The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a University employee, namely―
(a) Minor Penalties:-
(1) warning with a copy in the personal file;
(2) censure;
(3) withholding of promotion for a specified period upto one year;
(4) recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders, to the University; and
(5) withholding of increment(s) without cumulative effect.
(b) Major Penalties:-
(1) withholding of increment(s) with cumulative effect;
(2) withholding of promotion for a specified period more than one year;
(3) reduction to a lower stage in the pay band or pay scale for a specified period, with the specific directions as to whether normal increment shall be admissible or not during the currency of the specified period of reduction, and further, whether on the expiry of the period of reduction his pay is to be restored or not.
(4) reduction to a lower pay structure, post or service for a period of more than one year from which he has been promoted which shall ordinarily be a bar to the promotion of the University employee to the pay structure, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the pay structure, post or service from which the University employee was reduced and his seniority and pay on such restoration to that pay structure, post or service;
(5) compulsory retirement;
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(6) removal from service;
(7) dismissal from service.
Explanation.─ The following shall not amount to a penalty within the meaning of these regulations, namely:-
(i) withholding of increments of a University employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;
(ii) non-promotion of a University employee, whether in a substantive or officiating capacity, after consideration of his case, to a service, pay structure or post for promotion to which he is eligible;
(iii) withdrawal or non-grant of ACP Pay structure on foregoing promotion;
(iv) reversion of a University employee officiating in higher pay structure, post or service to a lower pay structure, post or service on the ground that he is considered to be unsuitable for such higher pay structure, post or service on any administrative grounds but not connected with his conduct;
(v) reversion of a University employee, promoted or appointed to any service, post or pay structure during or at the end of the period of probation, in accordance with the terms of his appointment or the rules and orders governing such probation;
(vi) retirement on superannuation on attaining the maximum age of retirement;
(vii) termination of the service─
(a) of a University employee appointed on probation, during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probations; or
(b) of a temporary University employee appointed otherwise than under contract, on the expiration of the period of the appointment, or on the abolition of the post or before the due time in accordance with the terms of appointment; or 87
(c) of a University employee employed under an agreement in accordance with the terms of such agreement.
Note 1.─ Punishing authorities shall notify in the University reasons for dismissal where such notification is considered desirable in the public interest.
Note 2.─ In order to guard against the inadvertent re- employment of person dismissed, from the University service, the authority passing an order of dismissal shall intimate to the Head of Criminal Investigation Department in the Police Department, Haryana, Deputy Commissioner and the Superintendent of Police of the District of which the person concerned is a permanent resident, the name of such a person and any other particulars required for purposes of identification, unless the dismissal has been notified in the University or Haryana Government Gazette. Similarly, if a person happens to be a resident of another State, the aforesaid officers of that State shall be informed accordingly.
Note 3.─ Deleted.
Note 4.─ The discharge of a person appointed to hold a temporary appointment, otherwise than in accordance with the provisions of Explanation (vii) (b) to regulation 4 amounts to removal or dismissal and is, therefore, appealable under these regulations.
Note 5.─ The distinction between censure, the withholding of promotion and nonselection to a selection post, is of considerable importance .Both censure and the withholding of promotion are appealable under these regulations. On the other hand non-selection for a selection post is not appealable.
If a University employee because of unsatisfactory record and unfavourable confidential reports, is not selected for a selection post and some other University employee junior to him is selected in preference, this does not amount to the withholding of promotion. If any inquiry is held against a University employee and an order of censure is passed on him, it is open to him to appeal. If he does not appeal or his appeal is rejected, and if subsequently 88 because of the existence of this censure in his record, he is not selected for a selection post, and some other University employee junior to him is selected in preference, this also does not amount to the withholding of promotion. If, however, an enquiry is held against a University employee, and an order is passed that he shall not be promoted to a selection post for a definite period or until he has obtained good reports, this order shall amount to the infliction of the penalty of withholding promotion. This distinction between non-selection for a selection post and the withholding of a promotion may be summed up as being, that in the former case the University employee in question is considered for selection but some other University employee is preferred on his merits, while in the latter case the University employee in question has been declared before hand, as a disciplinary measure, to be ineligible for selection, irrespective of the merits of the other University employees available.
Note 6.─(i) While reduction of seniority as an independent penalty is not provided for in regulation 4, and shall not be imposed as such. The loss of seniority as a result of an order of reduction to a lower post or pay structure, being inherent in the order of reduction shall not be avoided.
(ii) The seniority, on re-promotion of a University employee reduced to a lower post or pay structure, shall be determined by the date of such repromotion in accordance with the orders issued by the competent authority. Such University employee shall not be re-stored to his original position unless this is specifically laid down at the time of order of punishment is passed, or revised on appeal.
Note 7.─ Unauthorized desertion of post by a public employee in the face of enemy action, or threat of enemy action clearly amounts to grave misconduct and shall, therefore, constitute a good and sufficient reason within the meaning of regulation 4, for removal or dismissal in addition to any penalty provided in the Haryana Essential Service (Maintenance) Act, 1974. Forfeiture of past service towards pension shall then follow automatically by virtue of the provisions in Pension Rules/Regulations governing the University Employees or forfeiture of 89 University contribution in the account of University employee who are covered under the New Defined Contributory Pension Scheme, 2008.