Sikkim Herald

THE SIKKIM GOVERNMENT SERVANT'S (DISCIPLINE AND APPEAL) RULES, 1985

In exercise of the powers conferred by the proviso to article 309 of the Constitution, the Governor is pleased to make the following rules to regulate the conduct of persons appointed to public services or posts in connection with the affairs of the State of Sikkim, namely: -

Short title, commencement and application.
1. These rules may be called the Sikkim Government Servant's (Discipline and Appeal) Rules, 1985.
2. They shall come into force on the date of their publication in the official gazette.
3. These rules shall apply to every person appointed to a civil service or post in connection with the affairs of the State of Sikkim and who is subject to the rule making power of the Government.
  
  Provided that nothing in these rules shall apply to any Government servant who is a member of an All-India service or any person serving the State Government on deputation from the Central Government or from any other State Government.
Definitions: In these rules, unless the context otherwise requires.
1. "appointing authority" in relation to a Government servant, means -
  1. the authority empowered to make appointments to the service of which the Government servant is for the time being a member or to the grade of the service in which the Government servant is for the time being included; or
  2. the authority empowered to make appointments to the post which the Government servant for the time being holds; or
  3. the authority which appointed the Government servant to such service, grade or post, as the case may be.
2. "Commission" means the Sikkim Public Service Commission:
3. "Disciplinary authority" means the authority competent under these rules to impose on a Government servant any or the penalties specified in rule 3;
4. "Government" means the State Government of Sikkim:
5. "Government Servant" means any person appointed to a public service or post in connection with the affairs of Sikkim is empowered to make rules; whether for the time being such person is serving in connection with the affairs of the Government of India or of any State, or is on foreign service to a company, corporation, organisation or a local authority and his salary is drawn from source other than the consolidated Fund of the State of Sikkim;
6. "Schedule" means the Schedule appended to these rules;
7. "Service" means any regular service constituted by the Government and includes the General State Service.
Penalties. -The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely -
Minor Penalties
1. Censure;
2. Withholding of his promotion;
3. Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
4. Withholding of increments of pay.
  
  Major Penalties
5. Reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;
6. Reduction to a lower time-scale of pay, grade, post or Service which shall ordinarily been bar to the promotion of the Government servant to the time-scale of pay, grade post or Service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or Service from which the Government Servant was reduced and his seniority and pay on such restoration to that grade, post or Service;
7. Compulsory retirement.
8. Removal from service which shall not be a disqualification for future employment under the Government;
9. Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
  
  Explanation. -The following shall not amount to a penalty within the meaning of this rule, namely. -
  1. Withholding of increments of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the Service to which he belongs or post which he holds or the terms of his appointment;
  2. stoppage of a Government servant at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
  3. non-promotion of a Government servant whether in a substantive or officiating capacity after consideration of his case, to a Service, grade or post for promotion to which he is eligible;
  4. reversion of a Government servant officiating in a higher Service, grade or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post or on any administrative ground unconnected with his conduct;
  5. reversion of a Government servant, appointed on probation to any other Service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;
  6. compulsory retirement of a government servant in accordance with the provision relating to his superannuation or retirement;
  7. termination of the services. -
    1. of a Government servant appointed on probation during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation; or
    2. of a temporary Government servant appointed on temporary basis, under the orders of the appointing authority; or (c) of a Government servant, employed under an agreement, in accordance with the terms of such agreement.
Disciplinary Authority.
1. The Government may impose any of the penalties specified in rule 3 on any Government servant
2. Without prejudice to the provisions of sub-rule (1), any of the penalties specified in rule 3 may be imposed on a Government servant by the Disciplinary Authority specified in the Schedule in that behalf:
  
  Provided that the Appointing Authority may, by general or special order, empower a subordinate authority to institute disciplinary proceedings and impose any of the penalties on any class IV Government servant working under such subordinate authority.
Procedure for imposing penalties.
1. No order imposing any of the penalties specified in 3[Clauses v to ix of] Rule 3 shall be made except after an inquiry is held, as far as may be, in the manner provided in this rule.
2. Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiry into the truth of any imputation of misconduct or misbehavior against a Government servant, it may itself inquire into, or appoint an authority to inquire into the truth thereof.
  
  Explanation. -Where the Disciplinary Authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the Inquiring Authority shall be construed as a reference to the Disciplinary Authority.
3. Where it is proposed to hold an inquiry against a Government servant the Disciplinary Authority shall draw up or cause to be drawn up-
  1. the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;
  2. A Statement of the imputation of misconduct or misbehaviour in support of each article of charge, which shall contain -
    1. a statement of all relevant facts including any admission or confession made by the Government servant;
    2. a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.
4. The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charges is proposed to be sustained and shall require the Government servant to submit, within such time as may be specified, a written Statement of his defence and to state whether he desires to be heard in person.
5. 1. On receipt of the written Statement of defence, the Disciplinary Authority may itself inquire into such of the articles of charge as are not admitted, or if it considers it necessary so to do, appoint, under sub-rule (2), an Inquiring Authority for the purpose, and where all the articles of charge have been admitted by the Government servant in his written statement of defence, the Disciplinary Authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in sub-rule (25).
  2. If no written statement of defence is submitted by the Government servant, the Disciplinary Authority may itself inquire into the articles of charge or appoint, it if considers it necessary so to do, appoint, under sub-ru1e (2), an Inquiring Authority for the purpose.
  3. Where the Disciplinary Authority itself inquires into any article of charge or appoints an Inquiring Authority for holding an inquiry into such charge, it may, by an order, appoint a Government Servant or a legal practitioner to be known as the "Presenting Officer" to present on its behalf the case in support of the articles of charge.
The Disciplinary Authority shall, where it is not the inquiring authority, forward to the inquiring authority-
1. a copy of the articles of charge and the Statement of the imputations of misconduct or misbehaviour;
2. a copy of the written Statement of defence, if any, submitted by the Government servant;
3. a copy of the statement of witnesses, if any, referred to in sub-rule (3);
4. evidence proving the delivery of the documents referred to in sub-rule (3) to the Government servant; and
5. a copy of the order appointing the "Presenting officer".
The Government servant shall appear in person before the Inquiring Authority on such day and such time within ten working days from the date of receipts by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour as the Inquiring Authority may, by a notice in writing, specify in this behalf, or within such further time, not exceeding ten days, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time, not exceeding ten days, as the Inquiring Authority may allow.
The Government servant may take the assistance of any other Government servant to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the Disciplinary Authority is a legal practitioner, or, the Disciplinary Authority having regard to the circumstances of the case so permits.
If the government servant who has not admitted any of the articles of charge in his written statement of defence or has not, submitted any written statement of defence, appears before the Inquiring Authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the Inquiring Authority shall record the plea, Sign the record and obtain the signature of the Government servant thereon.
The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the Government servant pleads guilty.
The Inquiring Authority shall, if the Government servant fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to another date not exceeding thirty days, after recording an order that the Government servant may, for the purpose of preparing his defence-
1. inspect within five days of the order or within such further time not exceeding five days as the Inquiring Authority may allow, the documents specified in the list referred to in sub-rule (3);
2. submit a list of witnesses to be examined on his behalf.
  
  Note. -If the Government servant applies in writing for the supply of copies of the statement of witnesses mentioned in the list referred to in a sub-rule (3), the Inquiring Authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the Disciplinary Authority.
3. give a notice within ten days of the order or within such further time not exceeding ten days as the Inquiring Authority may allow, for the discovery or production of any documents which are in the possession of the Government but not mentioned in the list referred to in sub-rule (3).
  
  Note. -The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government.
The Inquiring Authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition:

Provided that the Inquiring Authority may, for reasons to be recorded in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
On receipt of the requisition referred to in sub-rule (12) every authority having the custody or possession of the requisitioned documents shall produce the same before the Inquiring Authority.

Provided that if the authority having the custody or possession of the requisitioned documents is satisfied, for reasons to be recorded by it in writing, that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Inquiring Authority accordingly and the Inquiring Authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production of discovery of such documents.
On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the Disciplinary Authority .The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government servant. The Presenting Officer shall be entitled to re- examine the witnesses on any point on which they have been cross- examined, but not on any new matter, without the leave of the Inquiring Authority .The Inquiring Authority may also put such questions to the witnesses, as it thinks fit.
If it shall appear necessary before the close of the case on behalf of the Disciplinary Authority, the Inquiring Authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government servant or may itself call for new evidence or recall and re-examine any witness and in such case the Government servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The Inquiring Authority shall give the Government servant an opportunity of inspecting such documents before they are taken on the record, the Inquiring Authority may also allow the Government servant to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interest of justice.

Note. -New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence, which has been produced originally.
When the case for the Disciplinary Authority is closed, the Government servant shall be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the Government servant shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any appointed.
The evidence on behalf of the Government servant shall then be produced. The Government servant may examine himself in his own behalf if he so prefers. The witness produced by the Government servant shall then be examined and shall be liable to cross-examination, re-examination and examination by the Inquiring Authority according to the provisions applicable to the witnesses for the Disciplinary Authority.
The Inquiring Authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the, evidence against him.
The Inquiring Authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, appointed, and the Government servant or permit them to file written briefs of their respective case, if they so desire.
If the Government servant to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the Inquiring Authority or otherwise fails or refuses to comply with the provisions of this rule, their Inquiring Authority may hold the inquiry ex-parte.
Whenever any Inquiring Authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another Inquiring Authority which has, and which exercises, such jurisdiction, the Inquiring Authority so succeeding may act on the evidence so recorded by its predecessor, or party recorded by its predecessor, and party recorded by itself:

Provided that if the succeeding Inquiring Authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as herein before provided.
1. After the conclusion of the inquiry, a report shall be prepared and it shall contain -
  1. the articles of charge and the statement of the imputations of misconduct or misbehaviour;
  2. the defence of the Government servant in respect of each article of charge;
  3. an assessment of the evidence in respect of each article of charge;
  4. the findings on each article of charge and the reasons thereof.
    
    Explanation. -If in the opinion of the Inquiring Authority the proceedings of the inquiry establish any article of charge different from the original article of the charge, it may record its findings on such article of charge;
    
    Provided that the findings on such articles of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
2. The Inquiring Authority, where it is not itself the Disciplinary Authority, shall forward to the Disciplinary Authority the records of inquiry which shall include -
  1. the report prepared by it under sub-rule(22)(1);
  2. the written statement of defence, if any submitted by the government servant;
  3. the oral and documentary evidence produced in the course of inquiry;
  4. written briefs, if any filed by the Presenting officer or the Government servant or both during the course of the inquiry, and (e) the orders, if any ,made by the Disciplinary Authority and the Inquiring Authority in this regard.
3. The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the report prepared under sub-rule (22)(1) and shall also require the Government servant to, submit, within such time as may be specified, a representation, if any, against the findings in the enquiry report to the Disciplinary Authority.
4. The representation of the Government servant against the findings in the Inquiry report, if any, shall be taken into consideration by the Disciplinary Authority, vis-à-vis, the inquiry report before arriving at a decision on the question of guilt of the Govt. servant.
The Disciplinary Authority it is not itself the Inquiring Authority ,may for reasons to be recorded by it in writing, remit the case to the Inquiring Authority for further inquiry and report and the Inquiring Authority shall thereupon proceed to hold further inquiry according to the provisions of this rule.
The Disciplinary Authority shall, if it disagrees with the findings of the Inquiring Authority on any article of charge record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.
If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses v to ix of rule 3 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government servant any opportunity of making representation against the penalty proposed to be imposed:

Provided that in every case where it is necessary to consult the Commission, the record of inquiry shall be forwarded by the Disciplinary Authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the Government servant.

(25A) If the Disciplinary Authority having regard to its findings on all or any or the articles or, charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 3 should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 5A, make an order imposing such penalty.

Orders made by the Disciplinary Authority shall be communicated to the Government servant who shall also be supplied with a copy of the report of the inquiry, if any held by the Disciplinary Authority and a copy or its findings on each article or charge, or, where the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring. Authority and a statement of the findings of the Disciplinary Authority together with brief reasons for its disagreement, if any, with the findings of the Inquiring Authority unless they have already been supplied to him and also a copy of the advice, if any, given by the Commission, and where the Disciplinary Authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.

5A. Procedure for imposing minor penalties. -

Subject to the provisions or sub-rule (25A) of rule 5, no order imposing on a Government servant any of the penalties specified in clauses (i) to (iv) or rule 3 shall be made except after-
1. informing the Government servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;
2. holding an inquiry in the manner laid down in sub- rule (3) to (22) of rule 5 in every case in which the Disciplinary Authority is of the opinion that such inquiry is necessary.
3. Taking the representation, if any, submitted by the Government servant under clause (a) and the record of inquiry , if any, held under clause (b ) into consideration;
4. Recording a finding of such imputation of misconduct or misbehaviour; and
5. Consulting the Commission where such consultation is necessary.
Notwithstanding anything contained in clause (b) of sub- rule (1), if in a case it is proposed after considering the representation, if any, made by the Government servant under clause (a) of that sub-rule to withhold increment of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rules (3) to (22) of rule 5, before making any order imposing on the Government servant any such penalty.
The record of the proceedings in such case shall include
1. a copy of the intimation to the Government servant of the proposal to take action against him;
2. a copy of the statement of imputation of misconduct or misbehaviour delivered to him;
3. his representation, if any,
4. the evidence produced during the enquiry;
5. the advice of the Commission, if any;
6. the findings on each imputation of misconduct or misbehaviour; and
7. the order on the case together with reasons therefore.
Common proceeding. -Where two or more Government servants are concerned in any case, the Governor or any other Disciplinary Authority may make an order directing that Disciplinary action against all of them may be taken in a common proceeding.
Note. -If the authorities competent to impose the penalties, specified in rule 3 are different, an order for taking Disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of others.
Special procedure in certain cases. -Notwithstanding anything contained in rules 5 and 6 -
1. where any penalty is to be imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or
2. where the Disciplinary Authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or
3. where the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules the Disciplinary Authority may consider the circumstances of the case and take such orders thereon as it deems fit.
  
  Provided that the Commission shall be consulted, where such consultation is necessary, before any order is made in any case under this rule.
Suspension.
1. The Appointing Authority or any Authority to which it is subordinate may place a Government servant under suspension
  1. where a disciplinary proceeding against him is contemplated or is pending; or
    
    (aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
  2. where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
2. A Government servant shall be deemed to have been placed under suspension by an order of the Appointing Authority
  1. with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period of forty-eight hours or more;
  2. with effect from the date of his conviction, if in the event of a conviction for an offence he is sentenced to a term of imprisonment for forty-eight hours or more and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
    
    Explanation. -The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent period, of imprisonment, if any, shall be taken into account.
3. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
4. Where a penalty of dismissal, removal or compulsory retirement, from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a court of law and the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.
  
  Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case.
5. 1. An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.
  2. Where a Government servant is suspended or is deemed to have been suspended, whether in connection with any disciplinary proceeding or otherwise, and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.
  3. An order of suspension made or deemed to have been made under this role may at any time be modified or revoked by the authority, which made or is deemed to have made the order.
  4. Periodical review of suspension cases as well as the progress of ongoing departmental proceedings shall be made every three months.
Appeals.
1. Notwithstanding anything contained in these rules, no appeal shall lie against -
  1. an order made by the Governor;
  2. any order of an interlocutory nature or of the nature of a step-in aid or the final disposal of a disciplinary proceeding, other than an order or suspension;
  3. an order passed an Inquiring Authority in the course of an inquiry under rule 5.
2. Subject to the provisions of sub-rule
  1. a Government servant may prefer an appeal against all or any of the following orders, namely-
    1. an order of suspension made or deemed to have been made under rule 8;
    2. an order imposing any of the penalties specified in rule 3 whether made by the Disciplinary Authority or by any Appellate or Reviewing Authority;
    3. an order enhancing any penalty imposed under rule 3;
    4. an order which -
      1. denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement; or
      2. interprets to his disadvantage the provisions of any such rules or agreement.
    5. an order-
      (a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
      
      (b) reverting him while officiating in a higher Service, grade or post to a lower Service, grade or post, otherwise than as a penalty;
      
      (c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;
      
      (d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;
      (i) for the period of suspension, or
      
      (ii) for the period from the date of his dismissal, removal or compulsory retirement from service or from the date of his reduction to a lower Service, grade, post, time-scale or Stage in a time-scale of pay, to the date of his reinstatement or restoration to his Service, grade or post; or
      
      (f) determining whether or not the period , from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower Service, grade, post, time-scale of pay or stage in time-scale of pay to the date of his reinstatement or restoration to his Service, grade or post shall be treated as a period spent on duty for any purpose.
      
      Explanation.- In this rule -
      
      (i) the expression "Government servant" includes a person who has ceased to be in Government service;
      
      (ii) the expression "pension" includes additional pension, gratuity and any other retirement benefit.
3. Government servant, including a person who has ceased to be Government service, may prefer an appeal against all or any of the orders specified in sub-rule (2) to the authority specified in this behalf in the Schedule:
  
  Provided that an appeal against an order in a common proceeding held under rule 6 shall lie to the authority to which the authority functioning as the Disciplinary Authority for the purpose of that proceeding is immediately subordinate.
4. No appeal preferred under this rule shall be entertained unless such appeal is preferred within a period of forty- five (45) days from the date on which a copy of the order appeal against is delivered to the appellant:
  
  Provided that the Appellate Authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
5. (a) In the case of an appeal against an order of suspension the Appellate Authority shall consider whether in the light of the provisions of rule 8 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
  
  (b) In the case of an appeal against an order imposing any of the penalties specified in rule 3, the Appellate Authority shall consider -
  
  (i) whether the procedure laid down in these rules have been complied with, and if not whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;
  
  (ii) whether the findings of the Disciplinary Authority are warranted by the evidence on the record; and
  
  (iii) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe, and pass orders -
  
  (i) confirming, enhancing, reducing or setting aside the penalty; or
  
  (ii) remitting the case to the authority, which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:
  
  Provided that -
  
  (i) the Commission shall be consulted in all cases where such consultation is necessary;
  
  (ii) if such enhanced penalty which the Appellate Authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 3 and an inquiry under rule 5 has not already been held in the case, the Appellate Authority shall subject to the , provisions of rule 7, itself hold inquiry or direct that such inquiry be held in accordance with the provisions of rule 5 and thereafter, after giving the Appellant a reasonable opportunity of making representation against the penalty proposed , on the basis of the evidence adduced during the inquiry , make such order as it may deem fit;
  
  (iii) if the proposed penalty which the Appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 3 and an inquiry under rule 5 has already been held in the case, the Appellate Authority shall after giving the Appellant a reasonable opportunity of making representation against the penalty proposed on the basis of the evidence adduced during the inquiry, make such orders as it may deem fit; and
  
  (iv) no order imposing an enhanced penalty shall be made in any other case unless the Appellant has been given a reasonable opportunity of making representation against such enhanced penalty.
  
  (c) In an appea1 against any other order specified in rule 9 (2), the Appellate Authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.
Revision. - (1) Notwithstanding anything contained in these rules, the Governor may at any time, either on his own motion or otherwise, call for the records of any inquiry or revise any order made under these rules or under the rules repealed by rule 12 from which an appeal is allowed but from which no appeal has been preferred or from which no appeal is allowed, after consultation with the Commission where such consultation is necessary and may -
(a) confirm, modify or set aside the order, or

(b) confirm, reduce. enhance or set aside the penalty imposed by the order, or imposed any penalty where no penalty has been imposed, or

(c) remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or

(d) pass such other orders as it may deem fit.

Provided that no order imposing or enhancing any penalty shall be made by any Revising Authority unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in the clauses (v) to (ix) of rule 3 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in these clauses, no such penalty shall be imposed except after an inquiry in the manner laid down in rule 5 and after giving a reasonable opportunity to the Government servant concerned of showing causes against the penalty proposed on the evidence adduced during the inquiry and except after consultation with the Commission where such consultation is necessary.
Review. -The Governor may, at any time, either on his own motion or otherwise, review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought to his notice:

Provided that no order imposing or enhancing any penalty shall be made by the Governor unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in rule 3 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an inquiry under rule 5 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in rule 5, subject to the provisions of rule 7, and except after Consultation with the Commission where such consultation is necessary.
Repeal and saving
1. On and from the date of commencement of these rules, the Sikkim Government Servant (Discipline & Appeal) Rules, 1974 shall stand repealed:
  
  Provided that-
  (a) such repeal shall not affect the previous operation of the said rules, or any notification or order made, or anything done, or any action taken thereunder;
  
  (b) any proceedings under the said rules pending at the commencement of these rules shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules, as if such proceedings were proceedings under these rules.
2. Nothing in these rules shall be construed as depriving any person to whom these rules apply of any right of appeal, which had accrued to him under the rules, notification or orders in force before the commencement of these rules.
3. An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made in accordance with these rules as if such orders were made and the appeals were preferred under these rules.
4. As from the commencement of these rules, any appeal or application for review against any order made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules.
  
  Provided that nothing in these rules shall be construed as reducing any period of limitation or any appeal or review provided by any rule in force before the commencement of these rules.
  13.Removal of doubt. - If any doubt arises as to the interpretation of any of the provisions of these rules, it shall be referred to the Government in the Establishment Department. [now Department of Personnel, Administrative Reforms and training editor] whose decision thereon shall be final.
  T Chophel.
  
  Secretary to the Government of Sikkim.
  
  Establishment Department.
  SCHEDULE

Class of officials.	Disciplinary Authority.	Power, which he is authorized to exercise.	Appellate Authority.
1	2	3	4
Class I officers of the govt.	Governor	All	Governor
Class II Gazetted officers of the govt.	Governor	All	Governor
Class III & Class IV government servants.	Secretary-in-charge of the Department	All	Chief Secretary.

SPECIMEN FORMS
forms forms forms forms forms forms forms forms forms forms forms formorms forms forms forms forms forms

Important note.
In the case of Group A and Group n officers, the Governor is the complacent authority to institute disciplinary proceeding, order suspension or revoke order of suspension. Therefore, in such case the expression "the undersigned" should be deleted.

In case of the Group C and Group D officials, the Secretary-in- charge of the Department is the competent authority and in such a case the expressions "the Governor" and "By order" should be deleted.

Even in the case of Group C and Group D officials, if an officer other then the Secretary of the Department signs the Memorandum or order of suspension or order of revocation of order of suspension. the expression "the undersigned" should be deleted and the expression "By order" should be retained.

Sikkim Public Service Commission is required to be consulted before an order imposing any of the penalties specified in rule 3 of the Sikkim Government Servants' (Discipline & Appeal) Rules, 1985, is passed. In this connection, regulation 7 of the Sikkim Public Service Commission (Exemption from consultation) Regulations, 1986 may be referred to.