Haryana Civil Services (Punishment and Appeal) Rules, 2016
No: -- Dated: Jul, 19 2016
HARYANA GOVERNMENT
GENERAL ADMINISTRATION DEPARTMENT
Notification
The 19th July, 2016
No. 62/4/2016-6GS-I:- In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules regulating the terms and conditions of service of Government employees of the State of Haryana, namely:-
1. Short title and commencement:-
(1) These rules may be called the Haryana Civil Services (Punishment and Appeal) Rules, 2016.
(2) These rules shall be deemed to have come into force from 19 th July, 2016.
2. Application.— (1) These rules shall apply to every Government employee, but shall not apply to―
(a) any member of the All India Services;
(b) any person in casual employment;
(c) any person subject to discharge from service on less than one month’s notice;
(d) any person for whom special provision is made in respect of matters covered by these rules or by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the Governor before or after the commencement of these rules, in regard to matters covered by special provisions;
(e) any employee appointed on deputation from Central Government or any other State Government.
(2) Notwithstanding anything contained in sub-rule (1), these rules shall apply to every Government employee temporarily transferred to a service or post coming within clause (d) of sub-rule (1) to whom, but for such transfer, these rules shall apply;
Note 1:-The Speaker of the Legislative Assembly has agreed under clause (3) article 187 of the Constitution that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the secretarial staff of the Haryana Legislative Assembly.
Note 2:-The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission. Note 3:-If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the General Administration
3. Definitions:-
(1) In these rules, unless the context otherwise requires,-
(a) "appointing authority" means,-
(i) the authority empowered to make appointments to the service of which the Government employee is for the time being a member ; or
(ii) the authority empowered to make appointments to the post which the Government employee for the time being holds ; or
(iii) the authority which appointed the Government employee to such service, pay structure or post, as the case may be; or
(iv) where the Government employee having been a permanent member of any other service or having held any other post, has been in continuous employment of the Government, the authority which appointed him to that service or to that post whichever authority is the highest authority;
(b) "commission" means the Haryana Public Service Commission;
(c) “government" means the Government of the State of Haryana in the administrative department;
(d) "government employee" means any person appointed to any civil service or post in connection with the affairs of the State of Haryana;
Explanation:-A Government employee whose services are placed at the disposal of a company, corporation, organization or a local authority by the Government shall, for the purpose of these rules be deemed to be a Government employee serving under the Government notwithstanding that his salary is drawn from sources other than the consolidated fund of the State;
(e) “governor” means the Governor of Haryana;
(f) "punishing authority" means the authority competent under these rules or respective service rules to impose any of the penalties specified in rule 4 on a Government employee;
(g) "services" means the civil services under the administrative control of the Haryana Government classified as under:-
1. the State Civil Services, Group A;
2. the State Civil Services, Group B;
3. the State Civil Services, Group C;
4. the State Civil Services, Group D.
(h) "dismissal" means removal from service of a Government employee by way of punishment on account of any grave misconduct on his part or serious criminal charge against him. The dismissal shall be a disqualification for future employment under the Government;
(i) "removal" means removal of a Government employee from service. It is one of the major punishments awarded under these rules. However, the removed person is not debarred for future employment under the Government;
(j) "censure” means expression of severe displeasure. It is one of the minor penalties imposed under rule 4;
(k) "charged person" means a Government employee against whom disciplinary proceedings under these rules have been instituted;
(l) "compulsory retirement" means retirement from service of a Government employee as a measure of punishment under these rules, irrespective of age or length of service of such employee;
(m) "termination" means discharge from service on whatsoever reason by the competent authority but not by way of removal or dismissal from service;
(2) The words and expressions not defined in these rules but defined in the Haryana Civil Services (General) Rules, 2016 shall have the same meaning respectively for the purpose of these rules