Draft Notification relating to the amendment in the All India Services (Discipline &Appeal) Rules 1969 -reg
Govenunent of India
Ministry of Personnel, Public Grievances & Pensions
Departrnent of Personnel & Training
New Delhi dated the 20th April, 2015
The Chief Secretaries of all the States/UTs
Subject: - Draft Notification relating to the amendment in the All India Services (Discipline &Appeal) Rules 1969 -reg.
Sir / Madam,
I am directed to refer to the Draft Notification relating to the amendments in the All India Services (Discipline and Appeal) Rules 1969, prepared after consultation with the State Governments / Cadre Controlling Authorities and to invite further comments on the said Draft Notification within 30 days (i.e. 20th May 2015). The Draft Notification is appended below. The comments, if any, may be emailed at navneet.misra(th,nic.inand the comments received after duedate shall not be entertained.
Encl: As above.
(Diwakar Nath Misra)
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART
II, SECTION 3, SUB SECTION (i)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, dated the April, 2015
G.S.R (E). In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, afternconsultation with the State Govermnents, hereby makes the following ntles further tonamend the All India Services (Discipline and Appeal) Rules,1969, namely:-
2. (i) These rules may be called the All India Services (Discipline and Appeals) Amendment Rules, 2015.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. In the All India Service (Discipline and Appeal) Rules, 1969, (hereinafter refened to as the said rules), in rule 3, in sub-rule (1), the following proviso shall be inserted, namely:-
"Provided for continuing suspension beyond a week, the appropriate Government will have to get the recormnendations of the Civil Services Board/Central Review Committee in the case of Central Government and in the case of a State Government, the recommendations of the Review Committee constituted by the State Government under Schedule I appended to Rule 3(8)(c). The central Government may confirm the order of suspension or take any other appropriate decision in the matter keeping in view the recommendations of the Civil Services Board".
3. In the said rules, for third proviso to sub-rule (1) of rule 3, the following proviso shall be substituted, namely:-
"Provided further that, where a State Government passes an order placing under suspension a member of the Service against whom disciplinary proceedings are contemplated, such an order shall not be valid unless, before the expiry of a period of thirty days from the date from which the member is placed under suspension, or such further period not exceeding thirty days as may be specified by the Central Government for reasons to be recorded in writing, either disciplinary proceedings are initiated against him or the order of suspension is confirmed by the Central Government".
4. In the said rules, in rule 3(6A), the word "ordinarily shall be omitted.
5. In the said rules, for rule 3(9), the following rule shall be substituted, namely,
"3(9) Every order of suspension and every order of revocation shall be made in the stipulated standard form appended to these rules. A copy of the order shall be
endorsed to the Appointing Authority, if the order is made by some other authority; and to the Lending Authority in the case of borrowed officer. The reasons for every such order shall also be communicated to the Appointing Authority and the Lending Authority, through confidential letters alongwith the order itself. A copy of the suspension order along with the reasons/grounds of suspension should be communicated to the Cadre Controlling authority in the Central Goverrunent not later than 48 hours".
6. In the said rules, after rule 3(9), the following rule shall be inserted, namely.
"3 (10) As soon as a member of the Service is placed under suspension or is deemed to have been placed under suspension, the information in this regard shall be communicated to Govemment of India by fastest means and definitely within 48 hours".
7. In the said rules, for rule 18(4), the following rule shall be substituted, namely,
"18(4) The authority which made the order appealed against shall, on receipt of a copy of every appeal, which is not withheld under rule 21, forward the same with its comments thereon together with the relevant records to the appellate authority within 30 days of the receipt bv the State Governments and without waiting for any direction from the Central Government. If the original appeal along with the conunents of the State Government is not received by the Central Government within stipulated period, the Central Government would take a decision on the advance copy of the appeal received by them.
8. In the said rules, for rule 25(4), the following rule shall be substituted, namely,
"25(4) If the memorial is against the orders of a State Government, it shall be submitted through the State Government concemed and if the memorial is against the orders of the Central Government, it shall be submitted through the Ministry or the authority concerned in the Central Government, and the State Government concerned, or as the case may be, the Ministry or authority in the Central Government shall forward the same together within 30 days of the receipt with a concise statement of facts material thereto and, unless there are special reasons to the contrary, with an expression of its opinion thereon. lf the original memorial alongwith the comments of the Ministry or the State Government concerned, or as the case may be, is not received by the Central Government within stipulated period, the Central Government would take decision on the advance copy of the
memorial received by them".
(Diwakar Nath Misra)