Section 27 in High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011
27. Punishment / Penalties.
- The following penalties may for the good and sufficient reasons, and as hereinafter provided, be imposed upon any Staff or any Member of the Establishment, namely:-Minor Penalties :(i)censure;(ii)fine;(iii)withholding of increments or promotion;(iv)recovery from pay of any loss caused to the Court by negligence of duty or breach of orders.Major Penalties(v)withholding of increments or promotion with Cumulative effect.(vi)reduction to a lower post, rank, in a lower class or category or grade;(vii)pre-mature (compulsory) retirement;(viii)removal from service, which does amount not disqualification for future employment.(ix)dismissal from service, which shall ordinarily be disqualification for future employment.Explanation. - (1) The termination of employment of a Court employee or reversion of a Court employee to the post originally held by him/her during or at the end of the period of probation, or the termination of employment of a temporary Court employee or the replacement of the service of a Court employee whose services have been borrowed from any office outside the Court at the disposal of the authority which had lent the services, does not amount to removal or dismissal within the meaning of this Rule.(2)The non-promotion of a Court employee after due consideration of his/her case, to a post or grade to which promotions are made by selection on merit does not amount to withholding of promotion within the meaning of this Rule.(3)The reversion to a lower post of a Court employee, who is officiating in a higher post, for failure to pass the prescribed Departmental Examination or if he/she is found to be unsuitable during the period of his/her officiation or for administrative reasons (such as return of permanent incumbent from leave or deputation, availability of a more suitable officer, and the like) does not amount to reduction in rank within the meaning of this Rule.(4)The compulsory retirement of a Court employee in accordance with the provisions relating to his/her superannuation or retirement shall not amount to penalty under this Rule.(5)The withholding of a increment of a Court employee for failure to pass Departmental Examination or any language examination in accordance with the Rules or orders governing the post does not amount to withholding of increment within the meaning of this Rule.
