DISCIPLINARY MATTERS AND PROVISON MADE BY THE GOVERNMENT FOR REVIEW OF CASES (THE WORD GOVERNOR IMPLIES STATE GOVERNMENT)

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,(11) reduction to a lower service,grade or post or to a time scale or to a lower stage in a time -scale , (111) compulsory retirement,(iv) removal from service, and (v) dismissal from service,(b) an order of 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 powers 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. GENERAL:-- The word "consultation with the commission"implies that the rules ultimately to be notified by the Government must have been brought to the notice of the Public Service Commission.Even in case in which the Department concerned decide 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 .