နိုင်ငံ့ဝန်ထမ်းနည်းဥပဒေများ – Mobile

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.

Chapter (XX)

Appeal

218. In departmental equiry, the service personnel who is dissatisfied with the disciplinary penalty imposed under rule 209 or any order and decision is entitled to submit an appeal.

219. The records of verbal statements of the witnesses in departmental enquiry and the copy of report of the Departmental Enquiry Board shall be provided when the service personnel who wants to submit an appeal requests thereof.

220. If the service personnel dissatisfied with the penalty imposed in departmental enquiry or any order and decision, he may submit an appeal as prescribed in Form (12) to the head who is superior to the disciplinary authority who imposed the original penalty or passed the order or made decision within six months from the date on which the order is received. The appeal submitted after limited period shall not ordinarily be considered. However, the time limit for an appeal may be relaxed if the appellant is able to summit a sufficient reason for the delay. The appeal may be accepted and tried.