(1) While making a decision of departmental punishment against any civil employee, the authority empowered to order punishment shall have to make a decision by mentioning the explicit reasons upon proper evaluation of the defense, clarification submitted by such employee and all available proofs and evidences after having examined whether or not the concerned employee has been given an adequate opportunity for submission of defense or clarification. The authority empowered to so order punishment shall have to make decision as per Schedule-17, along with his or her clear opinion in respect of the order of punishment.
(2) Notwithstanding anything contained elsewhere in this Chapter, once the defense and clarification have been demanded from any civil employee by proposing one punishment, decision has not to be made in a manner to impose another punishment. Provided that, in cases where there arises a situation to increase or decrease punishment for any reason, the procedures as referred to in Rules 110 and 111 shall have to be fulfilled again.
(3) While making decision to impose departmental punishment on any civil employee pursuant to Sub-rule (1), the authority empowered to order punishment shall not make decision with effect from a date prior to the date of that decision.
Provided that, in imposing punishment in relation to the offence as referred to in Clause (g) of Sub-section (1) of Section 61 of the Act, decision may be made with effect from the following day of the expiration of Ninety days as mentioned, and in imposing punishment in relation to the offence as referred to in Clauses (a) and (b) of Sub- section (2) of Section 61 of the Act, decision may be made with effect from the date of conviction of offence by the court.
(4) The authority empowered to order punishment shall have to give, free of cost, one duplicate copy of the order of punishment made pursuant to Sub-rule (1) to the concerned civil employee.