PENALTIES MENTIONED IN EXERCISE OF HIS POWER OF REVIEW AND IN MODIFICATION OF AN ORDER UNDER WHICH NONE OF THE SAID PENALTIES AMOUNT TO A PENALTY WITH IN THE MEANINGS OF RULE 11 OF THE CCS.CC&A , RULES,1965.
As per the constitutional provisions made ,it is also mentioned that generally the following actions are not considered penal in character , namely:-- (a) Withholding of increments of pay of a Government servant for his failure to pass 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;(b) Stoppage of a Government servant,at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;(c) Non -promotion of a Government servant,whether in substantive or officiating capacity,after consideration of his case ,to a service ,grade or post for promotion to which he is eligible;(d) Reversion of a Government servant officiating in a higher service , grade or post to a lower service,grade or post on the ground that he is considered to be unsuitable for such higher service ,grade or post or on any administrative ground unconnected with his conduct;(e) Reversion of a Government servant,appointed on probation to any other service ,grade or post to his permanent service,grade or post , during or at the end of the period of probation in accordance with the terms of his appointment of the rules and orders governing such probation ; (f) Replacement of the services of a Government servant,whose service had been borrowed at the disposal of the authority or department from which the services of such Government servant had been borrowed;(g) Compulsory retirement of a Government servant,in accordance with the provisions relating to his superannuation or retirement;(h) Termination of the services:-- (1) of a Government servant appointed on probation, during or at the end of the period of his probation ,in accordance with the terms of his appointment or the rules and orders governing such probation;or (11) Of a temporary Government servant in accordance with the provision of sub rule (1) of rule 5of the central civil services (Temporary Service) Rules,1965;or(111) Of a Government servant,employed under an agreement,in accordance with the terms of such agreement.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment