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The Government Servants

(Discipline and Appeal)
Rules, 2018

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Session Plan How came into light ?

❑ Discussion and Explanations if you ask question
❑ Group Discussion by your-selves
❑ Clarification if required by the facilitator
❑ Individual Class Test.
Norms
❑ Please clarify about any confusion
❑ This is a practice session for your whole
service-life; So don’t deceive your-self
❑ Try to understand carefully, not to memorize
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• No.S.R.O.110-law/2018 In pursuance of the Proclamation
of the 18th April, 2018 and in exercise of all powers
enabling him in that behalf, the President, after
consultation with the Bangladesh Public Service
Commission, is pleased to make the following rules,
namely :-
• 1(1) These rules may be called the Government
Servants (Discipline and Appeal) Rules, 2018
• 1(2) they shall come into force at once (18th April, 2018)
 The Government Servants (Discipline Where applicable ? [(Rule 1(2)]
and Appeal) Rules, 2018
Shall apply to all Govt. servants, except-
1. Part I : General (Rule 1 – 2) a. To whom Railway Establishment code applies
b. Subordinate Officers of Metropolitan Police
2. Part II : Discipline (Rule 3 – 15)
c. Police Officers below the rank of Inspector
3. Part III : Appeal (Rule 16 – 21)
d. Sub. Officers, Riflemen and Signalmen of BGB
4. Part IV : Review and Revision (Rule 22 – 24) e. Sub. Jail Officers below the rank of Jailor of BDJ
5. Part V : Miscellaneous (Rule 25– 28) f. Services & Posts specified by the Govt. by G.N.

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g. Persons in contract service. 6

Grounds for Penalty (Rule Penalties (Rule 4)

3) ❑ Minor
a) Censure
b) Withholding promotion or increment for a period
(a) c) Recovery of pecuniary losses from pay or gratuity
Inefficiency d) Reduction to a lower stage in the time scale.

❑ Major
(b)
(e) a) Reduction to a lower post or time-scale
Misconduct
Subversion b) Compulsory retirement
c) Removal from service
d) Dismissal from service.
(c) (d)
Desertion Corruption
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 Which Penalty for which offence [Rule 4(5)]
Offence Penalty
Inefficiency by reason of Any penalty except censure and
infirmity of mind or body dismissal
Other Inefficiency Any penalty except dismissal
Misconduct Any penalty
Desertion Any penalty except censure
Corruption Any penalty and for repetition of
offence any penalty except
reduction to a lower post or
time-scale
Subversion Any penalty except reduction to a
lower post or time-scale 9 10
How penalty can be imposed ?
❑ Can be imposed only through a departmental
Proceeding
❑ Departmental proceeding starts through Framing
of Charge
❑ Can be imposed through an Office Order or
Notification stating the of offence and Penalty
along with rules
❑ Departmental proceeding is
quasi-judicialDepartmental proceeding is
quasi-judicial in nature; hence penalty can not be
imposed violating the rules.

Framing of Charge (for minor penalty)
(Ref: Rule 6)
▪ Charge should be –
– In writing
– Specific; not vague
– With adequate information (Facts/Date/time/Place)
So that the accused may easily understand the allegations
he is going to face
▪ What offence(s) appear(s)
▪ Call upon the accused to explain his conduct with in 10
working days ( 7 days extension)
▪ Whether the accused desires to be heard in person
▪ SigningSigning by the Appointing/Competent
Authority.
Framing of Charge (for major penalty)
(Ref: Rule 7)
• Charge should be –
- In writing
- Specific; not vague
- With adequate information (Facts/Date/time/Place)
• What offence(s) appear(s)
• Specify the penalty proposed to be imposed
• Accompanied with a statement of allegation
• To show cause within 10 days (with 10 days extension)
why the proposed penalty should not be imposed
• Whether the accused desires to be heard in person
11 • Signing by the Appointing/Competent Authority. 12
Procedures for Major penalty cases (Ref: Rule 7)
Inquiry Procedure (Rule 11)
Frame Reply within 10 days
Time
Consider Reply ✔ Start (notice) within 7 days from receiving of Appointment
exten
Charge (desire of P. hearing) (if any) ✔ No adjournment without recording the reasons
Further ✔ No deposition by the Conducting Officer (C.O)
Discharge
Personal hearing
Inquiry
(if desired)
✔ Record statements of PWs Record statements of PWs &
Impose minor Penalty Cross-exam by the Accused (1/1)
Discharge

Receiv ✔ Accused may consult relevant files but not the notes
e Appoint Inquiry Discharge
Report Officer/ Board ✔ Record statements of DWs & Cross-exam by CO
Impose minor
2nd Penalty ✔ No recommendation regarding penalty or otherwise
Consider
Show
Reply Reply Impose major ✔ Mention only whether the accused is guilty or not guilty against
Imp minor

Cause
Penalty

with Penalty each charge

with
in
Propos ✔ Submit report within 7 days after completion of inquiry with the
7 days
ed Consult PSC President’s Approval
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finding. 14
penalty

Suspension (Rule12)
Re-instatement (Rule 14)
• Against whom action is proposed under Clause (b),
(c) or (d) of rule 3Against whom action is proposed ❑ Re-instatement from original DP/Appeal/Review/
under Clause (b), (c) or (d) of rule 3, may placed
under suspension Revision/Tribunal
• Appointing authority or designated authority may ❑ For the purpose of rule 5(1)(a), if not convicted, be
issue suspension order of any Govt. Servant treated as duty on full pay
• Authority may order any Govt. servant to go on leave ❑ Re-instatement after suspension shall be
instead of suspension. If suspended, DP should be
started soon. governed by the Service Rule (BSR)

Entitlement during suspension period (BSR-71): ❖ In case of compulsory retirement, no pension

1. 50% of basic pay 2. 50% of DA (if any) 3. 100% Medical benefit, gratuity or provident fund benefit shall
Allowance 4. 100% House rent 5. 100% Ration (if any)
be admissible for the suspended period.
Not entitled (No. ED(Reg-IV)-202/83-39 dt.10.05.83):
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Convene, Traveling allowance, Entertainment
 Appeal (Rule 16 - 21) Forward & Disposal of Appeal (Rule 21 - 22)
Forward :
Considered by different authority with different
views • With records and comments by punishing authority

Against whom penalty imposed may file Appeal • Appellate authority may call for any withheld appeal

No Appeal against the Order of the President Disposal :

Shall consider --
Submit appeal within 3 months (may extend 3 month)
▪ All the facts and circumstances
Appellate authority to be addressed
▪ Whether procedure complied with
In polite language, shall contain all material
▪ Whether non-compliance resulted in failure of justice
arguments and self-explanatory
▪ Whether findings on the charge are justified
Shall be submitted through proper channel (Adv copy)
▪ Whether the penalty is excessive, adequate or inadequate.
The authority may withhold the appeal. 17 18

Review and Revision (Rule 22 - 24) Miscellaneous (Rule 25 – 28)

Review : ❑ Court Proceeding
✔ Govt. Servant aggrieved by the order of the President may
apply for review – No bar to proceed with DP
✔ Shall be addressed to the President – If convicted, may proceed in accordance with
✔ Shall be submitted within 3 months (extension 3 months) Government Servants Act 2018
✔ Shall be submitted through proper channel – If not convicted, may proceed with DP
Revision :
• The President may, on his own motion or otherwise, calls ❑ Not to deprive any person of any right or privilege
for the records under any other law
• Revise any order passed in appeal, or
❑ Authority designated by the President continues.
• Any order which is appealable but against which no
appeal has been preferred within one year
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 Conclusion
• It is wise to maintain Case Record for DP
• It is safe to maintain Order-sheet by I.O also
• Always consult Rules while dealing with DP
• It is safe to proceed with the procedure for
THANK YOU
VERY MUCH
Major Penalty, even for minor ones
• Please be duty-bound and impartial while
acting as I.O
• Don’t memorize but try to understand .

asshameem@yahoo.com
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Difference between
“Public servant” and “Govt. servant”

“ Stated broadly, persons who are paid for their

service out of the public exchequer are
Government servant”
- Ref: No ED (Reg VI/S-82/79-77 dated 23 July 1979

Mayors and Commissioners of City Corporations/

Municipality, University Teachers, Arbitrators etc. are
Public servant but not Government servant.
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 Page 851 - 881
Page 836 - 854
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a) Inefficiency [Rule 3(a)]
is inefficient, or has ceased to be
efficient, whether by reason of—
(i) Infirmity of mind or body, or
(ii) Failed to pass in dept. exam on 2 or
more consecutive occasions, or
(iii) Failed to appear at any such exam
without reasonable cause, or
(iv) Fail to start inquiry or submit inquiry
report in due time
(v) Otherwise, and is not likely to recover.27
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b) Misconduct [Rule 3(b) & 2(b)]
• Conduct contrary to Govt. Servant (Conduct) Rules,
1979
• Conduct unbecoming of an officer or gentleman
• Disobedience to lawful orders of superior officers
• Gross negligence of duty
• Flouting of Govt. orders, circulars and directives
without any lawful cause
• Submission of false or frivolous petitions against a
Govt. Servant
• Non-using of Bangla in office-work
• Demand of dowry
• Misbehave with spouse. 28
 c) Desertion [Rule 3(c) & 2(f)]
❑ Quitting of service without permission
❑ Absent from duty for a period of 60 days or
more
❑ Absent from duty with permission, then
remain absent for a period of 60 days or
more without further permission
❑ Leaving the country without permission
and remaining abroad for 30 days or more
❑ Leaving the country with permission, then
overstaying for 60 days or more without
further permission.
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d) Corruption [Rule 3(d)]
is corrupt, or may reasonably be considered
corrupt, because —
(i) He is or any of his dependants or any other
person through him or on his behalf is, in
possession (for which he can not reasonably
account) of pecuniary resources or of property
disproportionate to his known sources of
income, or
(ii) He has assumed a style of living beyond his
ostensible means, or
(iii) He has a persistent reputation of being corrupt.
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e) Subversion [Rule 3(e)] Article 135(2) of the Constitution

is engaged, or is reasonably
suspected of being engaged, in
subversive activities, or is
reasonably suspected of being
associated with others engaged in
subversive activities, and whose
retention of service is considered
prejudicial to national security

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 Inquiry Report Rule 6(1)
Elements of an Inquiry Report: “ …… …… …… …. … the authority or in
• Introduction (appointment, events of the cases where the President is the authority,
Inquiry and completion date) the Secretary of the Administrative Ministry
or Division …… …….”
• Prosecution Case
• Points for determination
• Analysis of evidence
• Findings.
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Delegation of Power

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Delegation of Power BSR 72
Fate of the Absence of duty Entitlement of Pay &
Case Allowance (if any)
Honourably on duty Full
acquitted
Punished but On duty or on Such portion as the
re-instated leave* (as the authority decides
authority decides)

* Will be debited to the leave account. Except extraordinary leave,

subsistence grant will be adjusted with against leave salary.

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Not applicable to a Govt. Servant on

LPR/PRL
• The date of retirement of the Govt. servant was 30-1-73
and thereafter he was on leave for 6 months preparatory
to retirement. This 6 months leave is a retirement
benefit. An order by the Govt. suspending him from
service passed after 30-1-73 and during the period when
he enjoying 6 months preparatory leave cannot be held
as an order passed when the servant was in the Govt.
service. Therefore such order passed treating him in
service is ineffective and unlawful.
- Syed Abdul Ali vs Ministry of Cabinet Affairs,
Establishment Division 31 DLR (AD) page 256

• The enquiry proceedings cannot be started after a

person has retired. – AIR 1964 page 221
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 Misconduct
• It is not correct to state that a Government servant is not
answerable to Government for his misconduct
committed in his private life as long as he is a
Government servant. - 1976 SLR (Kerala) page 749
• In an ordinary administration the action of a subordinate
officer questioning the propriety or legality of any
order of his superior officer or making any
correspondence with the Government against the
order of his superiors is regarded as misconduct and
breach of discipline.
– Md. Nehaluddin vs. Bangladesh 29 DLR page 91
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Case law
• The enquiry and the imposition of punishment
are two stages of a departmental proceedings. Both
the stages of the enquiry are indivisible and are just
one continuous proceeding and that both stages
are equally judicial. – AIR 1963 (SC) page 395
• An order awarding punishment is always a
judicial order. Any action decided to be taken
against a Govt. servant found guilty of misconduct is
a judicial order. It is thus wholly erroneous to
characterise the taking of action against a person
found guilty of any charge at a departmental inquiry
as an administrative order. – Mir
Alauddin vs. Province of East Pakistan 26 DLR
page 27
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Case law
• An officer who is acting in the place of the
appointing authority as stop-gap arrangement
while on leave is not competent to perform
statutory functions and a charge-sheet issued
by him is illegal. – 1979 SLR page 44
• The appointing authority or any authority which
is higher to the appointing authority has got
the power to issue the charge-sheet.
– AIR 1966 page 334
42
Case law
• If any enquiry is held witnesses should be
examined in presence of the delinquent
employee and he should be allowed to
cross-examine the witnesses. -MA
Hai vs. TCB 32 DLR (AD) page 46
• Where the accused was not allowed the
opportunity to cross-examine the prosecution
witness, it rendered the enquiry defective and the
consequential order of penalty is set aside.
- 1981 PLC (SC) page 384
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 Case Law
• The recommendation of the Enquiry
Officer for withholding of an increment for
two years is not permissible. Under the
rules the Enquiry Officer had no authority
to recommend any punishment. The
authority is the sole judge as to what
punishment should be awarded.
- BCSIR and Others vs. A Khaleque 43 DLR
(AD) page 209
45
Case law
• “Where no witnesses were examined on behalf of
Employer before the delinquent official was
subjected to examination by question and answer, it
was held that the enquiry was vitiated as it was not
in accordance with the principles of natural justice.”
– AIR 1969 (Orissa) page 209
• “When allegation of misconduct is leveled against a
person, it is the primary duty of the person
making those allegations to establish the same
and not for an accused to adduce negative evidence
to the effect that he is not guilty.” – SCR 1972 page-29
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Case law
• Failure to comply with a mandatory rule
invalidates an action. - 44 DLR (AD) Page
166
Case Ref: Civil Appeal No. 6 of 1990 arisen out
of Writ Petition No, 111 of 1995 in the HCD
C. Justice Shahabuddin Ahmed
Justice M. H. Rahman
Justice Latifur Rahman
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Case law
• “If any enquiry is held witnesses
should be examined in presence of the
delinquent employee and he should be
allowed to cross-examine the witness.” – M
A Hai Vs TCB 32 DLR (AD) Page 46-47
• “In a departmental proceeding the
charges should be established on
tangible evidence. Where evidence on
record was not sufficient to prove the
charge the dismissal order was held to be
not sustainable.” – 1983 PLC page 680
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 Case law Case law
• “Imposition of punishment without supplying
• “No reasonable person can reply to or show cause
copy of inquiry report – held, violation of
against vague allegations. The entire proceeding
on the basis of vague charges was illegal and
the principles of natural justice.” – 14 A.T.C.
violative of the principles of natural justice.” – 43 DLR Page 7;
page 44
• “The delinquent officer is entitled to the
• “When the charge is vague and not specific the opportunity under the constitutional
accused is deprived of making his full defence provision to make his defence against the
which violates the principle of natural justice proposed punishment of the findings of
consequently rendering the penalty imposed
the Enquiry Committee.” – Fazlul Huq
therein is unsustainable in law.” – 10 MLR (AD) page
110
Chowdhury Vs Bangladesh 30 DLR Page 144
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BSR 73
• 73 If a Govt. servant is absent from duty
by reason of being committed to prison
either for debt or on a criminal charge …..
……….., on the case directs accordingly.
Note 1 – The term “Committed to prison” as
used in the rule should be deemed to include
cases of persons “taken into custody”
Note 2 – A Govt. servant Committed to prison
either for debt or on a criminal charge should
be considered as under suspension from the
date of his arrest, and should be allowed the
subsistence grant laid down in Rule 71 until the
termination of the proceeding against him. 51 52
 53 54

10 - 5 - 50 EB - 10 - 100
1st Time Major
Scale

120 - 15 - 160 EB - 20 - 200

Minor

55 56