Role of TNPSC
The Commission being an advisory body to the Government, as per article 320(3)(C) of Constitution of India, the Government seeks the opinion of the TNPSC on the matters relating to disciplinary cases of State and Subordinate Services.
Tamil Nadu Civil Services specify a procedures for inflicting minor penalty (17(a)) and another Comprehensive procedure for inflicting in major penalty (17(b)) when disciplinary action is taken against a Government Servant. The above said procedure the Government Servants shall be offered sufficient opportunity 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.
After following the required procedures of the Tamil Nadu Civil Services (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 rectify the flaw after offering the views of the Commission.
When disciplinary action is taken against a Government Servant the punishment imposed by the HOD/Appointing Authority, the officer affected Government servants 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. 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. Further, the Commission examines carefully and advise the Government in case relating to prosecution proceedings under the Tamil Nadu Pension Rules 1978. 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.