22. Procedure for imposing minor penalties:-
(1) Subject to the provisions of sub-rule (4) of rule 21, no order imposing
on a Government Servant any of the penalties specified in clauses (i) to (v) of rule 9
and in rule 10 shall be made except after:-
(a) informing the Government Servant in writing of the proposal to take
action against him and of the imputations of misconduct or misbehaviour
on which it is proposed to be taken, and giving him a reasonable
opportunity of making such representation as he may wish to make
against the proposal;
(b) holding an inquiry in the manner laid down in sub-rule (3) to (23) of rule
20, in every case in which the disciplinary authority is of the opinion that
such inquiry is necessary;
(c) taking the representation, if any, submitted by the Government servant
under clause (a) and the record of inquiry, if any. held under clause (b)
into consideration;
(d) recording a finding on each imputation of misconduct or misbehaviour;
and
(e) consulting the Commission where such consultation is necessary.
(2) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it
is proposed, after considering representation, if any, made by the Government
servant under cIause (a) of that sub-rule, to withhold increments of pay and such
withholding of increments is likely to affect adversely the amount of pension payable
to the Government Servant or to withhold increments of pay for a period exceeding
three years an inquiry shall be held in the manner laid down in sub-rules (3) to (23)
of rule 20, before making any order imposing on Government Servant any such
penalty.
(3) The record of the proceedings in such cases shall include:-
(i) a copy of the intimation to the Government Servant of the proposal to
take action against him;
(ii) a copy of the statement of imputations of misconduct or misbehaviour
delivered to him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry, if any;
(v) the advice of the Commission, if any;
(vi) the findings on each imputation of misconduct or misbehaviour; and
(vii) the orders on the case together with the reasons therefor.
(1) Subject to the provisions of sub-rule (4) of rule 21, no order imposing
on a Government Servant any of the penalties specified in clauses (i) to (v) of rule 9
and in rule 10 shall be made except after:-
(a) informing the Government Servant in writing of the proposal to take
action against him and of the imputations of misconduct or misbehaviour
on which it is proposed to be taken, and giving him a reasonable
opportunity of making such representation as he may wish to make
against the proposal;
(b) holding an inquiry in the manner laid down in sub-rule (3) to (23) of rule
20, in every case in which the disciplinary authority is of the opinion that
such inquiry is necessary;
(c) taking the representation, if any, submitted by the Government servant
under clause (a) and the record of inquiry, if any. held under clause (b)
into consideration;
(d) recording a finding on each imputation of misconduct or misbehaviour;
and
(e) consulting the Commission where such consultation is necessary.
(2) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it
is proposed, after considering representation, if any, made by the Government
servant under cIause (a) of that sub-rule, to withhold increments of pay and such
withholding of increments is likely to affect adversely the amount of pension payable
to the Government Servant or to withhold increments of pay for a period exceeding
three years an inquiry shall be held in the manner laid down in sub-rules (3) to (23)
of rule 20, before making any order imposing on Government Servant any such
penalty.
(3) The record of the proceedings in such cases shall include:-
(i) a copy of the intimation to the Government Servant of the proposal to
take action against him;
(ii) a copy of the statement of imputations of misconduct or misbehaviour
delivered to him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry, if any;
(v) the advice of the Commission, if any;
(vi) the findings on each imputation of misconduct or misbehaviour; and
(vii) the orders on the case together with the reasons therefor.