Section 26 in Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012
26. Penalties:-
One or more of the following penalties for good and sufficient reasons maybe imposed on a Member of the Service, namely:Minor Penalties -(i)censure;(ii)withholding of his promotion;(iii)recovery from his pay of the whole or part of any pecuniary loss caused byhim to the Government or High Court by negligence or breach of orders;(iii a) reduction to a lower stage in the time-scale of pay by one stage for a periodnot exceeding three years, without cumulative effect and not adverselyaffecting his pension.(iv)withholding of increments of pay;Major Penalties -(v)save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether ornot the Member of the Service will earn increments of pay during the periodof such reduction and whether on the expiry of such period, the reductionwill or will not have the effect of postponing the future increments of hispay;(vi)reduction to lower time-scale of pay, grade, post or Service which shallordinarily be a bar to the promotion of the Member of the Service to thetime-scale of pay, grade, post or Service from which he was reduced, withor without further directions regarding conditions of restoration to the gradeor post or service from which the Member of the Service was reduced andhis seniority and pay on such restoration to that grade, posts or service;(vii)compulsory retirement;(viii)removal from service which shall not be a disqualification for futureemployment under the Government;(ix)dismissal from service which shall ordinarily be a disqualification for futureemployment under the Government.Provided that, in every case in which the charge of possession of assetsdisproportionate to known source of income or the charge of acceptance from anyperson of any gratification, other than legal remuneration, as a motive or reward fordoing or forbearing to do any official act is established, the penalty mentioned inclause (viii) or clause (ix) shall be imposed:Provided further that in any exceptional case and for special reasons recorded inwriting, any other penalty may be imposed.EXPLANATION - The following shall not amount to a penalty within the meaningof this rule, namely:-(i)withholding of increments of a Member of the Service for his failure topass any departmental examination in accordance with the rules or ordersgoverning the Service to which he belongs or post which he holds or theterms 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 orofficiating capacity, after consideration of his case, to a Service, grade orpost 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 isconsidered to be unsuitable for such higher Service, grade or post or on anyadministrative ground unconnected with his conduct;(v)reversion of a Member of the Service, appointed on probation to anyother Service, grade or post, to his permanent Service, grade or post duringor at the end of the period of probation in accordance with the terms of hisappointment or the rules and orders governing such probation;(vi)replacement of the services of a Member of the Service, whose serviceshad been borrowed from a State Government or any authority under thecontrol of a State Government, at the disposal of the State Government orthe authority from which the services of such Member of the Service hadbeen borrowed;(vii)compulsory retirement of a Member of the Service in accordance withthe 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 endof the period of his probation, in accordance with the terms of hisappointment or the rules and orders governing such probation, or(b)of a temporary Member of the Service in accordance with the provisionsof 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, inaccordance with the terms of such agreement.
