Rule 5 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971, is an important provision that deals with the initiation of disciplinary proceedings against government employees. This rule outlines the process that should be followed before any disciplinary action is taken against a government employee. In this article, we will discuss the key aspects of Rule 5 and its implications.
According to Rule 5, no disciplinary action can be initiated against a government employee without a written complaint or a charge sheet. The complaint or charge sheet should contain the details of the alleged misconduct and the evidence supporting the charge. The charge sheet should also provide the employee with an opportunity to present their case and defend themselves.
The Rule also provides for a preliminary investigation before the charge sheet is issued. The investigating officer should provide a report of the preliminary investigation to the disciplinary authority. The disciplinary authority will then examine the report and decide whether there is sufficient evidence to proceed with the disciplinary action.
The disciplinary authority is required to provide the employee with a copy of the report and the charge sheet, and to give them an opportunity to submit a written statement in their defense. The employee can also request a personal hearing to present their case.
Once the disciplinary authority has received the employee’s written statement and held a personal hearing, they will examine all the evidence and decide whether the employee is guilty of misconduct. If the employee is found guilty, the disciplinary authority will impose an appropriate penalty, taking into account the severity of the misconduct.
The penalties that can be imposed under Rule 5 include censure, withholding of increments or promotion, reduction in rank, suspension, dismissal or removal from service. The severity of the penalty will depend on the nature of the misconduct and its impact on the government’s interests.
It is important to note that Rule 5 is designed to ensure that disciplinary proceedings are fair and transparent. The process outlined in the Rule provides ample opportunity for the employee to present their case and defend themselves. It also ensures that the disciplinary authority considers all the evidence before making a decision.
A Landmark Judgement relating to the suspension under Gujarat Civil Services (Discipline and Appeal) Rules, 1971:
Kul Bhusan Chopra vs Punjab National Bank And Ors. MANU/DE/0270/1978
- The regulation does not empower suspension where disciplinary proceedings are merely under contemplation. Disciplinary proceedings commence with the framing of the charge sheet and culminate in the final order punishing or vindicating the officer. Disciplinary proceedings could not be contemplated unless a decision to initiate the proceedings had already been taken. The expression “is pending” also lends colour to the true meaning of the expression “contemplated”, so that an officer may be suspended either where the proceedings are pending or if not pending, the decision to initiate proceedings having been taken, such proceedings are imminent and would follow as a matter of course, There would, Therefore, be no power to suspend if the decision to initiate proceedings is yet to be taken where, for example, the matter is at the preliminary enquiry or confidential enquiry or some sort of departmental investigation stages.
The reason for this is obvious, Until the investigation or preliminary enquiry or confidential enquiry concludes, there can be no application of mind by the competent authority if the case was fit one for initiation of disciplinary proceedings and until such application of mind, it could not be said that the proceedings are contemplated.
In conclusion, Rule 5 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971, is a crucial provision that outlines the process for initiating disciplinary proceedings against government employees. The Rule ensures that the process is fair, transparent, and provides the employee with ample opportunity to defend themselves. It is important for all government employees to be aware of this Rule and understand their rights and responsibilities in the disciplinary process.
