19. Disciplinary Penalties

Chapter XIX
Disciplinary Penalties

209. In taking departmental action, one or more than one penalties contained in section 53 of the Law may be imposed in accordance with the rules, regulations and by- laws.

210. The penalties imposed under rule 209 are:
(a) Written warning means the warning in writing by describing the offence committed by the service personnel. In imposing such penalty:
(i) the penalty of warning shall be stated together with the offence committed briefly;
(ii) the penalty period shall be ended on the date of completion of six months from the date of penalty imposition;
(iii) the promotion is not permissible during the penalty period;
(iv) the increment due is permissible during the penalty period;
(b) Withholding of increment means postponing the next increment of the service personnel for a specified period within the pay scale. In imposing such penalty, by considering the seriousness of the offence which is committed by the service personnel:
(i) the penalty period shall be specified. The penalty period shall be calculated from the commencing date on which the next increment is due;
(ii) it shall be specified whether the future increment will postpone or not; if the future increment will postpone, the period of postponing shall be specified;
(iii) the service personnel shall not be promoted during the waiting time for penalty and penalty period;
(c) Withholding of promotion means the postponing of the promotion of the service personnel for a specified period without promoting him on his turn to be generally promoted.In imposing such penalty:
(i) the penalty period shall be calculated from the commencing time of his turn for promotion. The penalty will take effect from that time;
(ii) the promotion shall be withheld only for completion of penalty period without causing to lose his opportunity for promotion;
(iii) the increment shall be permissible when it is due during the penalty period;
(iv) the position to be promoted shall not be reserved for the punished service personnel;
(d) Reduction of pay within pay scale means reduction the pay to the lower pay within the pay scale for a specified period by considering the seriousness of the offence committed by the service personnel. In imposing such penalty:
(i) it shall be specified to which pay is reduced within time scale pay;
(ii) the penalty period shall be specified;
(iii) the increment shall be withhold during the penalty period;
(iv) it shall be specified whether the future increment will postpone or not when the service personnel is allowed to enjoy the original level of pay at the end of the penalty period.If the future increment will postpone, the period of postponing shall be specified;
(v) the promotion shall be withheld during the penalty period;
(e) Demotion means demotion to the immediate lower post for a specified period. In imposing such penalty:
(i) the service personnel who is taken action shall not be demoted to the immediate lower post of initially appointed post or to the immediate lower post in a different category of posts;
(ii) the penalty period shall be specified according to the seriousness of the offence obviously found;
(iii) it shall be specified that any pay within the pay scale of the demoted position not exceeding the maximum pay is allowed to enjoy. The service personnel shall enjoy only the specified pay during the penalty period;
(iv) at the end of the penalty period, the service personnel shall be reinstated to the original position or to the post of the same rank in other category or to the post of identical time scale pay. It shall be specified whether the future increment will postpone or not in the post to which the service personnel is reinstated.If the future increment will postpone, the period of postponing shall be specified;
(f) Compensation for the loss means compensation of the whole or part of any pecuniary loss by negligence or breach of orders and directives. The amount of money to be paid shall be fixed by considering the extent to which the relevant service personnel has to take responsibility for the loss and his ability to pay. This penalty shall be imposed with care to avoid the inability of the service personnel to perform duties due to financial difficulty resulting from the large amount to pay in compensation for the loss;
(g) Not permitting full pay for temporary suspension period or not treating such suspension period as on duty means causing loss of benefits of the service personnel by not permitting full pay and allowance for temporary suspension period or by not treating that suspension period as on duty when the service personnel is found guilty after the completion of the case although the temporary suspension of the service personnel who is taken departmental action is not a penalty under the conditions contained in rule 68. The penalty will take effect from the time of suspension. In imposing such penalty:
(i) temporary suspension before the completion of the case under rule 172 is just an administrative action and not a disciplinary penalty. However, the service personnel is found guilty after the completion of the case, when the service personnel is not permitted full pay during the temporary suspension period or when the suspension is not treated as on duty which results in loss of benefits such as term of service which is calculated for pension or other service personnel rights, the temporary suspension becomes a penalty;
(ii) if the temporary suspension is cancelled and an appropriate penalty is to be imposed, the duration of temporary suspension, loss and damaged reputation of the service personnel on account of temporary suspension should be taken into consideration;
(h) Removal from the post means the removal of the service personnel from his current post on account of the severe penalty convicted by a court or the habitual nature of commission of the offence. In imposing this penalty:
(i) the service personnel removed from the post shall lose pay and allowances as well as the term of service and pension from the date of removal. However, a gratuity may be applied in accordance with the existing rules, regulations and by -laws;
(ii) the service personnel removed from the post may be reappointed later as a service personnal with the approval of the head of service personnel organization;
(i) Dismissal from service personnel means dismissal of the service personnel who is not appropriate to keep in the service personnel organization on account of the misconduct, breach of disciplines, failure to fulfill a duty, or being convicted severe penalty by a court. In imposing this penalty:
(i) the service personnel who has been dismissed shall lose pay and allowance as well as the term of service and pension from the date of removal;
(ii) the service personnel who has been dismissed shall not be reappointed in any service personnel organization.

211. The following matters shall not be considered as removal from the post or dismissal from the service personnel:
(a) the service personnel who has been initially appointed in the post which necessitates, according to its nature, to train the service personnel by specifying a probationary period with particular stipulations is removed from service for a sufficient reason;
(b) the service personnel who has been appointed as an apprentice before confirmation of appointment to a post is removed from service for a sufficient reason;
(c) the service personnel on contract is removed from service during the contract term in accordance with the terms and conditions prescribed in the contract.

212. In respect of stipulations to impose penalties:
(a) the four penalties –written warning, withholding of increment, withholding of promotion and compensation for of the loss may be imposed by the board chaired by the person authorized to appoint the service personnel or the board chaired by the person to whom the authority is delegated;
(b) penalties or orders of reduction of pay within the pay scale, demotion, not permitting full pay during temporary suspension or not treating suspension as on duty, removal from a post or dismissal shall be made only by the board chaired by the person authorized to appoint the service personnel;
(c) in order to facilitate the disciplinary proceedings and to maintain disciplines effectively, the authority to impose penalties may be delegated by rank according to the formation and nature of the work of the service personnel organizations.

Explanation: In imposing the penalty of removal from a post and dismissal, the penalty will take effect only after it is approved by the head of the service personnel organization for staff and by the head of the Ministry and organization for gazetted officers.

213. In departmental enquiry, the relevant service personnel organization shall issue the order concerning the penalty imposed. A copy of the order shall be sent to the service personnel who has been imposed the penalty and the facts contained in the order shall be recorded in full in the service book of the relevant service personnel.

214. (a) After the disciplinary penalty has been imposed on the basis of the conviction by a court, and if the conviction of the original court is quashed by an appeal court and the service personnel is acquitted, the departmental disciplinary penalty shall be reviewed. If the penalty is imposed on grounds of the conviction by the court other than misconduct, breach of disciplines, failure to fulfill a duty or breaking the law, such order may be quashed.
(b) In the case of the service personnel who has been imposed a penalty after instituting separate departmental disciplinary proceedings, even though the conviction of the original court of law is quashed by an appeal court and the service personnel is acquitted, the departmental disciplinary penalty needs not be quashed.
(c) Departmental disciplinary proceedings shall be instituted as appropriate after or without waiting for judgment of the court.

215. The list of the service personnel who have been removed or dismissed shall be prepared by the relevant service personnel organization and sent to all the service personnel organizations.

216. The service personnel organizations shall prepare the list of the service personnel who have been removed from the post and dismissed from the service personnel as prescribed in the Table 4 and send it to the Department of Service Personnel, Union Civil Service Board and send the copy to the Office of the Union Government. The Department of Service Personnel, Union Service Board shall compile all these lists annually and report to the Office of the Union Government.

217. In respect of appointment, transfer to other department, resignation, removal, dismissal and retirement, the relevant Ministry and service personnel organization shall send the list to the Department of Labour, Ministry of Labour, Employment and Social Security within one month from the date of performing so.