KNOWLEDGE SPECTRUM - DISCIPLINE -3

11. If false information is given at the time of employment and later came to know what action shall be taken against him?

 

·        If a GS has secured employment by producing false information, that is, when he is not eligible in terms of the recruitment rules, he should not be retained in service.

·        If he is a probationer or a temporary GS, his service should be terminated.

·        If he is permanent, an inquiry under Rule-14 may be held, and if the charges are proved, the GS should be removed or dismissed from service.

(DOPT OM No. 11-12/7/91-Estt(A) dated 19.5.1993)

 

12. If an official while officiating in higher post is proceeded under disciplinary rules, shall he continue the officiating post further?

 

·        When disciplinary proceeding is initiated against a GS officiating in a higher post on ad hoc basis, he may be reverted to his regular post if his appointment was against a short-term vacancy or a leave vacancy, or if he has held the appointment for a period less than one year.

·        If he has held the appointment for more than one year, he need not be reverted.

(DOPT OM No. 11012/9/86-Estt (A) dated 24.12.1986)

 

13.   Whether transfer/ promotion can be accorded during the penalty period?

·        During the currency of penalty of withholding of increment or reduction to lower stage/scale, an employee should not be transferred to a post/place that may result in an increase in his basic pay.

·        Promotion cannot be accorded during the currency of punishment period.

Rule 135 of P&T Manual Volume III)

 

14.    If a temporary Govt servant is availing leave in excess of the limit, what shall be the procedure?

·        When a temporary GS asks for leave in excess of the limits prescribed under exceptional circumstances, leave may be granted by the sanctioning authority in consultation with the Ministry of Finance.

·        The case should be referred to the Directorate.

·        If there are no exceptional circumstances, and the leave is not granted, the GS should rejoin duty forthwith.

·        If he does not rejoin duty, disciplinary action may be taken against him.

 

15.    How the unauthorised absence can be regulated?

·        If a GS absents himself abruptly or remains absent even after his request for leave is refused, the period of absence would be treated as unauthorized absence under FR 17.

·        That is, the period of absence will result in a break in his service.

·        Disciplinary action will also be initiated against the G.S.

·        On conclusion of the disciplinary proceedings, the GS may represent to the competent authority to condone the break.

·        If the competent authority is satisfied, the period can be treated as dies non.