16. Departmental Action

Chapter XVI
Departmental Action

168. If the action is to be taken against a service personnel in respect of his action,breach of personnel rules of conduct of service, breach of discipline and failure to fulfill a duty, the decision shall be made first whether to take legal action or to take departmental action or to take both legal action and departmental action simultaneously. If the legal action is needed to be taken, the arrangements shall be made in accord with the relevant law. If the departmental action is needed to be taken, it shall be complied with the stipulations prescribed in this Chapter.

169. Conducting a trial in a court is to hear the case whether or not an accused alleged under the relevant law is guilty and departmental enquiry is an enquiry from the administrative point of view to decide whether or not the conduct of the service personnel is breach of rules of conduct of service personnel or breach of discipline or failure to fulfill a duty or breach of the laws. In respect of taking departmental action against a service personnel who is prosecuted under legal action:
(a) the departmental action may be taken against a service personnel who is convicted by a court to decide whether or not the service personnel should be imposed disciplinary penalty according to the administrative need by balancing the offence and penalty;
(b) in the case where the service personnel is not found guilty and so is discharged before framing a charge or acquitted after charging, the departmental action shall not be taken against the service personnel on the grounds that the case is not applicable to the breach of rules of conduct of service personnel or breach of disciplines or failure to fulfill duties or misconduct.

170. In the departmental action, it includes the following administrative measures in addition to the preliminary enquiry and hearing by making the departmental enquiry:
(a) temporary suspension from duties;
(b) imposing appropriate disciplinary penalty on the service personnel without making departmental enquiry if it is evident that the service personnel is guilty;
(c) imposing the appropriate disciplinary penalty on the service personnel if the departmental enquiry is not required in the case of the service personnel who is convicted by a court by balancing the offence and penalty.

171. The person authorized to appoint a service personnel has a right to suspend such service personnel from his duty temporarily. If the service personnel is needed to be suspended from duties, the superior officials who are entitled to suspend may be assigned in accord with on the nature of work of respective service personnel organizations so that the procedures may be carried out efficiently and without delay.

172. If the service personnel who is taken against legal action or departmental action is needed to make temporary suspension, he may be suspended in accord with the provisions prescribed in the rule. Provided that, suspension is not mandatory in all cases. Since the suspension of a service personnel may result in the reduction of labour within the relevant organization and also suffering loss for the service personnel, the service personnel is suspended temporarily with proper care and consideration according to the case.

173. A service personnel who is taken action shall be suspended temporarily in the following conditions:
(a) a service personnel is detained in custody or being prosecuted;
(b) a service personnel is likely to be punished with any severe offence such as reduction of pay within pay scale or demotion or removal from a postor dismissal from being a service personnel in respect of departmental action if it is found that he is guilty;
(c) there is a circumstance in which the service personnel might destroy evidence or amend and cheat the accounts or prejudice the proceedings by using the influence of official position for leading to impediment to find out the truth if he is not being suspended;
(d) continuation of the service personnel at work without suspending temporarily from his duty may be harmful to the interests of the relevant service personnel organization.

174. If there is a circumstance in which the service personnel who is taken action might be transferred to or attached to another post or to be transferred to the other station without suspending from duty, he may be done so instead of temporary suspension. Provided that, if the transfer to the other station may have negative effect on the right of the service personnel to defend themselves or may arise unreasonably extra expenditure or may create other administrative difficulties or may lead to unnecessary delay to complete the proceedings, the transfer should not be done.

175. A service personnel under temporary suspension shall be entitled to the subsistence allowances and other allowances at the specified rate in accord with the relevant rules, regulations and bye-laws.

176. During temporarily suspension of a service personnel who is taken action, he shall not be:
(a) allowed to perform any duty;
(b) granted leave;
(c) selected to be sent to training in or out of the country;
(d) promoted;
(e) recommended to be awarded honorary title or honorary award;
(f) allowed to retire or resign.

177. A service personnel who is taken the departmental action shall not be suspended from duty for a long time without sufficient reasons. The departmental enquiry shall be completed quickly without delay.