IN ALL CASES IN WHICH AN ADVICE OF THE COMMISSION HAS NOT BEEN ACCEPTED THE MATTER HAS TO BE BROUGHT BEFORE THE COUNCIL OF MINISTERS AS REQUIRED UNDER THE PROVISON OF THE GOVERNMENT OF HIMACHAL PRADESH RULES OF BUSINESS, FOR THEIR ORDERS.(DISCIPLINARY MATTERS) :--

Consultation with the Commission, imply that the rules ultimately to be notified by the government must have been brought to the notice of the Public service commission,Even in cases in which the department concerned decides to differ from the advice of the Public service commission. It is desirable that the department makes another attempt at narrowing down the area of difference between the Commission and itself by making another reference to the Commission.It may also be stated in all cases in which it is proposed not to accept the advice or recommendations of the Commission, the matter has to be brought before the Council of Ministers , as required under the provisions of the Government of Himachal Pradesh Rules of Business,for their orders .(1) Type of disciplinary case :-- An order by the Governor imposing any of the penalties at Serial number 1and 2 above in exercise of his powers of review and in modification of an order under which none of the said penalties has been imposed (2) Before issue of orders in all cases.In case covered under first proviso to Rule 29(1) Commission shall be consulted after an enquiry has been conducted,if necessary and Government servant has been given an opportunity of making a represention against the proposed penalty.(3) Papers to be sent to the Commission:-- Record of enquiry,show cause notice as required under first proviso to Rule 29 (2) of CCA 1965 , and represention of the Government servant in reply thereto.(4) Other documents/papers that can be sent along with:-- A note containing Government comments or any factual procedural points raised by the Government servant in reply to show cause notice without expressing any views regarding the findings or the penalty to be imposed. A separate note or the forwarding letter indicating the considerations on account of which a modification or the order already passed is called for (In case of an order by the Governor overruling or modifying after consideration or any petition or memorial or otherwise an order imposing any of the penalties mentioned at Serial number 1and 2 above made by the Government or by a subordinate authority the matter has to be brought before the Council of Ministers,as required inder the provisional of the Government of Himachal Pradesh, Rules of Business,for their orders . DISCIPLINARY MATTERS :-- It is necessary to consult the Commission in disciplinary cases in regard to the following matters .(a) an original order by the Governor imposing any of the following penalties (1) withholding of increments with cumulative effect (2) reduction to a lower service ,grade or post or to a time scale or to a lower stage in a time scale (3) compulsory retirement (4) removal from service and (5) dismissal from service (b) an order by the Governor on an Appeal against an order imposing any of the penalties mentioned at (a) above.(c) an order by the Governor imposing any of the penalties mentioned at (a) above,in exercise of his power of review and in modification of an order under which none of the said penalties has been imposed, and (d) an order by the Governor over-ruling or modifying after consideration of any petition or memorial or otherwise ,an order imposing any of the penalties mentioned at (a) above made by the Governor or by a subordinate authority.NOTE :-- The word 'Governor'implies State Government.