PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans Part-II

In this Chapter of PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans Part-II. Here are Important Questions Answers of this Chapters.

Notes of PB CSR Vol 1 Part 2

PUNISHMENT AND APPEAL RULES 1970

(Part 2)

Ques 122. A Govt. employee was stopped at Efficiency Bar due to his unfitness to cross the Bar without following the procedure laid down in the Punjab Civil Services (Punishment & Appeal) Rules, 1970.Comments?

Ans 122. According to explanation (1) below rule 5 of Punjab Civil service (Punishment & Appeal) Rules 1970. stoppage of a Govt, employee of the Efficiency Bar due to his unfitness to cross the Bar does not amount to a penalty under the rules. As such the action of the Competent Authority was my order.

Ques 123. A Govt. employee was ignored from promotion after consideration of his case/service records. Is it a penalty/punishment?

Ans 123. According to explanation (iii) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970. non-promotion of an employee after consideration of his case does not amount to a penalty.

Ques 124. An officiating Govt. employee was reverted to the lower post on the grounds that he is unsuitable for the higher post without following the procedure laid down under the Punjab Civil services (Punishment & Appeal) Rules, 1970. Comments?

Ans 124. Explanation (iv)below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, lays down that reversion of a Govt. employee on the grounds that he is considered to be unsuitable for such higher service is not a penalty within the meanings of the Punjab Civil services (Punishment & Appeal) Rules, 1970 As such action of the Competent Authority is in order.

Ques 125. A clerk of the Excise and Taxation Department was appointed as Inspector on probation for two years. After one year, he was reverted back as clerk. Is it not a punishment?

Ans 125. According to explanation (v)below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, reversion of a Govt. employee on probation to his permanent service during the period of probation is not a penalty under the rules. As such, the reversion is not a punishment.

Ques 126. The services of a probationer was terminated at the end of the period of his probation in accordance with the term of his without following the procedure laid down in Punjab Civil services (Punishment & Appeal) Rules, 1970. Was it not a penalty?

Ans 126. Explanation (vii) (a) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, termination of the services of a probationer at the end of and the period of probation is in accordance with the term of his appointment is therefore not a penalty under the rule.

Ques 127. A person was appointed against a temporary post. The State Govt. abolished the post after two months and the services of the employee were terminated. Is it not a punishment?

Ans 127. As per explanation (vii)(a) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970 termination of the services of the temporary Govt. employee on the abolition of the post is not treated as a penalty/punishment.

Ques 128. Can Punishing Authority publish in Pb. Govt. gazette reasons for the dismissal of an employee?

Ans 128. According to note-1 below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, punishing authorities have full powers to publish in Pb. Govt. gazette reasons for the dismissal of an employee.

Ques 129. To avoid re-employment of a person dismissed from Govt service, what procedure / precautions are required to be taken by the Punishing Authority?

Ans 129. Vide Note-2 below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, Competent Authority/Punishing Authority shall intimate to the Deputy Inspector General of Police/ CID, the Deputy Commissioner, and the Superintending Police of the Distt. in which the person concerned is a permanent resident.

Ques 130. A person appointed to hold a temporary post was discharged without causing any reasons. Please state whether it will be considered as dismissal and appeal lies?

Ans 130. Vide Note 4 (iv) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, discharge of a person appointed to hold a temporary appointment amounts to removal and is therefore considered as dismissal and appeal lies in such a case.

Ques 131. Please state whether censure or withholding of a promotion is appealable?

Ans 131. As per Note5(iv) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, censure or withholding of a promotion is appealable.

Ques 132. Please state what is distinction between withholding of promotion and non-selection of an employee to a selection post?

Ans 132. vide note (5) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, withholding of promotion is appealable under the Rules Whereas non-selection to a selection post is not appealable (if a Govt. employee having unsatisfactory record and unfavourable reports is not selected to selection post and some Junior one is selected in preference it does not amount to withholding of promotion and is therefore not appealable) whereas withholding of promotion is appealable.

Ques 133. Please state whether penalty of reduction of a seniority is provided in the Punjab Civil services (Punishment & Appeal) Rules, 1970 and can it be imposed on the employees?

Ans 133. Note 6(1) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, lays down that reduction of a seniority is not provided in the Rules. As such it can not be imposed on an employee.

Ques 134. A Govt. employee was reduced to a lower post (reverted) as a result of penalty. Whether he will be reverted to his original seniority in case of his re promotion at a later date?

Ans 134.  According to Note 6(ii) below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the seniority of such an employee on re-promotion should be determined / fixed from the date of such re-promotion. As such he should not be restored to his original seniority.

Ques 135. A Punjab Govt. employee posted at Jalalabad deserted his post in face of threat of Pakistan aggression. He was dismissed from service and the amount of Govt. contribution lying in GP Fund account was forfeited. Comments?

Ans 135. The action of the Competent Authority is in accordance with the provisions of Note 7 below rule 5 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, vide which both these penalties can be imposed in such a case.

Ques 136. Please state the authority who is competent to institute disciplinary proceedings against a Govt employee?

Ans 136.  As per rule 7 (1) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Governor or any other authority empowered by him through general or special order is competent to institute disciplinary proceedings against a Govt employee.

Ques 137. A punishing authority, to impose minor penalty only, ordered to start departmental proceedings for major penalties against an employee. Comments?

Ans 137. Vide rule 7(ii) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, a Punishing Authority competent to impose minor penalty can institute and start departmental proceedings for a major penalty notwithstanding that such penalties are to be imposed by the higher authorities.

Ques 138.  Please state where the procedure for imposing major penalties is specified?

Ans 138. The procedure for imposing major penalties is laid down in Rule -8 of the Punjab Civil services (Punishment & Appeal) Rules, 1970.

Ques 139. Can an order imposing a major penalty be passed without holding an enquiry?

Ans 139. Vide rule 8 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, no order imposing a major penalty can be passed without holding an enquiry, However, vide rule 13 ibid, an order imposing a major penalty can he passed without holding an enquiry in the following circumstances:

1) If the employee was convicted on a criminal charge;

2) Where the Punishing Authority is satisfied, for reasons to be recorded by him in writing, that it is not reasonably practicable to hold an enquiry.

3) Where the Governor is satisfied that in the interest of the State, it is not expedient to hold the enquiry.

Ques 140. Please state the circumstances under which a major penalty can be imposed without holding an enquiry?

Ans 140. 2nd para of the reply of the above question.

Ques 141. Please state the rules under which Punishing Authority can appoint an Enquiring Authority/Inquiry Officer for ascertaining truth of imputations of misconduct of an employee?

Ans 141. The Punishing Authority is competent to appoint any Enquiring Authority/Inquiry Officer for ascertaining truth of imputations of misconduct of an employee under rule 8(2) of the Punjab Civil services (Punishment & Appeal) Rules, 1970.

***End of Part 2 ***

PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans (Part 1)

PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans (Part 3)

PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans (Part 4)

Important Link

Other Related Posts

Visit Home Page Click Here 👇