In exercise of the
powers conferred by sub-section (2) of section 46 of the Police Act, 1861
(Central Act of 1861) read with section 2 and section 7 of the said Act, the
Lieutenant Governor, Goa, Daman and Diu hereby makes the following rules,
namely: (1) These rules may be called the Goa, Daman and Diu Police Subordinate
Service (Disciplne and Appeal) Rules, 1975. (2) It shall come into force at once. In these rules, unless the context otherwise
requires. (a) 'Appointing authority' in relation to any member of the service means
the authority empowered to make appointments to the service of which the
Government servant is for the time being a member; (b) 'Schedule' means the schedule annexed to these Rules; (c) 'Service' means the Goa, Daman and Diu Police Subordinate Service
comprising the Police officers and the personnel of the rank of Inspectors and
below and of the members of the Goa Reserve Police, of the rank of Inspectors
and below including drivers and wireless operators. (1) The following minor and major penalties may, for good and sufficient
reasons and as hereinafter provided, be imposed upon the members of the
service, namely: Minor Penalties (a) Extra drill, guard duty and fatigue duties; (b) Confident to the quarters; with or without extra drill; (c) Reprimand either oral or written; (d) Censure; (e) Withholding of increment or promotion or both; (f) Imposition of fine of any amount not exceeding one month's pay; (g) Recovery from pay of the whole or part of any pecuniary loss caused to
Government by negligence or breach of lawful orders; Major Penalties (h) Reduction to a lower time-scale of pay, grade, post or service which
shall ordinarily be a bar to the promotion of the member of the service 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 member of the service was reduced and his
seniority and pay on such restoration to that grade, post or service; (i) Suspension for a period not exceeding 15 days in, the case of members of
service if the penalty of reduction to a lower grade post of timescale or to a
lower stage in the same time-scale cannot be imposed; (j) Compulsory retirement; (k) Removal from service which shall not be a disqualification for future
employment under the Government; (l) Dismissal from service which shall ordinarily be a disqualification for
future employment under the Government. Explanation 1.The penalties which are specified in
this rule are set out in the order of their severity, each one of them being
more severe than the one preceding it. Explanation 2.The following shall not amount to a
penalty within the meaning of this rule, namely: (i) withholding of increments of pay of a member of service 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; (ii) stoppage of a member of the service at the efficiency bar in the
time-scale of pay on the ground of his unfitness to cross the bar; (iii) non-promotion of a member of the service, 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; (iv) reversion of a member of the service 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; (v) reversion of a member of the service 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; (vi) replacement of the services of a member of the service whose services
had been borrowed from a State Government or an authority under the control of
a State Government at the disposal of the State Government or the authority
from which the services of such a member of the service had been borrowed; (vii) compulsory retirement of a member of the service in accordance with the
provisions relating to his superannuation or retirement; (viii) termination of the services (a) of a member of the service 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 (b) of a temporary member of the service in accordance with the provisions
of sub-rule (1) of rule 5 of the Central Civil Services (Temporary Service)
Rules, 1965; or (c) of a member of the service, employed under an agreement in accordance
with the terms of such agreement. (2) (a) The penalty of reprimand mentioned at clause (c) of sub-rule (1) may
be given when the offence is such as not to merit the penalty of censure. (b) The penalty of censure mentioned at clause (d)
of sub-rule (1) may be given when the offence is such as to affect the
character of the officer or his suitability for the service. (c) Deferred punishment: Any minor penalty falling
within clauses (e), (d) or (e) of sub-rule (1) can be held in abeyance when an
officer has a previous good record. Such penalty may be held in abeyance by the
authority competent to impose the penalty or by the authority to which the
first mentioned authority is subordinate for any period ranging from three to
six months at the end of which the order of punishment may be cancelled if the
delinquent's conduct is found to be good while on duty during the period when
the penalty is held in abeyance or such penalty may at once be confirmed. The
penalty so confirmed will take effect from the date on which such penalty is
originally awarded. (d) The penalty of recovery from the pay of the
members of the service concerned of whole or part of the pecuniary loss caused
to the Government by negligence or breach of lawful orders may be imposed in
addition to any other penalty which may be imposed in respect of such
negligence or breach of orders. (1) The Administrator may impose any of the penalties specified in rule 3 on
any member of the service. (2) Without prejudice to the provisions of sub-rule (1), but subject to the
provisions of sub-rule (3), any of the penalties specified in rule 3 may be
imposed on any member of the service by the appointing authority or the
authority specified in the schedule' in this behalf. (3) Notwithstanding anything contained in this rule, (a) extra drill, guard duty and fatigue duties may be awarded to a police
constable for a period not exceeding ten days by an Assistant Superintendent of
Police or a Deputy Superintendent of Police and for a period not exceeding
fifteen days by the Superintendent of Police and for a period not exceeding
twenty days by the Inspector General of Police. (b) A police constable and a Head Constable may be confined to quarters for
a period not exceeding fifteen days by the Inspector General of Police and for
a period not exceeding ten days by the Superintendent of Police with or without
the penalty of extra drill, guard duty or fatigue duty. (1) Subject "to the provisions of sub-rule (3) of rule 7, no order
imposing on a member of the service any of the penalties specified in clauses
(d) to (g) of sub-rule (1) of rule 3 shall be made except after (a) informing the member of the service 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 a reasonable opportunity or
making such representation as he may wish to make against the proposal; (b) holding an inquiry in the manner laid down in sub-rules (3) to (21) of
rule 6, in every case in which the disciplinary authority is of the opinion
that such inquiry is necessary; (c) taking the representation, if any, submitted by the member of the
service under clause (a) and the record of inquiry, if any, held under clause
(b) into consideration; (d) recording a finding on each imputation of misconduct or misbehaviour. (2) The record of the proceedings in such cases shall include (i) a copy of the information to the Government servant of the proposal to
take action against him; (ii) a copy of the statement of imputations of misconduct or misbehaviour
delivered to him; (iii) his representation, if any; (iv) the evidence produced during the inquiry; (v) the findings on each imputation of misconduct or misbehaviour; and (vi) the orders on the ease together with the reasons therefor. (1) No order imposing any of the penalties specified in clauses (h) to (1)
of sub-rule (1) of rule 3 shall be made except after an inquiry 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 inquiring into the truth of any imputation of misconduct or
misbehaviour against a member of the service, it may itself inquire, or appoint
under this rule an inquiring authority to inquire into the truth thereof. (3) In every case where it is proposed to impose on a member of the services
any of the major penalties mentioned in clauses (h) to (l) of sub-rule (1) of
rule 3, the grounds on which it is proposed to take action, shall except where
such action is proposed to be taken on facts which have led to his conviction
in a criminal court be reduced to the form of a definite charge which shall be
communicated to a person charged together with a statement of the allegation on
which each charge is based and of any other circumstances in which it is
proposed to take into consideration in passing orders on the case. He shall be
required to put in a written statement of his defence within ten days or within
such further time as the disciplinary authority permits and to state whether he
desires to be heard in person. (4) (a) 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 rule 7. (b) If no written statement of defence is submitted
by the Government servant, the disciplinary authority may itself inquire into
the articles of charge or may, if it considers it necessary to do so, appoint,
under sub-rule (2), an inquiring authority for the purpose. (c) Where the disciplinary authority itself
inquires into any article of charge or appoint an inquiring authority for
holding an inquiry into such charge, it may, by an order, appoint a member of
the service to be known as the "Presenting Officer" to present on its
behalf the case in support of the articles of charge. (5) The disciplinary authority shall, where it is not the inquiring
authority forward to the inquiring authority (i) a copy of the articles of charge and the statement of the imputations of
misconduct or misbehaviour; (ii) a copy of the written statement of defence, if any, submitted by the
Government servant; (iii) a copy of the statements of witnesses, if any, referred to in sub-rule
(3); (iv) evidence proving the delivery of the documents referred to in sub-rule
(3) to the Government servant; and (v) a copy of the order, if any, appointing the "Presenting
Officer". (6) The members of the service shall appear in person before the inquiring
authority on such day and at such time within ten working days from the date of
receipt by him of the article 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 allow. (7) The member of the service may take the assistance of any other member of
the service 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 legal practitioner, or, the disciplinary authority,
having regard to the circumstances of the case, so permits. (8) If the member of the service who has not admitted any of the articles of
charge in this 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 his signature thereon. (9) The inquiring authority shall return a finding of guilt in respect of
those articles of charge to which the member of the service pleads guilty. (10) The inquiring authority shall, if the member of the service 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 a later date not exceeding
fifteen days, after recording an order that the member of the service may, for
the purpose of preparing his defence (i) 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); (ii) submit a list of witnesses to be examined on his behalf: Note. If the member of the service applies orally
or in writing for the supply of copies of the statements of witnesses mentioned
in the list referred to in 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. (iii) 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 Government but
not mentioned in the list referred to in sub-rule (3). Note: The member of the service shall indicate the
relevance of the document required by him to be discovered or produced by the
Government. (11) 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 by it -in writing, refuse to requisition such of the
documents as are, in its opinion, not relevant to the case. (12) On receipt of the requisition referred to in sub-rule (13), 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 member of the service and
withdraw the requisition made by him for the production or discovery of such
documents. (13) 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 member of the service. The Presenting Officer, if any, shall be entitled
to re-examine the witnesses on any points 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. (14) 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 if any to produce evidence not included in the
list given to the member of the service or may itself call for new evidence or
recall and re-examine any witness and in such case the member of the service
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 member of the service an opportunity of inspecting
such documents before they are taken on the record. The inquiring authority may
also allow the member of the service to produce new evidence, if it is of the
opinion that the production of such evidence is necessary in the interests 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. (15) When the case for the disciplinary authority is closed the member of the
service shall be required to state the defence, orally or in writing, as he may
prefer. If the defence is made orally, it shall be recorded and the member of
the service 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. (16) The evidence on behalf of the member of the service shall then be
produced. The member of the service may examine himself in his own behalf, if
he so prefers. The witnesses produced by the member of the service shall then
be examined by the inquiring authority according to the provisions applicable
to the witnesses for the disciplinary authority. (17) The inquiring authority may, after the member of the service closes his
case, and shall, if the member of the service has not examined himself,
generally question him on the circumstances appearing against him in the
evidence for the purpose of enabling the member of the service to explain any
circumstances appearing in the evidence against him. (18) The inquiring authority may, after the completion of the production of evidence,
hear the Presenting Officer, if any, appointed and the member of the service or
permit them to file written briefs of their respective case, if they so desire. (19) If the member of the service 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, the inquiring authority may hold the inquiry ex-parte. (20) 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 partly recorded by its
predecessor and partly recorded by itself: Provided that if the succeeding inquiry authority
is of the opinion that further examination of any of the witnesses whose
evidence has already been recorded is necessary in the interest of justice, it
may recall, examine, cross-examine and re-examine any such witnesses as
hereinbefore provided. (21) (i) After the conclusion of the inquiry a report shall be prepared and
it shall contain (a) the articles of charge and the statement of the imputations of
misconduct or misbehaviour; (b) the defence of the member of the service in respect of each article of
charge; (c) an assessment of the evidence in respect of each article of charge; (d) the findings of each article of charge and the reasons therefor. Explanation. If in the opinion of the inquiring
authority the proceedings of the inquiry establish any article of charge
different from the original articles of the charge, it may record its findings
on such articles of charge; Provided that the findings on such article of
charge shall not be recorded unless the member of the service 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. (ii) The inquiring authority, where it is not
itself the disciplinary authority shall forward to the disciplinary authority
the records of inquiry which shall include (a) the report prepared by it under clause (i); (b) the written statement of defence, if any, ?
submitted by the member of the service; (c) the oral and documentary evidence produced in the course of the inquiry; (d) written briefs', if any, filed by the presenting Officer, if any, or the
member of the service or both during the course of the inquiry; and (e) the orders, if any, made by the disciplinary authority and the inquiring
authority in regard to the inquiry. (1) The disciplinary authority, if 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 the further inquiry according to the provisions
of rule 6 as far as may be. (2) 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. (3) 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 (c) to (g) of sub-rule (1) of rule 3 should be imposed on
the member of the service it shall, notwithstanding anything contained in rule
5, make an order imposing such penalty. (4) (i) 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 (h) to (1) of sub-rule (1) of rule 3 should be imposed on
the member of the service, it shall (a) furnish to the member of the service copy of the report of the inquiry
held by it and its findings on each article of charge, or, where the inquiry
has been held by an 'inquiring authority, appointed by it, a copy of the report
of such authority and a statement of its findings on each article of charge
together with brief reasons for its disagreement, if any, with the findings of
the inquiring authority; (b) give the member of the service a notice stating the penalty proposed to
be imposed on him and calling upon him to submit within fifteen days of receipt
of the notice or such further time not exceeding fifteen days, as may be
allowed, such representation as he may wish to make on the proposed; penalty on
the basis of the evidence adduced during the inquiry held under rule 6. (ii) The disciplinary authority shall consider the
representation, if any, made by the member of the service in pursuance of the
notice given to him under clause (4) (i) of Rule 7 and determine what penalty,
if any, should be imposed on him and make such order as it may deem fit. Orders made by the disciplinary authority shall be
communicated to the member of the service who shall also be supplied with a
copy of the report of the inquiry, if any, held by the disciplinary authority
and a copy of its findings on each article of 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 a brief statement of the reasons for such non-acceptance. (1) Where two or more members of service are concerned in any case, the
Inspector General of Police may make an order directing that disciplinary
action against all of them may be taken in a common proceeding. (2) Any such order shall specify (i) the authority which may function as the disciplinary authority for the
purpose of such common proceeding; (ii) the penalties specified in rule 3 which such disciplinary authority
shall be competent to impose. (iii) whether the procedure laid down in rule 5 and rule 6 or rule 7 shall be
followed in the proceeding. Notwithstanding anything contained in rule 5 to
rule 9. (i) where any penalty is imposed on a member of the service on the ground of
conduct which has led to his conviction on a criminal charge, or (ii) 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 (iii) where the disciplinary authority 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 make such orders thereon as it deems fit. (1) Where an order of suspension is made or a disciplinary proceeding is
conducted against a member of the service whose services have been borrowed by
one department from another department or from a State Government, the
authority lending his services (hereinafter in this rule referred to as
"the lending authority") shall forthwith be informed of the
circumstances leading to the order of the suspension of the member of the
service or of the commencement of the disciplinary proceeding, as the case may
be. (2) In the light of the findings in the disciplinary proceeding conducted
against the member of the service if the disciplinary authority is of the
opinion that any of the penalties specified in clauses (d) to (g) of sub-rule
(1) of rule 3 should be imposed on him, it may, subject to the provisions of
sub-rule (3) of rule 7 and after consultation with the lending authority, pass
such orders on the case as it may deem necessary: (i) provided that in the event of a difference of opinion between the
borrowing authority and the lending authority the services of the member of the
service shall be replaced at the disposal of the lending authority. (ii) if the disciplinary authority is of the opinion that any of the
penalties! specified in clauses (h) to (1) of sub-rule (1) of rule 3 should be
imposed on the Government servant, it shall replace the services of such member
of the service at the disposal of the lending authority and transmit to it the
proceedings of the inquiry for such action as it may deem necessary. (1) Notwithstanding anything contained in clause (i) of sub-rule (1) of rule
3, the appointing authority or any authority to which it is subordinate or the
disciplinary authority or any other authority empowered in that behalf by the
Administrator by general or special order, may place a member of the service
under suspension (a) where a disciplinary proceeding against him is contemplated or is
pending, or (b) against whom an investigation, inquiry or trial relating to a criminal
charge is pending and the charge is connected with his position as a member of
the service or is likely to embarrass him in the discharge of his duties or
involves moral turpitude. (2) A member of the service shall be deemed to have been placed under
suspension by an order of appointing authority (a) with effect from the date of his detention, if he is detained in custody
whether on a criminal charge or otherwise, for a period exceeding forty -eight
hours; (b) 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 exceeding
forty-eight hours 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 periods of imprisonment, if any, shall be taken into account. (3) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon a member of the service under suspension is set aside
appeal 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 order. (4) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon a member of the service 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 member of the service 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. (5) (a) 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. (b) Where a member of the service is suspended or
is deemed to have been suspended, (Whether in connection with any disciplinary
proceeding or otherwise), 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 member of the service shall continue to be under
suspension until the termination of all or any of such proceedings. (c) An order of suspension made or deemed to have
been made under this rule may at any time be modified or revoked by the
authority which made or is deemed to have made the order or by any authority to
which that authority is subordinate. Notwithstanding anything contained in this Part, no
appeal shall lie against. (i) any order made by the Administrator; (ii) any order of an interlocutory nature of a step-in-aid or the final
disposal of a disciplinary proceeding, other than an order of suspension; (iii) any order passed by an inquiring authority in the course of an inquiry
under rule 6. Subject to the provisions of rule 13, a member of
the service may prefer an appeal against all or any of the following orders,
namely: (i) an order of suspension made or deemed to 'have been made under rule 12; (ii) an order imposing any of the penalties specified in rule 3 except those
mentioned at clauses (a) to (c) of that Rule, whether made by the disciplinary
authority or by any appellate or reviewing authority; (iii) an order enhancing any penalty, imposed under rule 3; (iv) an order which (a) denies or varies to his disadvantage his pay, allowances, pension or
other conditions of service as regulated by rules or by agreement; or (b) interprets to his disadvantage the provisions of any such rule or
agreement; (v) 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; (e) determining his pay and allowances.(d) 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 or pay, to the date of his
reinstatement or restoration of 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 a 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 'member of the service' includes a person who has ceased
to be in service; (ii) the expression 'pension* includes additional pension, gratuity and any
other retirement benefit. (1) member of the service including a person who has ceased to be in
service, may prefer an appeal against all or any of the orders specified in
rule 14 to the authority specified in this behalf in the Schedule. (2) Notwithstanding anything contained in sub-rule (1) (i) an appeal against an order in a common proceeding held under rule 9
shall lie to the authority to which the authority functioning as the
disciplinary authority for the purpose of that proceeding is immediately
subordinate; (ii) where the person who made the order appealed, against becomes, by virtue
of his subsequent appointment or otherwise, the appellate authority in respect
of such order, an appeal against such order shall lie to the authority to which
such person is immediately subordinate. No appeal preferred under rule 14 shall be
entertained unless such appeal is preferred within a period of forty-five days
from the date on which a copy of the order appealed 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. (1) Every person preferring an appeal shall do so separately and in his own
name. (2) The appeal shall be presented to the authority to whom the appeal lies,
a copy being forwarded by the appellant to the authority which made the order
appealed against. It shall contain all material statements and arguments on
which the appellant relies, shall not contain any disrespectful or improper
language, and shall be complete in itself. (3) The authority which made the order appealed against shall on receipt of
a copy of the appeal, forward the same with its comments thereon together with
the relevant records to the appellate authority without any avoidable delay,
and without waiting for any direction from the appellate authority. (1) In the case of an appeal against an order of suspension under rule 12
the appellate authority shall consider whether in the light of the provisions
of rule 12 and having regard to the circumstances) of the case, the order of
suspension is justified or not and confirm or revoke the order accordingly. (2) In the case of an appeal against an order imposing any of the penalties
specified in rule 3 or enhancing any penalty imposed under the said rule, the
appellate authority shall consider (a) where the procedure laid down in these rules has 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; (b) whether the findings of the disciplinary authority warranted by the
evidence on the record; and (c) whether the penalty or the enhanced penalty imposed is adequate,
inadequate or severe; and pass orders (i) confirming, enhancing, reducting, 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 to the
circumstances of the case: provided that (i) if the enhanced penalty, which the appellate authority proposes! to
impose is one of the penalties specified in clause (h) to (1) of sub-rule (1)
of rule 3 and an inquiry under rule 6 has not already been held in the case,
the appellate authority shall, subject to the provisions of rule 10, itself
hold such inquiry or direct that such inquiry be held in accordance with the
provisions of rule 6 and thereafter, on a consideration of the proceedings of
such inquiry and after giving the appellant a reasonable opportunity, as far as
may be in accordance with the provisions of sub-rule (4) of rule 7, of making a
representation against the penalty proposed on the basis of the evidence
adduced during such inquiry, make such orders as it may deem fit; (ii) if the enhanced penalty which the appellate authority proposes to impose
is one of the penalties specified in clauses (h) to (1) of sub-rule (1) of rule
3 and an inquiry under rule 6 has already been held in the case, the appellate
authority shall after giving the appellant a reasonable opportunity, as far as
may be in accordance with "the provisions of sub-rule (4) of rule 7, of
making a representation against the penalty proposed on the basis of the
evidence adduced during the inquiry, make such orders as it may deem fit, and (iii) no order imposing an enhanced penalty shall be made in any other case
unless the appellant hag been given a reasonable opportunity as far as may be
in accordance with the provisions of rule 5, of making a representation against
such enhanced penalty. (3) In an appeal against any other order specified in rule 14, the appellate
authority shall consider all the circumstances of the case and make such orders
as it may deem just and equitable. The authority which made the order appealed against
shall give effect to the orders passed by the appellate authority. Every order, notice and other process made or
issued under these rules shall be served in person on the member of the service
concerned or communicated to him by registered post. Save as otherwise expressly provided in these
rules, the authority competent under these rules) to make any order may, for
good and sufficient reasons or if sufficient cause is shown, extend the time
specified in these rules for anything required to be done under these rules or
condone any delay. (1) Absence without leave of any member of the service for 21 days shall be
considered to complete the offence of desertion, after which his name shall
invariably be struck off from the duty roll. (2) An application for reinstatement from a member of the service whose name
has been struck off as a deserter shall not be entertained unless it reaches
the Inspector General of Police within two months of the date of the
commencement of the absence without leave. The Inspector General of Police
shall not reinstate a deserter' (i) until the deserter has attended in person; and (ii) the deserter has given his explanation for the absence without leave;
and (iii) he is satisfied, after such inquiry as may be necessary, that the ease
deserves reconsideration. (3) If no application is received within two months and if the whereabouts
of the deserter are not known, the Inspector General of Police shall record in
writing the reasons for his being satisfied that it is not reasonably
practicable to give the deserter an opportunity of showing cause against his
dismissal and then confirm the dismissal. In other cases a charge shall be
framed and the procedure prescribed in Rule 6 shall be complied before
confirming the dismissal or reinstating the deserter with or without
punishment. If any doubt arises as to the interpretation of any
of the provisions of these rules, the matter shall be referred to the
Administrator or such other authority as may be specified by the Administrator
by a general or special order, and the Administrator of such other authority
shall decide the same. Sr. No Description of post Appointing Authority Authority competent to impose penalties and
penalties which it may impose (with reference to item numbers in rule) Appellate Authority Authority Penalties 1 2 3 4 5 6 1. Police Inspector (including Motor Transport and
Wire less). Inspector General of Police. (i) Inspector General of Police. Major Chief Secretary. (ii) Superintendent of Police. Minor Inspector General of Police. 2. Sub-Inspector of Police (including Wireless). Inspector General of Police. (i) Inspector General of Police. Major Chief Secretary. (ii) Superintendent of Police. Manor Inspector General of Police. 3 Wireless Operator/Radio Mechanic and other class
HI posts of (the Wireless Section. Superintendent of Police. Superintendent of Police. All Inspector General of Police. 4. Assistant Sub-Inspector. do Superintendent of Police. All Inspector General of Police. 5. Head Constables and Drivers do Superintendent of Police. All Inspector General of Police. Police Constables and other Class IV members of
service. do Superintendent of Police. All Inspector General of Police.GOA,
DAMAN AND DIU POLICE SUBORDINATE SERVICE (DISCIPLINE AND APPEAL) RULES, 1975
PREAMBLE