The All India Services (Discipline And Appeal) Rules, 1969

RULE 9. Action on the inquiry report:

Government of India's Decisions

When a member is adjudged guilty of committing any act or omission which renders him liable to any of the penalties specified in rule 3 other than dismissal, removal or compulsory retirement, the State Government under whom he was serving at the time of such act or omission, shall make a reference direct to the Union Public Service Commission for their advice as to the quantum of penalty to be imposed on him. The Commission would communicate their advice direct to the State Government concerned under intimation to the Department of Personnel and A R in the case of IAS and Ministry of Home Affairs in the case of IPS and the Department of Agriculture in the case of IFS. The State Government should endorse copies of their final orders to the Commission and the Ministry of Home Affairs. If, however, the State Government do not accept the advice of the commission in any case, they will have to make a reference to the Government of India in accordance with the proviso to rule 6.

Cases referred to the Commission and the Government of India should be complete in all respects. All the documents in connection with the case should invariably forwarded be in original.

[G.I., M.H.A. letter No. 7/1/59-AIS(II), dated 9th June, 1959 read with letter No. 73/60-AIS(II), dated 17th March, 1960]