Chapter-10 Punishment and appeal

Chapter-10 Punishment and appeal
72. Punishment : An employee may be subjected to the department punishment as follows if there exist appropriate and sufficient reasons:
(a) Ordinary Punishment 52 :
(1) Censure,
(2) Withholding of promotion for up to Two years,
(3) Withholding of a maximum of Two salary increments,
(4) Withholding of promotion for up to Five years,
(5) Withholding of a maximum of Five salary increments,
(6) Demoting to the basic scale of the post.
(b) Special punishment:
(1) Removal from service, without being disqualified for
government service in the future.
(2) Dismissal from service, with being disqualified for
government service in the future.
73. Censure or withholding of promotion for up to Two years or withholding of a maximum of Two salary increments : Punishment of censure or withholding of promotion for up to Two years or withholding of a maximum of Two salary increments may be imposed on an employee, in any of the following circumstances:
(a) If he or she commits breach of discipline for more than One time,
(b) If he or she violates the matters relating to conduct mentioned in this Act and the Rules framed hereunder,
(c) If he or she fails to hand over the charges pursuant to the prevailing law,
(d) If he or she is given warning for up to Two times a year under Section 68,
(e) If he or she fails to settle advances pursuant to the prevailing law,
(f) If he or she fails to observe any direction given by the official superior to him or her in respect of his or her frequent disregard of grievances and complaints of the stakeholders,
(g) If the office-bearer obliged to enforce, or cause to be enforced,
the job description fails to do so.
73A. 54 Withholding of promotion for up to Five years or withholding of a maximum of Five salary increments or demoting to the basic scale of the post : Punishment of withholding of promotion for up to Five years or withholding of a maximum of Five salary increments or demoting to the basic scale of the post held by him or her
may be imposed on an employee, in any of the following circumstances:
(a) If he or she frequently commits breach of discipline, 54 Inserted by Nepal Health Service (Third Amendment) Act, 2063.
(b) If he or she fails to fulfill the duties of the post specified by this Act or the prevailing law in a responsible manner,
(d) If he or she fails to observe any direction given in respect of irregularities found from management audit.

74. Removal or dismissal from service :

(1) An employee may be removed from serve, without being disqualified for the health service in
the future, in any of the following circumstances:
(a) If the employee acts recklessly or with ulterior motive,
(b) If the employee fails to perform the duties or responsibilities of his or her post,
(c) If he or she frequently violates the matters relating to conduct,
(d) If he or she frequently consumes alcoholic substances during the office hours,
(e) If he or she frequently commits acts of indiscipline,
(f) If he or she takes part in politics,
(g) 55 If he or she is given censure for more than Two times in relation to failure to maintain discipline and
obedience as referred to in Section 53,
(h) If he or she absents himself or herself from his or her office continuously for Ninety days without
having sanction of a leave,
56 If he or she does not attend the office where he or she has been posted or deputed and carry out
functions,
(j) If he or she does no serve for the period as specified pursuant to Section 35.
(2) An employee may be dismissed from service, with being disqualified for the health service in the future, in any of the following circumstances:
(a) If he or she is convicted by a court of a criminal offence involving moral turpitude.
(b) If he or she commits corruption.
74A. 57 Special provisions relating to departmental action and punishment : Notwithstanding anything contained elsewhere in this Act, if, pursuant to the Commission for the Investigation of Abuse of Authority Act, 2048 (1991), that Commission, and, pursuant to the prevailing law, the concerned body writes for departmental action
against any employee, departmental punishment must be imposed accordingly, after fulfilling the required procedures.
75. 58 Departmental punishment awarding official :

(1) The Authority shall have the powers to issue order of punishment to the employees.
(2) Without prejudice to the generality of the powers conferred by Sub-section (1), the official to award punishment to the employees shall be as prescribed.
76. Appeal against order of departmental punishment : (1) Such
employee may make an appeal to the Administrative Court formed
pursuant to Sub-section (1) of Section 69 of the Civil Service Act, 2049
(1993) against an order of special punishment issued by the official
authorized to issue order of departmental punishment pursuant to Sub-
clause (1) or (2) of Clause (b) of Section 72.
(2) If any employee is reinstated by virtue of the final settlement
of an appeal pursuant to this Section in respect of such employee, his or
her service shall not be restated if he or she does not come to attend
office within Three months of the date of receipt of the notice of that
decision.
(3) If the appellant so desires, he/she may appear on the
appointed dates in person or by attorney and appoint a legal practitioner
for pleading.
77. 59 Delegation of powers to award departmental punishment and
hear appeal : The Government of Nepal may, by a Notification in the
Nepal Gazette, delegate the powers of any official empowered to issue
order of punishment pursuant to Section 75 to any other official
specified in that Notification, to be exercised for such period as
specified in that Notification.
78. Powers to suspend : (1) If the investigation of any charge mentioned
in Section 74 is to be conducted in respect of any employee, the official
empowered to issue order of punishment may suspend such an
employee until the conclusion of the investigation.
Provided that, generally suspension shall not be ordered unless
the following circumstance exists:
(a) Where there is a possibility that he/she can collect
false evidence or conceal any evidence against
him/her if he or she is not suspended and is allowed
to carry out the duties of his or her post, or
(b) Where there is a possibility of governmental loss or
damage if he or she is not suspended and is allowed
to carry out the duties of his/her post.
(2) The official empowered to issue order of punishment to an
employee may give a notice of the charge to him/her on his/her removal
or dismissal from service, and may also suspend him/her.
(3) In suspending any employee pursuant to Sub-section (1),
he/she must not be suspended ordinarily for more than Two months.
The action against the employee must be completed within that period.
If such action cannot be completed within that period because of the
occurrence of any extra-ordinary circumstance and the period of
suspension has to be extended, the period of suspension may be
extended for up to one month with the prior approval of the Authority.
(4) Any employee arrested and detained for a criminal charge
involving moral turpitude shall be deemed to have ipso facto been
suspended during the period of such detention.
79. Termination of suspension : If any employee is reinstated in his or
her post or he or she is removed or dismissed from service, his or her
suspension shall stand terminated.
80. Providing opportunity for defense : (1) The official empowered to
issue order of departmental punishment must, prior to issuing an order
of punishment to any employee, serve on him or her a notice,
explaining the reason for taking such action and give an opportunity to
defend him/herself within a reasonable time limit. In giving such
opportunity, the charge against him/her must be clearly indicated and
the facts and grounds on which each charge is based must be specified.
In such case, the concerned employee must also submit his or her
defense within the time limit.
(2) The official empowered to issue order of departmental
punishment may, if he or she thinks it necessary, conduct an
investigation either by him or herself or through any other officer. The
officer conducting the investigation must follow the prescribed
procedures.
81. To propose punishment prior to issuance of order of special
punishment : If the concerned employee does not submit defense
under Section 80 or if the defense submitted by such employee is not
satisfactory, the official empowered to issue order of departmental
punishment must, prior to issuing an order of special punishment, ask
such employee to furnish an explanation why the proposed punishment
intended to be imposed on him/her should not be imposed on, within a
reasonable time limit in this respect.
82. Seeking consultation of Public Service Commission : If it appears
that the defense submitted under Section 80 or the explanation
furnished under Section 81 by the concerned employee in the course of
action on departmental punishment is not satisfactory and punishment
is to be imposed on such employee, the official empowered to issue
order of departmental punishment must propose the punishment
intended to be imposed on that employee and seek consultation of the
Public Service Commission.
83. Procedures for seeking consultation of Public Service
Commission : (1) In writing to the Public Service Commission under
Section 82 in respect of departmental punishment against any
employee, all related documents showing that why such departmental
punishment is intended to be awarded for what offense and explanation,
if any, furnished on behalf of the concerned employee have to be
submitted to the Public Service Commission.
(2) In the event of requirement of any details on the employee, in
addition to the documents received pursuant to Sub-section (1), the
Public Service Commission may seek the same from the concerned
official; and it shall be the duty of that official to provide the details
sought by the Public Service Commission.
84. Not to remain in service : (1) The following employees shall cease
to hold office in the following conditions:
(a) In the event of holding a post with fixed term, on
termination of the term of that post,
(b) Where the employee has gone away and whose
whereabouts are not known or there is adequate
ground that it is not possible to establish contact
with him or her,
(c) Where the name registration is cancelled by the
health related professional council established
pursuant to the prevailing law.
(2) The Authority shall give information that he employee ceases
to hold office in the service in circumstances of Clauses (b) and (c) of
Sub-section (1).
85. Decision not to be affected : No decision shall be affected by any
minor error which does not cause substantial effects on the action
against any employee conducted by the competent authority pursuant to
this Act or the Rules framed hereunder