INCREMENTS
MAJOR PUNISHMENTS - (311 C.O.I)(v) REDUCTION IN TIME SCALE(vi) REDUCTION TO LOWER TIME SCALE(vii) COMPULSORY RETIREMENT(viii) REMOVAL FROM SERVICE(ix) DISMISSAL FROM SERVICE
CPR - PRI - RR - CRD Details Pl.Details Pl.
constitutional provisionconstitutional provisionARTICLE 311ARTICLE 311
PRINCIPLES OF NATURAL JUSTICEPRINCIPLES OF NATURAL JUSTICE1. NO ONE SHOULD BE JUDGED IN HIS OWN CAUSE2. HEAR THE OTHER SIDE3. THE DECISION SHOULD BE IN GOOD FAITH
1. NO CIVIL SERVANT SHALL BE DISMISSED OR REMOVED BY AN AUTHORITY SUBORDINATE TO THAT BY WHICH
HE WAS APPOINTED.2. NO SUCH PERSON SHALL BE DISMISSED OR REMOVED OR REDUCED EXCEPT AFTER AN INQUIRY IN WHICH:
a) HE IS INFORMED OF THE CHARGES AGAINST HIM andb) GIVEN A REASONABLE OPPORTUNITY OF BEING HEARD
IN RESPECT OF THESE CHARGES.
Details pl.Details pl.
CHARGESHEETCHARGESHEETWHAT IS A CHARGESHEET ?
-A DOCUMENTSHOWING CHARGES ALLEGED
withVIOLATION OF AN ORDER OR RULES
WHEN THERE IS A PRIMA FACIE EVIDENCE
Charge Sheet Charge Sheet
…………………………....
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………....
Cont..Cont..
WHEN DO YOU PROPOSE TO ISSUE A
CHARGESHEET ?
WHAT DO YOU GET FROM PRIMA FACIE EVIDENCE ?pr
ima
faci
eev
iden
ce
VIOLATION OF RULE / ORDER
GRAVITY OF OFFENCE
MAJOR OR MINOR PENALTY
SUSPENSION desired or NOT
INVOLVEMENT
Cont..Cont..
Before issuing a CHARGESHEET ensure you are in possession of
SSWW OO RR DDFFENDER ULES VIOLATEDOCUMENTS
RELIED UPONTATEMENTS OFALL WITNESS
SIBSIB
AIDAID
LORDLORD
LOWLOW
STATEMENT IN BRIEF
ALLEGATIONS IN DETAIL
LIST OF RELIED UPON DOCUMENTS
LIST OF WITNESS
DON’T FORGET TO DON’T FORGET TO SIGNSIGN EACH AND EVERY EACH AND EVERYPAGE ATTACHED TO THE CHARGESHEETPAGE ATTACHED TO THE CHARGESHEET
ITNESS
THE 4 ANNEXURES OF A CHARGESHEET ARETHE 4 ANNEXURES OF A CHARGESHEET ARE
See framing of charge sheet carefullySee framing of charge sheet carefully
Cont..Cont..