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State of Madhya Pradesh - Section

Section 12 in The M.P. Civil Services (Classification, Control and Appeal) Rules, 1966

12. Disciplinary authorities.

(1)The Government may impose any of the penalties specified in Rule 10 on any Government servant.
(2)Without prejudice to the provisions of sub-rule (1), but subject to the provisions of sub-rule (3), any of the penalties specified in Rule 10 may be imposed on-
(a)a member of State Civil Service by the appointing authority or the authority specified in the Schedule in this behalf or by any other authority empowered in this behalf by a general or special order of the Governor;
(b)a person appointed to a State Civil post by the authority specified in this behalf by a general or special order of the Governor, or [xxx] [Omitted by Notification No. 503-CR-437-I-(iii) 72, dated 25-2-1972.] by the appointing authority or the authority specified in the Schedule in this behalf.
(3)Notwithstanding anything contained in this rule :-
(a)no penalty specified in clauses (v) to (ix) of Rule 10 shall be imposed by any authority subordinate to the appointing authority:
[Provided that the High Court shall have the power to impose all the penalties except penalties as specified in clause (vi) (so far as it relates to reduction in rank i.e., post of service), and clauses (vii) to (ix) of Rule 10.] [Added by Notification No. C-6-3-98-3-I, dated 20th May, 1998.]
(b)where a Government servant who is a member of a service, is temporarily appointed to any other service or post, the authority competent to impose on such Government servant any of the penalties specified in clauses (v) to (ix) of Rule 10 shall not impose any such penalties unless it has consulted such authority, not being an authority subordinate to it, as would have been competent under sub-rule (2) to impose on the Government servant any of the said penalties had he not been appointed to such other service or post.
Explanation. - Where a Government servant belonging to a service or holding to a service or holding a State civil post of any class, is promoted, whether on probation or temporarily to the service or civil post of the next higher class, he shall be deemed for the purposes of this rule to belong to the service of, or hold the State civil post of such higher class.