Chapter XIV
Principles of Disciplinary Action
160. In taking action against a service personnel for the maintenance of discipline with the aim to prevent the service personnel from committing the similar offence for which he has been punished and to realize to be a good service personnel:
(a) a service personnel shall obey the rules of conduct, disciplines and duties and shall always try to develop professional competence with the aim to increase the proficiency of the service personnel organization;
(b) the action taken against and punishment of service personnel for breaking the rules of conduct, the breach of disciplines, the failure to perform duties and breaking the law shall aim at effectiveness in correcting the moral behavior and maintaining disciplines;
(c) disciplinary action shall be taken by following the correct procedures, bearing in mind the difference between the departmental actions and criminal proceedings;
(d) the departmental hearing shall be conducted in the presence of the accused service personnel other than the exceptional cases prescribed in these rules;
(e) the accused service personnel shall be given sufficient opportunity to make a representation and defend himself;
(f) if the accused service personnel is found to be innocent during inquiry, it shall ensured that the said service personnel will not suffer any loss of service benefits on account of the action taken against him;
(g) in imposing a penalty when the accused service personnel is found guilty, the kind of disciplinary penalty shall be of the effective maintenance of disciplines;
(h) in imposing a disciplinary penalty, the penalty imposed shall be proportionate and brought to justice to the offence committed. Imposing the penalty which causes ruin to the potential of the service personnel in life shall be avoided;
(i) if the penalty imposed in the departmental enquiry is not satisfied, it shall be entitled to an appeal. The appellate decision, order or penalty shall be final;
(j) the departmental action shall be completed without delay in order to be an effective maintenance of disciplines and not to be negligence on the official tasks
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