Section 7 in Assam Service (Discipline and Appeal) Rules, 1964
7. Nature of penalties.
- The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:-(i)Censure;(ii)Withholding of increments or promotion;(iii)Recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders to the Government of Assam or the Central Government or any other State Government, or any local or other authority to whom services of a Government servant had been lent;(iv)Reduction to a lower Service, grade or post, or to a lower time-scale, or to a lower stage in a time-scale;(v)Compulsory retirement;(vi)Removal from service which shall not be a disqualification for future employment;(vii)Dismissal from service which shall ordinarily be a disqualification for future employmentExplanation. - The following shall not amount to a penalty within the meaning of this rule-(a)Withholding of increments of a Government servant for failure to pass a departmental examination or successfully undergo training prescribed in accordance with the rules or orders governing the service or post or the terms of his appointment;(b)Stoppage of a Government servant at an efficiency bar in the time-scale on the ground of his unfitness to cross the bar;(c)Non-promotion whether in a substantive or officiating capacity of a Government servant, after due consideration of his case to a Service, grade or post for promotion to which he is eligible;(d)Reversion to lower Service, grade or post of a Government servant officiating in higher Service, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher Service, grade or post or on administrative grounds unconnected with his conduct;(e)Reversion to his permanent Service, grade or post of a Government servant appointed on probation to another 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 probation;(f)Compulsory retirement of a Government servant after completion of 25 years qualifying service or 30 years qualifying service as the case may be, under the provisions of Articles 103, 104 of the Assam Pension Manual and Rule 1(2) of Section I of the Assam Liberalized Pension Rules:(g)Termination of the Services-(i)Of a Government servant appointed on probation, during or at the end of the period on probation, in accordance with the terms of his appointment or the rules and orders governing probation; or(ii)Of a Government servant employed under an agreement in accordance with the terms of such agreement;(iii)Of a Government servant whose term of appointment provides for the termination of service by either party giving notice for a specified period;(iv)Of a Government servant in whose case the appointment is expressly stated to be on temporary basis and to have been sanctioned until further orders and it is also provided that his services may be terminated at any time without notice.
