Section 38 in U.P. Zila Panchayats Service Rules, 1970
38. Consultation with the Commission in certain cases.
- Before a final decision to impose the punishment of dismissal, removal or reduction in rank is taken in respect of a servant of a [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.], whose appointment has been made in consultation with the Commission under sub-section (1) of Section 43 or clause (a) of subsection (2) of Section 46 or Section 47 or sub-section (1) of Section 54 of the Act or under the provisions of the Uttar Pradesh [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] (Central Transferable Cadre) Rules, 1966, the appointing authority shall cause a reference of the matter to be made to the Commission furnishing them with all the relevant papers on the subject. The Commission shall after considering the fact of the case advice the appointing authority (if this be a [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.], through its Mukhya Adhikari) as to the liability of the servant to punishment and as to the nature of the punishment that may be imposed on him :Provided that, if in any case it is not possible for the appointing authority, even after further correspondence with the Commission in the matter, to accept, the Commission's advice-(i)where the appointing authority is the State Government, a full statement of the reason for such disagreement shall be placed on record and communicated to the Commission; and(ii)where the appointing authority is the [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.], a full statement of reasons for such disagreement along with all connected papers shall be forwarded by the Mukhya Adhikari to the State Government whose decision on the matter, taken after consultation with the Commission, shall be final.
