Award of penalties after conclusion of Disciplinary proceedings: conducted under U.P. Government Servant (Discipline and Appeal) Rules 1999

A disciplinary proceeding can be initiated against the Government Servant as defined in Rule 2(h) of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (herein after called rules of 1999) for enquiry, misconduct or remissness or negligence and failure in discharge of his duties. The rule governing these departmental proceeding is called U.P. Government Servant (Discipline and Appeal) Rules, 1999 and after holding an enquiry for awarding minor and major penalties in accordance with the procedure prescribed under Rule 10 & rule 7 respectively, the following penalties may for good and sufficient reasons be imposed upon the government servants under rule 3.

(a) Minor Penalties:

1) Censure;

2) Withholding of increments for a specified period;

3) Stoppage at an efficiency bar,

4) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach or orders:

5) Fine in case of persons holding Group "D" posts.

(b) Major Penalties:

1) Withholding of increments with cumulative effect;

2) Reduction to a lower post or grade or time scale or to a lower stage in a time scale;

3) Removal from the service which does not disqualify from future employment;

4) Dismissal from the service which disqualifies from future employment

The explanation of rule provides as to what shall not amount to penalty within the meanings of rules 3. The explanation is reproduced as under.

Explanation: The following shall not amount to penalty within the meaning of this rule, namely:-

(i) Withholding of increment of a Government servant for failure to pass a departmental examination or for failure to fulfill any other condition in accordance with the rules or orders governing the service:

(ii) Stoppage at the efficiency bar in the time scale of pay on account of ones not being found fit to across the efficient bar;

(iii) Reversion of a person appointed on probation to the service during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probation.

(iv)Termination of the service of a person appointed on probation during or at the end of the period of probation in accordance with the terms of the service or the rules and orders governing such probation.

Likewise a disciplinary proceeding can be initiated against a subordinate Police officer governed by the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and after conclusion of the departmental enquiry the following penalties may for good and sufficient reasons may be imposed upon such police officials under rule 4 of the said rules of 1991.

(a) Major Penalties:

1. Dismissal from service.

2.Removal from service.

3. Reduction in rank including reduction to a lower scale or to a lower stage in a time scale.

(b) Minor penalties:

1. withholding of promotion.

2. Fine not exceeding one month's pay.

3. Withholding of increment, including stoppage at an efficiency bar.

4. Censure.

(2) In addition to the punishments mentioned in sub-rule(1) Head Constables and Constables may also be inflicted with the following punishments-

(i) Confinement to quarters (this term includes confinement to Quarter Guard for a term not exceeding fifteen days extra guard or other duty).

(ii) Punishment Drill not exceeding fifteen days.

(iii) Extra guard duty not exceeding seven days.

(iv) Deprivation of good conduct pay.

(3) In addition to the punishments mentioned in sub-rules (1) and (2) Constables may also be punished with Fatigue duty, which shall be restricted to the following tasks;

(i) Tent pitching;

(ii) Drain digging;

(iii) Cutting grass, cleaning jungle and picking stones from parade grounds;

(iv) Repairing huts and butts and similar work in the lines;

(v) Cleaning Arms.