THE
MAHARASHTRA CIVIL SERVICES
(Discipline
and Appeal)
Rules,
1979
(As
Amended upto 31.3.2008)
Contents
Rules:-
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PART
I- GENERAL |
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2. |
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3. |
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PART
II- SUSPENSION |
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PART
III- PENALTIES & DISCIPLINARY AUTHORITIES |
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6. |
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7. |
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PART
IV- PROCEDURE FOR IMPOSING PENALTIES |
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10. |
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11. |
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12. |
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13. |
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14. |
Provisions regarding officers lent to
any Government in India, local authority etc |
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15. |
Provisions regarding officers borrowed from
any Government in India, local authority etc |
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PART
V- APPEALS |
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17. |
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18. |
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22. |
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23. |
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24. |
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PART
VI- REVIEW |
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25. |
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25A. |
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PART
VII- MISCELLANEOUS |
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26. |
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27. |
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28. |
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29. |
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30. |
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| ANNEXURE (additional) |
* Source- A book titled “The
Maharashtra Civil Services (Discipline And Appeal Rules, 1979” authored by
Shridhar Joshi, I.A.S. (Retd.) Ex Vice Chairman, M. A. T. and published by Yashada, Pune.
THE
MAHARASHTRA CIVIL SERVICES
(Discipline and
Appeal)
Rules, 1979
(As amended up to
31-03-2008)
-WEBSITE(20)_9_July_08_files/image001.gif){kind=small}
No.
MDA-1078-RMC. - In exercise of the powers conferred by the proviso to article
309 of the Constitution of India, the Governor of Maharashtra is hereby pleased
to make the following rules, namely:-
PART I – GENERAL
1. Short title and commencement
These
rules may be called the Maharashtra Civil Services (Discipline and Appeal)
Rules, 1979.
They
shall come into force on the 12th day of July 1979.
2.
Interpretation
In these
rules, unless the context-otherwise requires-
a) "Appointing
authority" in relation to a Government servant means-
(i) The authority competent to make appointments to the Service of
which the Government servant is for the time being a member or to the grade of
the Service in which the Government servant is for the time being included, or
(ii) the authority competent to make appointments to the post which the Government servant for the time being holds, or
(iii) the authority which appointed the Government servant to such
Service, grade or post, as the case may
be, or
(iv) where a
Government Servant having been a permanent member of any other Service or
having substantively held any other permanent post, has been in continuous
employment of the Government, the authority which appointed him to that Service
or to any grade in that Service or to that post, whichever authority is the
highest authority;
b) "Commission" means
the Maharashtra Public Service Commission;
c) "Disciplinary
authority" means the authority competent under these rules to
impose on a Government servant any of the penalties specified in rule 5;
d) "Head
of' Department" shall have the meaning assigned to it in clause
(23) of rule 9 of the Bombay Civil Services, Rules 1958;
e) "Head
of' Office" means the authority declared to be such under
clause (X-a) of rule 2 of the Bombay Financial Rules 1959;
f)
"Government" means
the Government of Maharashtra;
g) "Government
servant" means a person who-
i.
is appointed to any Civil Service or post in connection
with the affairs of the State, and include such Government servant whose
services are temporarily placed at the disposal of any other Government in
India, or a company, or corporation owned or controlled by Government, or a
local authority or other authority, notwithstanding that his salary is drawn
from sources other than the Consolidated Fund of the State;
ii.
is a member of a Service of or holds a civil post under, any
other Government in India and whose services are temporarily placed at the
disposal of Government or
iii.
is in the service of a local or other authority and whose
services are temporarily placed at the disposal of Government;
h) "Legal
Practitioner" means an advocate, vakil or attorney of any High
Court, mukhta or revenue agent;
i)
* "Major penalty" means
any of the penalties specified in item (vii) to (ix) (both inclusive) of
sub-rule (1) of rule 5;
j)
**
"Minor penalty" means any of the penalties specified in item (i)
to (vi) (both inclusive) of sub-rule (1) of rule 5;
k)
"Regional
Head of Department" means any of the officers specified in the
Appendix to these rules.
l)
"Service" means a
Civil Service of the State;
m) "State" means
the State of Maharashtra.
* Clause (i) substituted by notification no. CDR-1005/C.R.24/05/11 dated
29/12/2006.
** Clause (j) substituted by notification no. CDR-1005/C.R.24/05/11
dated 29/12/2006.
3.
Application
(1) Except as
otherwise provided by or under 'these rules, these rules shall apply to every
Government servant not being,
(a) any
member of an All India Service,
(b) person in casual employment of Government,
(c) an Inspector of Police or a member of the subordinate ranks as defined
in clause (16) of section 2 of the Bombay Police Act, 1951,
(d) any
person for whom special provision is made in respect of matters covered by
these rules, by or under. any law for the time being in force or under any
agreement entered into by or with previous approval of the Governor before or
after the commencement of these rules, in regard to matters covered by such
special provisions,
(2) Notwithstanding anything contained in Sub-rule (1), the Governor
.may, by order exclude any class of Government Servants from the operation of
all or any of these rules.
(3)
If any doubt arises
(a) whether these rules or any of them apply to any person or
(b) whether any person to whom these rules apply belongs to a
particular service, the matter shall be referred-to the Governor who shall
decide the same.
PART II - SUSPENSION
4.
Suspension
(1) The
appointing authority or any authority to which the appointing authority is subordinate
or the disciplinary authority or any other authority empowered in the behalf by
the Governor by general or special order may place a Government servant under
suspension-
(a) where a disciplinary proceeding against him
is contemplated or is pending, or
(b) where in the
opinion of the authority aforesaid, he has engaged himself in activities
prejudicial to the interest of the security of the State, or
(c) where a case
against him in respect of any criminal offence is under investigation, inquiry
or trial:
Provided
that, where the order of suspension is made by an authority lower than the
appointing authority, such authority shall forthwith report to the appointing
authority, the circumstances in which the order was made.
(2) A Government
servant shall be deemed to have been placed under suspension by an order of
appointing authority-
(a) with effect
from the date of his detention, if he is detained in police or judicial
custody, whether on a criminal charge or otherwise, for a period exceeding
forty-eight hours;
(b) With effect
from the date of his conviction, if, in the event of a conviction for an
offence, he is sentenced to a term of imprisonment exceeding forty-eight hours
and is not forthwith dismissed or removed or compulsorily retired consequent to
such conviction.
Explanation -
The
period of forty eight hours referred to in clause (b) of this sub-rule shall be
computed from the commencement of the imprisonment after the conviction and for
this purpose, intermittent periods of imprisonment, if any, shall be taken into
account.
(3) Where a
penalty of dismissal, removal or compulsory retirement from Service imposed
upon a Government servant under suspension is set aside in appeal or on review
under these rules and the case is remitted for further inquiry or action or
with any other directions, the order of his suspension shall be deemed to have
continued in force on and from the date of the original order of dismissal,
removal or compulsory retirement and shall remain in force until further
orders.
(4) Where a
penalty of dismissal, removal or compulsory retirement from service imposed
upon a Government servant is set aside or declared or rendered void in
consequence of, or by, a decision of a court of law, and the disciplinary authority,
on a consideration of the circumstances of the case, decides to hold a further
inquiry against him on the allegation on which the penalty of
dismissal, removal or compulsory retirement was originally
imposed, the Government servant shall be deemed to have been placed under
suspension by the appointing authority from the date of the original order of
dismissal, removal or compulsory retirement and shall continue to remain under
suspension until further orders.
* [Provided that no such further inquiry shall be ordered
unless it is intended to meet a situation where the Court has passed on order
purely on technical grounds without going into the merits of the case.]
* Proviso inserted by Notification No. CDR-1188/I582/CR-38-88/XI, dated
12.10.1990.
(5) (a) An order of suspension made or deemed to
have been made under this rule shall continue to remain in force until it is
modified or revoked by the authority competent to do so.
(b) Where a
Government servant is suspended or is deemed to have been suspended (Whether in
connection with any disciplinary proceeding or other -wise), and any other
disciplinary proceeding is commenced against him during the continuance of that
suspension, the authority competent to place him under suspension may, for
reasons to be recorded by it in writing, direct that the Government servant
shall continue to be under suspension until the termination of all or any of
such proceedings.
(c) An order of
suspension made or deemed to have been made under this rule may at any time be
modified or revoked by the authority, which made or is deemed to have made the
order or by any authority to which that authority is subordinate.
PART III - PENALTIES
AND DISCIPLINARY AUTHORITIES
5.
Penalties
+ [(l) Without prejudice to the
provisions of any law [or the time being in force, the following penalties may,
for good and sufficient reasons and as hereinafter, provided, be imposed on a
Government servant, namely -
Minor
Penalties -
(i)
Censure;
(ii)
Withholding of his promotion;
(iii)
Recovery from his pay of the whole or part of any
pecuniary loss caused by him to Government, by negligence or breach of orders;
(iv)
Withholding of increments of pay;
(v)
Reduction to a lower stage in the time-scale of pay for a
specified period, with further directions as to whether or not the Government
servant will earn increments of pay during the period of such reduction and
whether on the expiry of such period, the reduction will or will not have the
effect of postponing the future increments of his pay;
(vi)
reduction to a lower time-scale of pay, grade, post or
service which shall ordinarily be a
bar to the promotion of a Government servant to the time-scale of pay, grade,
post, or service from which he was reduced, with or without further directions
regarding conditions or restoration to the time-scale of pay, grade, post or
service from which the Government servant was reduced and his seniority and pay
on such restoration to that time-scale of pay, grade, post or service;
Major Penalties -
(vii)
compulsory retirement;
(viii)
removal from Service which shall not be a disqualification
for future employment under Government;
(ix)
dismissal from Service which shall ordinarily be a disqualification
for future employment under Government:
++ [Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or (ix) shall be imposed;
Provided
further that, in any exceptional case and for special reasons recorded in
writing any other penalty may be imposed].
Explanation
-
The
following shall not amount a penalty within the meaning of this rule, namely -
(i)
Withholding of increments of pay of Government servant for
his failure to pass any departmental examination or the * [Hindi and Marathi language examination] in accordance with the
rules or orders governing the service to which he belongs or post which he
holds or the terms of his appointment;
(ii)
stoppage of a Government servant at the efficiency bar in
the time-scale of pay on the ground of
his unfitness to cross the bar;
(iii)
non-promotion of a Government servant, whether in a
substantive or officiating capacity,
after consideration of his case, to a Service, grade or post for promotion to
which he is eligible, on administrative grounds unconnected with his conduct;
(iv)
reversion
of a Government servant officiating in a higher Service grade or post to a
lower Service, grade or post, on the ground that he is considered to be
unsuitable for such higher Service, grade or post or on any administrative
ground unconnected with his conduct;
(v)
reversion
of a Government servant appointed on probation to any other Service, grade or
post, to his permanent Service, grade or post during or at the end of the
period of probation in accordance with the terms of his appointment or the
rules and orders governing such probation;
(vi)
replacement of the services of .a Government servant,
whose services had been borrowed from any Government in India or any authority
under its control, at the disposal of such Government, or authority;
(vii)
compulsory retirement of a Government servant in accordance
with the provisions relating to his superannuation or retirement;
(viii)
termination of the services –
(a) of a Government servant appointed on probation, during
or at the end of the period of his probation, in accordance with the terms of
his appointment or the rules and orders governing such probation; or
(b) of a temporary Government servant unconnected with his
conduct; or
(c) of a Government servant employed under an agreement,
in accordance with the terms of such agreement.
(2)
Where a penalty mentioned in item (v) or (vi) in sub-rule (1) is imposed on a
Government servant, the authority imposing the penalty shall expressly state in
the order imposing the penalty that the period for which the reduction is to be
effective will be exclusive of any interval spent on leave before the period is
completed.
+ Sub-rule (1) Substituted by Notification No. 1097/CR No. 32/97/XJ dated 5-2-1998.
++ Both the provisos shown in the brackets below the Major Penalty of dismissal were added vide notification number CDR 1188/1582/CR.38-88/XI dated 12- 10- 1990
* The words in the bracket in explanation (I) below sub- rule (1) were inserted vide notification number CDR.1187/246/5/XI dated 04- 02- 1987
6. Disciplinary authorities
(l) The Governor may impose any of the penalties specified
in rule 5 on any Government servant.
(2) Without prejudice to the provisions of sub-rule (1),
Appointing Authorities may impose any
on the penalties specified in rule 5 upon members of Class III and Class IV
Services serving under them, whom they have power to appoint:
Provided
that the Heads of Offices shall exercise the powers of imposing minor penalties
on the Class III and Class IV Government servants under their respective
administrative control:
Provided
further that Heads of Departments and Regional Head of
Departments shall exercise the powers of imposing minor penalties
only in relation to Government servants of State Service (Class II) under their
respective control:
* [[Provided
also that, the Heads of Departments shall exercise the powers of imposing minor
penalties only in relation to Government servants of State service (Class-I)
under their respective administrative control who draw pay in a scale, the
minimum of which does not exceed +(Rs. 10650)].
# [[(3) Without prejudice to the
provisions of sub-rule (1), the Commissioners of Divisions shall, in the course
of implementation of the Employment Guarantee Scheme under the Maharashtra
Employment Guarantee Act, 1977(Mah. XX of 1978), exercise the powers of
imposing minor penalties only in relation to Government servants of State
Service, Class I, drawing pay in a scale the minimum of which is +[Rs. 10650)
or less and of State Services, Class II, and shall also exercise .the powers of
imposing any of the penalties specified in rule 5 in relation to members of
Class III and Class IV Services serving in the said Scheme.]]
* The
Proviso inserted by Notification No. CDR.1185/2777/3/XI, dated 17.4.1986.
# Sub-rule
(3) inserted by Notification No. CDR 1187/1351/27- XI dated 18/6/1987.
+ Letters
and figures "Rs. 3000/- “substituted by Notification number CDR- 1189/
1258/ 20/ XI dated 18- 10- 1989, in third Proviso below sub- rule (2) and in
sub- rule (3) were further substituted by the letters and figures Rs. 10650/-
by Notification No. CDR-1001/773/C.R.13/01/XI, dated 29.10.2004.
7. Authority to institute proceedings
(1) The Governor or any other authority empowered by him
by general or special order may-
(a)
institute disciplinary proceedings against any Government servant;
(b) direct a disciplinary authority to institute
disciplinary proceedings against any Government servant on whom that
disciplinary authority is competent to impose under these rules any of the penalties
specified in rule 5.
+ (c)
[direct the transfer of any pending enquiry from any enquiring authority,
appointed by the disciplinary authority under sub-rule (2) of
rule 8, to any other enquiring authority if he is satisfied that it .is
necessary for timely completion of enquiry].
(2) A disciplinary authority competent under these rules
to impose any of the penalties specified in rule 5 may institute disciplinary
proceeding against any Government servant on whom the disciplinary authority is
competent to impose any of the penalties specified in rule 5.
+ Inserted by Notification No. CDR
1097/ CR-I0/ 97/XI dated 6.2.1998.
PART IV -PROCEDURE
FOR IMPOSING PENALTIES
8. Procedure for imposing major penalties
(1) No
order imposing any of the major penalties shall be made except after an inquiry
held, as far as may be, in the manner provided in this rule and rule 9, or
where such inquiry is held under the Public Servants (Inquiries) Act 1850 (37
of 1850), in the manner provided in that Act.
(2)
Whenever the disciplinary authority is of the opinion that there are
grounds for inquiring into the truth of any imputation of misconduct or
misbehaviour against a Government servant it may itself inquire into, or
appoint under this rule or under the provisions of the Public Servants
(Inquiries) Act, 1850, as the case may be, an authority to inquire into the
truth thereof.
Explanation-
Where
a disciplinary authority itself holds an inquiry under this rule, any reference
to an inquiring authority in this rule shall, unless the context otherwise
requires, be construed as reference to the disciplinary authority.
(3) Where it is proposed to hold an inquiry against
a Government servant under this rule,
the disciplinary authority shall draw up or cause to be drawn up-
(i) the substance of
the imputations of misconduct or misbehaviour into definite and distinct
articles of charge;
(ii) a
statement of the imputation of misconduct or misbehaviour in support of each
article
of
charge, which shall contain-
(a)
a statement of all relevant facts including any admission or confession made by
the Government servant; and
(b)
a list of documents by which, and a list of witnesses by whom, the articles of
charges are proposed to be sustained.
(4) The
disciplinary authority shall deliver or cause to be delivered to the Government
servant, a copy of articles of charge the statement of the imputations of
misconduct or misbehaviour, and a list of documents and of the witnesses by
which each article of charge is proposed to be sustained, and shall by a
written notice require the Government servant to submit to it within such time
as may be specified in the notice, a written statement of his defence and to
state whether he desires to be heard in person.
(5) (a) On
receipt of the written statement of defence the disciplinary authority
may itself inquire into such of the articles of charge as are not admitted, or,
if it considers it necessary as to do, appoint, under sub-rule (2) an inquiring
authority for the purpose, and where all the articles of charge have
been admitted by the Government servant in his written statement of defence,
the disciplinary authority shall record its findings on each charge after
taking such evidence as it may think fit and shall act in the manner laid down
in rule 9 of these rules.
(b) If no written
statement of defence is submitted by the Government servant, the disciplinary
authority may itself inquire into the articles of charge or may, if it
considers it necessary to do so appoint under sub-rule (2) of these rules an
inquiring authority for the purpose.
(c) Where the
disciplinary authority appoints an inquiring authority it may, by an order,
appoint a Government servant or a legal practitioner, to be known as the
"Presenting Officer" to present the case in support of the articles
of charge before the inquiring authority.
(6) The disciplinary authority shall where it is not the
inquiring authority, forward to the inquiring authority-
(i) a copy of
each of the articles of charge and the statement of the imputations of
misconduct or misbehaviour;
(ii) a copy of
the written statement of defence, if any, submitted by the Government servants;
(iii) copies of statements of witnesses if any, referred
to in sub-rule (3) of this rule;
(iv) evidence
proving the delivery of the documents referred to in sub-rule (3) to the
Government servant; and
(v) a
copy of the order appointing the presenting Officer.
(7) The Government servant shall appear in person before the
inquiring authority on such day and at such time within ten working days from
the date of receipt by him of the articles of charge and the statement of the
imputations of misconduct or misbehaviour, as the inquiring authority may, by a
notice in writing, specify in this behalf, or within such further time not
exceeding ten days, as the inquiring authority may allow.
(8) The Government servant may take the assistance
of any other Government servant *[or
retired Government Servant] to present the case on his behalf, but may not
engage a legal practitioner for the purpose unless the Presenting Officer
appointed by the disciplinary authority is a legal practitioner, or, the
disciplinary authority, having regard to the circumstances of the case, so
permits.
(9) If the Government servant who has not admitted any of the articles of cha