Disciplinary Cases / Mercy Petition


Review Petitions under Rule 34 of Rajasthan Civil Services(CCA) Rules, 1958:-

Notwithstanding anything contained in these rules, the Governor may, on his own motion or otherwise, after calling for the records of the case, review any order which is made or appealable under these rules or the rules repealed by rule 35 and, after consultation with the Commission where such consultation is necessary:-

        (a) Confirm, modify or set aside, the orders;

        (b) Impose any penalties or set aside, reduce, confirm or enhance the penalty  imposed by the order;

        (c) remit the case to the authority which made the order or to any other  authority directing such further action or inquiry as he considers proper  in the

             circumstances of the case; or 

        (d) Pass such other orders as he deems fit;

 

Provided that-

(i) An order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty;

(ii) if the Governor proposes to impose any of the penalties specified in clauses (iv) to (vii) of rule 14 in a case where an inquiry under rule 16 has not been held, he shall subject to the provisions of rule 19, direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry, pass such orders as he may deem fit.

(iii) No action under this rule shall be initiated more than three years after the date of order to be reviewed.

Note:–  This rule shall not apply in the case of a member of Rajasthan Judicial Service and the staff of Subordinate Courts against whom an order imposing any of the penalties specified in Rule 14, except the penalty of removal or dismissal from service is made by the Administrative Judge or a Judge nominated by the Chief Justice of the High Court or when an order is made by the Committee of the Court in appeal.

Petitions under Article 161 of the Constitution of India:-

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends