for the expression "rule 11", the expression "rule 12" shall be substituted; (2) rule 11 shall be omitted; (3) in rule 12,- (i) in subrule (1),after the second proviso, the following proviso shall be added, namely:- "Provided also that the High Court of Judicature at Madras may impose on members of the. Tamil Nadu State Judicial Service any of the penalties specified in items (i), (iii), (iv), (v) and (ix) in rule 8."; (ii) for sub-rule (2), the following sub-rule shall be substituted, namely:- "(2) Notwithstanding anything contained in these rules, the appointing authority or any authority administratively higher to the appointing authority may impose the penalties specified in items (i),(iii) to (viii) and (ix) of rule 8 on members of the State Services: Provided that where the members of the State Services have been appointed by the Government or by any authority administratively higher than the appointing authority, the penalties mentioned in item (iii) in so far as it relates to withholding of promotion and items (iv), (vi), (vii) and (viii) in rule 8 shall be imposed only by the Government or by such higher authority: Provided further that where the State Government are the appointing authority for members holding the posts included, in the State Services, the Heads of Departments concerned may impose any of the penalties specified in items (i) and item (iii) in so far as it relates to withholding of increments and items (v) an (ix) in rule 8 on those members other than such members who are immediately below such Heads of Departments: Provided also that all authorities directly higher to the members holding the posts included in the State Services may frame charges against such members of the State Services under rule 17(b) or issue show cause notice under rule 17(a) even if they are not the competent authority to impose the penalty and they may conduct the inquiry themselves or request the competent authority to appoint an inquiry officer to conduct the inquiry. They shall remit the papers to the competent authority for passing final . orders, after the case is processed upto the level of completion of inquiry or after receipt of explanation to show cause notice, as the case may be: Provided also that where the appointing authority. or the authority administratively higher to the appointing authority, have passed orders of suspension under rule 17(e) on the members of the State Services, they may exercise the power to impose the penalty specified in item (ix) in rule 8 on such members."
