High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011

{
    "id": 16642,
    "slug": "high-court-of-gujarat-conduct-discipline-and-appeal-rules-2011",
    "title": "High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011",
    "short_title": "High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011",
    "act_number": "Published vide Notification No.1/HC/C-1339/2011, d",
    "act_year": 2011,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011",
    "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. Definitions.",
            "chapter": null,
            "content": "(a) \"Chief Justice\" means The Chief Justice of the High Court of Gujarat.\n(b) \"Constitution\" means the Constitution of India.\n(c) \"Court\" means the High Court of Gujarat.\n(d) \"Establishment\" means and includes all Offices, Departments, Sections, Branches and other ancillary Units and Wings of the High Court of Gujarat.\n(e) \"Governor\" means the Governor of the State of Gujarat\n(f) \"Members of the establishment and Member of the Staff\" means a person appointed in accordance with \"The High Court of Gujarat Officers and the Members of Staff (Recruitment and Conditions of Service) Rules, 2011\" or any other similar rules for the time being in force.\n(g) \"Member of Family\" in relation to the employee appointed on the establishment of the Court includes -\n(i) the wife or husband, as the case may be, of the employee of the Court, whether residing with her/him or not, but does not include a wife or husband, as the case may be, separated from her/him by a decree or order of a competent Court, or in accordance with the personal law applicable to the employee of the Court.\n(ii) son or daughter or step-son or step daughter of the employee of the Court and wholly dependent on him/her, but does not include a child or step-child, who is no longer in any way dependent on the employee of the Court or of whose custody, the employee of the Court has been deprived of by or under any law.\n(iii) any other person related, whether by blood or marriage to the employee of the Court or to his wife or her husband, and wholly dependent on the employee of the Court.\n(iv) \"words and expression\" used but not defined in these Rules shall have the meaning assigned to them in the Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 or the Gujarat Civil Services Rules, 2002.\n(h) \"State Government\" means the Government of Gujarat.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Control.",
            "chapter": null,
            "content": "Part-II\nConduct",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. General.",
            "chapter": null,
            "content": "(i) maintain absolute integrity.\n(ii) maintain devotion to the duty.\n(iii) do nothing which is unbecoming of a Court employee.\n(i) in the performance of his official duties, act in a discourteous manner.\n(ii) in his official dealings with the public or otherwise adopt dilatory tactics or willfully cause delay in disposal of the work assigned to him/her.\n(i) No Court employee shall indulge in any act of sexual harassment of any women at work place.\n(ii) The Registrar General, who is the Head of the Department shall take appropriate steps to prevent sexual harassment to any women at work place.\n(a) Physical contact and advances;\n(b) demand or request for sexual favours;\n(c) sexually coloured remarks;\n(d) showing any pornography; or\n(e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Absence from duty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Taking part in politics and elections.",
            "chapter": "part in",
            "content": "(i) A Court employee qualified to vote at such election may exercise his/her right to vote, but where he/she does so, he/she shall give no indication of manner in which he/she proposes to vote or has voted;\n(ii) A Court employee shall not be deemed to have contravened the provisions of this Rule by reason only that he/she assists in the conduct of an election in the due performance of a duty imposed on him/her by or under any law for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Connection with press, media or radio.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Evidence before committee.",
            "chapter": null,
            "content": "(i) evidence given before a Committee which has power to control the attendance of witnesses or the production of document; or\n(ii) evidence given before an authority holding any judicial or departmental inquiry.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Unauthorized communication.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Collecting subscription for public cause.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Gifts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Public Demonstration in honour of Court employees.",
            "chapter": null,
            "content": "(i) a farewell entertainment of a substantially private and informal character held in honour of a Court employee on the occasion of his/her retirement or transfer; or\n(ii) the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Private trade or employment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Investment, lending or borrowing.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Insolvency and habitual indebtedness.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Moveable, immovable and valuable property.",
            "chapter": null,
            "content": "(i) The Chief Justice in case of the Registrar General and other Court employees holding Class-I post.\n(ii) Registrar General in case of every other Court employee.\n(i) Giving full details regarding immoveable property inherited, owned, acquired or held by him/her on lease or mortgage either his/her name or in the name of his/her family or in the name of any other person.\n(ii) Class-I Officer of the Court and every Court employee belonging to such other category of employees as may be specified by the Chief Justice by general or specific order shall furnish the information as specified in Sub-Rule 2 giving full details on 1st of April every year covering the period ending with 31st March of that year.\n(iii) Every non-gazetted Court employee shall furnish the information referred to in clause (i) above, at the end of every year during which he/she attains the age which is of integral multiple of 5 years i.e. 25 years, 30 years etc. upto 60 years.\nNote. - (1) The provision of Sub Rule 1 shall not ordinarily be applied to Class IV employees. The Chief Justice may direct that they shall apply to any such Court employees; or Class of such Court employees. (2) Every Court employee, who is in service on the date of commencement of these Rules shall submit a Return under this Sub-Rule on or before such date as may be specified by the Chief Justice after such commencement. (3) The Chief Justice may, at any time by general or specific order require a Court employee to submit a Return of the property specified in the order and a full and complete statement of such moveable and immovable property held or acquired by him/her or by any member of his/her family or his dependent, as may be specified in the order. Such statement shall, if so required, include the detailed means by which or the source from which such property was acquired.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Dowry.",
            "chapter": null,
            "content": "(1) give or take or abet the giving or taking of dowry; or\n(2) demand, directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Vindication of acts and character of Court employee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Canvassing of non-official or other outside influence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Relations with advocate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Seeking redress from Court in respect of service matters.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Demonstration and strikes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Joining of association by Court employee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Arrest on a Criminal charge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Court property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Plural Marriage.",
            "chapter": null,
            "content": "(i) such marriage is permissible under the personal law applicable to such Court employee and the other party to the marriage, and\n(ii) there are other grounds for doing so.\nPart-III\nPenalties, Competent Authority and Procedure for Imposing Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Punishment / Penalties.",
            "chapter": null,
            "content": "Minor Penalties :\nMinor Penalties :\n(i) censure;\n(ii) fine;\n(iii) withholding of increments or promotion;\n(iv) recovery from pay of any loss caused to the Court by negligence of duty or breach of orders.\nMajor Penalties\nMajor Penalties\n(v) withholding of increments or promotion with Cumulative effect.\n(vi) reduction to a lower post, rank, in a lower class or category or grade;\n(vii) pre-mature (compulsory) retirement;\n(viii) removal from service, which does amount not disqualification for future employment.\n(ix) dismissal from service, which shall ordinarily be disqualification for future employment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Competent Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Procedure for imposing minor penalties.",
            "chapter": null,
            "content": "(a) The Court employee is informed in writing of the proposal to take action against him/her and of the allegations on which it is proposed to be taken and give an opportunity to make any representation he/she may wish to make; and\n(b) such representation, if any, is taken into consideration by the Competent Authority.\n(i) a copy of the intimation to the Court employee of the proposal to take action against him/her;\n(ii) a copy of the statement of allegation communicated to him/her;\n(iii) his/her representation, if any;\n(iv) the orders on the case together with the reasons thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Procedure for imposing major penalties.",
            "chapter": null,
            "content": "(i) The charges framed against the Court employee and the statement of allegations furnished to him/her under sub-Rule (1);\n(ii) His/Her written statement of defence, if any;\n(iii) The documentary evidence considered in course of the inquiry;\n(iv) The orders, if any made by the Competent Authority and the Inquiring Authority in regard to the inquiry; and\n(v) A report setting out the findings on each charges and the reasons therefore.\nPart-IV\nSuspension",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Suspension.",
            "chapter": null,
            "content": "(a) where a disciplinary proceeding against him/her is contemplated or is pending, or;\n(b) where a case against him/her in respect of any criminal charge is under investigation or trial;\n(i) in case of a Court employee on deputation outside the Court, the Borrowing Authority shall be requested to place him/her under suspension pending the conclusion of the inquiry and the passing of the final order in the case; and\n(ii) in case of an employee on deputation to the Court, the Registrar General shall without delay inform the Lending Authority of the circumstance in which that Court employee has been placed under suspension.\nPart-V\nAppeals",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Appeal against the order imposing penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Period of limitation for appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Submission of appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Implementation of the order in appeal.",
            "chapter": null,
            "content": "Part-VI\nReview",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Chief Justice's power to review.",
            "chapter": null,
            "content": "(a) confirm, modify or set aside the order;\n(b) impose any penalty or set aside, reduce, confirm or enhance the penalty;\n(c) issue directions for further action or inquiry, or\n(d) pass such other order as deems fit;\n(i) an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity to show cause why such penalty should not be enhanced;\n(ii) none of the penalties specified in clauses (i) to (iv) of Rule 27 shall be changed to any of the penalties specified in clauses (v) to (ix) of the said Rule 27 unless the procedure laid down in Rule 30 has been followed;\n(i) the expiry of the period of limitation for an appeal, or\n(ii) the disposal of the appeal, when any such appeal has been preferred.\n37.\n(1) Where the services of a Court employee are borrowed by an outside authority, the Borrowing Authority shall have the powers of the Competent Authority under these Rules for the purpose of placing him/her under suspension and for the purpose of taking disciplinary proceedings against him/her;\n(2) In the light of the findings in the disciplinary proceedings taken against such Court employee: -\n(a) If the Borrowing Authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 27 should be imposed on such Court employee, it may with a concurrence of the Chief Justice pass such orders in the case as it deems necessary;\n(b) If the Borrowing Authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of Rule 27 should be imposed on such Court employee, it shall replace his services, at the disposal of the Chief Justice and transmit to the Court, the proceedings of the inquiry, and thereupon the Competent Authority may pass such orders on the case as it deems necessary after complying with the provisions of sub-Rule (9) of Rule 30.\n38.\n(1) When an order of suspension is made or a disciplinary proceeding is taken by the Court against a Court employee whose services have been lent to the Court by an outside authority, the Lending Authority shall forthwith be informed of the circumstances leading to the order of his/her suspension or the commencement of the disciplinary proceeding against him/her, as the case may be.\n(2) In the light of the findings in the disciplinary proceeding taken against such Court employee:-\n(a) If the Competent Authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 27 should be imposed on such Court employee, it may, after consultation with the Lending Authority, pass such orders in the case as it deems necessary;\n(b) if the Competent Authority is of the opinion that any of the penalties specified in clause (v) to (ix) of Rule 27 should be imposed on such Court employee, the services of such Court employee shall be replaced at the disposal of the Lending Authority and the record of such inquiry shall be transmitted to such authority for such action as it deems necessary.\nPart-VII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "39",
            "title": "39. Contravention of Laws and conviction by a Court of Law.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "40",
            "title": "40. Contravention of the Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "41",
            "title": "41. Interpretation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": true,
            "sort_order": 38
        },
        {
            "number": "42",
            "title": "42. Amendment of the Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "43",
            "title": "43. Repeal and savings.",
            "chapter": null,
            "content": "Model Forms\nModel Forms\nForm of order of suspension.\nForm of order of suspension.\nOrder\nOrder\nWhereas a disciplinary proceeding against Shri\n\t\t\t\t(name and designation of the Member of the establishment and\n\t\t\t\tmember of staff) is contemplated / pending.\nWhereas a case against Shri (name and\n\t\t\t\tdesignation of the Member of the establishment and member of\n\t\t\t\tstaff) in respect of criminal offence is under investigation /\n\t\t\t\tinquiry / trial.\nSignature\nName and Designation of the competent authority.\nMemo No......\nDated, the......",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "1",
            "title": "1. Copy to Shri........ (name and designation of the suspended officer/employee). Order regarding substance allowance admissible to him during the period of his suspension will issue separately.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "2",
            "title": "2. Copy to Shri....... (name and designation of the appointing authority) for information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "3",
            "title": "3. Copy to Shri..... (name and designation of the lending authority) for information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "4",
            "title": "4. The circumstances in which the order of suspension was made are as follows :-",
            "chapter": null,
            "content": "Note. - Paragraph 2 to 4 should not be inserted in the coy of the order of suspension sent to the officer to be suspended.\nNote.\nOrder placing an officer under suspension in case of imprisonment.\nOrder placing an officer under suspension in case of imprisonment.\nOrder\nOrder\nSignature\nName and Designation of the competent authority.\nSignature\nName of the Member of the establishment and Member of the staff.\nAddress\nForm for the grant of Subsistence Allowance\nForm for the grant of Subsistence Allowance\nSignature\nName and Designation of the competent authority.\nNo.....\nDated the.......\nSanction Order for Prosecution\nSanction Order for Prosecution\nOrder\nOrder\n*(it is certified that Shri.... Is not removable from his office save by or with the sanction of the Government).\nSignature\nName and Designation of the competent authority.\nForm of order relating to appointment of Inquiring Authority.\nForm of order relating to appointment of Inquiring Authority.\nBy order of the Honourable the Chief Justice\n(Signature)\nName and Designation of the competent authority.\nFor of order relating to appointment of new Inquiry Officer\nFor of order relating to appointment of new Inquiry Officer\n(In place of Inquiry Officer originally appointed)\nOrder\nOrder\nBy order of the Honourable the Chief Justice\n(Signature)\nName and Designation of the competent authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "1",
            "title": "1. Name and designation of the Member of the establishment and member of staff.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "2",
            "title": "2. Inquiring Authority.",
            "chapter": null,
            "content": "Form of order relating to appointment of Board of Inquiry\nForm of order relating to appointment of Board of Inquiry\nOrder\nOrder\n1 (Here enter name and designation of Member of the Board of Inquiry)\n2\n3\nBy order of the Honourable the Chief Justice\n(Signature)\nName and Designation of the competent authority.\nForm of the order appointing Presenting Officer\nForm of the order appointing Presenting Officer\nOrder\nOrder\nBy order of the Honourable the Chief Justice\n(Signature)\nName and Designation of the competent authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "1",
            "title": "1. The Presenting Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "2",
            "title": "2. The Accused Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "3",
            "title": "3. The Inquiry Officer.",
            "chapter": null,
            "content": "Name and Designation of the competent authority.\nForm of order for appointment of Inquiring Authority in Common Proceedings.\nForm of order for appointment of Inquiring Authority in Common Proceedings.\nOrder\nOrder",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "1",
            "title": "1. Shri.....",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "2",
            "title": "2. Shri.....",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "3",
            "title": "3. Shri.....",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "4",
            "title": "4. Shri.....",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "5",
            "title": "5. Shri....",
            "chapter": null,
            "content": "By order of the Honourable the Chief Justice\n(Signature)\nName and Designation of the competent authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "1",
            "title": "1. Presenting Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "2",
            "title": "2. Inquiring Authority with the relevant documents.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "3",
            "title": "3. The Accused Officer / Employee.",
            "chapter": null,
            "content": "Name and Designation of the competent authority.\nForm of order appointing Presenting Officer in Common Proceedings.\nForm of order appointing Presenting Officer in Common Proceedings.\nOrder\nOrder\nBy order of the Honourable the Chief Justice\n(Signature)\nName and Designation of the competent authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "1",
            "title": "1. Presenting Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "2",
            "title": "2. Inquiring Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "3",
            "title": "3. The Accused Officer / Employee.",
            "chapter": null,
            "content": "Name and Designation of the competent authority.\nForm for summoning public servant / private Individual as witness.\nForm for summoning public servant / private Individual as witness.\nYours faithfully,\n(Inquiring Authority)\nForm of certificate by Inquiry Officer for witness.\nForm of certificate by Inquiry Officer for witness.\n(Signature)\nName and Designation of the competent authority.\nForm of Certificate by Inquiry Officer to the Presenting Officer / Defence Assistant\nForm of Certificate by Inquiry Officer to the Presenting Officer / Defence Assistant\n(Signature)\nName and Designation of the competent authority.\nForm of memorandum of charge for minor penalties.\nForm of memorandum of charge for minor penalties.\nMemorandum\nMemorandum\nBy order of the Honourable the Chief Justice.\n(Signature)\nName and Designation of the competent authority.\nForm of charge-sheet for major penalties.\nForm of charge-sheet for major penalties.\nMemorandum\nMemorandum\nName and designation of Competent Authority.\nAnnexure -I\nAnnexure -I\nArticle I\nArticle II\nArticle III\nAnnexure - II\nAnnexure - II\nArticle - I\nArticle - II\nArticle - III\nAnnexure-III\nAnnexure-III\nAnnexure-IV\nAnnexure-IV\nForm of order for taking disciplinary action in Common Proceedings.\nForm of order for taking disciplinary action in Common Proceedings.\nOrder\nOrder",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "1",
            "title": "1. Shri....",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "2",
            "title": "2. Shri....",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "3",
            "title": "3. Shri...",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "4",
            "title": "4. Shri....",
            "chapter": null,
            "content": "5 Shri....\n(i) that disciplinary action against all the said Member of the establishment and member of staffs shall be taken in a common proceedings.\n(ii) that.... (name and designation of the authority) shall function as the Disciplinary Authority for the purpose of the common proceedings and shall be competent to impose the following penalties namely -\n(here specify the penalties)\n(iii) that the procedure prescribed in the Rules..... shall be followed in the said proceedings.\nBy order of the Honourable the Chief Justice.\n(Signature)\nName and Designation of the competent authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "1",
            "title": "1. Shri.... (Name and designation)",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "2",
            "title": "2. Shri... (Name and designation)",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "3",
            "title": "3. Shri... (Name and designation)",
            "chapter": null,
            "content": "Form of show-cause notice for imposing penalty to be issued on the Member of the establishment and member of staff on his conviction.\nName and Designation of the competent authority.\nForm for initiation of minor penalty proceedings (in case where disciplinary authority decides to hold the inquiry)\nForm for initiation of minor penalty proceedings (in case where disciplinary authority decides to hold the inquiry)\nMemorandum.\nMemorandum.\nBy order of the Honourable the Chief Justice.\n(Signature)\nName and designation of Competent Authority.\nAnnexure -I\nAnnexure -I\nArticle I\nArticle II\nArticle III\nAnnexure - II\nAnnexure - II\nArticle - I\nArticle - II\nArticle - III\nAnnexure-III\nAnnexure-III\nAnnexure-IV\nAnnexure-IV\nForm for Remitting the case for further inquiry.\nForm for Remitting the case for further inquiry.\nOrder\nOrder\nSignature....\nName and Designation of the competent authority.\nShri..... (name and designation of the inquiry officer).\nShri.... (name and designation of the inquiry officer).\nForm for imposing penalty consequent upon conviction on a criminal charge.\nForm for imposing penalty consequent upon conviction on a criminal charge.\nOrder\nOrder\nSignature................\nName and Designation of the competent authority.\nForm of Order to hold further inquiry where conviction has been set aside on technical grounds.\nForm of Order to hold further inquiry where conviction has been set aside on technical grounds.\n(i) sets aside the said Order dated.... imposing the penalty of.... on Shri... ; and\n(ii) directs that a further inquiry in terms of Rule... of the ... Rules be held against Shri.... on the allegations on which the penalty of.... was originally imposed on Shri.... Shri... shall be under deemed suspension in terms of Rule......\nSignature.\nName and Designation of the competent authority.\nSanction under Rule.... of the Pension Rules.\nSanction under Rule.... of the Pension Rules.\nOrder\nOrder\nBy order of the Honourable the Chief Justice\n(Signature)\nName and Designation of the competent authority.\nCharge sheet for proceedings under Rule... of Pension Rules.\nCharge sheet for proceedings under Rule... of Pension Rules.\nMemorandum\nMemorandum",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "2",
            "title": "2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of the imputations of misconduct or misbehaviour in support of each, article of charge is enclosed (Annexure - II). A list of documents by which, and a list of witnesses by whome, the articles of charge are proposed to be sustained are also enclosed (Annexures III and IV).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "3",
            "title": "3. Shri... is directed to submit within .... days of the receipt of this Memorandum a written statement of defence and also to state whether he / she desires to be heard in person.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "4",
            "title": "4. He / She is informed that an inquiry shall be held only in respect of those article of charge as are not admitted. He / She should, therefore, specifically admit or denyeach article of charge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "5",
            "title": "5. Attention of Shri... is invited to Rule.... Of the ... Rules, under which no Member of the establishment and member of staff shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his /her interest in respect of matters pertaining to his / her service under the Court. If any representation is received on his / her behalf from another person in respect of any matter dealt with in these proceedings it will be presumed that Shri... is aw",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "6",
            "title": "6. The receipt of the Memorandum maybe acknowledged.",
            "chapter": null,
            "content": "By order of the Honourable the Chief Justice.\n(Signature)\nName and Designation of the competent authority.\nAnnexure - I\nAnnexure - I\nArticle - I\nArticle - II\nAnnexure - II\nAnnexure - II\nAnnexure - III\nAnnexure - III\nAnnexure - IV\nAnnexure - IV\nForm of order revoking suspension order\nForm of order revoking suspension order\nOrder\nOrder\nSignature\nName and Designation of the competent authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "1",
            "title": "1. Copy to Shri... (name and designation of the suspended officer/employee)",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "2",
            "title": "2. Copy to Shri... (name and designation of the appointing authority)",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "3",
            "title": "3. Copy to Shri... (name and designation of the lending authority making the order of suspension).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "4",
            "title": "4. Copy to Shri... (name and designation of the authority making the order of suspension)",
            "chapter": null,
            "content": "Note 1. - Endorsement as in para 2 should be made where the order of revocation of suspension is made by an authority lower than the Appointing Authority.\nNote 1.\nNote 2. - Endorsement as in para 3 should be made where the order of revocation of suspension is made by against a \"Borrowed Officer\".\nNote 2.\nNote 3. - Endorsement as in para 4 should be made where the order of revocation of suspension is made by an authority other than the authority which made or is deemed to have made, the order of suspension.\nNote 3.\nNote 4. - Para 5 should be inserted only if an endorsement as in paras 2, 3 or 4 is made.\nNote 4.\nNote 5. - Paras 2 to 5 should not be inserted in the copy sent to the suspended officer.\nNote 5.\nForm of order of setting aside order of punishment on appeal being decided in favour of the Government servant\nForm of order of setting aside order of punishment on appeal being decided in favour of the Government servant\nOrder\nOrder\nDate:\nName and Designation of the competent authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 6th November, 2019 [guj297]",
        "Act Number": "Published vide Notification No.1/HC/C-1339/2011, dated 01.09.2011",
        "Enactment Date": "",
        "Act Year": "2011",
        "Short Title": "High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}