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The
Constitution of India has a provision to maintain proper relationship
between the employer and the employees of the State Governments, and to
ensure that for the breaches of the rules of discipline, they can be
brought under proper Departmental action and made answerable before the
courts of law. Article 320 (3)(c) states that the State Public Service
Commission shall be consulted :
"On all disciplinary matters affecting a person serving under
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters."
In accordance with these provisions all Departmental Enquiry cases in
which State Government has to pass order punishing a Government Servant
and all appeals etc. under the Civil Services (Classification, Control and
Appeal) Rules must be sent to the State Public Service Commission for
their opinion along with the original Departmental Enquiry file, all
relevant papers, and information as required. **
The process of examination of disciplinary cases should be clearly
indicated starting from examination in the Commission's office to the
decision of the Commission. Views should be clearly expressed on the need
for a detailed examination at the level of Commission's Office including
their analyses / observations and summarisation of charge-sheet, Culprit
Officer's defence, Inquiry Officers Reports, Culprit Officer's
representation, (if any) and the views of the disciplinary authority.
** Annexure-8
The Chairperson marks such cases to any two Members of the Commission for
their opinion. If both the Members and the Chairperson concur, their
opinion is communicated to the Government. In case of difference of
opinion the Chairperson orders the matter to be put up in the Commission's
meeting. The opinion of the Commission becomes final in such cases. All
cases in which major punishment of dismissal or compulsory retirement is
proposed, are invariably always put up before the Commission for the final
opinion.
Commission should monitor to ensure that the advice of the Commission has
been implemented by the Government.
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