KNOWLEDGE SPECTRUM - DISCIPLINE -3 Action for false information, officiating in higher post. Promotion during the penalty period, Regularisation of unauthorised absence

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.