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Haryana Civil Services (Punishment and Appeal) Rules, 2016
Haryana Civil Services (Punishment and Appeal) Rules, 2016
Sections
1. Short title and commencement.
Section 12. Application.
Section 23. Definitions.
Section 34. Penalties.
Section 45. Suspension and withholding of emoluments.
Section 56. Authority to impose punishment.
Section 67. Procedure for imposing major penalty.
Section 78. Procedure for Imposing minor penalties.
Section 89. Right of appeal.
Section 910. Period of limitation of appeal.
Section 1011. Order which may be passed by the appellate authority.
Section 1112. Second appeal where penalty is increased.
Section 1213. Right of revision.
Section 1314. Power of superior authority to revise the proceeding of an inferior authority.
Section 1415. Prohibition as to collective appeal.
Section 1516. Common proceedings.
Section 1617. Manner of the presentation of appeal or application for revision.
Section 1718. Withholding of appeals and applications for revision.
Section 1819. Saving of the function of Haryana Public Service Commission.
Section 1920. Repeal and Saving.
Section 2021. Power to interpret, amend and relax these rules.
Section 21
haryana-civil-services-punishment-and-appeal-rules-2016.json
•
21 Sections
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Haryana
{
"id": 16942,
"slug": "haryana-civil-services-punishment-and-appeal-rules-2016",
"title": "Haryana Civil Services (Punishment and Appeal) Rules, 2016",
"short_title": "Haryana Civil Services (Punishment and Appeal) Rules, 2016",
"act_number": "Published vide Notification No. 62/4/2016-6GS-1, d",
"act_year": 2016,
"act_type": "STATE",
"location": "Haryana",
"law_status": "unknown",
"enactment_date": null,
"description": "Haryana Civil Services (Punishment and Appeal) Rules, 2016",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Application.",
"chapter": null,
"content": "(a) any member of the All India Services;\n(b) any person in casual employment;\n(c) any person subject to discharge from service on less than one month's notice;\n(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;\n(e) any employee appointed on deputation from Central Government or any other State Government.\nNote 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.\nNote 1.\nNote 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.\nNote 2.\nNote 3. - If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the General Administration.\nNote 3.",
"footnote": "",
"is_definition": false,
"sort_order": 1
},
{
"number": "3",
"title": "3. Definitions.",
"chapter": null,
"content": "(a) \"appointing authority\" means,-\n(i) the authority empowered to make appointments to the service of which the Government employee is for the time being a member ; or\n(ii) the authority empowered to make appointments to the post which the Government employee for the time being holds ; or\n(iii) the authority which appointed the Government employee to such service, pay structure or post, as the case may be; or\n(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;\n(b) \"commission\" means the Haryana Public Service Commission;\n(c) \"government\" means the Government of the State of Haryana in the administrative department;\n(d) \"government employee\" means any person appointed to any civil service or post in connection with the affairs of the State of Haryana;\n(e) \"governor\" means the Governor of Haryana;\n(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;\n(g) \"services\" means the civil services under the administrative control of the Haryana Government classified as under:-\n1. the State Civil Services, Group A;\n2. the State Civil Services, Group B;\n3. the State Civil Services, Group C;\n4. the State Civil Services, Group D;\n(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;\n(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;\n(j) \"censure\" means expression of severe displeasure. It is one of the minor penalties imposed under rule 4;\n(k) \"charged person\" means a Government employee against whom disciplinary proceedings under these rules have been instituted;\n(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;\n(m) \"termination\" means discharge from service on whatsoever reason by the competent authority but not by way of removal or dismissal from service;",
"footnote": "",
"is_definition": true,
"sort_order": 2
},
{
"number": "4",
"title": "4. Penalties.",
"chapter": null,
"content": "(a) Minor Penalties: -\n(a) Minor Penalties:\n(i) warning with a copy in the personal file;\n(ii) censure;\n(iii) withholding of promotion for a specified period upto one year;\n(iv) recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders, to the Central Government or a State Government or to a Company and association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Government or to a local authority set up by an Act of Parliament or of the legislature of a State ; and\n(v) withholding of increment(s) without cumulative effect.\n(b) Major Penalties: -\n(b) Major Penalties:\n(i) withholding of increment(s) with cumulative effect;\n(ii) withholding of promotion for a specified period more than one year;\n(iii) reduction to a lower stage in the pay band or pay scale for a specified period, with the specific directions as to whether normal increment shall be admissible or not during the currency of the specified period of reduction, and further, whether on the expiry of the period of reduction his pay is to be restored or not.\n(iv) reduction to a lower pay structure, post or service for a period of more than one year from which he has been promoted which shall ordinarily be a bar to the promotion of the Government employee to the pay structure, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the pay structure, post or service from which the Government employee was reduced and his seniority and pay on such restoration to that pay structure, post or service;\n(v) compulsory retirement;\n(vi) removal from service;\n(vii) dismissal from service.\n(i) withholding of increments of a Government employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;\n(ii) non-promotion of a Government employee, whether in a substantive or officiating capacity, after consideration of his case, to a service, pay structure or post for promotion to which he is eligible;\n(iii) withdrawal or non-grant of ACP Pay structure on foregoing promotion;\n(iv) reversion of a Government employee officiating in higher pay structure, post or service to a lower pay structure, post or service on the ground that he is considered to be unsuitable for such higher pay structure, post or service on any administrative grounds but not connected with his conduct;\n(v) reversion of a Government employee, promoted or appointed to any service, post or pay structure during or at the end of the period of probation, in accordance with the terms of his appointment or the rules and orders governing such probation;\n(vi) retirement on superannuation on attaining the maximum age of retirement;\n(vii) termination of the service -\n(a) of a Government employee appointed on probation, during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probations; or\n(b) of a temporary Government employee appointed otherwise than under contract, on the expiration of the period of the appointment, or on the abolition of the post or before the due time in accordance with the terms of appointment; or\n(c) of a Government employee employed under an agreement in accordance with the terms of such agreement.\nNote 1. - Punishing authorities shall publish in the Haryana Government Gazette reasons for dismissal where such publication is considered desirable in the public interest.\nNote 1.\nNote 2. - In order to guard against the inadvertent re- employment of person dismissed, from the Government service, the authority passing an order of dismissal shall intimate to the Head of Criminal Investigation Department in the Police Department, Haryana, Deputy Commissioner and the Superintendent of Police of the District of which the person concerned is a permanent resident, the name of such a person and any other particulars required for purposes of identification, unless the dismissal has been notified in the Haryana Government Gazette. Similarly, if a person happens to be a resident of another State, the aforesaid officers of that State shall be informed accordingly.\nNote 2.\nNote 3. - The provisions of this rule shall not be construed to derogate from the provisions of section 36 of the Punjab Courts Act, 1918, the Payment of Wages Act, 1936, or any other law authorizing the imposing of fines on the ministerial establishment governed by these laws and the authority competent to award the punishment of the fine may do so in addition to the punishment aforesaid.\nNote 3.\nNote 4. - The discharge of a person appointed to hold a temporary appointment, otherwise than in accordance with the provisions of Explanation (vii) (b) to rule 4 amounts to removal or dismissal and is, therefore, appealable under these rules.\nNote 4.\nNote 5. - The distinction between censure, the withholding of promotion and non-selection to a selection post, is of considerable importance .Both censure and the withholding of promotion are appealable under these rules. On the other hand non-selection for a selection post is not appealable.\nNote 5.\nNote 6. - (i) While reduction of seniority as an independent penalty is not provided for in rule 4, and shall not be imposed as such. The loss of seniority as a result of an order of reduction to a lower post or pay structure, being inherent in the order of reduction shall not be avoided.\nNote 6.\n(ii) The seniority, on re-promotion of a Government employee reduced to a lower post or pay structure, shall be determined by the date of such re-promotion in accordance with the orders issued by the competent authority. Such Government employee shall not be restored to his original position unless this is specifically laid down at the time of order of punishment is passed, or revised on appeal.\nNote 7. - Unauthorized desertion of post by a public employee in the face of enemy action, or threat of enemy action clearly amounts to grave misconduct and shall, therefore, constitute a good and sufficient reason within the meaning of rule 4, for removal or dismissal in addition to any penalty provided in the Haryana Essential Service (Maintenance) Act, 1974. Forfeiture of past service towards pension shall then follow automatically by virtue of the provisions in Haryana Civil Services (Pension) Rules, 2016 or forfeiture of Government contribution in the account of Government employee who are covered under the New Defined Contributory Pension Scheme, 2008.\nNote 7.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Suspension and withholding of emoluments.",
"chapter": null,
"content": "(a) a disciplinary proceeding against him is contemplated or is pending, or\n(b) a case against him in respect of any criminal offence is under investigation, inquiry or trial: or\n(c) in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State:\nNote 1. - The order of suspension shall stand revoked, being invalid, unless the punishing authority obtains the approval of next higher authority and informs the Government employee under suspension the specific period of extension of suspension before the expiry of period of ninety days or extended period of another ninety days, as the case may be.\nNote 1.\nNote 2. - Where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.\nNote 2.\n(a) with effect from the date of his detention, if he is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;\n(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Authority to impose punishment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Procedure for imposing major penalty.",
"chapter": null,
"content": "(1) No order of imposing a major penalty shall be passed against a person to whom these rules are applicable unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.\n(2) Whenever the punishing authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government employee, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof:\n(3) Where it is proposed to hold an inquiry against a Government employee under this rule, the punishing authority shall draw up or cause to be drawn up-\n(i) the substance of imputation of misconduct or misbehaviour into definite and distinct statement of charges;\n(ii) a statement of imputation of misconduct or misbehaviour in support of each statement of charge, which shall contain-\n(a) a statement of all relative facts including any admission or confession made by the Government employee;\n(b) a list of documents by which and a list of witnesses by whom, the statement of charges are proposed to be sustained.\n(4) The punishing authority shall deliver or cause to be delivered to the Government employee, a copy of the statement of charges, the statement of the imputations of misconduct or misbehaviour and a list of document and witness by which each statement of charge is proposed to be sustained and shall require the Government employee to submit, within such time as may be specified (not more than 45 days), a written statement of his defence and to state whether he desires to be heard in person.\n(5) In case the competent authority is satisfied with the written statement of defence given by the charged person, it may drop the charge-sheet without resorting to the procedure of conducting enquiry. Similarly, if the competent authority after considering the written statement of defence of the charged person is of the opinion that awarding of minor punishment shall meet the end of justice, then the authority competent may award minor punishment without following the procedure of conducting the enquiry.\n(6) Subject to the provisions of sub-rule (5), on receipt of the written statement of defence, the punishing authority may-\n(i) itself inquire into such of the statement of charges as are not admitted; or,\n(ii) if it considers it necessary so to do, appoint under sub-rule (2), an inquiry officer for the purpose; and\n(iii) where all the statement of charges have been admitted by the Government employee in his written statement of defence, the punishing authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 7(C);\n(7) If no written statement of defence is submitted by the charged person within the specified period or extended period, if any, allowed by the punishing authority after due consideration, the punishing authority may itself inquiry into the statement of charges or may, if it considers it necessary to do so, appoint under sub-rule (2), inquiry officer for the purpose.\n(8) Where the punishing authority itself inquiries into any articles of charge(s) or appoints an inquiry officer for holding an inquiry into such charge(s), it shall by an order appoint a Government employee or a legal practitioner, to be known as the 'Presenting Officer' to present on its behalf the case in support of the statement of charges.\n(9) The punishing authority shall, where it is not itself the inquiry officer, forward to the inquiry officer-\n(i) a copy of the articles of charge(s) and the statement of the imputation of misconduct or misbehaviour;\n(ii) a copy of written statement of defence, if any submitted by the charged person;\n(iii) a copy of the statement of witnesses, if any, referred to in sub-rule (3);\n(iv) evidence proving the delivery of the documents required to be delivered to the charged person under sub-rule (4);\n(v) a copy of the order appointing the Presenting Officer.\n(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-rule (3);\n(ii) submit a list of witnesses to be examined on his behalf;\n(iii) apply orally or in writing for the supply of copies of the statements, if any recorded, of witness mentioned in the list referred to in sub-rule (3), in which case the inquiring authority shall furnish to him such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the punishing authority; and\n(iv) give a notice within ten days of the order or within such further time not exceeding ten days, as the inquiring authority may allow for the discovery or production of any documents which is in the possession of Government, but not mentioned in the list referred to in sub-rule (3) and the Government employee shall also indicate the relevance of the document required by him to be discovered or produced by the Government.\nNote 1. - Charges need not necessarily be framed in relation only to specific incidents or acts of misconduct. When reports received against an officer or a preliminary enquiry show that his general behaviour has been such as to be unfitting to his position, or that he has failed to reach or maintain a reasonable standard of efficiency he may be charged accordingly, and a finding of such a charge may be valid ground for the infliction of any authorized punishment, which may be considered suitable in the circumstances of the case. It shall be necessary to communicate the charges of misbehaviour or of inefficiency or of both as the case may be, to the officer/official concerned but statement which is to be communicated to the officer/official in support of the charges need not specify particular acts of misconduct. It shall be sufficient in the statement to give the list of the report on the basis of which misbehaviour or inefficiency is alleged.\nNote 1.\nNote 2. - Any person compulsorily retired from service in accordance with the procedure prescribed by this rule shall be granted such compensation, pension gratuity, or Provident Fund benefits as may have been admissible to him had he been discharged from service due to the abolition of his post without any alternative suitable employment being provided, under the rules applicable to his service or post on the date of such retirement.\nNote 2.\n(B) Submission of inquiry report\n(1) After the close of the enquiry, the inquiry officer shall prepare his report which inter-alia indicate the following:-\n(a) statement of charges and the allegations framed against the Government employees;\n(b) his explanation, if any;\n(c) oral and documentary evidence produced in support of the charges;\n(d) oral and documentary evidence led in defence;\n(e) findings on the charges.\n(a) the report prepared by it under rule 7(B)(1);\n(b) the written statement of defence, if any, submitted by the charged person;\n(c) the oral and documentary evidence produced in the course of the inquiry;\n(d) written briefs, if any, filed by the presenting officer or the charged person or both during the course of the inquiry; and\n(e) the orders, if any, made by the punishing authority and the inquiry officer in regard to the inquiry.\n(C) Action on inquiry report\n(1) After the enquiry against a charged person has been completed, the punishing authority shall forward or cause to be forwarded a copy of the enquiry report, and where the punishing authority does not agree with the enquiry report or any part thereof, the reasons for such disagreement shall be communicated alongwith the enquiry report, to the charged person who may submit, if he so desires, a written representation to the punishing authority within a period of one month from the date of such communication.\n(2) The punishing authority shall consider the representation, if any, submitted by the charged person and record its findings before proceeding further in the matter as specified in rule 4.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Procedure for Imposing minor penalties.",
"chapter": null,
"content": "(i) based on facts has led to his conviction in a criminal court; or\n(ii) has been passed superseding him for promotion to a higher post on the grounds of his unfitness for that post on account of the existence of unsatisfactory record:",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Right of appeal.",
"chapter": null,
"content": "(a) imposing upon him any of the penalties specified in rule 4;\n(b) discharging him in accordance with the term of his contract, if he has been engaged on a contract for a definite, or for an indefinite periods and has rendered, under either form of contract, continuous service for a period exceeding five years at the time when his services are terminated;\n(c) reducing or withholding the amount of pension admissible under the rules governing pension;\n(d) termination of service;\n(e) an order which denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement.\n(f) premature retirement from service in public interest before attaining the age of superannuation.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Period of limitation of appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Order which may be passed by the appellate authority.",
"chapter": null,
"content": "(a) facts on which the order was based have been established;\n(b) facts established afford sufficient ground for taking action; and\n(c) penalty is excessive or adequate and after such consideration, shall pass such order as it thinks proper:",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Second appeal where penalty is increased.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Right of revision.",
"chapter": null,
"content": "(a) if the appellate authority is one other than Government; and\n(b) on the ground of material irregularity in the proceedings of the inquiry officer or appellate authority, or on the discovery of new and important matter of evidence, which after the exercise of diligence was not within the knowledge of the petitioner, or could not be produced by him when the orders were passed against him or on account of some mistake or error on the face of the record.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Power of superior authority to revise the proceeding of an inferior authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Prohibition as to collective appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Common proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Manner of the presentation of appeal or application for revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Withholding of appeals and applications for revision.",
"chapter": null,
"content": "(a) it is an appeal or application for revision in a case in which under these rules, no appeal or application for revision lies; or\n(b) it does not comply with the provisions of rule 17; or\n(c) it is an appeal and is not preferred within the prescribed period; or\n(d) it is a repetition of a previous appeal or application for revision and is made to the same appellate or revisionary authority by which such appeal or application for revision has been decided and no new facts or circumstances are adduced which afford ground for a reconsideration of the case:",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Saving of the function of Haryana Public Service Commission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Repeal and Saving.",
"chapter": null,
"content": "(a) such repeal shall not affect the provisions of the said rules or any notification or order made or anything done, or any action taken, there under; and\n(b) any proceedings under the said rules, pending at the commencement of these rules, shall be continued and disposed of, as far may be , in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Power to interpret, amend and relax these rules.",
"chapter": null,
"content": "Note. - Communications regarding the interpretation and alteration of these rules shall be addressed to the General Administration Department through the Administrative Department concerned.\nNote.",
"footnote": "",
"is_definition": false,
"sort_order": 20
}
],
"metadata": {
"Act ID": "Last Updated 5th December, 2019 [hl768]",
"Act Number": "Published vide Notification No. 62/4/2016-6GS-1, dated 19.07.2016",
"Enactment Date": "",
"Act Year": "2016",
"Short Title": "Haryana Civil Services (Punishment and Appeal) Rules, 2016",
"Type": "STATE",
"Location": "Haryana"
},
"updated_at": "2026-09-29 21:55:19"
}