(1) The Committee or any other authority empowered by the Committee in that behalf, by general or special order, may place a Sansthan employee under suspension,-
(a) where a disciplinary proceeding against him is contemplated or is pending, or
(b) where in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the Sansthan, or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or tnial :
Provided that, where the order of suspension is made by an authority other than the Committee, such authority shall forthwith report to the bt Committee, the circumstances in which the order was made.
(2) A Sansthan employee shall be deemed to have been placed under suspension by an order of Committee,-
(a) with effect from the date of his detention, if he is detained in police or judicial custody, whether on criminal charges or otherwise, for a_ period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation- The period of forty-eight hours referred to in clause (b) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Sansthan employee under suspension is set aside in appeal or on review under these regulations, and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory Ae retirement from service imposed upon a Sansthan employee is set aside or declared or rendered void in consequence of, or by, a decision of a Court of Law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Sansthan employee shall be deemed to have been placed under suspension by the Committee from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:
Provided that, no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.
(5) (a) An order of suspension made or deemed to have been made under this regulation regulation shall continue to remain in force until it is modified or revoked by the authority competent to do so.
(b) Where a Sansthan employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by it in writing, direct that the Sansthan employee shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by the authority which made or is deemed to have 3 made the order or by any authority to which that authority is subordinate.
CHAPTER III PENALITES AND DISCIPLINARY AUTHORITIES S. Penalties.- (1) Without prejudice to the provisions of any law for the time being in force, the following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Sansthan employee, namely:- Minor Penalties-
(t)
(ut)
(iii)
(tv)
(v)
(vt) censure;
withholding of his promotion;
recovery from his pay of the whole or part of any pecuniary loss caused by him to the Sansthan, by negligence or breach of orders;
withholding of increments of pay;
reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Sansthan employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay:
reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of a Sansthan employee to the timescale of pay, grade, post or service from which he was reduced in rank, with or without further directions regarding conditions or restoration to Ly the time-scale of pay, grade, post or service from which the Sansthan employee was reduced in rank and his seniority and pay on_ such restoration to that time-scale of pay, grade, post or SErvices;
Mayor Penalties -
(vii) compulsory retirement;
(vit) removal or dismissal from service:
Provided that, in every case in which the charge of acceptance from any person any gratification other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (vii) or (viii) shall be imposed:
Provided further that, in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
Explanation- The following shall not amount to a penalty within the meaning of this rule, namely: - (y
(it) withholding of increments of pay of a Sansthan employee for his failure to pass any departmental examination or the Hindi and Marathi language examination in accordance with the regulations or orders governing the service to which he belongs or post which he holds or the terms of his appointment;
non-promotion of a Sansthan employee, whether in a substantive or officiating capacity, after
(iii)
(tv) (०) (०7)
(vii) consideration of his case, to a service, grade or post for promotion to which he is eligible, on administrative ground unconnected with his conduct;
reversion of a Sansthan employee officiating on a higher service, grade or post to a lower service, grade or post on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct;
reversion of a Sansthan employee appointed on probation to any other service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the regulations and orders governing such probation;
replacement of the services of a Sansthan employee, whose service had been borrowed from any Government in India or any authority under its control, at the disposal of such Government, or authority;
compulsory retirement of a Sansthan employee in accordance with the provisions relating to his superannuation or retirement;
termination of the services,-
(a) of a Sansthan employee appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the regulations H6
(b) and orders governing such probation; or of a temporary Sansthan employee employed under an agreement, in accordance with the term of such agreement.
(2) Where a penalty mentioned in item (v) or (vi) in subregulation (1) is imposed on a Sansthan employee, the authority imposing the penalty shall expressly state in the order imposing the penalty that the period for which the reduction is to be effective will be exclusive of any interval spent on leave before the period is completed.