(a) Minor Penalties: -
(a) Minor Penalties:
(i) warning with a copy in the personal file;
(ii) censure;
(iii) withholding of promotion for a specified period upto one year;
(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
(v) withholding of increment(s) without cumulative effect.
(b) Major Penalties: -
(b) Major Penalties:
(i) withholding of increment(s) with cumulative effect;
(ii) withholding of promotion for a specified period more than one year;
(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.
(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;
(v) compulsory retirement;
(vi) removal from service;
(vii) dismissal from service.
(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;
(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;
(iii) withdrawal or non-grant of ACP Pay structure on foregoing promotion;
(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;
(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;
(vi) retirement on superannuation on attaining the maximum age of retirement;
(vii) termination of the service -
(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
(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
(c) of a Government employee employed under an agreement in accordance with the terms of such agreement.
Note 1. - Punishing authorities shall publish in the Haryana Government Gazette reasons for dismissal where such publication is considered desirable in the public interest.
Note 1.
Note 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.
Note 2.
Note 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.
Note 3.
Note 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.
Note 4.
Note 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.
Note 5.
Note 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.
Note 6.
(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.
Note 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.
Note 7.
Section 4 • Haryana Civil Services (Punishment and Appeal) Rules, 2016
4. Penalties.
haryana-civil-services-punishment-and-appeal-rules-2016-sec-4.json
•
Section 4
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"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.",
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