The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, which became effective on May 7, 1959, were established to provide a framework for the classification of services, disciplinary control, and appeal mechanisms for civil servants within the state of Rajasthan, India. These rules lay down the procedures for disciplinary actions, appeals by civil servants against any actions taken, and the overall management of civil service employees in the state. They cover aspects such as:
These rules are crucial for maintaining discipline and order within the civil services, ensuring that civil servants adhere to a code of conduct and are treated fairly in matters of disciplinary action and grievances. They also provide a legal framework that guides the operations, control, and management of the civil services in Rajasthan.
Rule 1 – Short title and commencement: (a) These rules may be called the “Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958”.
(b) They shall come into force immediately.
Rule 2 – Interpretation: – Unless the context otherwise requires, in these rules –
(a) “Appointing Authority”, in relation to a Government servant, means whichever of the following is the highest authority –
(1) The authority competent to make appointments to the service of which the Government servant is for the time being a member or to the grade of the service in which the Government servant is for the time being included, or
(ii) the authority empowered to make appointments to the post for the time being held by the Government servant, or
(iii) the authority which appointed the Government servant to that service, grade or post, as the case may be, or
(iv) Where a State employee, being a permanent member of any other serviceor holding any other permanent post in the Government on a continuing basis
has been in employment, here the authority which appointed him to that service or to any grade of that service or to that post.
Provided that where the Government or the Head of the Department has delegated his powers to any subordinate authority, then for the purposes of rule 23 (2) (a) (b), the concerned Head of the Department shall be the appointing authority.
(01. Inserted by Notification No. F. 16(2)Apptts. (A)/60 III, dated 2-
(c) ‘disciplinary proceedings’, in relation to the imposition of penalty on a Government servant, means such authority which is competent to impose such penalty on him under these rules,
(d) ‘Gazette’ means the Rajasthan Gazette,
(e) ‘Government’ means the Government of Rajasthan,(f) Government servant means a person who is a member of any service or holds any civil post under the Government of Rajasthan and includes any person who is in foreign service or whose services are temporarily employed in any local or Other authority and service of any local or other Authority Also a person whose services have been temporarily handed over to the State Government or who is in the service of the Government of Rajasthan under any contract or who has retired from any other Government service and has been re-employed under the Government of Rajasthan, But it does not include any person who is a member of the Union of Indiaor belongs to the civil service of any State Government and is serving on deputation in Rajasthan, he will continue to be governed by the same rules which are effective on him,
2(g) Head of Department means the authority specified in Schedule ‘A’ and any other authority declared by order of the Government for these rules.
(02. Substituted by No. F. 3(8)Karmik (A-III)/76 GSR, 116 dated 6- 12-79)
3 (h) Head of Office means the officer declared as such by the Head of the Department under Rule 3 of the General Financial and Accounting Rules, 1
(03. Substituted by No. F.3(3) Karmik (A-III)/79, GSR 46 dated 16-8- 1982.)
(i) ‘Schedule’ means the Schedule appended to these rules,
(j) ‘Service’ means any civil service of the State of Rajasthan.
Rule-3 Application of rules:-
(1) These rules will be effective on all government employees except the following:-
(a) persons on deputation from the Government of India, or any States or Union territories,
(b) persons employed in such industrial establishments of the Government of India as may be notified from time to time and who are workers under the Industrial Disputes Act;
(c) Judge of the Rajasthan High Court,
(d) the officers and employees of the High Court, who shall be governed by rules made under clause (2) of article 229 of the Constitution,
(e) the Chairman and Members of the Rajasthan Public Service Commission shall be governed by rules made under Article 318 of the Constitution,
(f) Persons for whose appointment and other matters covered under these rules, special provision has been made by or under any law for the time being in force in relation to the matters covered under the said law,
(g) persons who are in casual employment,
(h) persons who may be discharged from service with notice of less than one month, and,
(i) Members of All India Services.
2) Notwithstanding anything contained in sub-rule (1) and subject to the provisions of article 311 of the Constitution, the Government may, by order, exempt any Government servant or any class of Government servants from the operation of all or any of these rules. Will be able to.
(3) If any doubt arises that:-
(a) whether these rules or any of these rules shall apply to any person come into force; Or
(b) whether any person to whom these rules apply is a member of any special service, such case shall be referred to the Appointments Department of the Government whose decision thereon shall be final.
Rule-4. Special provision by agreement – Where a Government servant is concerned making any special provision inconsistent with any provision of these rules,
If it appears necessary, the appointing authority, along with the said Government employee may by agreement make such special provisions and thereupon these rules aforesaid shall not apply to a Government servant to the extent that the special provisions so made are inconsistent therewith. Provided that if the appointing authority is other than the Appointment Department of the Government, then the prior approval of the Appointment Department of the Government shall be obtained by such officer.
Rule-5 Protection of rights and privileges conferred by any law or agreement – Nothing in these rules shall deprive any Government servant of any right or privilege to which he is entitled on the following grounds:-
(a) by or under any law for the time being in force or,
(b) by the terms of any agreement subsisting between that person and the Government at the time of the commencement of these rules
(b) Persons who work in official capacity on the posts included in Schedule (3) and who do not belong to the cadre of any other service.
(c) Persons who have been appointed on an ad-hoc basis to the posts in the cadre of the services referred to in clause (a), or to the posts specified in clause (b), pending their final selection as per the rules of the Integration Department.
Rule 6(1) Civil services will be classified as follows –
(1) State services, (ii) Subordinate services (iii) Clerical services (iv) Class IV services.
(2) If there are posts of more than one grade in a service, the posts of different grades may be included in different categories.
(04. Inserted by Notification No. F.16(9)Apptts./(a)/59 Gr.III/dated 23-2-62.)
Rule 7: The following will be in the State Service:
(a) members of the services included in Schedule (1)
(b) Persons who work in official capacity on the posts included in Schedule (1) and who are not in the cadre of any other service.
(c) Persons who have been appointed on ad-hoc basis to posts in the cadre of services referred to in clause (a) or to posts in the cadre of services referred to in clause (b), pending their final selection in accordance with the rules of the Integration Department.
Rule 8 Subordinate service will include the following-
(a) members of the services included in Schedule (2)
(b) Such persons who work in official capacity on the posts included in Schedule (2) and who do not belong to the cadre of any other service.
(c) Such persons whose final selection is as per the rules of the Integration Department. on posts in the cadres of services referred to in clause (a) or in clause (b) until Has been appointed on specified posts on ad-hoc basis.
Rule 9. Clerical services will include the following –
(a) members of the services included in Schedule (3)(b) Such persons who work in official capacity on the posts included in Schedule (3) and who do not belong to the cadre of any other service.
(b) Such persons who work in official capacity on the posts included in Schedule (3) and who do not belong to the cadre of any other service.
(c) Such persons who have been appointed on an ad-hoc basis to the posts in the cadre of the services referred to in clause (a), or to the posts specified in clause (b), pending their final selection as per the rules of the Integration Department
Rule 10: Fourth class service will include the following:
(a) members of the services included in Schedule (4),
(b) Persons who work in official capacity on the posts included in Schedule (4) and who do not belong to the cadre of any other service.
(c) Persons who have been appointed on an ad-hoc basis to posts in the cadre of services referred to in clause (a), or to posts referred to in clause (b), pending their final selection in accordance with the rules of the Integration Department.
Rule 11. The State Government may, for the purposes of these rules, by order, classify any post, if any post, not included in any service, is held by a person who is qualified under rules 7, 8, 9 and 10.
Is not a member of any of the services specified under. (05. Inserted by Notification Nof.3(8) Karmik (A-III)76 GSR 136 dated 6-12-1979.)
Rule. 12 (1) All appointments to any State Service shall be made by the Government, or by any authority specially empowered by the Government in this behalf.
(2) All appointments in subordinate and clerical services, by the Head of the Department or by an authority specially empowered by the Head of the Department with the approval of the Government in this matter.
(3) All appointments to any Class IV service are made by the Head of the Department. Will be done by the Head of Office subject to the rules and instructions issued in the subject.
(06Substituted & Deleted by No. F.3(3) Personnel (A-III) 79 GSR 46 dated 16-8-82.)
Rule 13. Suspension – (1) The appointing authority or any officer subordinate to the appointing authority, or any other authority empowered in this behalf by the Government, may suspend any Government servant.
(a) in so far as any disciplinary proceedings are contemplated against him or any such proceedings are pending; Or
(b) where the investigation or trial is taking place in relation to any criminal offence:
Provided that where the order of suspension has been given by an authority inferior to the appointing authority, the said authority shall forthwith report to the appointing authority the circumstances in which such order was given.
“Decision of the Government of Rajasthan In exercise of the powers conferred by sub-rule (1) of rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, the State Government may impose any penalty out of the minor powers specified in rule 14 of these rules. To the officer empowered to do so, to the State Government employeeProvides the right to suspend.(07. Inserted by Notification No. F 3(9) Appointment (A) 62 dated 11-9-1962.)(2) Any State servant who is detained for more than 48 hours on a criminal charge or otherwise, shall, from the date of detention, be subject to the notice of the authority competent to place a Government servant under suspension under sub-rule (1). He will be deemed to have been suspended by this order and will remain under suspension until further orders
(3) When the penalty of dismissal or removal from service or compulsory retirement issued against a State servant subject to a suspension order is canceled in appeal under these rules or in default of any direction, The case should be returned for further investigation or actionThe suspension, dismissal from service, removal or compulsory retirement of that employee will be deemed to continue from the date of the original order and will remain in effect until further orders.
(4) When the penalty of dismissal, removal or compulsory retirement from service imposed on a State servant is set aside or declared void or of no effect by a judgment of any court and, considering the circumstances of the case, , the disciplinary authority only on those charges on the basis of whichIf the penalty of dismissal, removal or retirement was originally given to him, if it is decided to conduct further investigation, then the said State employee will be deemed to have been suspended by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and till further orders. It will continue to run in suspension.
(5) An order of suspension issued under this rule may, at any time, be canceled by the authority making or deemed to have made the said order or by the authority to which the said authority is subordinate.
Rules, 14 types of penalties
The following penalties may be imposed on any Government servant for proper and sufficient reasons, which shall be recorded in writing and as hereinafter provided, namely:-
(ii) Withholding salary increment or promotion,
(iii) Recovery from his salary in whole or in part of the financial loss caused to the Government due to negligence or violation of any law, rule or order,
(iv) Reduction to a lower service, grade or post or to a lower time pay scale or to a lower stage in the time pay scale, or in the case of pension, reduction in the amount payable as per rules,
(08. Inserted vide Notification No. F. 3(2)Apptts. (A)/60 Group III dated 8-12-1960)
(v) Compulsory retirement on proportionate pension,
(vi) Removal from service, which shall not be a disqualification for further employment,
(vii) Dismissal from service, which would normally be a disqualification for future employment.
“Rule 15.Disciplinary authority (1) In relation to State services, the Government or the authority specially empowered in this behalf by the Government,
In respect of subordinate and clerical services, the Head of the Department or the Head of the Department with the approval of the Government will be the specially empowered authority and for Class IV services, the Head of Office will be the disciplinary authority.
(2) In respect of services in which the power of appointment has not been entrusted to any authority, the Public Service Commission shall be consulted before imposing any penalty other than the penalty of censure and withholding of increment.
(09. G.S.R. 46 Notification NoRe-established from F 1(3) Personnel (A-Na)/79 dated 16-8-1982 and effective from 20-6-1982.)
Investigation process for capital punishment
(1) Without affecting the provisions of the Public Servants (Investigation) Act, 1850, no order imposing any of the penalties specified in clauses (iv) to (vii) of rule 14 shall be made on any Government servant unless Unless, as far as practicable, the birth is performed in the manner hereinafter provided.
(2) The disciplinary authority shall frame definite charges on the basis of the allegations on the basis of which it is proposed to hold an inquiry. Such charges together with particulars of the allegations on which they are based shall be communicated to the Government servant in writing and he shall be required to furnish, within such time as may be specified by the disciplinary authority, a written statement stating whether He pleaded guilty to all or any of the chargesaccepts the veracity of the statement, what explanation he has to offer, or defence, if any, and whether he desires a personal hearing.
Provided that when it is proposed to take action on any statement or allegation made by the accused person in the course of his defence, it shall not be necessary to frame any additional charge.
(3) For the purpose of preparing his defence, a Government servant shall be allowed to inspect and take extracts from such official records as he may specify, provided that if in the opinion of the disciplinary authority such records are not relevant for that purpose or he Showing records is against public interestIf so, such permission can be refused by recording the reason.
(4) On receipt of the written statement of the defence, or if no such statement is received within the specified time, the disciplinary authority may itself inquire into the charges not admitted or, if it considers it necessary so to do, for that purpose and wherIf the Government servant has admitted all the articles of charge in his written statement of defence, the disciplinary authority shall record his findings on each.
10 (4-A) If a Government servant who has not admitted any article of the charge in a written statement of defense or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether Is guilty, or wants to say something in his defense and if he is accused11/31 plea of guilty under Article 11, the investigating authority shall record that deposition, personally sign the record and obtain the signature of the Government servant thereon. The investigating authority shall send a finding of conviction in respect of the articles of charge to which the Government servant has pleaded guilty.
(10. Inserted by G.S.R. 129; No. F. 3 (17) Appointment/(A-3)/67 dated 5-10-74.)
(5) The disciplinary authority may nominate any person to present the case in support of the charges before the authority inquiring into the allegations (hereinafter referred to as the disciplinary authority). A State servant may also present his case with the assistance of another State servant (or retired State servant) approved by the disciplinary authority; Provided that he shall not appoint any legal practitioner for the purpose unless nominated by the disciplinary authority. Person also methodShould not be a businessman or unless the disciplinary authority grants such permission keeping in mind the circumstances of the case.
(11. ‘Provision (1) was substituted by S.F. 9(2) (11) DOP/A-3/2007 dated 21-12-2012 and effective immediately. Rajasthan Gazette Part 4(C) dated 4-2 Published on -2013.)
12 Rule 18 (6) Aware at the commencement of the inquiry the State servant has pleaded not guilty to the charges, the inquiry authority shall ask the Sub-Establishment Officer deputing on behalf of the disciplinary authority to submit a list of witnesses and documents within 10 days. Which also gives a copy to the state Employees Will send. refer dispatch consign send send up send off
despatch send on fling dismiss
The delinquent employee shall submit the list of records required for his defense within 10 days of receipt of the lists of prosecution witnesses and documents. The investigating authority will then call for the records of both the parties and ask the parties to admit or deny them. After this, he will call such evidence as is considered necessary and the presenting officer will give an opportunity of cross-examination to the chief examiner and the state employee or his supporting employee, whoever is present. The presenting officer will have the right to re-examine the witnesses on any points on which they have been cross-examined, but without the permission of the investigating officer, he will not be able to re-examine them on any new facts. After the conclusion of the prosecution evidence the State servant shall be required to submit within 10 days a list of witnesses whom he wishes to produce in his defence. The investigating authority will consider the relevance of the witnesses and records and call only relevant witnesses and records and record the evidence while providing opportunity to the parties for cross-examination/cross-examination/re-examination and then conclude the evidence. The investigating authority will consider the relevance of the witnesses and records called for by both the parties and will record its reasons in case of refusal to call any witness or record. The investigating authority will be able to ask such questions to the witnesses of the parties as may be in the interest of justice. The parties will also be given an opportunity to present their arguments.
(Substituted by 12. No. F. 3 (2) Personnel/A-3/81 dated 16-9-82)
13 (6) (a-1) Evidence of any person which is of formal form may be given by affidavit and subject to all justifiable exceptions, may be admissible in departmental proceedings. Where the investigating officer considers it appropriate that any person should be summoned and personally examined, or if any party, i.e. the presenting officer or the delinquent officer, insists on the personal presence of any witness, he shall make arrangements for the personal presence of such witness. Should go.
(6) (b) The investigating authority may, in cases conducted by it and partially heard, on good and sufficient reasons to be recorded in writing, recall the witnesses for examination.
(6) (c) the inquiring authority shall, within 10 days of the order or within such time, not exceeding 10 days, as the inquiring authority may
permit, send a notice for the search or production of any records which are in the possession of the Government but are not mentioned in the list referred to in sub-rule 6(a).
(14.G.S.R. 129; S.F. 3 (17) Added by Appointment/A-3/65 dated 9-10-1974.)
6 (d) of these rules, in the case of a joint departmental inquiry under rule 18, in the case of an inquiry under rule 16, if the State servant is present without sufficient cause on the date of the hearing of which he was informed, If he/she fails to do so, the investigating authority will investigate such State employee/employeesWill be able to proceed with further investigation in his absence.
(6) – (b) (a) Findings of the investigating authority (a) Where competent to impose any of the penalties specified in clauses (i) to (iii) of rule 14, but under clause (iv) of rule 14, Unable to impose any of the penalties specified in clauses (vii) to (vii), the disciplinary officer has
has itself conducted or caused to be investigated, and the decisions taken by that authority on the basis of its own findings or on the basis of any findings reached by any investigating authority appointed by it.
Where, on the basis of such opinion, it is of the opinion that any of the penalties specified in clauses (iv) to (vii) of rule 14 should be imposed on the State servant, the said disciplinary authority shall forward the record of the inquiry to such disciplinary authority. Will be competent to impose the penalties mentioned last.
(b) The disciplinary authority to which the record has been so transmitted may take action according to the evidence present on the record or if he considers that it is in the interest of justice to re-examine any of the witnesses, he may re-examine the witness. Will be able to call and conduct the main examination and cross-examination of the witnessHe may conduct re-examination and may impose such penalty on the state employee as he deems appropriate as per these rules.
(7) On the completion of the inquiry, the inquiring authority shall prepare a report of the inquiry recording its findings on each charge along with the reasons therefor. If in the opinion of such authority, the proceedings of the inquiry establish charges different from those originally framed, he may record his findings on such different charges; Provided that no findings on such charges shall be recorded unless the State servant has established the facts establishing themHas not been accepted, or until he has had an opportunity to present his defense against them.(8) The record of inquiry shall include the following:
(1) The charges framed against the State servant under sub-rule (2) and the statement of allegation given to him;
(ii) the employee’s written statement of defence, if any;
(iii) oral evidence taken in the course of the investigation;
(iv) the documentary evidence considered in the course of the investigation;
(v) the disciplinary authority and the orders, if any, made by the inquiring authority regarding the inquiry, and
(vi) Report giving findings and reasons for each allegation.
(9) The disciplinary authority, unless it is the inquiring authority, shall consider the record of the inquiry and shall record its findings on each charge.
The disciplinary authority may, while considering the report of the investigating authority, for just and sufficient reasons to be recorded, remand the case for further investigation or for fresh investigation, if it believes that There may be a reason for that, in the earlier investigationThere is a shortage.(10) The disciplinary authority shall forward a copy of the report of the inquiry, if any, conducted by it or, where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority, to the Government servant who shall be required to If he wishes to make his written representation or requestPresent it to the disciplinary authority within fifteen days.Should any penalty be imposed, he shall, notwithstanding anything contained in rule 17, make an order imposing such penalty: Provided that in every case in which it is necessary to consult the Commission, the record of the inquiry shall be submitted by the disciplinary authority to the Commission in its Will be forwarded for advice and thatBefore making any order imposing any such penalty on a Government servant, on such advice(10A) If the disciplinary authority disagrees with the findings of the inquiring authority in respect of any element of the charge, he shall record his reasons for such disagreement and record his own findings in respect of such charge. If there is sufficient evidence on record for this purpose the same along with a copy of the inquiry report shall be forwarded to the Government servant for his representation.
15 (10B) The disciplinary authority shall, before taking further action in the manner specified in sub-rules (11) and (11A), consider the representation, if any, made by the Government servant.
(15. Substituted by No.No.9 (41) Personnel/A-3/2002 dated 21-1-2003. Raj.Gazette Part 4 (C) published on page 153 on 21-1-2003.)
(11) If, having regard to its findings on all or any of the articles of charge, the disciplinary authority is of the opinion that any of the penalties specified in clauses (1) to (iii) of rule 14 should be imposed on the said Government servant, Should it be so, it shall, notwithstanding anything contained in rule 17, be somake an order imposing a penalty: Provided that in every case in which it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and no order imposing any such penalty on the Government servant shall be Before doing so on such adviceWill be considered.18 (11A) If the disciplinary authority, having regard to its findings on all or any of the articles of charge and on the basis of the evidence produced during the inquiry, is of the opinion that the penalties specified in clause (iv) (vii) of rule 14 If any of the following penalties should be imposed on that Government servant, it should be suchissue orders imposing penalty and it shall not be necessary to give the Government servant any opportunity of making any representation with respect to the penalty proposed to be imposed on him: Provided that in every case in which it is necessary to consult the Commission, Records of disciplinaryshall be forwarded by the authority to the Commission for its advice and such advice shall be considered before making any order imposing any such penalty on the Government servant.
(16. Substituted by No. No. 9 (5) (41) Personnel/A-3/2001 dated 21-1-2003. Official Gazette Part 4 (C) dated 21-1-2003 on page 153 Published.)
(12) The orders passed by the disciplinary authority shall be communicated to the Government servant and shall also be furnished to him a copy of the report of the inquiring authority and, where the disciplinary authority is not the inquiring authority, a statement of his findings, the disagreement with the findings of the inquiring authority. Brief reasons, if anyIf the same has not been given to him earlier and if any advice has been given by the Commission, a copy thereof shall also be given and where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance shall be given. .
However, it will not be necessary to furnish a copy of the report of the investigating authority in those cases in which any of the penalties specified in clauses (1) to (iii) of Rule 14 are imposed on the Government servant.
Rule 17 Procedure for imposing minor penalties (1) No order for imposing any of the penalties specified in clauses (i) to (iii) of Rule 14 shall be made unless-
(a) the Government servant has not been informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and has not been given an opportunity of making any representation he may wish to make; . ” ” (aa) in every case in which it is proposed to withhold increments of pay for a period exceeding three years or for any period with cumulative effect or in such a manner as to prejudicially affect the amount of pension payable to him or in which Where the disciplinary authority is of the opinion that such inquiry is necessary, RulesThe investigation has been done in the manner laid down in Section 16.(17. Added vide G.S.R. 37; No. F. 3(9)DOP/A-III/85 dated 16-11-87 published in Raj. Gaz E.O.4 (Ga) dated 18-11-1987 page 93-95. )
(b) the representation, if any, submitted by the Government servant under clause (a) and the record of the inquiry conducted under clause (aa), if any, have been considered by the disciplinary authority.
18 (c) The Government servant has, if he so desires, been given an opportunity of a personal hearing by the disciplinary authority to explain his case.
(18. Amended by No. F 3(9)DOP/A-III/78 dated 27-1-1979)
(d) In cases in which consultation with the Commission is necessary, consultation has not been done.
(2) The record of proceedings in such cases shall include the following –
(1) A copy of the notice to the Government servant of the proposal to take action against him;
(ii) a copy of the statement of allegation communicated thereto;
(iii) his representation, if any;
(iv) evidence presented during the investigation;
(v) Conclusions drawn from each assertion
(vi) the advice, if any, of the Commission and;
(vii) Orders passed on the case, along with the reasons therefor Rule 18 Joint trial (1) Where in any case two or more State
employees concerned, the Government or any other authority competent to impose the penalty of dismissal from service on all such Government employees may order that disciplinary proceedings be initiated against them
Should be done together.
(2) Any such order shall contain the following directions—
(i) Designation description of the officer who will be the disciplinary authority for the said joint proceedings.
(ii) the details of the penalties specified in rule 14 and the authority competent to impose them.
(iii) Whether the procedures contained in rule 16 or 17 are to be followed in the proceedings.
18-a. In cases of sexual harassment of working women at workplacesSpecial Procedure – Notwithstanding anything contained in Rules 16, 17 and 18, if there is any complaint of sexual harassment under Rule 25AA of the Rajasthan Civil Services (Conduct) Rules, 1971, then every department/ The complaint committee established in the office will be deemed to be the investigating authority and the saidThe report of the committee shall be deemed to be an inquiry report for the purposes of these rules.The disciplinary authority will act on the said investigation report in accordance with these rules. If no separate procedure is prescribed for the Grievance Committee to inquire into a complaint of sexual harassment, the Grievance Committee shall, as far as practicable, conduct the inquiry in accordance with the procedure laid down in these rules.
(19.new Rule 18A inserted vide G.S.R. 92; No. F9(2)(59)DOP/A-IV/97 Part-1 dated 14-2-2006. Published in Raj. Gaz. Part 4 (Ga) dated 14-2-2006 Page 131(1) to 131(3).)
Rule 19. Special procedure in certain cases Notwithstanding anything contained in rules 16, 17 and 18:
(1) Where any penalty is imposed on a Government servant for conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary officer is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to follow the procedure contained in the said rules, or
(iii) Where the Governor is satisfied that in the interest of the security of the State it is not expedient to pursue such procedure. the disciplinary authority may consider the circumstances of the case and pass such orders as it considers appropriate;
Provided that in any case in which consultation with the Commission is necessary. The Commission will be consulted before giving such orders.
20 Rule 19-A – Provisions regarding officers lent to the Central Government or to any company in the public sector or to autonomous bodies created by an Act of the State or Central Legislatures:-
(1) Where the services of a Government servant:-
(i) to the Central Government;
ii) to a public sector company registered under the Companies Act, 1956 (Act No. 1 of 1956); Or
(iii) if the loan has been given to any autonomous body under the control of the Government created by an Act of the State or Central Legislatures, hereinafter referred to as the borrowing authority in this rule, the powers of the appointing authority for the purpose of suspending the borrowing authority and against himThe disciplinary authority shall have the power for the purpose of taking disciplinary action.Provided that the borrowing officer shall immediately inform the authority which has lent the services of the employee (hereinafter referred to as the lending authority in these rules) of the circumstances leading to the order of suspension of that employee or initiation of disciplinary proceedings, as the case may be.
(2) Having regard to the findings of the proceedings taken against the Government servant:
(i) If the borrowing authority is of the opinion that clause (1) of rule 14
If any of the penalties specified in sub-section (3) should be imposed on him, he may, in consultation with the responsible authority, pass such orders in the matter as he considers necessary, provided that the borrowing authority
And in case of difference of opinion between the lending authorities, the services of the government employee will be placed back under the lending authority.
(ii) If the borrowing authority is of the opinion that any of the penalties specified in clauses (4) to (7) of rule 14 should be imposed on him, it shall place his services back under the lending authority and proceed with the investigation. and then the lending authority, if it is also the disciplinary authorityCan pass such orders as he deems necessary.If he is not the disciplinary authority, he may submit the case to the disciplinary authority who shall pass such orders as it considers necessary:
Provided that while passing such orders, the disciplinary authority shall comply with the provisions of sub-rules (10) and (11) of rule 16. (20 Inserted by No. F. 3(17)Apptts. (A-III)/67 dated 9-10-1974.)
21 Rule 19 (b) – Provisions in relation to a government employee of Subordinate Service, Clerical Service and Class IV Service posted in any government department other than the department of the appointing authority –
(1) Where a Government servant is posted to a department other than the department of the appointing authority (hereinafter referred to in these rules as the borrowing department), the Head of the Department of the borrowing department shall place him under suspension. and of the appointing authority for the purpose of appointmentThe Disciplinary Officer shall have the powers for the purpose of taking disciplinary proceedings against him: Provided that the borrowing department shall immediately inform the appointing authority of the circumstances relating to the order of his suspension or, as the case may be, the initiation of disciplinary proceedings.
(2) Having regard to the findings of disciplinary proceedings taken against a Government servant:(i) If the Head of the Department of the borrowing Department is of opinion that any penalty specified in clauses (i) to (iii) of rule 14 should be imposed on the Government servant, he shall, in consultation with the appointing authority, Can pass such orders as he considers necessary. Provided that in case of any difference of opinion between the Head of the Department of the borrowing department and the appointing authority, the services of such Government servant will be placed under the appointing authority.
(ii) If the Head of the Department borrowing is of opinion that any penalty specified in clauses (iv) to (vii) of rule 14 should be imposed on the Government servant, he shall place his services under the appointing authority. and shall forward the proceedings of the inquiry to him and then to the appointing authority if heis not a disciplinary authority, may pass such orders as he considers necessary or if he is not a disciplinary authority, refer the case to the concerned disciplinary authority who shall pass such orders in the matter as he considers necessary: Provided that no such order Disciplinary authority in sub-rule (10) of rule 16And shall comply with the provisions of (11).(21.Added by Ord. No. F. 3 (4)96 DOP/A-3/96 dated 29-3-1997.)
22 Rule 20. In the cases of Subordinate Service, Clerical Service and Fourth Service, orders passed by any disciplinary authority other than the Government shall be communicated to the Appellate Authority.
(22. Substituted by G.S.R. 46; No. f 3(13)Apptts. (A-III)79 dated 16- 08-1982)
Rule 21. There shall be no appeal against the orders given by the Government.
Notwithstanding anything contained in this Part, no appeal shall lie against any order made by the Government imposing any of the penalties specified in rule 14.
Rule 22Appeal against orders of suspension – A Government servant may appeal against an order of suspension to the authority immediately subordinate to which the authority which has made or is deemed to have made the order.
Appeal against imposition of penalties
23 Rule-23 (1) Any member of a Subordinate Service, Clerical Service or Class IV Service may appeal to the authority specified below against any order imposing on him any of the penalties specified in Rule 14:
(1) To the Government in the Subordinate Services Administrative Department,
(2) Clerical service to the Government in the administrative department,
(3) To the head of the fourth class service departmentHowever, the State Government may, by any general or special order, specify any other authority to whom an appeal may be presented against an order by any of the disciplinary authorities imposing any of the penalties under rule 14 of these rules. Can be done.
(2) Any member of the State Service against whom an order imposing any of the penalties specified in rule 14 has been made by any authority other than the Government may appeal to the Government against such order: Provided that the Rajasthan Higher Judicial Service or the Rajasthan Member of Judicial Service against whomIf an order imposing any of the penalties specified in Rule 14, other than the penalty of dismissal from service or discharge from service, is given by any authority other than the Government, he can appeal only to such a committee consisting of the Rajasthan High Court nominated by the Chief Justice. Three judges of the courtProvided also that any member of the State Service against whom the Commissioner of Departmental Investigation, under the authority entrusted in the investigation of embezzlement cases, orders the imposition of any of the penalties specified in rule 14 by the Head of the Department, shall be liable to be sent to the Administrative Department related to the said Department. By appealing to the government in the departmentWill be able to.
can may manage
(3) Notwithstanding anything specified in sub-rules (1) to (3), an appeal against any order made in the same proceeding under rule 18 shall lie to the authority immediately subordinate to him acting as the disciplinary authority for that proceeding. Have authority to do the work.
(4) Where an appeal under this rule is made to the Government, it shall be decided after consultation with the Public Service Commission, wherever such consultation is necessary.
(23. Substituted by No. F. 3(3) Karmik (A-III) 79 dated 16-8- 1982.)
Rule 24 In cases of any appealable order, the authority passing the said order shall, within a reasonable time, give a certified copy of the order free of charge to the person against whom the order has been passed.
Rule 25 Limitation for appeals:-
No appeal under this Part shall be entertained unless it is presented within a period of three months from the day on which the appellant receives a copy of the order appealed against. Have to do:
Provided that the appellate authority may entertain the appeal even after the expiry of the aforesaid time if it is satisfied that the appellant had sufficient reasons for not presenting the appeal in time.
Rule 26 Form and contents of appeal
(1) Every person making an appeal shall appeal separately and in his own name.
(2) The appeal shall be sent to the authority against whose decision the appeal lies. It will contain all the material details and arguments on which the appellant relies. There will be no disrespectful or inappropriate language used in it and it will be complete in itself.
Provided that if such authority is not the Head of the office in which the appellant is serving or, if he is not in service, is not the Head of the office in which he was last serving, or is not subordinate to the Head of such office. then the appeal shall be presented to the head of such office as may be prescribed to himshall immediately forward it to the said officer: Provided further that a copy of the appeal may be presented directly to the appellate authority.
Rule 28 Withholding of appeals
(1) The authority against whose order the appeal is made may withhold the appeal, if-
(i) the appeal is against an order not subject to appeal, or
(ii) any of the provisions of rule 26 has not been complied with, or
(iii) it is not submitted within the period specified in rule 25 and the reason for the delay is not stated, or
(iv) where it is a repetition of a previously decided appeal and no new facts or circumstances are stated, but where any appeal which has been withheld merely on the ground that the provisions of rule 26 have not been complied with, shall be returned to the appellant. and if within one month of its return
After complying with the above provisions, it will not be stopped if it is presented again.
(2) Where an appeal is withheld, the appellant shall be informed of that fact and the reasons therefor.
(3) A list of appeals stayed by an authority during the previous quarter, together with the reasons for their stay, shall be submitted by that authority to the Appellate Authority at the beginning of each quarter.
Rule 29 Hearing (dispatch) of appeals – (1) The authority against whose order the appeal is made shall, without any delay, forward to every appeal, which has not been stayed under rule 28, the appeal along with its own comments and related records. Will transmit to the authority.
(2) The authority to which the appeal lies may direct the appeal withheld under Rule 28 to be transmitted to itself and thereafter such appeal shall be transmitted to that authority along with the relevant records and the comments of the person withholding the appeal.
Rule 30 Consideration of appeals
(1) In the case of any appeal against an order of suspension, the appellate authority shall consider whether, having regard to the provisions of rule 13 and the circumstances of the case, the order of suspension would be just. Whether it is or not and then confirm or cancel the order.
(2) In the case of an appeal against an order imposing any of the penalties specified in rule 14, the appellate authority shall consider the following facts:—
(a) whether the procedure prescribed in these rules has been followed and if not, whether such non-compliance has resulted in violation of any provisions of the Constitution or in denial of justice;
(b) whether the facts on the basis of which the order was made have been proved;
(c) whether there is sufficient justification for making any order on the basis of facts proved; And(d) whether the penalty imposed is excessive, adequate or inadequate; and after giving the Government servant, if he so desires, an opportunity of being personally heard to explain his case and after consulting the Commission, if consultation is necessary in the case –
(i) to set aside, reduce, confirm or enhance the penalty or
(ii) order the case to be remitted to the authority imposing the penalty or to any other authority with such directions as he may deem fit in the circumstances of the case.
Provided that – (1) The appellate authority shall not impose any such enhanced penalty. Which he himself or the authority against whose order is appealed is not competent to impose in that case,
(ii) No order imposing enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty,
(iii) If the enhanced penalty which the appellate authority proposes to impose is any one of the penalties specified in clauses (iv) to (vii) of rule 14 and the case has not been investigated under rule 16, the appeal
Subject to the provisions of rule 19, the authority may itself conduct such inquiry or direct such inquiry and may thereafter consider the proceedings of such inquiry and pass such orders as it deems appropriate.
Rule 31 Implementation of orders given in appeal: The authority against whose order the appeal has been made shall implement the orders passed by the appellate authority.
revision and review
(24. Substituted by G.S.R. 68; No. F.3(2)Karmik/A-III/82 dated 21-6-
Rule 32 – The authority to which an appeal lies against an order imposing any penalty specified in rule 14 and if no appeal is made thereto, shall, whether voluntarily or otherwise, in the case of any disciplinary action taken by any authority subordinate to him Will be able to call for the records of the case and examine themand, if necessary, after further investigation, revise any order passed in such case and after consultation with the Commission, where such consultation is necessary –
(a) confirm, amend or cancel the order;
(b) impose any penalty or set aside, reduce, confirm or increase any penalty imposed by order;
(c) remand the case to the authority which made the order or to any other authority with a direction to conduct such further proceedings or investigation as it thinks fit in the circumstances of the case; Or
(d) pass such order as he thinks fit; But-
(1) No order imposing or enhancing any penalty shall be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.
25 (2) If the appellate authority proposes to impose any of the penalties specified in clauses (iv) to (vii) of rule 14 in a case in which no inquiry has been conducted under rule 16, the provisions of rule 19 The subject matter shall direct such inquiry and after considering such inquiry pass such orderWill do whatever he thinks is right.(25. Substituted by G.S.R. 68; No. F3(2)Karmik/A-III/82 dated 21-6- 1983.)
(3) No proceedings under this rule shall be initiated later than six months from the date of the order to be revised.
Rule 33 Review of orders in disciplinary cases against members of the State Services – The Government may, whether voluntarily or otherwise, call for the records of any case in which an order has been made imposing any of the penalties specified in rule 14 on any member of the State Services, such Any order passed in any cases and, where such consultation is necessary, after consultation with the Commission,20 (a) confirm, modify or set aside the order,
(26. Substituted vide G.S.R. 129; No. F.3(17) Apptts. (A-III)/67 dated 9- 10-1974.)
(b) impose or set aside any penalty, reduce or increase any penalty thereby imposed.
Provided that no order for enhancement of any penalty shall be made unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty:-
Rule 34 – Review powers of the Governor – Notwithstanding anything contained in these rules, the Governor may, voluntarily or otherwise, after calling for the records of the cases, pass any order which is not contained in these rules or regulations.
35 or is appealable, and after consultation with the Commission, where such consultation is necessary –
(a) confirm, modify or set aside orders, or
(b) impose any penalty or set aside, reduce or confirm any penalty imposed by order, or
(c) remit the case to the authority which made the order or to any other authority directing such further proceedings or investigation as they may deem appropriate in the circumstances of the case, or
(d) pass such other orders as they deem aforesaid: Provided that (1) No order imposing or enhancing any penalty shall be made unless the person concerned has been given the opportunity of making a representation against such enhanced penalty; Wanted to do it, but was not given the opportunity.
2″ (ii) If the Governor proposes to impose any of the penalties specified in clauses (iv) to (vii) of rule 14 in a case in which no inquiry has been made under rule 16, he shall, in accordance with rule 19, and after considering the proceedings of such inquiryWill pass such order as they deem fit.(27. Substituted vide G.S.R. 68; No. F 3(2) Karmik/A-III/82 dated 21-6- 1983.)
20 No action will be taken under this rule after more than three years from the date of the order to be reviewed.
(28. Added by G.S.R. 29; No. F. 3(2)Karmik (A-III)/75 dated 25-7- 1975.)
Rule 35. Repeal and saving
(1) The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and the notifications issued and orders made under any such rules, to the extent that they are in accordance with those rules, are hereby repealed. apply to individuals
To whom these rules apply and where they relate to the classification of civil services specified in the Schedule or in so far as they confer powers to make appointments, impose penalties or entertain appeals:
(a) such repeal shall not affect the operation of the said rules, notifications and orders or anything previously done or taken thereunder,
(b) Any proceedings under the said rules, notifications or orders which were pending at the time of the commencement of these rules shall continue and shall, as far as may be, be disposed of in accordance with the provisions of these rules.
(2) Nothing in these rules shall have the effect of depriving any person to whom these rules apply of the right of appeal in respect of any order passed before the commencement of these rules. has accrued under the rules, notifications or orders repealed by sub-rule (1) thereofyes.
What happened to become go occur exist
chance to take place about behoove
subsist be in progress offer number(3) At the time of commencement of these rules, an appeal made in a pending suit, which is against any order which was given before the commencement of these rules, shall be considered and orders thereon passed in accordance with these rules. .
(29. Inserted vide Notification No. F. 3(2)Apptts. A/61 Gr. III dated 16-9-1961.)
Rule 36. Removal of doubts – Where any doubt arises as to who is the head of any office or any authority subordinate to or superior to him or in the interpretation of any of the provisions of these rules or
If there is any doubt about his qualification, the matter will be referred to the Appointments Department of the Government, whose decision thereon will be final.
Rule 37 Special provision for certain officers – Where an officer has not been appointed to any post under any of the schemes of integration, he shall be appointed to a post under the rules applicable to him in the same unit incorporated in Rajasthan in which he last held an appointment. Will continue to be governed