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GOVERNMENT OF uTTAR PRADESH

NYAY A ANLTIEll-M-2 ( ADHINASTHA NYAYALA YA)
NOTIFICATION
MISC ELLAN EMS
No. 1060/V11-Ny32:a -2-2013- 176(1,1010
Lucknow. Dated July 4. 2013
tiDaTTO— 107
The First National Judicial Pay Commission. on improvement of service conditions of non
judicial staff in Subordinate Courts. presided by Justice K.J. Shetty. Former Judge. Supreme Court of India
•Shetty Commission) in All India Judges' Association Vs. Union of India, ( 1993) 4 SCC 28S.
recommended for uniform service conditions and pay scales applicable to non ;judicial staff in subordinate
courts. The report was accepted by the Supreme Coun. In order to implement- the recommendations of the
She Commission as accepted by the Supreme Coun. the High Court has made recommendations for
framing uniform, and comprehensive rules for retulating service condition of the non- judicial sta fro f the
subordinate courts.
In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India the
Governor is pleased to order the publication of the following English translation of notification of no.
1060/V11-nyayn -2-2013- 176&2010 . dared July 04. 2013.
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and
all powers enabling him in this behalf , the Governor of Uttar Pradesh is pleased to make the following
rules in consultation with the High Coun regulating the recruitment and other conditions of service of staff
of the subordinate courts:
THE UrfAR PRADESH STATE DISTRICT COURT SERVICE RULES. 2013
CHAPTER-1
PRELIMINARY
1. Short Title and Corn meneement:-
(i) These rules ma be called The Uttar Pradesh State District Court Service Rules, 2013;
 \-7p< Pt4T BUT thee. 4 21.713

(ii) They shall come into force from the date of their publication in the Official Ga:eite.
2. Definitions:
In these rules. unless the context requires otherwise.-
( 1) -Appointing Authority" means the District and Sessions Judge of the District;
(2)'-equivalent qualification' means a qualification notified by the High Court as equivalent
to a qualification prescribed in these rules in respect of any category of post;
(3)" Government- means the State Government of Uttar Pradesh:
(4)" High Court" means the High Court of Judicature at Allahabad:
(5)"Official Gazette" means Uttar Pradesh Government's Gazette:
(6) "Selecting Authority- means.-
(a) District and Sessions Judge -Chenrmen.
(b) the Senior•most Additional District and Sessions Judge - Member
(c) the Civil Judge (Senior Division) -Member
Provided that Chief Justice may in addition to above nominate one or more member in the
'Selecting Authority".
(7) "Schedule" means schedule appended is these rules:
(8) "Service" means the Uttar Pradesh State District Court Service:
(9) —State" means the State of Uttar Pradesh.
(10) "Constitution" means the Constitution of India;
(11) "Departmental Inquiry!' means inquiry conducted under Rule 23 of these RuleS:
(12) "Disciplinary Authority means an Authority empowered under Rules 23 to impose
the penalty
(13) "Governor" means the Governor of Uttar Pradesh:
14) "Member of Service" means a person appointed on a post provided under • the Uttar
Pradesh State District Court Service Rules. 2013;
(15) "Year of recruitment" means during the course of year commencing urn I" July to
30th June;
(I ()'Misconduct' for the purposes of these Rules shall means as defined in Rule 3 of the
Uttar Pradesh Government Servants Conduct Rules. 1956.
CHAPTER-11
CONSTITliTION OF SERVICE
3. Constitution of Service,-
(1) On and from the date of commencement of these rules there shall be constituted a State Civil
Service known as 'the Uttar Pradesh State District Court Service'.
(2) The Service shall consist of the category of posts or cadres specified in column (2) of the
Schedule 'A'. The character and number of posts in each of these cadres and their scale of pay shall be as
specified in the corresponding entries in column (3) to (6) thereof.
(3) With effect from the date of commencement of these rules the existing category of posts shall
stand designated as the category of post. specified in column 920 (2) of Schedule 'W.
CHAPTER-I1
RECRUITMENT
4. Method of recruitment, qualifications etc:
In respect of each category of posts of the Service specified in column (2) of Schedule' Fr. the
method of recruitment and minimum qualification. shall be as specified in the corresponding entries in
columns (3) and (4) thereof.
5. Procedure of appointment.-
Subject to the provisions of these rules. recruitment to any category of post in the service shall be
made by the Selecting Authority.-
 Z? Pte 3rfrreWtrl1 Wret 4 p t i . 2 0 1 3

(I) In the case of recruitment by direct recruitment, after giving wide publicity in at least two
newspapers. one in Hindi and one in English or State level having wide circulation in the
district concerned_
(2) In the case of recruitment by promotion. by the Selecting Authority on the basis of criteria
laid down in Schedule `13' subject to fitness of the candidate to discharge the duties of the post,
from among the persons eligible for promotion.
6. Disqualification for appointment.-
( ) No person shall be eligible for appointment unless he is a citizen of India,
(2) No person who has more than one wife living and no women who has married a man already
having another wife. shall be eligible for appointment.
(3) No person who attempts to obtain extraneous support by any means for his candidature from
official or non-officials, shall be eligible for appointment.
(4) No person shaft be eligible for appointment if he or she-
(a)is or has been a member of: or has associated himself or herself with, any body or
association after such body or association is declared as an unlawful body or association: or
(b) has participated in or is associated with, any activity or programme-
(I) aimed at subversion of the Constitution of India;
(11) aimed at organized breach or defiance of law involving violence;
(III) Which is prejudicial to the interests of the sovereignty and integrity of India or the
security of the State; or
(IV) Which promotes on grounds of religion. race, language, caste or community.
feelings of enmity or hatred between different sections of the people; or
(c) is dismissed from service under the Government of India or any State Govenunent or
any Iiigh Court:
(d) is or has been debarred or disqualified by the Union or any State Public Service
Commission or any High Court from appearing for any examination or selection conducted by it;
and
(e) is or has been convicted of an offense involving moral turpitude.
7.Age limit for appointment.-
(I) Every candidate for appointment by direct recruitment must have attained the age of eighteen
years and not have crossed the age of forty veers on the first day of the years of recruitmem.
(2) Maximum age limit applicable to a candidate of Scheduled Castes and Scheduled Tribes and
other reserved categories shall be . as per the Government Orders. issued in this behalf, as adopted by the
High Court.
8. Provision for reservation of appointment:-
(I ) Appointment shall be reserved for the members of the Scheduled Castes Scheduled Tribes.
Other Backward Classes and other categories to such extent and in such manner as may be specified by the
Government Orders issued in this behalf from time to time as adopted by the High Court.
9. Direct Recruitment:-
(I ) The appointing Authority shall intimate the Selecting Authority in the month of July every
year the number of vacancies existing and likely to occur during the year of recruitment for direct
recruitment in different category of posts. The Selecting Authority shall invite applications by giving vide
publicity Indicating the total number of vacancies notified for recruimient and the number •f vacancies
resreved for different reserved categories.
(2) The Selecting Authority may short- list the candidates to be called for the written examination
equal to twenty five times the number of vacancies notified on the basis of the marks obtained in the
qualifying examination given in Schedule 'B' or by a preliminary objective test.
(3) Notwithstanding anything to the contrary in these Rules, the Appointing Authority and
the Selecting Authority with regard to conduct of examination and selection shall act in accordance
with gen erai or special orders issued by Honable Chief Justice of the High Court, from time to time.
 iCrt71 4 7
:01t 2013

10. Eligibility of candidates for the interview-

(1) For the purpose of selection of the candidates for the interview, the appointing authority shall
prepare a list of names of candidates on the basis of percentage of the total marks secured in the written
examination in the order of merit and i f tv..o or more candidates have secured equal percentage of total
marks in the written examination. the order of merit in respect of such candidates shall be fixed on the
basis of their age. the person or persons older in age being placed higher in order of merit. From among the
candidates whose names are included in such list, as far as may be, such number of candidates as is equal
to five times the number of vacancies notified, selected in the order of merit shall be eligible for the
intery iew:
(2) For the purpose of this rule.-
'Written examination' means the competitive examination held by the Selecting Authority as per
syllabus given in Schedule 'C'
H. Interview.-
Selecting authority shall interview the eligible candidates selected under Rule 10 and award marks
on the basis of their performance in the interview. The object of such interview is to assess the suitability
of the candidates for appointment to the cadre or the post applied for by them and their calibre including
intellectual and social traits of personality.
12. List of Selected candidates,-
(1) The Selecting Authority shall on the basis of the aggregate of the percentage of the total
marks secured in the written examination as determined under Rule 1 I and of the marks secured at the
interview under Rule 11 and taking into consideration the order in force relating to reservation of posts for
Scheduled Castes. Scheduled Tribes, Other Backward Classes and other prepare in the order of merit a list
of the candidates eligible for appointment to the category of post and if the aggegate of the percentage of
total mac ks secured in the written examinations as determined under rule 10. and of the marks secured at
the intervie\% under 11. of two or more candidates is equal, the order of merit in respect of such candidates
shall be fixed on the basis of their age, the person or persons older in age being placed higher in the order
of merit. The number of names of the candidates to be included in such list shall be equal to the number of
the vacancies notified for the recruitment.
(2) The Selecting Authority shall in accordance with the provisions of sub- rule (1) also prepare
an additional list of names of the candidates not included in the list prepared under sub-rule (1) in which
the number of candidates to be included shall, as far as possible. be ten percent of the number of vacancies
notified.
(3) The lists so prepared under sub-rule (1) and (2) shall be pasted on the notice board of the
Judgeship on the same day on which interview is held or on the next working day and a copy of the same
shall be forwarded to the High Court.
13. Appointment of candidates,-
(1) Subject to rules 15 and 16 candidates whose names are included in the list prepared under
sub-rule (1) and published under sub-rule (3) of Rule 12 may be appointed by the appointing authority in
the vacancies in the particular cadre in the order in which the names are found in the list after satisfying
itself. after such inquiry as may be considered necessary that each such candidate is suitable in all respects
for appointment to a post in the cadre. Candidates whose names are included in the list prepared under sub-
rule (2) and published under sub-rule (3) of rule 12 may be similarly appointed after the candidates whose
names are included in the list prepared under sub-rule (1) of Rule 12 have been appointed.
(2) The inclusion of the name of a candidate in any list published under Rule 12, shall not confer
any right of appointment.
14. Duration of operation of the lists--
the list of names of the candidates published by the Selecting Authority under Rule 12 in respect
of any cndre shall cease to be operative on appointment of the last advertised vacanc) or one year
whichever is earlier.
IS. Conditions relating to suitability and certificates of characters,-
No person shall be appointed unless the appointing authority is satisfied that he is of good
character and is in all respect suitable for appoinunent to the service. Every candidate selected fur direct
recruitmem shall furnish to the appointing authority certificates given not more than six months prior to the
 717 f 3171117177 7N-71 4 ,.qc"11 , 2013

date of selection, by two respectable persons unconnected with his school, college or wii%ersity. and not
related to ham, testifying to his character. in addition to the certificate or certificates which may by required
to be furnished from the educational institution last attended by the candidate. If any doubt arises regarding
the suitability of a candidate for appointment the decision of the High Court shall be final.
16. Conditions relating to Physical fitness,-
(1) No candidate selected for appointment shall be appointed to any post unless he satisfies the
appointing authority that he is physically fit to discharge the duties that he may be called upon to perform
Appointing authorit) may, by order, prescribe the physical standards required to be satisfied by a person
for appointment and specify the medical authority wbich may grant the certificate of physical finless and
provide such other incidental matters as may be necessary. The opinion of the medical Authority, regarding
the physical fi mess or otherwise of the candidate shall be binding on the candidates.
(2) A candidate selected for appointment who fails to appear before the Medical Authority
specified by the appointing authority under sub- rule (1) shall be given one more opportunity to appear
before such authority. If the candidate fails to appear before Medical Authority even on second occasion,
his name shall be deleted from the list of selected candidates and he shall cease to be eligible for
appointment .
17. FeeS,-
Every candidate for direct recruitment to any category of post may be required to pay such fees.
as may be specified by the Appointing Authority in respect of his applications:
Provided that in the case of a candidate belonging to a Scheduled Caste or a Scheduled Tribe the
fees payable shall be half of the fee specified wider this rule.
18. Joining time fur appointments--
(I ) A candidate appointed by direct recruitment shall assume charge of the post specified by the
appointing autbority as soon as possible after the date of the order appointment. but not later that thirty
days from the date.
Explanation,- For the purpose of this sub-rule 'the date of the order of appointment' means the
date of dispatch of order of appointment by registered post to the address given by the candidate.
(2) Notwithstanding anything contained in sub-rule (1) the appointing authority may. on the
application of the candidate and if satisfied that there are good and sufficient reasons for doing so, by order
in Writing. grant such further time but not exceeding fifteen days as it may deem necessary.
(3) The name of the candidate who fails to assume charge of the post within the time specified
in sub- rule (1) or within the further time granted under sub•rule (2) shall stand deleted from the list of
selected candidates and the candidate concerned shall cease to be eligible for appointment.
CilAPTER-IV
PROBATION
19. Probation-
(1) All appointments to the Service by direct recruitment shall be on probation tbr the period of
two years.
(2) All Appoinunents by promotion shall be on probation basis for a period of two years.
(3) The period of probation for reasons to be recorded in writing, may be extended by the
appointing authority by such period not exceeding the period of probation specified in sub- rule (I) or (2).
(4) At the end of period of probation or the extended period of probation the appointing authority
shall consider the suitability of the person so appointed or promoted to hold the post to which he was
appointed or promoted, and
(I) If it is decided that he is suitable to hold the post to which he was appointed or
promoted and has passed the examinations or tests, if any, required to be passed during the period
of probation. it shall. as soon as possible, issue an order declaring him to have satisfactorily
completed the period of probation and such an order shall have effect from the date of expiry of
the period of probation, including extended period, if any, as the case may be.
6 Tz-fi7 Vt71- 37ffrEtRui mod, 4 2013

(H) if the appointing authority considers that the person is not suitable to hold the post to
which he was appointed or promoted, as the case may be. he shall by order-
(a) If he is a promotee. revert him to the post which he held prior to his promotion.
(b) if he is probationer. discharge him from service.
(5) A person shall not be considered to have satisfactorily completed the period of probation
unless a specific order to that effect is passed. Any delay in passing such an order shall not entitle the
person to be deemed to have satisfactorily completed the period of probation.
20. Discharge of a probationer during the period of probation:-
(1) Notwithstanding anything contained in rule 19. the appointing authority may, at any time
during the period of probation. discharge from service, a probationer on account of his
unsuitability for the service.
(2) An order under sub- rule (1) shall indicate the grounds far the discharge but no disciplinary
inquiry shall be necessary.
21. Increment during the period of probation:-
(1) A probationer or promotee may draw the increments that fall due during the period of
probation. He shall not, however, draw any increment of er the expiry of the period of probation unless and
until he is declared to have satisfactorily completed his probation.
(2) When a probationer or promotee is declared to have satisfactorily completed his probation. he
shall draw. as from the date such order takes effect, the pay he would have drawn had he been allowed the
increments for the whole of his service from the date o f his appointment or probation.

CHAPTER-V
DETERMINATION OF SENIORITY
22. Seniority.
(1) Seniorit!, where appointments by direct recruitment only:- Where according to the rules
appointments are to be made only by the direct recruitments. the seniority inter-se of the persons
appointed on the result of any one selection, shall be the same as it is shown in the merit list prepared:
Provided ihat a candidate recruited directly may loose his seniority, if he fails to join without
valid reasons when vacancy is offered to him. The decision of the appointing authority as to the
validity of reasons, shall be final:
Provided further that persons appointed on the result of subsequent selection shall be Junior
to the persons appointed on the result of a previous selection.
Explanation- Where in the same year separate selection for regular and emergency
recruitment are made. the selection for regular recruitment shall be deemed to be previous selection.
(2) Seniority where appointments by promotion only from the Single feeding cadre:-
Where according to the service rules, appointments arc to be made only by promotion from a single
feeding cadre, the seniority inter-se of person so appointed shall be the same as it was in the feeding
cadre.
Explanation- A person senior in the feeding cadre shall, even though promoted after the
promotion of a person junior to him in the feeding cadre shall, in the cadre to which they are promoted.
regain the seniority as it was in the feeding cadre.
(3) Seniority where appointments by promotion only from several feeding cadre:-Where
according to service rules. appointments are to be made only by promotion but from more than one
feeding cadre. the seniority inter-se of persons appointed on the result of any one selection shall be
determined according to the date of the order of their substantive appointment in their respective feeding
cadre,
Explanation:- Where the order of the substantive appointments in the feeding cadre specifies a
particular back date with effect from which, a person is substantively appointed, that date will be
deemed to be the date of the order of substantive appointment and, in other cases it will mean the date
of issuance of the order:
Provided that where the pay scales of the feeding cadre are different, the persons promoted
from the feeding cadre having higher pay scale shalt be senior to the persons promoted from the
feeding cadre having lower pay scale:
 772WRTV,FillT-T1767 TrL.-7d.4 2013 7

Provided further that the person appointed on the result of subsequent selection shall be
junior to the person appointed on the result of a previous selection.
(4) Seniority where qppointments made by promotion and direct recruitments-
(i) where according to service rules appointments are made from both by the
promotion and by Direct recruitment, the seniority of persons appointed shall, subject to
the provision of following sub-rules be determined from the date of the order of their substantive
appointments. and if two or more persons are appointed together. in the order in which, their
names are arranged in the appointment orders:
Provided that if the appointment order specifies a particular back date. with effect from
which a person is substantively appointed, that date will be deemed to be the date of order
of substantive appointment and, in other cases, it will mean the date of issuance of the order:
Further provided that a candidate recruited directly may loose his seniority, if he fails to
join without valid reasons, when vacancy is offered to him and the decision of the appointing
authority as to the validity of reasons, shall be final.
(i) The seniorty inter•se of the persons appointed on the result of any one selection-
(a) Through direct recruitment, shall be the same as it shown in the merit list prepared:
(b) By promotion, shall be determined in accordance with the principles laid down in
Rule 22(2) orRule 22 (3) , as the case may be . accordingly as the promotions are to be
made from a single feeding cadre or several feeding cadre.
(ii) Where appointments are made by promotion and direct recruitment on the result of any
one selection, the seniority of promotees vis-vis Direct Recruits shall be determined in cyclic
order (The first being a promotee) so far as may be, in accordance with the quota prescribed
for the two sources.
Illustration- Where the quota of promotees and direct
recruits is in proportion of 1: 4 seniority shall be in the following order:-
F i r s t - - - p r o m o t e e .
Second to Fifth ------------------------------------direct recruits.
And so on:
Provided that-
(a) Where appointments fr0m any source are made in excess of the prescribed quota, the
persons appointed in excess of the quota shall be pushed down, for seniority. to subsequent year
or years in which there are vacancies in accordance with the quota:
(b) Where appointments from any source fall short of the prescribed quota and appointment
against such unfilled vacancies are made in subsequent year or years. the persons so appointed
shall not get seniority of any earlier year but shall get the seniority of the year in which there
appointments are made, so that their name shall be placed at the top followed by the names. in the
cyclic order of the other appointees.
(c) Where in accordance with the service rules the untitled vacancies from any source could,
in the circumstances mentioned in the relevant service rules, be filled from other source, and
appointment in excess of quota are so made, the persons so appointed shall get the seniority of
that very year as if they are appointed against the vacancies of their quota.
(5) Preparation of seniority list:- (i) As soon as ma) be, after appointments are made to the
service, the appointing authority shall prepare a tentative seniority list of persons appointed substantively
to the service in accordance with the provisions of these rules.
(ii) the tentative seniority list shall be circulated among the persons concerned inviting
objections, by a notice of reasonable period, which shall not be less than 7 days from the
date of circulation of the tentative seniority list.
(iii )No objection against the vires or validity of these rules shall be entertainable.
(iv)The appointing authority after disposing of the objection by a reasoned order issue a
final seniority list.
8 3 At it 3ititwIxul 7 T7E. 4 ledge. 2013
(v) It shall not be necessary to prepare a seniority list of the cadre to which appointments
are made only by promotion from a single feeding cadre.
(6) Every year in the month of jut); seniority list of officials in all cadres in a District shall
be prepared and published by the appointing authority and the lists so published shall be used for
the purpose of making promotions to the next higher cadre in the District_

CHAPTER-VI
DISCIPLINE AND APPEAL
23. (1) Penalties.-
One ur more of the following penalties for good and sufficient reasons may be imposed on a
member of the Service, namely:
Minor Penalties
(i) Censure;
(ii) Withholding of increment for a specified period;
(iii) Stoppage of an efficiency bar;
(iv) Recovery from pay of the whole or part of any pecuniary loss caused by negligence or
breach of orders, to the Government or the High Court;
(v) Fine in case of persons holding Group 'D' posts: Provided that the amount of such fine
shall in no case exceed twenty five percent of the month's pay in which the fine is imposed.
Major Penalties
(i) Withholding of increments with cumulati ve effect,
(ii) Reduction to a lower post or grade or time scale or to a lower stage in time
scale:
(iii) Removal from service which does not disqualify from future employment:
(iv)Dismissal from the service which disqualifies from future employment.
Explanation- The following shall not amount to penalty within the meaning of this rule,
namely:-
(i) Withholding of increment of a member of the service for failure to pass a department
examination or for ffilure to fulfil any other condition in accordance with the rules or orders
governing the service;
(ii) Stoppage of the efficiency bar in the time scale of pay on account of ones not being
found fit to cross the efficiency bar;
(iii) Reversion of a person appointed on probation to the service during or at the end of the
period of probation in accordance with the terms of appointment or the rules and orders governing
such probation;
(iv) Termination of the service of a person appointed on probation during or at the end of
period of probation in accordance with the terms of the service or the rules and orders governing
such probation.
(2) Suspension-
(i) A member of the service against whose conduct an enquiry is contemplated, or is
proceeding. may be placed under suspension pending the conclusion of the enquiry in the
discretion of the appointing authority:
Provided that suspension should not be resorted to unless the allegation against the
employee are so serious that in the event of their being established, may ordinarily warrant major
penalty:
Provided further that the head of the department by an order in this behalf may place an
employee under suspension under this rule:
Provided also that the appointing authority may delegate it's power under this rule to the
next lower authority.
 .7t17 3MILITiur i i v m . 4 2013 9

(ii) An employee in respect of or against whom, an investigation. enquiry or trial relating

to a criminal charge, which is connected with his position as an employee of Court or which is
likely to be embarassing in discharge otitis duties or which involves moral turpitude: is pending.
may, at the discretion of the appointing authority or the authority to whom, the power of
suspension has been delegated under these rules, be placed under suspension until the termination
of all proceedings relating to the charge.
(iii) (a) An employee shall be deemed to have been placed or. as the case may be continued
to be placed. under suspension by an order of the authority competent to suspend, with the date of
his detention, if he is detained in custody, whether detention is on Criminal charge or otherwise.
for a period exceeding tbrty eight hours.
(b) The aforesaid employee shall, after release from the custody, inform in writing to the
competent authority about his detention and may also make representation against the deemed
suspension, The competent authority shall, after considering the representation in the light of the
facts and circumstances of the case as well as the provision contained in rule pass appropriate
order continuing the deemed suspension from the date of release from custody or revoking or
mollifying it,
(iv)The employee shall be deemed to have been placed. as the case may be. or continued to
be placed under suspension by an order of the authority competent to suspend under these rules.
with effect fiom the date of his conviction if in the event of a conviction for an offence he is
sentenced to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or
removed consequent to such conviction.
Explanation- The period of forty eight hours referred to in sub rule will be computed from
the commencement of the imprisonment after the conviction and for this purpose, internment
periods of imprisonment, if any, shall be taken into account.
(iv) Where the penalty of dismissal or removal from service imposed upon an employee is
set aside in appeal under these rules or under rules rescinded by these rules and the case is
remined for further enquiry or action or with any other directions:
(a) If he was under suspension immediately before the penalty was awarded to him, the
order of his suspension shall, subject to any such directions as aforesaid, be deemed to have
continued in force on or from the date of the original order of dismissal or removal:
(b) If he was not under suspension, he shall, if so directed by the appellate authority. be
deemed to have been placed under suspension by an order of the appointing authority on or
from the date of original order of dismissal or removal:
Provided that nothing in this suh rule shall be construed as affecting the power of
disciplinary authority, in a case where a penalty of dismissal or removal from service imposed
upon a Government servant is set aside in appeal under these rules on grounds other than the
merits of the allegations on the basis of which, the said penalty was imposed and the case is
remitted for further enquiry or action or for any other direction. to pass an order of suspension it
being further enquiry against him on those allegations, however any such suspension shall not
have retrospective effect.
(v)Where penalty of dismissal or removal from service imposed upon an employee is set
aside or declared or rendered void in consequence of or by decision of a Court of law and the
appointing authority on a consideration of circumstances of the case. decides of the case, decides
to hold a further enquiry against him on the allegations on which the penalty of dismissal or
removal was originally imposed, whether the allegations remain in their original form or are
clarified their particulars better specified or any part thereof of a minor nature omitted:
(a) If he was under suspension immediately before the penalty was awarded to him.
the order of his suspension shall, subject to any direction of the appointing authority, be
deemed to have continued in force on or from the date of the original order of dismissal or
removal:
(b) if he k% as under suspension, he shall, if so directed by the appointing authority. be
deemed to ha% e been placed under suspension by an order of the competent authority on and
from the date of the original order of dismissal or removal.
10 N3 1-1,fcre'T.‘f 31TTUTTuTN-1771 4 NJVI. 2 0 13

(VII) Where an employee is suspended or is deemed to have been suspended ( whether

in connection with any disciplinary proceedings or otherwise ) and any other disciplinary
proceeding is commenced against him during the continance of that suspension. the
authority competent to place him under suspension may, for reasons to be recorded by him in
writing direct that the employee shall continue to be under suspension till the termination of all
or an of such proceedings.
(viii) Any suspension ordered or deemed to have been ordered or to have continued in
force under this rule shall continue to remain in force until it is modified or revoked by the
competent authority.
(ix) An employee placed under suspension or deemed to have been placed under
suspension under this rule shall be entitled to subsistence allowance in accordance with the
provisions of Fundamental Rule 53 of the Fittancial Hand Book Volume IL Part II to IV.
(3) Pay and Allowance etc. of the suspension period-
After the order is passed in the departmental enquiry on the basis of criminal case, as the
case may be, under these rules, the decision as to the pay and allowances of the suspension
period of the concerned employee and also whether the said period shall be treated as spent on
duty or not, shall be taken by the disciplinary authority after giving a notice to the said
employee and calling for his explanation within a specified period under Rule 54 of the
Financial Hand Book. Volume H. Part II to IV.
(4) Disciplinary Authority-The appointing authority of the member the service shall
be the disciplinary authority, who. subject to the provisions of these rules. may impose any of
the penalties specified in rule 23.
Provided that no person shall dismissed or removed by an authority subordinate to that by
which he was actually appointed.
(5) Procedure of imposing major penalties: Before imposing any major penalty on an
employee, an enquiry shall be held in the following manner:-
(i) The disciplinary authority may himself enquire into the charges or appoint any
authority subordinate to him as enquiry officer to enquire into the charges.
(ii) The fact constituting the misconduct on which is proposed to take action shall
be reduced in the form of definite charge or charge or charges to be called Charge-sheet.
The charge-sheet shall be approved by the disciplinary authority-
(iii) The charges framed shall be so pracise and clear as to give sufficient indication to
the charged employee of the facts and circumstances against him. The proposed documentary
evidences and the name of the witnesses proposed to prove the same alongwith the oral
evidences, if any. shall be mentioned in the charge-sheet.
(iv)the Charged employee shall be required to put in Written statement of his
defence in person on a specified date which shall not be less than 15 days from the date of
issueof charge-sheet and to state whether he desires to cross examine any
witness mentioned in the charge-sheet and whether he desires to give or produce evidence in his
defence. lie shall also be informed that in case he does not appear or file written statement
on the specified date, it shall be presumed that he has none to furnish and enquiry
officer shall proceed to complete the enquiry ex -panse.

(v)The charge-sheet alongwith the copy of documentary evidences mentioned therein and
list of witnesses and their statements, if any, shall be served on the charged employee personally
or by registered post at the address mentioned in the official record. In case the charge-sheet could
not be served in the aforesaid manner, the charge-sheet shall be served by publication in a daily
newspaper having wide circulation:
Provided that where the documentary evidence is voluminous, instead of furnishing its
copy with charge-sheet, the charged employee shall be permitted to inspect the same before the
enquiry officer: