Role of TNPSC
As per article 320(3)(c) of Constitution of India, the Government seeks the opinion of the TNPSC on the matters relating to disciplinary action/appeal/review/revision as specified in the TNPSC Regulations 1954.
The Commission being an advisory body to the Government, it offers its opinion only on the proposals received from the Government. The Tamil Nadu Civil Services (Discipline And Appeal) rules specifies the procedures to be followed while taking disciplinary actions against the Government Servants. The Government Servants shall be offered sufficient opportunities to defend themselves.
Whenever the Government seeks the opinion of the Commission on the disciplinary cases, the Commission offers its opinion, after examining whether all the procedures prescribed under Tamil Nadu Civil Services (Discipline And Appeal) rules have been followed. The Government issue orders on such disciplinary matters only after obtaining the views of the Commission.
In accordance with the procedures prescribed under Tamil Nadu Civil Services (Discipline and Appeal) Rules, the Government Servants (delinquent officers) are asked to state whether they require Oral Enquiry or Personal Hearing or both. However, an Oral Enquiry shall be conducted whether they require it not in cases where charges are framed under rule 17(b) of the Tamil Nadu Civil Services (Discipline And Appeal) rules.
The enquiry conducted should be satisfactory to the delinquent officer and the further explanation on the report of the enquiry should be obtained. After following the required procedures of the discipline and appeal rules, the punishment shall be imposed on the Government official. If there is any flaw in the procedures, such omissions will be pointed out to the Government for rectification and return before offering the views of the Commission.
When disciplinary action is taken against a Government servant for the irregularities committed by him and punishment imposed by the punishing authority, the delinquent official shall make, an appeal petition against the imposed punishment, to the HOD or Government as the case may be The Commission also offers its opinion to the Government on the Review Petition preferred by the affected Government Servants against the punishment imposed by the Government themselves. The Government issue orders on such review petitions after obtaining the views of the Commission.
The Commission examines whether the procedures prescribed under Tamil Nadu Civil Services (Discipline and Appeal) Rules are being followed scrupulously and accordingly tenders its views to Government. The Government issue orders in accordance with the views of the Commission. Whenever the Government issue orders in deviation of the Commission's views, such cases will be Commented in the Annual Report of the Commission.