PUNISHMENT AND APPEAL RULES 1970, Ques-Ans

In this Chapter of Punjab Civil Services Rule -PUNISHMENT AND APPEAL RULES 1970. Here are Important Questions Answers of this Chapters.

PUNJAB CIVIL SERVICES (PUNISHMENT AND APPEAL) RULES, 1970

Ques 101. Mr. A was appointed as a Clerk by the Superintending Engineer PWD B&R On passing the SAS examination, he was appointed Section Officer by the Joint Secretary to Govt of Punjab Deptt. of Finance. Please state who will be the Appointing Authority for the purpose of Punishment & Appeal Rules?

Ans.101  Vide rule 2(a)(i) of the Punjab Civil services (Punishment & Appeal) Rules, 1970 Joint Secretary to Govt. of Pb. Department of Finance for the purpose of. Punishment & Appeal Rules will be the Appointing Authority of the employee.

Ques 102 The services of Mr. B Section Officer were placed at the disposal of PRIC by the State Govt. Please state whether Punishment & Appeal Rules of the State Govt, or of the IRTC, will be applicable to him?

Ans 102 As per explanation below rule 2(d) Of Punjab Civil services (Punishment & Appeal) Rules, 1970, the rules applicable to Pb Govt employee will also apply to the Section Officer.

Ques 103 Please define he Punishing Authority under the Punjab Civil Services Punishment & Appeal Rules, 1970?

Ans103 As per rule 2(1) read with rule 6 of the Punjab Civil Services (Punishment & Appeal) Rules 1970, the Punishing Authority shall be such as may be specified in the Rules regulating the appointment and conditions of the service of the employee concerned.

Ques 104 Please state the categories of the employees to whom the Punjab Civil Services Punishment & Appeal Rules 1970 are not applicable?

Ans 104 According to rule 3 of Punjab Civil services (Punishment & Appeal) Rules, 1970, the rules are not applicable to the following employees: –

1 Members of All India Service

2 Any person in casual employment

3 Any person discharged from service on less than one month notice

4 Any person from whom special provision is made in the order of his appointment.

Ques 105 A permanent Central Govt. employee was temporarily transferred to a service under the Pb. Govt. Please state whether the Punishment & Appeal Rules of Central Govt. or Punjab Govt. will be applicable to him during such period.

Ans 105 Vide rule 3(3) of Punjab Civil services (Punishment & Appeal) Rules, 1970, the Punishment & Appeal Rules of Punjab Govt. will apply to the employee during the period of his temporarily transferred to the Pb. Govt.

Ques 106 Please state the authority who can place a Govt. employee under suspension?

Ans 106 Vide rule 4(1) of Punjab Civil services (Punishment & Appeal) Rules, 1970, the Appointing Authority or any authorities to which it is subordinate or the Punishing Authority or any other Authority empowered in this behalf by the Competent Authority / Govt, may place a Govt. employee under suspension.

Ques 107 Please state the circumstances under which a Govt. employee is placed under suspension?

Ans107 As per provisions of rule 4(1) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Competent Authority may place a Govt. employee under suspension in the following circumstances: – A) Where disciplinary proceedings against him is contemplated/started or is pending.

b) Where a case against him in respect of a criminal offence is under investigation, enquiry or trial (court)

C) Where a Govt. employee remained in detention for a period more than 48 hours.

Ques 108 As per Pb. Police Clerical Rules, a Dy. Inspector General of Police can place a clerk under suspension irrespective of the fact that Appointing Authority is Inspector General of Police. Please state whether Dy. Inspector General of Police is required to report of suspension to the Inspector General of Police.

Ans108 As per proviso to rule 4(1)(b) of Punjab Civil services (Punishment & Appeal) Rules, 1970, the Dy Inspector General of Police is required to forthwith report the suspension to the Inspector General of Police.

Ques 109 A Govt. employee remained in police detention for a period more than 48 hours in connection with a private dispute case. Is he required to be suspended by the Competent Authority?

Ans. 109 According to rule 4(2)(a) of the Punjab Civil Services (Punishment & Appeal) Rules 1970, the employee is required to be suspended by the Competent Authority from the date of his detention.

Ques 110 The penalty of dismissal, from service of an employee after suspension was set aside in appeal and case is remanded/remitted for further enquiry. Please state whether his suspension will remain continue or he is to be reinstated?

Ans 110 Under rule 4(3) of Punjab Civil services (Punishment & Appeal) Rules, 1970, the employee will remain suspension till the enquiry is completed and orders are passed of his reinstatement.

Ques 111 The penalty of dismissal from service of an employee after suspension is set aside by a decision of court of law. Can the Punishing Authority on considering the circumstances of the case decide to hold a further enquiry against the employee?

Ans 111 Vide rule 4(4) of Punjab Civil services (Punishment & Appeal) Rules, 1970, the Punishing Authority on considering the circumstances of the case can decide to hold a further enquiry against the employee.

Ques 112 The penalty of dismissal from service of an employee after suspension is set aside by the court of law. The Punishing Authority on considering the circumstances of the case decided to hold a further enquiry against him. Whether the employee will require to be reinstated or he will be remained under suspension during the period of enquiry?

Ans 112 As per rule 4(4) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the employee will continue to remain under suspension until further orders of the Punishing Authority.

Ques 113 A Govt. employee is placed under suspension. Please state the period until which he shall remain under suspension?

Ans 113 Vide rule 4(5)(a) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the employee will continue to remain under suspension until the orders or modified or revoked or he is reinstated by the Competent Authority.

Ques 114 A Govt. employee was suspended in connection with a disciplinary proceeding During the period of his suspension another disciplinary enquiry/proceedings is started. The Suspending Authority ordered that the employee will continue to remain under suspension until the termination of all such proceedings. Please state whether the orders are under the rules?

Ans114: The orders of the Competent Authority are in accordance with the provisions of rule 5(b) of the Punjab Civil services (Punishment & Appeal) Rules, 1970. and are in order.

Ques 115 Who is competent to re-instate an employee under suspension?

Ans115 Vide rule 4 (5) (c) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Suspending Authority or any higher Authority can reinstate the employee from suspension.

Ques 116 An employee was suspended by the Executive Engineer (XEN). PWD B&R, the Superintending Engineer revoked the orders of the next days. Please comment?

Ans116 Vide rule 4(5)(c) of Punjab Civil services (Punishment & Appeal) Rules, 1970, the Superintending Engineer is competent to reinstate the employee at any time taking into consideration the circumstances of the case.

Ques 117 Please state the various penalties which can be imposed on a Govt. employee? Or Please state where the minor or major penalties specified?

Ans117 As per rule 5 of Punjab Civil services (Punishment & Appeal) Rules, 1970, the following penalties can be imposed on a Govt. employee.

Ques 118 please state whether withholding of an increment with permanent effect is a minor or major penalty?

Ans118 Vide rule 5(v) of the Punjab Civil services (Punishment & Appeal) Rules, 1970 withholding of an increment with cumulative (permanent) effect is a major penalty.

Ques 119 The State Govt. suffered a pecuniary loss due to negligence of an employee. The orders of recovery of loss are required to be passed. Please state whether the procedure for minor or major punishment is required in this case?

Ans119 Vide rule 5(iii) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, it is a case of minor penalty. As such action /procedure laid down in rule 10 of the rules is required to be followed.

Ques 120 What is the difference between removal from service or dismissal from service?

Ans120 Vide rule 5(iii) and (ix) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, dismissal from service means a disqualification for further employment under the Govt., whereas removal from service shall not be a disqualification for future employment.

Ques 121 Increment of an employee was withheld due to failure to pass type test, without following the procedure laid down in the Punjab Civil Services (Punishment & Appeal) Rules, 1970.Comments?

Ans121 As per explanation (1) below rule 5 of Punjab Civil services (Punishment & Appeal) Rules, 1970, withholding of an increment due to failure to pass any departmental examination, does not a penalty under the Rules. As such action of the Competent Authority is in order.

***End of Part 1 ***

PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans (Part 2)

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

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

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