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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 168] NEW DELHI, THURSDAY, APRIL 1, 1976/CHAITRA 12, 1898

Separate paging is given to this Part in order that it may be filed

as a separate compilation

DEPARTMENT OF SPACE

NOTIFICATION

Bangalore, the 1st April 1976 DEPARTMENT OF SPACE EMPLOYEES' (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1976

S.O. 270 (E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules, namely:—

PART I—GENERAL

1. Short title and commencement.— (1) These rules may be called the Depart- ment of Space Employees' (Classification, Control and Appeal) Rules, 1976.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) 'appointing authority', in relation to an employee, means the authority empowered to make appointments to the Civil post which the employee for the time being holds;

(b) 'Civil Post' means a civil post in the Department of Space; (c) 'Commission' means the Union Public Service Commission; (d) 'Department of Space' means any establishment or organisation declared by the President by a notification in the Official Gazette to be the Department of Space of the Government of India;

(755)

(e) 'disciplinary authority' means the authority competent under these rules to Impose on an employee any of the penalties specified in rule 8;

(f) 'employee' means a person holding a civil post in the Department of Space;

(g) 'head of the department', for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority means the authority declared to be the head of the department under the Funda- mental and Supplementary Rules or the Civil Service Regulations or any corresponding rules made by the President for the purposes of the Department of Space, as the case may be,

(i) 'Schedule' means a schedule appended to these rules, (j) 'Secretary' means the Secretary to the Government of India in the De- partment of Space and includes—

(a) a Special Secretary or an Additional Secretary; and (b) a Joint Secretary placed in Independent charge of the Department of Space.

3. Application.—(1) These rules shall apply to every employee, but shall not apply to—

(a) any person whose services have been borrowed by the Department of Space from any other Department or the Central Government or from a State Government;

(b) any member of the All-India or Central Civil Services or Railway Ser- vice,

(c) any monthly-rated staff paid from contingencies other than those brought on to regular establishment;

(d) any monthly-rated work-charged and other persons not on regular establishment,

(e) any daily-rated staff paid from contingencies; (f) any daily-rated workmen paid by the day, week or month; (g) any person for whom any special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisiono.

(2) Notwithstanding anything contained in sub-rule (1), the President may by order exclude any class of employees from the operation of all or any of these rules.

(3) If any doubt arises—

(a) whether these rules or any of them apply to any person,

or

(b) whether any person to whom these rules apply holdg any civil post, the matter shall be referred to the President, who shall decide the same.

PART II—CLASSIFICATION OF POSTS

4 Claswiflcatlan of Civil Posts.—Civil Posts In the Department of Space other than those held by persons to whom these rules do not apply, shall by a general or special order of the President, be classified as follows;

(a) Civil Posts — Group A

(b) Civil Posts — Group B

(c) Civil Posts — Group C

(d) Civil Posts — Grouu D

PART III—APPOINTING AUTHORITY

5. Appointments to Civil Posts—Group A—AH appointments to Civil Posts;

Group A; shall be made by the President:

Provided that the Ptesident may, by a general or a special order and sub- ject to such conditions as he may specify in such order, delegate to any other authority the power to make such appointments.

6. Appointment to other Civil Posts.—AH appointments to Civil Posts other than the Civil Posts, Group A, shall be made by the authorities specified in that behali by a general or special older of the President or where no such order has been made, by the authorities specified ir this behalf in the Schedule.

PART IV—SUSPENSION

7. Suspension.—(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place an employee under fuspension,—

(a) where a disciplinary proceeding against him is contemplated or is

ponding; or

(b) where, in the opinion of the authority competent to place an employee under suspension, he has engaged himself in activities prejudicial to the interest of the- security of the State; or

(c) where a case against him In respect of any criminal offence is under investigation, inquiry or trial, or he is under preventive detention or has been arrested for debt.

(2) An employee shall be deemed to have been placed under suspension by an order of appointing authority,—

{a) with effect from the date of his detention, If he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;

(b) with effect from the date of his conviction, if, in the event of a con- viction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction'.

Explanation,—The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, If any, shall be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension Is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued In force on and from the date of the original order of dismissal, re- moval or compulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee Is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from trie date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

(5) (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked bv thff authority competent to do so.

(b) Where an employee is suspended or ii deemed to have been suspended 1, the authority competent to place him under suspension rnayv lor reasons to be recorded by him in writing, direct that the employee ahaB

continue to be under suspension until the termination of all or any of such pr

(c) An order of suspension made or deemed to have been made under thia rule may at any time be modified or revoked by the authority which made or is deemed to have made the order by any authority to which that authority Is subordinate.

Note; It shall be the duty of an employee who may be arrested for any rea- son to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. Failure on the part of any employee so to inform his official superiors shall be regarded as suppression of material information and shall render him liable to disciplinary action on this ground alone, apart from any action that may be called for on the outcome of the police case against him.

PART V-PENALTIES AND DISCIPLINARY AUTHORITIES

a* LffiSff-^tf^^JSfS Tn^lofe? ™£™"* ~ ^ Minor Penalties:

(i) censure;

(ii) withholding promotion;

(iv) withholding of increments of pay:

Major Penalties;

"" (v) reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not thl employee ^ \ T ? y ,i M r e m^ts O f,p av d u r i n* t he Pe r i°d of such reduction ? h " n ^ E" ⁰^t hVX p i7 o f/u ch c e r i°d the reduction shall or shall not have the effect of postponing future increments of his pay; (vi) reduction to a lower time scale of pay, firade or post which shall ordi- narily be a bar to the promotion of the pmployee to the time scale of pay, grade or post from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post from which the employee was reduced and regarding his seniority and pay on such restoration to that grade or post.

(vii) compulsory retirement;

(viii) removal from service which shall not be a disqualification for future employment under the Government;

(Ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

Explanation.—The following shall not amount to a penalty within the mean- Ing of this rule, namely:—

(j) withholding of increments of an employee for his failure to pass any- test or departmental examination in accordance with the rules or orders governing the civil post which he holds or the terms of his appointment;

(ii) stoppage of an employee at the efficiency bar in the time scale of pay on the ground of his unfttnese to cross the bar;

(iii) non-promotion of an employee, whether in a substantive or officiating capacity, after consideration of his case, to a grade or post for pro- motion to which he is eligible;

(iv) reversion of an employee officiating in a highei- grade or post to a lower grade or post on the ground that he is considered to be un- suitable for such higher grade or post or on¹ any administrative ground connected with his conduct;

(v) reversion of an employee appointed on probation to anv other grade or post, to his permanent grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;

(vi) compulsory retirement of an employee in accordance with the provi- sions relating to his super-annuation or retirement;

(vii) termination of the services—

(a) of an employee 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 (b) of a temporary employee in accordance with the provisions of sub-rule (1) of rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 or any corresponding rules made bv the Pre- sident for such employees: or

(c) of an employee employed under the agreement, in accordance with

the terms of such agreement.

9. Disciplinary Authorities.—(1) The President may impose any of the penal- ties specified in rule 8 on any employee.

(2) Without prejudice tp the provision of sub-rule (1), any of the penalties specified in rule 8 mav be imposed on any employee by the appointing authority or the authority specified in the Schedule in this behalf or by any other autho- rity empowered in this behalf by a general or special order of the President.

(3) Notwithstanding anything contained in this rule, no penalty specified in clauses (v) to (ix) of rule 8 shall be imposed by any authority subordinate to the appointing authority.

Explanation.—Where an employee holding a Civil Post of any Group, is pro- moted, whether on probation or temporarily to the Civil Post of the next higher Group, he shall be deemed for the purposes of this rule to hold tho Civil Post of such higher Group.

10. Authority to Institute proceedings.—(1) The President or any other autho- rity empowered by him lay general or special order may—

(a) institute disciplinary proceedings against any employee; (b) direct a disciplinary authority to institute disciplinary proceedings against any employee on whom that disciplinary authority is com- petent to impose under these rules any of the penalties specified in rule 8.

(2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of rule 8 may institute disciplinary proceedings against any employee for the imposition of any of the penalties spe- cified in clauses (v) to (ix) of that rule notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.

PART VI—PROCEDURE FOR IMPOSING PENALTIES

11. Procedure for Imposing major penalties.—(1) No order imposing any of the penalties specified in clauses (v) to (ix) of rule 8 shall be made except after an inquiry held, as far as may be, in the manner provided in this rule and rule 12 or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850), -where such inquiry is held under that Act.

(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring Into the truth of any imputation of misconduct or mis- behaviour against an employee it may Itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, (37 of 1850) as the case may be, an authority to inquire into the truth thereof.

Explanation.—Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority she¹! be construed as a reference to the disciplinary authority.

(3) Where it is posted ^o hold an inquiry against an employee under this rule and rule 12, the disciplinary authority shall draw up or cause to be draw up—

(i) the substance of the imputations of misconduct or misbehaviour into

a definite and distinct articles of charge:

(ii) a statement of the imputations of misconduct or misbehaviour in'

support of each article of charge, which shall contain—

(b) ^ S c i i ^ c Si a ^ ^ W b ^ S e S j r⁶⁸ by whom'the

produce the evidence by which he proposes to prove the articles of charts nnH ^ r d ^ ^t fh* ™SeS° a l a t ⁸r d a te n ⁰t e ^ ^ d i n / t h V d^ aftefre^oVinK an order that the employee may, for the purpose of preparing his defence—

(i) inspect within five days of the order or within such further time not exceeding flye days as the inquiring authority may allow, the docu- ments specified in the list referred to in sub-rule (3);

(Ii) submit a list of witnesses to be examined on his behalf;

NOTE —If the employee applies orally or in writing for the supply of copie3 of the statements ot witnesses mentioned in the list referred to in sub-rule (3) the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of exami- nation 01 the witnesses on behalf of the disciplinary authority.

(lil) give a notice within ten clays ol the order 01- within such further time not exceeding ten days as the inquiring authority may allow, for the discovery or reduction of any documents which are in the possession of the Government but not mentioned in the list referred to in tub-rule (3).

NOTE.—The employee shall indicate the relevance of the documents required by him to be discovered or produced by the Government.

(12) The inquiring authority shall on receipt of the notice for the discovery or production of documents forward the same or copies thereof to the authority in whose custody or possession the documents arp kept, with a requisition lor the production of the documents by such date as may be specified in such requi- sition :

Provided that the inquiring authority may, for reasons to be recorded by it in writing refuse to requisition such of the documents as are, in its opinion not relevant to the case.

(13) On receipt of the requisition referred to in sub-rule (12), every autho- rity having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:

Provided that if the authority having the custody or possession of the requisi- tioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so Informed, communicate the informa- tion to the employee and withdraw tho requisition mnde by It for the production or discovery of such documents.

(14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be provided by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Piesentine Officer and mav be cross-examined by or on behalf of the employee, The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority and may also put such question to tho witnesses as it thinks fit.

NOTE.—If re-examination by the Presenting Officer is allowed on any new matter not already covered bv the earlier ex^mination/rross examination a cross examination on such now matters covered by the re-examination may also be allowed to meet the ends of natural justice.

(15) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in tho list given to the employee or ™av itself call for new evidence or recall and re-examine any wit- ness and in such case the employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to b0 produced and an adjourn- ment of the inquiry for three clear days before the production of such new evidence exclusive of the day of adiourmment and the day to which the inquiry Is adjourned. The inquiring authority shall Rive the employee an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the employee to produce new evidence, if it is of thp opinion that the production of such evidence Is necessary in the interests of justice,

Mr

NOTE.—New evidence shall not be permitted or called for nor any witness recalled to fill up any gap In the evidence. Such evidence may be called for only when there Is an inherent lacuna or defect in the evidence which has been produced originally.

(16) When the case for the disciplinary authority is closed, the employe* snail be required to state his defence, orally or In writing, as he may prefer. II the defence is made orally it shall be recorded and the employee shall be re- quired to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.

(17) The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf If he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross- examination, re-examination and examination by the inquiring authority ac- cording to the provisions applicable to the witnesses for the disciplinary autho- rity.

(18) The inquiring authority may, after the employee closes his case, and shall, if the employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of ..enabling the employee to explain any circumstances appearing in the evidence against him.

(19) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any appointed, and the employee, or permit them to file written briefs of their respective cases, if thev so desire.

(20) If the employee to whom a copy of the articles of charge has been deli- vered does not submit the written statement of defence on or before the date Bpeclfled for the purpose or does not appear in person before the Inquiring authority or otherwise fail3 or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.

(21) (a) Where a disciplinary authority competent to impose any of the penal- ties specified in clauses (1) to (iv) of rule 8 (but not competent to impose any of the penalties specified in clauses (v) to (ix) of rule (8), has itself inquired Into or caused to be inquired into the articles of any charge,and that authority havlne regard to its own findings or having regard to his decision on any of the findings of anv Inquiring authority appointed by it, is of the opinion that the penaltlls specified in clauses (v) to (ix) of rule 8 should be imposed on the employee, that authority shall forward the records of the inquiry to such d,sci- Dlinarv authority as is competent to Impose the last mentioned penalties. P (b) The d" ciplinary authority t0 which the records are M tewa"W "v act on the evidence on the record or may, if it Is of the opinion that further exammation of any of the witnesses iB necessary in the interest, of justice, re- call the witness and examine cross-examine and re-examine the witness and may Tmpole on the employee- such penalty as It may deem fit in accordance with these rules.

(221 Whenever any inquiring authority, after having heard and recorded the

cessor and partly recorded bv itself;

(23) (i) After the conclusion of the inquiry, a report shall be prepared and

It E h a l;a; ° ^i n

a7t i d es of c h a r ee a nd t he E t a t e m e nt of the imputations of mis- conduct or misbehaviour:

(h) the defence of the employee 5n respect of each article of charge. • c n a s s e l nL of the evidence in respect of each article of charge: S' the findings on each article of charge and the reasons therefor.

Explanation.—If in the opinon of the inquiring authority, the proceedings of the Inquiry establish any article of charge different from the original article* of the charge, it may record its findings on such article of charge:

Provided that the findings on such article of charge shall not be record ed unless the employee has either admitted the facts on which such article of charge te based or has had a reasonable opportunity of defending himself against si ch article of charge.

(ii) The Inquiring authority, where It is not itself the disciplinary author ty, shall forward to the disciplinary authority, the records of inquiry which shall include:—

(a) the report prepared by it under clause (i); (b) the written statement of defence, if any, submitted by the employee; (c) the oral and documentary evidence produced In the course of 1 he

inquiry;

(d) written briefs, If any, filed by the Presenting Officer or the emploree

or both during the course of the Inquiry; and

(e) the orders, if any, made by the disciplinary authority and the inqii ir-

ing authority in regard to the inquiry.

12 Action on the inquiry report.— (1) The disciplinary authority, if it is not -itself the inquiring authority, may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report; the inquiring authority shall thereupon proceed to hold the further inquiry accord- ing to the provisions of rule 1*1 as far as may be.

(2) The disciplinary authority shall, if it disagrees with the findings of ;he inquiring authority on any article of charge, record Its reasons for such disagroe- ment and record its own findings on such charge, if the evidence on record is •sufficient for the purpose.

(3) If the disciplinary authority having regard to its findings on all or any of the articles of charge Is of the opinion that any of the penalties specified in •clauses (i) to (iv) of rule 8 should be imposed On the employee, it shall, not- withstanding anything contained in rule 13, make an order Imposing si ch penalty:

Provided that in every case where it is necessary to consult the Commissim the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken mto consideration before making any order imposing any penalty on the employee.

(A) (i) If the disciplinary authority having regard to its findings on all or any "nf the articles of charge is of the opinion that any of the penalties specified in " L J "s

(a) furnish to the employee a copy of the report of the inquiry held bj it Pon each article of charge or where the inquiry g* () and its finde

ings

if any with the findings of the inquiring authority;

held under rule 11;

m) (a) In every case in which It is necessary to consult the Commission, ihe

It may deem fit.

(iii) Where it Is not necessary to consult the Commission, the disciplinary authority shall consider the representation, if any, made by the employee in pur- suance of the notice given to iiu~a wilder clause (i) and determine what penalty, if any, should be imposed on him and make such order as it may deem fit,

13. Procedure for Imposing minor penalties,— (1) Subject to the provisions of. sub-rule (,j) of rule 12, no order imposing on an employee any of the penalties specified in clauses (1) to (iv) ot rule 8 shall be made except after—

(a) informing the employee in writing of the proposal to take action against him and of the Imitations of misconduct or misbehaviour on which it is proposed to ut taken afid giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;

(b) 'holding an inquiry in the manner laid down in sub-rules (3) to (23) cf rule 11 in every cisi in which the disciplinary authoiity Is of the- opinion that such inquiry is necessary;

(c) taking the representation, ii any, submitted by the employee under clause (a) and the lecord of inquiry, if any, held under clause (b) into consideration;

(d) recording a finding on each imputation of misconduct or misbehaviour;

and

(e) consulting the Commission where such consultation is necessary.

(2) Notwithstanding anything contained In clause (b) of sub-rule (1), if In a case it is proposed after considering the representation, If any, made by the employee under clause (a)' of that sub-rule, to withhold increments of pay and such withholding ot increments is likely to aflect adversely the amount of pension payable to the employee or to withhold increments of pay for a period exceeding three years, or to withhold Increments of pay with cumulative edect for any period, an inquiry shall be held in the manner laid down in sub-rules (3) to (23) of rule 11, before making any order imposing on the employee any such penalty.

(3) The record of the proceedings in such case shall include—

(l) a copy of the Intimation to the employee of the proposal to take action against him;

(ii) a copy of the statement of imputations of misconduct or misbehaviour delivered to him; (iii) his representation, if any; (iv) the evidence produced during the inquiry; (v) the advice of the Commission, if any; (vi) the findings on each Imputation of misconduct Or misbehaviour; and' (vii) the orders on the case together with the reasons therefor.

14. Communication of orders.—Orders made by the disciplinary authority shall be communicated to the employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and a copy of its findings on each article of charge, or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement oi' the findings of the disciplinary authority together with brief reasons for Its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by tho Commission and, where the disciplinary authority has not accepted the advice ol the Commission, a brief statement of the reasons for such non-accept- ance.

15. Common proceedings.—(1) Where two or more employees are concerned In any case, the President or any other authority competent to impose the penalty of dismissal [rom service on all such employees mn.y make an order directing that disciplinary ictinn againft aJl oi them may be taken In a common proceeding.

NOTE.—If the authorities competent to impose the penalty of dismissal on such empi jyees are different, an order for taking disciplinary action in a com- mon proceeding may be made by the highest of such authorities with the cons( at of the others.

(5) Subject to the provisions of sub-rule (3) of rule 9, any such order shall- specify—

(i) the authority which may function as the disciplinary authority for the- purpose of such common proceedins;

(ii) the penalties specified in rule 8 which such disciplinary authority shalL be competent to impose;

(lii) whether the procedure laid down in rule 11 and rule 12 Or rule 13 shall be followed in the proceeding.

16. Special procedure in certain cases.—Notwithstanding anything contained in rules 11 to 10.—

(i) where any penalty Is imposed on an employee on the ground of conduct which has led to his conviction 011 the criminal charge; or

(ii) where the disciplinary authority is satisfled for reasons to be retarded by it In writing that it is not reasonably practicable to hold un lummy in the manner provided in these rules; or

l,iii) where the President is satisfied thii! in the interest of the security of the State, iL is not expedient to hold any inquiry in the manner provided )n these rules, the disciplinary authority may consider, the circum- stances of the case nnd make such orders thereon as it deems lit:

Provided that the Commission, shall he consulted where such consultation is necessary, before any orders arc made in any case under this rule.

17. Provision- regarding officers lent to other Central Government departments. State Governments etc.—(1) Wheie the services of an employee are lent by the Department of Space to another department of the Central Government or to a State Government or to a locai or other authority (hereinafter in this rule refer- red as ''the boriowing authority'"*, the borrowing authority shall have the power? of the appointing authority "under these rules for the purpose of placing such employee under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceeding against him:

Provided that the borrowing authority shall forthwith inform the Department of Space of the circumstances leading to the order of suspension of such employee or the commencement of the disciplinary proceeding, us the case may be.

(2) In the light of the findings the disciplinary proceeding conducted against the employee—

(1) if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 8 should be imposed on the employee, it may, after consultation with the Department of Space. make such orders on the case as It deem necessary:

Provided that in the event of a difference of opinion between the borrowing authority and the Department of Space, the service of the employee shall be replaced at the disposal of the Department of Space;

(ii) If the borrowing authority is of the opinion that any of the penalties specified In clauses (v) to (ix) of rule 8 should be imposed on the employee, it shall replace hiB services at the disposal of the Depart- ment of Space and transmit to if the proceedings of the inquiry and thereupon the Department of Space may, at the appropriate level pass such orders thereon as H may deem necessary:

Provided that beiore passing any such order, the disciplinary authority shall comply with the provisions of sub-rule (3) and (4) of rule 12.

Explanation.—The disciplinary authority may make an order under this elause on the record of the inquiry transmitted to it by the borrowing authority or after holding such further Inquiry as it may deem necessary, as far as may be, in accordance with rule 11.

NOTE.—The borrowing authority should be appraised of the pension of these rules when any employee is lent by the Department of Space.

18. Provisions regarding officers borrowed from any other Department of the Central Government or from a State Government etc.—The cases of officers bor- rowed from any other Department of the Central Government or a State Government or authorities subordinate thereto or a local or other authority shall fce dealt with under the rules applicable to them.

PART VII—APPEALS

19. Orders affalnst which no appeal lies.—Notwithstanding anything contained in this Part, no appeal shall lie against—

(i) any order made by the President; (11) any order of an interlocutory nature or of the nature of a step-in-aid or the final disposal of a disciplinary proceeding, other than an order of suspension;

(iil) any order passed by an inquiring authority in the course of an inquiry under rule 11.

20. Orders against which appeal lies.—Subject to the provisions of rule 19, an employee may prefer an appeal against all or any of the following orders, namely: — (i) an order of suspension made or deemed to have been made under rule 7; (ii) an order imposing any of the penalties specified in rule 8 whether made by the disciplinary authority or by any appellate or reviewing authority;

(HI) an order enhancing any penalty, imposed under rule 8:

(iv) an order which—

(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement; or (b) Interprets to his disadvantage the provisions of any such rule or agreement;

(a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfltness to cross the bar;

(b) reverting him while officiating in a higher grade or Dost to a lower grade or post, otherwise than as a penalty;

(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he la deemed to be under suspension or for any portion thereof;

(e) determining his pay and allowances for the period of suspension, or for the period from the date of his dismissal, removal, compulsory retirement from service, or reduction to a lower grade or post, time-scale or stage in time scale of pay, to the date of his rein- statement or restoration to his grade or post shall be treated as a period spent on duty for any purpose;

(f) determining whether nr not the period from the date oi his suspension or from tb,:. date of his dismissal, removal, compulsory retirement from service or reduction to a lower grade or post, time-scale of pay, or htage in a time-scale of pay, to the date of his re-instate- ment or restoration to his grade or post shall be treated as a period spent on duty for any purpose.

Explanation.—In this rule—

(i) the expression "employee" Includes a person who has ceased to be an employee in the Department of Space;

(ii) the expression "pension" includes additional pension, gratuity and any other retirement benefit.

NOTE I.—An appeal against supersession in the matter of promotion shall fall within the purview of clause (iv) of this rule. The appellate authority shall be that indicated In rule 21.

NQCE II.—Whether an appeal or a petition alter it has been presented should be allowed to be withdrawn or not shall be within the discretion of the authority to whom the appeal or petition has been addressed.

21. Appellate Authorities.—(1) An employee including an employee who has ceased to be an employee of the Department of Space, may prefer an appeal against all or any of the orders specified in rule 20 to the authority specified in this behalf either in the Schedule or by a general or special order of the President or, where no such authority is specified,—

(i) where such employee is or was a holder of a Civil Post, Group A or a Civil Post, Group B.

(a) to the appointing authority, where the order appealed against if

made by an authority subordinate to it, or

(b) to the President, where such order is made by any other authority; (ii) where such employee is or was a holder of a Civil Post, Group C or a Civil Post, Group D to the authority to which the authority making the order appealed against is immediately subordinate.

(2) Notwithstanding anything containtd in sub-rule (1),—

(i) an appeal against an order in a common proceeding held under rule 15 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediate- ly subordinate;

(ii) where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellat • authority in respect of such order, an appeal against such order shall lie to the authority to which such person is. immediately subordinate.

(3) An employee may prefer an appeal to the President against an order im- posing any of the penalties specified in rule 3, where no such appeal lies to him under sub-rue (1) or sub-rule (2), if such penalty is imposed bv any authority other than the President on such employee in respect of his activities connected •with his work as an office bearer of an association, federation, or union participat- ing in the Joint Consultation and Compulsory Arbitration Scheme.

22. Period of limitation of appeals.—No appeal preferred under this Part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant.

Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it Is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

23. Form and contents (,f appeal.-—(1) Evftry person preferring an appeal shall do so separately and in his own name.

(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made thp order appealed against. It shall contain all material statements and arguments on which the appellant relies, shal] not contain any disrespectful or improper language, and Bhall be complete in itself.

(3) The authority which made the order appealed against shall on receipt of a copy of the appeal forward the same with its comments thereon tn other with the relevant records to the appellate authority without any avoidable delay, qnd without waiting for any direction from the appellate authority.

24. Consideration of appeal.—(1) In the case of an appeal against an order of suspension the appellate authority shall consider whether in the light of the provisions of rule 7, and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in IUIC 8, or enhancing any penalty imposed under the said rule, the appellate authority shall consider—

(a) whether the procedure laid down In these rules has been complied with' and if not, whether such non-compliance has resulted in the violation' of any provisions of the Constitution of India or in the failure of justice;

(b) whether the findings of the disciplinary authority are warranted ay the evidence on the record; and

(c)) whether the penalty or the enhanced penalty Imposed is adequate, in- adequate or severe;

and pass orders—

(i) confirming, enhancing, reducing or setting asidp the penalty; or

(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as It may deem fit in the circumstances of the case:

Provided thut—

(i) the Commission shall be consulted in all cases where such consultation is necessary;

(ii) If the enhanced penalty which the appellate authority proposes to impose is one of thp penalties specified in clauses (v) to (ix) of rule 8 and an inquiry under rule 11 has not already been held In the case, the appellate authority shall, subject to the provisions nt rule 16, itself held such Inquiry or direct that such inquiry be held in accordance with the provisions of rule 11 and thereafter, on a consi- deration of the proceedings of such inquiry and after giving the appellant a reasonable opportunity, as far ag may be, in accordance with 'he provisions of sub-rule (4) of rule 12, of making a repre- sentation against the penalty proposed on the basis of the evidence adduced during such enquiry, make such orders as it may deem fit;

(iii) If the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clause (v) to (ix) of rule 8 and an Inquiry under rule 11 has already been held in the case, the appellate authority shall, after giving the appellant a reasonable opportunity as far as may be, in accordance with the provisions of sub-rule (4) of rule 12, of making a representation against the penalty proposed on the basis of the evidence adduced during the inquiry, make such orders as it may deem fit; and

(iv) no order .imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far us may be. In accordance with the provisions of rule 13, of making a representation against such enhanced penalty.

(2) In an appeal BRningt any other order specified in rule 20, the appellate authority shall consider all the circumstances of the case and make such orders -as ii may deem just and equitable.

25. Implementation of orders in appeal.—The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

PART VIII—REVIEW

26. Review.—(1) Notwithstanding anything contained in these rules,—

(i) the President, or

(ii) the head of " department directly under the Department of Sparse, In the case of an employee serving- in a department or office under the control of such head of a department, or

(lii) the appellate authority, within six months of the date of the order proposed to be reviewed, or

(iv) any other authority specified In this behalf by the President by a general or special order, and within such time as may be prescribed In such general or special order,

may at any time either on his or Its own motion or otherwise call for the records of any inauiry and review anv order made under these rules from which an -appeal is allowed, but from which no appeal has been preferred or from which no

appeal is allowed after consultation with the Commission where such consultation is necessary, and may—

(a) confirm, modify oj^ set aside the order; or

(b) confirm, reduce, enhance, or set aside the penalty imposed by the order,

or impose any penalty where no penalty has been imposed, or

(c) remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case, or

(d) pass such other orders as it may deem fit:

Provided that no order imposing or enhancing anv penalty shall be mad3 by any reviewing authority unless the employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it it proposed to impose any of the penalties specified in clause (v) to (IX) nf rule 8 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in those clauses, no such penalty shall be imposed except after an inquiry In the manner laid down in rule 11 and after giving a reasonable opportunity to the employee concerned of showing cause against the penalty proposed on the evidence adduced during the inquiry and except after (onsulta- tlon with the Commission where such consultation is necessary

Provided further that no power of review shall be exercised by the he.ii of the department unless—

(i) the authority whk'h made the order in appeal or

(ii) the authority to which an appeal would lie where no appeal has been preferred, is subordinating to him

(2) No proceeding for review shall be commenced until a£ter-—

(i) the expiry of the period of limitation for an appeal, or

(ii) the disposal of the appeal wh 're arty "uch appeal has been refe/red.

(3) An application for review shall be dealt with in the same manner as if it •were an appeal under theee rules.

PART IX—MISCELLANEOUS

27. Service of orders notices etc —Every order, notice and other process made or issued under these rules shall be served in person on the employee concerned •or communicated to him by registered post,

28. Power to relax time-limit and to condone delay,—Save as otherwise ex- pressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cnuse is •shown, extend the time specified in these rules for anything required to bs done under these rules or condone any delay.

29. Supply of copy of Commission's advice.—Whenever the Commission Is con- sulted as provided in these rules, a copy of the advice by the Commission and where such advice has not been accepted, also a brief statement of the reason for such non-acceptance, shall be furnished to the employee concerned alon^ with a copy of the order, passed In the case, by the authority making the order.

30. Removal of doubts.—If any douht arises as +n the ir.t^roretation of any of the provisions of these rules, the matter shall be referred to the President or such •other authority as may be specified by the President bv general of special order, •and the President or such other authority shall decide the same.

Description of post

Civil

DOS Secretariat T HE S CHEDULE [See Rules 6,9(2) and 2l(l?

ISRO

Purchase Division

Headquarters

Engineering

Division1

i

2

3

GROUP—B Scientific & Technical Appointing and

4

5

Chief Engineer

di:.ciplinary authorit y

Appellate authority j

Scientific Secretaiy Chairman ISRO

Central

Government

A dp rinistrative/o the r

pcstsl

ChkfEngirttr

Appointing and Joir.t Secretary

disciplinary authotit y

Appellate authority j

Director

Member Secretary

Central Govtri ment

Chairman j ISRO

Central

Govern mer t

Central Government

GROUP—C Appointing authority

Ergineer SE/

Engineer SF

*

Dy. Secretary, ifthcre is no Dy. Secy. Joint Secretary

Disciplinary authority

Sr.rurchesc Offictr

Mtmbcr Stcy. cr Sc. Secy.

Enginer SE/

Engineer SF

Dy. Secretary; " ii there is no

App-llate authjiity .

ST. Purchase Officer

Member Secy. or. Scientific Secretary

Chairman, Director

Engineer SF/

ChiefErgineer

Dy. Secretary Jt. Secretary^ Joint Secretary; if Dy. Secretary is appointing authority. Secretary if Jt. Secretary is appointing authority Undersecretary (Administration)

ISRO

Administrative Officer—II

Administrative

Officer—II/

Engineer SE

Authorities which can impose minor penaliies w.r.t. items (") to dv) of Rule 8.

GROUP—D AppoiMirg authority Undersecretary

AdmirjMr[.tiv£ Officer— II/ Personnel Officer—II

Admin istrstive Officer—II

Engineer SE/

Administrative

Officer—II

Disciplinary ai-thoiitj

Ac'miriftrctiv* Officr—II/ Personnel Officer—II

Engineer SE/

U r du Sccuiary Admin istrstive Officer—II 4

Administrative

Officer—II

Joint Secretary Appellate Authority .

AdrniriMrtiive Officer—II/ Personnel Officer—II

ST. Purchase Officer

Engineer SF or

Chief Engineer

Member Secretary o r S c. Secretary

*VSSC includes S L V — 3, R E P L A CE A ND V I K AS *• SAC in eludes S I T E. N O T E: T he Sr- Administrative Officer/Sr. PtriorrelCffictTTtfciri d tc r t rc rr.xit The Administrative Officer I I / P e r s o r r eJ Officer—II r t f t r r td to h t re ^ i s t bc a p ma

VSSC—Vila-am Sarabhai Space Centre SAC—Space Applications Centre ISSP—ISRO Satellite Systems Project I S R O— I n d i an Space Research Organisation

ISSP Penalties which

SAC*

ISRO

VSSC*

SHAR Centres

can be Imposed Office, New Delhi

11

10

8

6

9

7

All

i Dlrector,VSSC

Director V S sq

Chairman,

ISRO

Chairman, ISRO

Director VSSG Chairman, ISRO

Director, SAC Chairman, ISRO

All Controller SACj

Controller VSSC

Project Director ISSP

Director,

Director,

• *

Project

Engineer

or Project

Officer

Director,

VSSC

Director, VSSC

VSSC

SAC

Officer-ln-

Project Director

Charge

Senior Admn. Offlcer/Sr. Per. Officer

r/ Project

Senior Admn. Officer/ Sr. Per. Officer Sr. Admn. Offlcei Sr. Personnel

Offlcer-in- Chatge

Director

Offlcet

Sr. Admn. Officer/ 5r. Per- I Dfficer ST. Admn, Offlcer/Sr. Per. Officer

Sr. Admn. Officer/Sr. Per. Officer

Controller,

Chairman, ISRO

Contioller, VSSC

Director^ VSSC

SAC

ProjcctjEngineer or Project Officer

All

! Administrative

Officer—II/

Personnel

Offlcer—II

Administrative   Administrative                     Administrative
Officer—II/       Officer—II/                        Officer—II/
Personnel         Personnel                          Personnel
Offlcet—II        Officer—II                         Offlcei—II

OfflJcr- in-Oaarge

: Administrative

Officer—II/

Personnel

Officer—II

; Administrative

Offlcer- in-Charge

Administrtive Officer—II/ Personnel Officer—II Administrative Officer—II/ Personnel Officer—II Project

DiTCCtOT

Officer—II/j Personnel Officer—II | Senior Admn. OfflceT/Sr. Personnel Officer

Administrative Officer—II/ Personnel Officer—II Administrative Offlcet—II/ Personnel Officer—II Senior Admn. Offlcer/Sr. Personnel Officer

Administrative Offlcccr—II/ Personnel Officer—II Administrate Officer—II/ Personnel Officer—II Senior Admn Officer/Sr. Personnel Officer

Member Secretary or Scientific Secretary

All

be a person appointed in the scale of Rs. HOC—1400 (Pre-Ttvjff d) RF.13CC— 17CO (Revised)

appointed in the scale of Rs. 700—1250 (Pre-rtvised) Rs, 110c—ifco (Revistd)

[No. 2/9 (i2)/74-III (I)]

T. N. SESHAN, Jt. Secy,

PBDTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS. MINTO ROAD.

NEW DELHI &ND PUBLISHED BY THB CONTDOLLER OF PUBLICATIONS. DELHI, 1 9 79