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SWAGATAM

SWAGATAM. TOPICS COVERED. Forms. Authorities. Appeals. Suspension. Revision. Penalties. Review. Spl. Privileges. Charge sheet. Entire DAR. Holding inquiries. Spea k ing Orders. Monograplh on D&AR. FORMs USED IN DAR DEALINGS. S/Forms. S/Forms. S.F. 1 SUSPENSION

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SWAGATAM

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  1. SWAGATAM

  2. TOPICS COVERED Forms Authorities Appeals Suspension Revision Penalties Review Spl.Privileges Charge sheet Entire DAR Holdinginquiries Speaking Orders Monograplh on D&AR

  3. FORMs USED IN DAR DEALINGS S/Forms S/Forms S.F. 1 SUSPENSION S.F. 2 DEEMED SUSPENSION S.F. 3 UNEMPLOYMENT CERTIFICATE S.F. 4 REVOCATION S.F. 5 MAJOR PENALTY CHARGESHEET S.F. 6 REFUSAL OF ADDL.DOCUMENTS S.F. 7 APPOINTMENT OF INQUIRY OFFICER S.F. 8. - DO - OF PRESENTING OFFICER SF 9 A-C CANCELLED DURING 1972 And 1975 S.F.10 C\SHEET IN COMMON PROCEEDING S.F.10A APPT. OF I.O. IN -DO- S.F.10B APPT. OF P.O. IN -DO- S.F.11 MINOR PENALTY CHARGESHEET S.F.11A INQUIRY IN MINOR PENALTY C\S. S.F.11B MINOR PENALTY AFTER ISSUE OF SF 5 Details Pl.

  4. authorities disciplinary authority (for N G) One who can impose a penalty as per SOP that is only Minor or both if can impose any major penalty. for Gazetted - One who can impose any of the penalty under Rule 6 of DAR appointing authority The Authority that appointed the employee in the present grade in which working and not the initial appointing authority controlling authority Under whose control the employee is working including heirachy Details Pl.

  5. SUSPENSION WHAT IS SUSPENSION ? WHY DO WE SUSPEND AN EMPLOYEE ? SUSPENSION may BE RESORTED TO ONLY ON THE FOLLOWING GROUNDS :- * WHEN DISCIPLINARY PROCEEDING IS CONTEMPLATED OR PENDING. * INVOLVED IN ACTIVITIES THAT ARE PREJUDICIAL TO THE SECURITY OF THE STATE. * INVESTIGATION OR UNDER TRIAL FOR AN CRIMINAL OFFENCE. ORDERS EFFECTIVE after ACKNOWLEDGEMENT Cont.

  6. DEEMED SUSPENSION WHAT IS DEEMED SUSPENSION ? IS IT DIFFERENT FROM SUSPENSION ? DEEMED SUSPENSION RESORTED TO IF : - IN CUSTODY FOR A PERIOD BEYOND 48 HRS. - CONVICTED/IMPRISIONED BEYOND 48 HRS. - REINSTATED on APPEAL, REVISION, REVIEW OR BY ORDERS OF CAT OR COURT BOARDS LETTER NO; E(D&A)85RG 6-15 OF 16.4.85 AND E(D&A)86 6-19 OF 21.3.86 VERY CLEARLY SAYS THAT SUSPENSION SHOULD BE FOLLOWED BY A MAJOR PENALTY OTHERWISE THE ENTIRE PERIOD IS TO BE TREATED AS DUTY FOR ALL PURPOSE. Cont..

  7. SUB . ALLOWANCES ENTITLEMENTS DURING SUSPENSION • SUBSISTENCE ALLOWANCE. • REVIEW (1ST AFTER 3 MTHS). • D.A. ON SUBSISTENCE ALLOWANCES. • PASSES - 1/2 Numbers FOR GAZ. • and 1 TO N.G., IF NOT AVAILED. • P.L.B. - PAYABLE ON RESUMPTION. • MEDICAL FACILITIES INDOOR AS WELL • AS OUTDOOR. • CAN ACT AS DEFENSE COUNSEL. • CAN BE ELECTED AS OFFICE BEARER OF A UNION. • CALL FOR SELECTIONS/ TR ADE TEST NON- • SELECTIONS - RESULTS - SEALED COVER • CAN LEAVE HQRTS - WRITTEN PERMISSION • NO TYPE OF LEAVE TO BE GRANTED Cont.

  8. SUBSISTENCE ALLOWANCE SURVIVAL EQUAL TO HLAP DEDUCTIONS MINIMUM COMPULSORY OPTIONA L NON-DEDUCTABLE IF SUBSISTENCE ALLOWANCE IS NOT PAID TO THE EMPLOYEE EX-PARTE DECISION CANNOT BE TAKEN- S.C. OVERPAYMENTS - DISCRETIONARY REPORT TO DUTY ONLY AFTER ISSUING SPECIFIC REVOCATION ORDERS - FORM NO:- 4 Details Pl.

  9. PENALTIES - RULE 6 CPR - PRI - RR - CRD TWO TYPES OF PUNISHMENTS - MINOR AND MAJOR MINOR PUNISHMENTS (i) CENSURE (ii) PROMOTIONS (iii) RECOVERY (iii) a PASSES/PTOs (iii) b REDUCTION IN TIME SCALE(3 CLAUSES) (iv) INCREMENTS MAJOR PUNISHMENTS - (311 C.O.I) (v) REDUCTION IN TIME SCALE (vi) REDUCTION TO LOWER TIME SCALE (vii) COMPULSORY RETIREMENT (viii) REMOVAL FROM SERVICE (ix) DISMISSAL FROM SERVICE Details Pl.

  10. constitutional provision ARTICLE 311 1. NO CIVIL SERVANT SHALL BE DISMISSED OR REMOVED BY AN AUTHORITY SUBORDINATE TO THAT BY WHICH HE WAS APPOINTED. 2. NO SUCH PERSON SHALL BE DISMISSED OR REMOVED OR REDUCED EXCEPT AFTER AN INQUIRY IN WHICH: a) HE IS INFORMED OF THE CHARGES AGAINST HIM and b) GIVEN A REASONABLE OPPORTUNITY OF BEING HEARD IN RESPECT OF THESE CHARGES. PRINCIPLES OF NATURAL JUSTICE 1. NO ONE SHOULD BE JUDGED IN HIS OWN CAUSE 2. HEAR THE OTHER SIDE 3. THE DECISION SHOULD BE IN GOOD FAITH Details pl.

  11. CHARGESHEET Charge Sheet …………….. ……………. ……………. ……………. ……………. ……………. …………….. WHAT IS A CHARGESHEET ? -A DOCUMENT SHOWING CHARGES ALLEGED with VIOLATION OF AN ORDER OR RULES WHEN DO YOU PROPOSE TO ISSUE A CHARGESHEET ? WHEN THERE IS A PRIMA FACIE EVIDENCE Cont..

  12. INVOLVEMENT VIOLATION OF RULE / ORDER GRAVITY OF OFFENCE MAJOR OR MINOR PENALTY SUSPENSION desired or NOT WHAT DO YOU GET FROM PRIMA FACIEEVIDENCE ? prima facie evidence Cont..

  13. Before issuing a CHARGESHEET ensure you are in possession of W R S O D OCUMENTS RELIED UPON TATEMENTS OF ALL WITNESS ULES VIOLATED ITNESS FFENDER THE 4 ANNEXURES OF A CHARGESHEET ARE STATEMENT IN BRIEF SIB AID ALLEGATIONS IN DETAIL See framing of charge sheet carefully LORD LIST OF RELIED UPON DOCUMENTS LIST OF WITNESS LOW DON’T FORGET TO SIGN EACH AND EVERY PAGE ATTACHED TO THE CHARGESHEET Cont..

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