14. Minor and Major Penalties. – The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:-

Minor Penalties:-

(i) censure;

(ii) withholding of promotion;

(iii) 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;

(iv) reduction to a lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect;

(v) withholding of increments of pay without cumulative effect.

Major Penalties:-

(vi) Withholding of increments of pay with cumulative effect.

(vii) Save as provided for in clause (iv), reduction to a lower stage in 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;

(viii) reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government servant to the time-scale of pay, grade, post or service from which he or she 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;

(ix) compulsory retirement;

(x) removal from service which shall not be a disqualification for future employment under the Government;

(xi) dismissal from service which shall ordinarily be a disqualification for future employment under the Government:

Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (x) or clause (xi) shall be imposed:

Provided further that in any exceptional case and for special reasons to be recorded in writing, any other penalty may be imposed.

Explanation (1). – The following shall not amount to a penalty within the meaning of this Rule, namely:-

(i) withholding of increments of pay 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;

(ii) withholding of promotion of a Government servant after consideration of his case to a service, grade or post for which he is eligible, whether he is in a substantive or in officiating capacity;

(iii) non-promotion of a Government servant, whether in a substantive or officiating capacity, after consideration of his case, to a Service, grade or post of promotion to which he is eligible;

(iv) reversion of a Government servant officiating in a higher-Service, grade, or post to a lower Service, grade or post or on any administrative ground unconnected with his conduct;

(v) 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 and conditions of his appointment or the Rules and order governing such probation;

(vi) replacement of the services of a Government servant, 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 Government servant had been borrowed;

(vii) compulsory retirement of a Government servant in accordance with the provisions relating to superannuation or retirement under Rule 74 of the Bihar Service Code;

(viii) termination of the service-

(a) of a Government Servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms and conditions of his appointment or the Rules and orders governing such probation; or

(b) of a Government Servant, employed under an agreement, in accordance with the terms of such agreement.]

[Explanation (2). – The penalties mentioned in the clauses (i), (ii), (iv), (v), (vi), (vii) and (viii) are explained as follows within the meaning of this Rule-

(i) Censure. – ‘The Censure shall be entered in the character roll of the year the allegation or omission & commission. The adverse effect of censure on the confirmation and promotion of concerned Government Servant shall be for next three consecutive years after the year of allegation or omission & commission for which he or she is censured. For example, if a Government Servant is censured for the allegation or omission & commission of the year 2002-2003, it shall be entered in the character roll of 2002-2003 and its adverse effect shall be from the year 2003-2004 to 2005-2006.

Such Government Servant who has been awarded with three censures, shall be deemed to be fit for promotion only if after expiry of the period of adverse effect of last (third) censure, during the next five years his work and conduct of at least three years is extraordinary and has not been awarded any adverse remarks for the period of next five years. For example, if the adverse effect of third censure of a Government servant expires in 2002 and his promotion is due in 2008 or before that, in that case his promotion shall be deemed to be due in 2008, i.e. five years after the expiry of adverse effects of last censure, with the condition that during the five years of 2003 to 2007 his work and conduct of at least three years is extraordinary and during the said’ five years he has not been awarded any adverse remarks.

(ii) Withholding of Promotion. – While awarding the penalty of withholding of promotion, it shall be essential to explain in the order of the disciplinary authority whether this penalty shall be for a particular period or for the whole service period.

(iii) Reduction to a lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect. – This penalty shall be effective from the date of issue of order. In this penalty the ‘stage’ means the stage of pay scale. As it is without cumulative effect, therefore after the expiry of the period of penalty the next stage shall be admissible adding the benefit of all the effected stages.

(iv) Withholding of increments of pay without cumulative effect. – Such penalty shall be effective from the date of issue of order, i.e. the increments due after the issue of the order shall be withheld. It will be essential to mention clearly the number of annual increments withheld in the order by the disciplinary authority. After the communication of order of penalty the increment shall remain withheld from the due date of next increment. For example, if two increments of a Government Servant are withheld without cumulative effect, it will mean that after the date of communication of order of penalty, from the due date of next increment till one year the first increment and from the second due date till one year the second increment shall remain withheld. As the penalty is without cumulative effect, the salary from the due date of third increment after the withholding of increments shall be paid with increment after adding the stages of both the withheld increments, but the financial benefit of withheld period shall not be admissible.

No promotion shall be considered during the period of operation of this penalty, i.e. for the number of years the increments are withheld. Only after the expiry of the period of penalty, it will be possible to consider on the promotion from the due date.

(v) Withholding of increments of pay with cumulative effect. – Such penalty shall be effective from the date of issue of order, i.e. the increments due after the issue of the order shall be withheld. It will be essential to mention clearly the number of annual increments withheld in the order by the disciplinary authority. After the communication of order of penalty the increment shall remain withheld from the due date of next increment. For example, if two increments of a Government Servant are withheld with cumulative effect it will mean that after the date of communication of order of penalty, from the due date of next increment till one year the first increment and from the second due date till one year the second increment shall remain withheld. The cumulative effect shall be for such number of years as is the increments withheld, but as the penalty is with cumulative effect therefore the withheld increments shall remain withheld for the whole service period. Under these circumstances, the salary from the due date of third increment after the withholding of increments shall be paid with increment without adding the stage of both the withheld increments.

No promotion shall be considered during the period of operation of this penalty, i.e. for the number of years .the increments are withheld. Only after the expiry of the period of penalty it will be possible to consider on the promotion from the due date.

(vi) Reduction to a lower stage in 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. – It shall be essential to mention clearly in the order the period of effect of such penalty and also whether annual increment will be earned during such period or not. It shall also be essential to explain whether on the expiry of period of penalty, further increments will be automatically admissible or will remain postponed, and if postponed the period of such postponement.

If the future increments are postponed after expiry of period of such reduction, in that case the promotion will be withheld for such number of years as is the number of years of withholding of increment.

(vii) Reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government Servant to the time-scale of pay, grade, post or service from which he or she 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. – It shall be essential to mention clearly in the order concerning this penalty whether its limit of effect shall be permanent or for indefinite period, or not. If the intention is not to make its limit of effect permanent or for indefinite period, in that case it shall be essential to mention the period of such reduction and the conditions of restoration after the completion of period of such reduction in the proposed penalty. Therefore, it shall be desirable for the disciplinary authority to invariably specify the following instructions in the order of penalty-

(a) the period of reduction, unless the clear intention is that the reduction should be permanent or for an indefinite period;

(b) where the period of reduction is specified whether on the expiry of the period the Government Servant is to be promoted automatically to the post from which he was reduced; and

(c) whether on such re-promotion, the Government Servant will regain his original seniority in the higher service, grade or post or higher time-scale which had been assigned to him prior to the imposition of the penalty.

Explanation (3) Warning. – The warning is not a penalty within the meaning of this Rule and due to this it has not been placed in any of the category of penalty. But the occasion may come when the disciplinary authority or his sub-ordinate authority may need to criticize a Government Servant due to his carelessness, lack of interest, delay in execution of work etc. Such criticism may be done by warning him orally or in writing, so that the work of the Government Servant may be improved. It is also possible that after the procedure of disciplinary proceeding for an allegation i.e. after the scrutiny of explanation it is concluded that it will be sufficient to warn the delinquent person instead of censuring him. In that circumstances the ‘Warning’ awarded should be entered into the character roll. But with the entering into character roll such ‘warning’ cannot be converted into ‘censure’. However such warning has the effect on the merit of the Government Servant or on his being considered for promotion on higher post. Such ‘warning’ cannot be a ‘censure’ because while awarding ‘warning’ he was not considered to be censured. If there is entry of ‘two warnings’ in the character roll of a Government Servant, the said ‘warnings’, due to the aforesaid reasons, neither be deemed to be converted into ‘censure’ nor be equivalent to ‘a censure’. But it does not mean that Government Servant may have so many ‘warnings’ entered into his character roll. The ‘warnings’ has the effect of adverse remarks. If there is no improvement in the work despite warning, the reporting/reviewing officer is competent to record the remarks accordingly.

If a Government Servant is awarded ‘warning’ after adopting the prescribed procedure of awarding penalty (i.e. after giving an opportunity to explain his conduct and keeping in view the explanation submitted by him) and which is entered into character roll, in that case it shall have the adverse effect for next one year on the confirmation and promotion of the Government Servant. If five ‘warnings’ are entered into the character roll of a Government Servant, he shall be deemed to be fit for promotion, if after expiry of the period of adverse effect of the fifth warning, during the next five years his work and conduct of at least three years is extra-ordinary and he has not been awarded any adverse remarks for the period of next five years.]

15. Disciplinary Authorities. – (1) The Government may impose any of the penalties specified in Rule 14 on any Government Servant.

(2) Without prejudice to the provisions of sub-rule (1), any of the penalties specified in Rule 14 may be imposed on-a Government Servant by the appointing authority or any authority to which the appointing authority is subordinate or by any other authority empowered in this behalf by a general or special order of the Government.

16. Authority to institute proceedings. – (1) The Government or appointing authority or any authority to which the appointing authority is subordinate or any other authority empowered by general or special order of the Government may-

(a) institute disciplinary proceedings against any Government Servant;

(b) direct a disciplinary authority to institute disciplinary proceedings against any Government Servant on whom that disciplinary authority is competent to impose any of the penalties specified in Rule 14 under these Rules.

(2) A disciplinary authority, competent under these Rules to impose any of the penalties specified in clauses (i) to (v) of Rule 14, may institute disciplinary proceedings against any government servant for the imposition of any of the penalties specified in clauses [(vi) to (xi)] of Rule 14 notwithstanding that such disciplinary authority is not competent under these Rules to impose any of the penalties under clauses [(vi) to (xi)] of Rule 14.