Amendment to All India Services (Discipline and Appeal) Rules, 1969

A

This notification amends the All India Services (Discipline and Appeal) Rules, 1969, specifically concerning the submission of memorials to the President. The amendment clarifies that a member of the service can submit a memorial against an order from the Central or State Government if they are aggrieved. However, such memorials are not permitted for interlocutory orders or those that are merely step-in-aid for disciplinary proceedings. Crucially, a memorial can only be submitted after all other available remedies, such as appeal, review, and revision, have been exhausted. Furthermore, the memorial must be submitted within ninety days from the date of passing of an order in any appeal, review, or revision process.

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[TO BE PUBLISHED IN PART II, SECTION 3, SUB SECTION (I) OF THE GAZETTE OF INDIA, EXTRAORDINARY]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
$* * * * * * *$

New Delhi, dated the $22^{\text {nd }}$ November, 2010.

Notification

GSR
(E) – In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the State Governments, hereby makes the following rules further to amend the All India Services (Discipline and Appeal) Rules, 1969, namely:-

  1. (1) These rules may be called the All India Services (Discipline and Appeal) Amendment Rules, 2010.
    (2) They shall come into force on the date of their publication in Official Gazette.
  2. In the All India Services (Discipline and Appeal) Rules, 1969, in rule 25, for sub- rule (1), the following sub-rule shall be substituted, namely:-
    “(1) A member of the Service shall be entitled to submit a memorial to the President against any order of the Central Government or the State Government by which he is aggrieved :

Provided that —
(a) no memorial shall lie against any order which is interlocutory in nature or of the nature of step-in-aid for final disposal of disciplinary proceedings;
(b) such memorial shall be submitted only after all other remedies provided in these rules, including appeal, review and revision have been exhausted;
(c) such memorial shall be submitted within a period of ninety days, from the date of passing of an order in any appeal, review or revision, as the case may be, by the Central Government or the State Government as the case may be”.
[F.No.11018/3/2010-AIS-III]Note: The principal rules was published vide Notification No. 7/15/63-AIS (II) dated the $20^{\text {th }}$ March, 1969 and subsequently amended as under:
i) G.S.R No. 588 dated the $24^{\text {th }}$ April, 1971
ii) Notification No. 13/4/71-AIS(III) dated the $11^{\text {th }}$ January, 1972
iii) Notification No. 31/7/72-AIS(III) dated the $22^{\text {nd }}$ May, 1972
iv) G.S.R No.872, dated the $19^{\text {th }}$ July, 1975
v) G.S.R No. 985 dated the $9^{\text {th }}$ August, 1975
vi) G.S.R No. 988 dated the $9^{\text {th }}$ August, 1975
vii) G.S.R No. 358 dated the $19^{\text {th }}$ Marcy, 1977
viii) G.S.R No. 983 dated the $30^{\text {th }}$ July, 1977
ix) G.S.R No. 753 dated the $17^{\text {th }}$ June, 1978
x) G.S.R No. 1415 dated the $2^{\text {nd }}$ December, 1978
xi) Notification No. 11018/13/78-AIS(III) dated the $4^{\text {th }}$ January, 1979
xii) Notification No.11018/11/78-AIS(III) dated the $16^{\text {th }}$ June, 1979
xiii) G.S.R No. 1220 dated the $29^{\text {th }}$ November, 1980
xiv) G.S.R No. 959 dated the $31^{\text {st }}$ October, 1981
xv) G.S.R No. 92 dated the $31^{\text {st }}$ January, 1982
xvi) G.S.R No. 612 dated $20^{\text {th }}$ August, 1983
xvii) G.S.R No. 162 dated the $18^{\text {th }}$ February, 1984
xviii) Notification No. 11018/2/87-AIS(III) dated the $9^{\text {th }}$ February, 1988
xix) Notification No. 11018/7/87-AIS(III) dated the $26^{\text {th }}$ February, 1988
xx) G.S.R No. 130 dated the $25^{\text {th }}$ July, 1998
xxi) G.S.R No. 177 dated the $12^{\text {th }}$ September, 1998
xxii) G.S.R No. 212 dated the $17^{\text {th }}$ June, 2000
xxiii) G.S.R No. 118 dated the $13^{\text {th }}$ April, 2002
xxiv) G.S.R No. 249 dated the $12^{\text {th }}$ July, 2003.
xxv) G.S.R.No. 714E dated $30^{\text {th }}$ September, 2009

To
The Manager,
Government of India Press,
Mayapuri Ring Road, New Delhi

No. 11018/3/2010-AIS-III
Dated the $22^{\text {nd }}$ November, 2010
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    (Roli Singh)
    Director(Services)

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