27. KNOWLEDGE SPECTRUM - DISCIPLINE -
31. Rule-19 (i) can be made applicable in all cases of conviction, i.e. conviction under IPC, IPO Act, State Laws like Prohibition Gambling, etc. The quantum of punishment will be decided by the competent authority on the ground of conduct, which led to the conviction of the official, and not the conviction itself.
32. If a GS has been convicted on the ground of moral turpitude (depravity, wickedness), there is justification for imposition of one of the three extreme penalties, namely, Dismissal, Removal or Compulsory retirement. In all other cases, the DA should go through the judgement in its entirety and impose a penalty commensurate with the gravity of the offence. The penalty should not be out of proportion to the offence committed.
33. An order issued under Rule-19 (i) can be appealed against. The GS can seek judicial review also.
34. Action under Rule-19 (ii) can be taken by the DA without issue of memo of charges. During the course of an inquiry also, if the DA comes to the conclusion that it is not reasonably practicable to hold an inquiry, he can take action under Rule-19(ii).
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