Form – Order for imposing penalty on a Government servant on his conviction

Standard  Form  of  order  for  imposing  penalty  on  a  Government  servant  on  his  conviction

[Under Rule ……….. of the …………………………… Rules]

Ministry/Department/(Name of organization)

(address)

MEMORANDUM

No……                                                                                               Dated…………

WHEREAS Shri/Smt./Ms.…………………………………(here enter name and designation of the Government servant) has been convicted on a criminal charge under section ……………………(here enter  the  section  or  sections  under  which  the  Government  servant  was  convicted)  of …………………………. (here enter the name of the statute concerned) and has been awarded a sentence of……………………….(here enter the sentence awarded by the Criminal Court) by the ……………………………(here  enter  the  name  of  the  Criminal  Court)  in  ……………………No………………dated the …………………

AND WHEREAS the President of India/undersigned provisionally decided to impose the penalty of. …………………….(here enter the penalty) specified in Rule __ of the …………….. (name of Rules), …. (year of Rules), on the said Shri/Smt./Ms. ………………………..(here enter name and designation of the Government servant) on the basis of the facts which led to his/her conviction in the said Criminal Court.

AND WHEREAS Shri/Smt./Ms.…………………… (here enter name of the Government Servant) was given an opportunity to offer his/her written representation against the proposed penalty.

AND WHEREAS the said Shri/Smt./Ms.………………(here enter name of the official) has given a written representation which has been duly considered by the President of India/undersigned in consultation with the Union Public Service Commission. A copy of the Union Public Service Commission’s letter No. ……………… dated ………………….., containing their advice in the case is enclosed.

NOW, THEREFORE, in exercise of the powers conferred by Rule ….. of the …………. (name of Rules), …. (year of Rules), *and in consultation with the Union Public Service Commission, the President of India/undersigned hereby imposes the penalty of …………………………………. (here enter the penalty) specified under clause (………………………) of Rule __ of the ……………… (name of Rules), ….. (year of Rules) on the said Shri/Smt./Ms. …………………………..(here enter the name and designation of the Government Servant) with immediate effect.

[To be signed by the officer authorised to authenticate on behalf of the President of India where the President is the disciplinary authority. In other cases it is to be signed by the competent disciplinary authority who passes the order]

Copy to:-

1.       Shri/Smt./Ms.………………….

2.       The Secretary, UPSC, Shah Jahan Road, New Delhi, with reference to their letter No………… dated ……….. (in cases where the Commission was consulted)

3.       The Secretary, Central Vigilance Commission, Satarkata Bhawan, INA, New Delhi, with reference to their O.M. No……………… dated ………………. (in cases where the officer concerned is within the purview of the Commission)

4.       The Pay & Accounts Officer concerned.

* Consultation with the UPSC only where the President of India is the disciplinary authority.

Note: In the above Form, portion not required should be struck out according to the circumstances of each case.

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