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State of Rajasthan - Section

Section 11 in Rajasthan Public Service Commission (Limitation of Functions) Regulations, 1951

11.

It shall not be necessary for the Commission to be consulted -
(i)On disciplinary matters, including memorials and petitions relating to such matters, when the order is to be passed by an appointing authority other than the Government;
(ii)Before drawing up or directing the drawing up of proceedings against any Government servant with a view to disciplinary action;
(iii)At any stage of disciplinary proceedings until the case is ready for the final decision.
(iv)When the order is passed by Government and is -
(a)An order of suspension passed in order to enable an enquiry to be held;
(b)An order relating to the discharge or reversion of an officer otherwise than as a penalty;
(c)[ An order imposing any punishment in respect of a person for whose appointment consultation with the Commission is not necessary;] [Added vide Notification dated 12.03.1975]
(d)[ An order imposing any punishment other than dismissal or removal from service or reduction to lower service grade or post, or to a lower time-scale or to a lower stage in a time-scale or reduction of pension to an amount lower than due under rules or withholding or withdrawing pension or any part of it, whether permanently or for a specified period or recovery from pay or pension of the whole or part of any pecuniary loss caused to the Government by negligence or breach of law, rule or order.] [Substituted for Vide Notification dated 11.08.1972]
(v)[ In respect of officers of the R.H.J.S & RJS:] [Added Vide Notification dated 26.05.1977]
Explanation: 1 - The discharge -
(a)Of a person appointed on probation during or at the end of the period of probation grounds arising out of the specific conditions of probation;
(b)Of a person otherwise than under contract to hold a temporary appointment on the expiration of the period of appointment;
(c)Of a person engaged under contract in accordance with the terms of his contract; and
(d)Of a person in the services of any of the Covenanting States, who has been found, in accordance with the integration rules, either surplus or unsuitable for appointment to the services of the State of Rajasthan shall not be deemed to amount to removal or dismissal for the purposes of this Regulation.
Explanation: 2 - The discharge of a person appointed on an ad hoc or provisional basis to any of the posts in the Rajasthan Services, otherwise than or reasons of his being found surplus or unsuitable for appointment to the services of the State of Rajasthan shall amount to removal or dismissal as the case may be.Explanation: 3 - Reduction to a lower post of a person appointed on an ad hoc or provisional basis to any of the posts in the Rajasthan Services consequent on the enforcement of the Schemes for the integration of the Services of the Covenanting States in the Services of the State of Rajasthan shall not be deemed to amount to a penalty within the meaning of this Regulation.Explanation: 4 - The extension of the probationary period on grounds arising out of the specific conditions of probation shall not be deemed to be a penalty within the meaning of this Regulation.