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ऱ् य । ट ी त. 3 | U r l= ur Temples Act, 1973 REGULATIONS Shree Vitthal Rukmini Temples Committee, Pandharpur, Ta- Pandharpur Dist- Solapur Dated - 08/09/2017.
No.SVRTCP/EST/165/2015. In exercise of the powers conferred by section 2, 37 & 38 of the Pandharpur Temples Act, 1973 (Mah.IX of 1974), and of all other powers enabling it in that behalf, the Shree Vitthal Rukmini Temples Committee, hereby makes the following regulations, namely :-
CHAPTER I GENERAL
1. Short title and commencement.- (1) These Regulations may be called the Shree Vitthal Rukmini Temples Committee, Pandharpur, (Discipline and Appeal) Regulations, 2015.
(2) They shall come into force on 01st January, 2016.
2. Definitions.- In these regulations, unless there is anything repugnant and subject or context, -
(a) "Act" means the Pandharpur Temples Act 1973 (Mah. IX of 1974);
(b) "Appointing Authority" means Shree Vitthal Rukmini Temples Committee-
(c) "Committee" means the Shree Vitthal Rukmini Temples Committee constituted under section 21 of the Act;
(च) "Disciplinary authority" means the authority competent under these regulations 6 to impose on a Committee employee any of the penalties specified in regulation 5;
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(i)
(k) (I) "Executive Officer" means the Executive Officer appointed by the Government under section 33 of the Act;
"Government" means the Government of Maharashtra;
"Legal practitioner" means an advocate, Vakil or attorney of any High Court, Mukhtar or revenue agent;
"Major penalty" means any of the penalty specified mentioned in regulation 5 of this regulations, under the head major penalties;
"Minor penalty" means any of the penalty specified mentioned in regulation 5 of this regulations, under the head major penalties;
"State" means the State of Maharashtra;
"Registered Trust" means trust established under section 2 (za) of the Act.
"Committee employee" means a person who is appointed to any Committee service or post in connection with the affairs of the Committee.
3. Application.- (1) These regulations shall apply to every Committee employee except any member of any government service on deputation to the committee;
(2) If any doubt arises,-
(a)
(b) whether these regulations or any of them apply to any person, or whether any person to whom these regulations apply, belong to a particular service, The matter shall be referred to the Government which shall decide the same.
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os 4 1 - ६ 8 < a 5 धं hal j CO: ao ™~ = II SUSPENSION Suspension.- (1) The Committee or any other authority empowered by the Committee in that behalf, by general or special order, may place a Committee employee under suspension,-
(a) where a disciplinary proceeding against him or her 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 committee; or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial
Provided that, where the order of suspension is made by an authority other than the Committee, such authority shall forthwith report to the Committee, the circumstances in which the order was made.
(2) A Committee 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.
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या 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 Committee 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 retirement from service imposed upon a Committee 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, ona 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 Committee 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 regulaticn shall continue to remain in force ;
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(b) Where a Committee 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 Committee 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 made the order or by any authority to which that authority is subordinate.
CHAPTER III PENALITES AND DISCIPLINARY AUTHORITIES
1. 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 Committee employee, namely:- Minor Penalties-
(i) censure;
(ii) withholding of his promotion;
(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Committee, by negligence or breach of orders;
(iv) withholding of increments of pay;
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(vi) reduction to a lower stage =| the time scale of pay for a specified period, with further directions as to whether or not the Committee 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 skall ordinarily be a bar to the promotion of a Committee 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 the time-scale of pay, grade, post or service from which the Committee employee was reduced in rank and his seniority and pay on such restoration to that time-scale of pay, grade, post or services;
Major Penalties -
(vii)
(viii) compulsory retirement;
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: - p a g e 4 8 Ee of increments of pay of a Committee — e — e — e — ' e employee for his failure to pass any departmental or committee 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;
(ii) non-promotion of a Committee employee, whether in a substantive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible, on administrative ground unconnected with his conduct;
(iii) reversion of a Committee 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;
(iv) reversion of a Committee 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;
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(v) replacement of the services of a Committee 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;
(vi) compulsory retirement of a Committee employee in { — { 4 5 4 4 A j accordance with the provisions relating to his superannuation or retirement;
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(a) of a Committee 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 and orders’ governing such probation; or
(b) of a temporary Committee 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 Committee 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.
2. Disciplinary authorities.- (1) The Committee may impose any of the penalties specified in regulation 5 on any Committee employee.
(2) Without prejudice to the provisions of sub-regulation (1), the Executive Officer may impose any of the minor penalties specified in regulation 5.
3. Authority to institute proceedings.- (1) The Committee or any authority empowered by it by general or special order may,-
(a) institute disciplinary proceedings against any Committee employee;
(b) direct a disciplinary authority to institute disciplinary proceedings against any Committee employee on whom that disciplinary authority is competent to impose under these regulations any of the penalties specified in regulation 5.
(टो direct the transfer of any pending enquiry from any enquiring authority, appointed by the disciplinary P a g e D 0 = under sub-regulation (2) of regulation 8, to any other enquiring authority if he is satisfied Cy Ss Fo >> wi Sy “ASHIRM that it is necessary for timely completion of enquiry.
(2) A disciplinary authority competent under these regulations to impose any of the penalties specified in regulation 5 may institute disciplinary proceedings against any Committee employee on whom the disciplinary authority is competent to impose any of the penalties specified in regulation 5.
CHAPTER IV PROCEDURE FOR IMPOSING PENALITES
1. Procedure for imposing major penalties.- (1) No order imposing any of the major penalties shall be made except after an inquiry held, as far as may be, in the manner provided in this regulation or regulation 9.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Committee employee, it may itself inquire into, or appoint any inquiry authority under this regulation to inquire into the truth thereof.
Explanation- Where a disciplinary authority itself holds an inquiry under this regulation, any reference to an inquiring authority in this regulation shall unless the context otherwise requires, be construed as a reference to the disciplinary authority.
(3) Where it is proposed to hold an inquiry against a Committee employee under this regulation, the disciplinary authority shall draw up or cause to be drawn up-
(a) the substance of the imputations of misconduct or misbehavior into definite and distinct articles or charge;
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(b) a statement of the imputations of misconduct misbehavior in support of each article of charge, which shall contain-
(i) a statement of all relevant facts including any admission or confession made by _ the Committee employee; and
(ii) a list of documents by which and a list of witnesses by whom, the articles of charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the Committee employee, a copy of articles of charge, the statement of the imputations of misconduct or misbehavior, and a list of documents and of the witnesses by which each article of charge is proposed to be sustained and shall by a written notice require the Committee employee to submit to it within such time as may be specified in the notice, a written statement of his defense and to state whether he desires to be heard in person.
(5) (a) On receipt of the written statement of defense, the disciplinary authority may itself inquire into such of the articles or charge as are not admitted, or, if it considers it necessary so to do, appoint under sub-regulation (2), an inquiring authority for the purpose, and where all the articles of charge have been admitted by the Committee employee in his written statement of defense, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in regulation 9 of these rules;
(b) If no written statement of defense is submitted by the Committee employee, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it | | | | = to do so, appoint under sub-regulation (2) of these regulations an inquiring authority for the purpose;
(c) Where the disciplinary authority appoints an inquiring authority it may, by an order, appoint a Committee employee or a legal practitioner, to be known as the "Presenting Officer" to present the case in support of the articles of charge before the inquiring authority.
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(6) The disciplinary authority shall where it is not the inquiring authority, forward to the inquiring authority,-
(i) a copy of each of the articles of charge and the statement of the imputations of misconduct or misbehavior;
(ii) a copy of the written statement of defense, if any, submitted by the Committee employee;
copies of statements of witnesses, if any, referred to in sub-regulation (3) ;
evidence providing the delivery of the documents referred to in sub-regulation (3);
(v) a copy of the order appointing the Presenting Officer.
(7) The Committee employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of { charge and the statement of the imputations of misconduct or misbehavior, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time not iv exceeding ten days, as the inquiring authority may allow.
i, १) ५१ < 1 (8) The Committee employee may take the assistance of any other Committee employee or Government servant or retired Committee employee or Government servant to present the case e s s On | authority is a legal practitioner, or, the disciplinary a authority, having regard to the circumstances of the case, so a permits.
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(9) If the Committee employee who has not admitted any of the नच articles of charge in his written statement of defense, or has not “4 submitted any written statement of defense appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defense to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the “a plea, sign the record and obtain signature of the Committee “ employee thereon.
(10) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the Committee employee pleads guilty.
(11) The inquiring authority shall, if the Committee employee fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove articles of charge and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Committee employee may, for the purpose of preparing his defense,-
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-regulation (3), त 3 d ¢ u d gd e e 46
(ii) submit a list of witnesses to be examined on his behalf, ;
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the a ब) 4) | > ७ ' ७» ९ ) | 4 _ @ i _ q .
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— — < § — _ { § — , ; 3 i — i j — r A 7 J ® z= | Ay ‘,=—~— 4 ASTRA 2g inquiring authority may allow, for the discovery or production of any documents which are in the possession of the Executive Officer of the Committee but not mentioned in the list referred to in sub-regulation (3), indicating the relevance of such documents.
(12) Where the Committee employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-regulation (3), the inquiring authority shall furnish him with such copies as early as possible, and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.
(13) Where the inquiring authority receives a notice from the Committee employee for the discovery or production of documents, the inquiring authority shall forward the same or copies thereof to the authority in whose custody or possession the documents are kept with a requisition for the production of the documents by such date as may be specified in such requisition to the case:
Provided that, the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
(14) On receipt of the requisition referred to in sub-regulation (13), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:
Provided that, if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the interest of the Committee, it p a g e d 5 — & & | h ) ६१ ) ६ ४ 4६ ६ ४ ६ .
& & © Uo y © @ @ OG Go GO & &७ G G Gy ९ ७ } a a ft Vv j— if if ष् bi p e shall inform the inquiring : and the inquiring authority shall, on being so informed, communicate the information to the Committee employee and withdraw the requisition made by it for the production of discovery of such documents.
(15) The inquiry shall be commenced on the date fixed in that behalf by the inquiring authority and shall be continued thereafter on such date or dates as may be fixed from time to time by that authority.
(16) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Committee employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(17) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Committee employee or may itself call for new evidence or recall and reexamine any witness and in such case the Committee employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority may also allow the Committee employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interests of justice:
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Provided that, no new evidence shall be permitted or for Cry अ or any witness shall be recalled to fill up any gap in the evidence . Be BAY Ae . . . .
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(18) When the case for the disciplinary authority is closed, the Committee employee shall be required to state his defence, orally or in writing, as he may prefer, if the defense is made orally, it shall be recorded and the Committee employee shall be required to sign the’record. In either case, a copy of the statement of defense shall be given to the Presenting Officer appointed, if any.
(19) The evidence on behalf of the Committee employee shall then be produced. The Committee employee may examine himself in his own behalf if he so prefers. The witnesses produced by the Committee employee shall then be examined and shall be liable to cross examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witness for the disciplinary authority.
(20) The inquiring authority may, after the Committee employee closes his case and shall, if the Committee employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Committee employee to explain any circumstances appearing in the evidence against him.
(21) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, appointed, if any, and the Committee employee, or permit them to file written त p S ) a e e a 6 8 y e © & & G&G & Go 6 ७ YG ७ ओ Bw ७ briefs of their respective case, if they so desire.
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(22) If the Committee employee to whom a copy of the articles of — व र charge has been delivered, does not submit a written statement , e e ee 0 ० ४ ९ ) 7 4) 4 ) <4 ) ¢ ) 4 ) @ ) @ ) @ ) @ @ © @ @ @ 4 @ @ 7 |. va 4 p s क = % 5 a i l p 5 5 fails or refuses to comply with the provisions of this regulation, the inquiring authority may hold the inquiry exparte.
(23) (a) Where a disciplinary authority competent to impose any of the minor penalties but not competent to impose any of the major penalties has itself inquired into or caused to be inquired into any of the articles of charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it is of the opinion that any of the major penalties should be imposed on the Committee employee, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose such major penalty.
(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, recall the witness and examine, cross-examine and re-examine the witness, and may impose on the Committee employee such penalty as it may be deem fit in accordance with these regulations:
Provided that, if any witnesses are recalled, they may be cross-examined by or on behalf of the Committee employee.
(24) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises such jurisdiction, the inquiring authority so succeeding shall continue the inquiry from the stage on which his predecessor has left such inquiry.
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5 + , $ 4 = After the conclusion of the inquiry, a report shall be prepared by the inquiring authority. Such report shall contain,-
(a) the articles of the charge and the statement of the imputations of misconduct or misbehavior;
(b) the defense of the Committee employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of-charge;
(d) the findings on each article of charge and the reasons there for.
(26) Where, in the opinion of the inquiring authority, the proceedings of the inquiry establishes any article of charge different from the original articles of the charge, it may record its finding on such article of charge:
Provided that, the findings on such article of charge shall not be recorded unless the Committee employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
(27) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include-
(a) the report prepared by it under sub-regulation (25);
(b) the written statement of defense, if any, submitted by the Committee employee;
(c) the oral and documentary evidence produced in the course of the inquiry;
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(d) written briefs, if any, filed by the Presenting Officer or the Committee employee or both during the course of the inquiry; and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.
2. Action on inquiry report.- (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report, and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of regulation 8 of these regulations as far as may be.
(2) The disciplinary authority shall, upon serving the employee a copy of the inquiry report & giving him opportunity of making a representation thereon within 15 days of the receipt of such report, consider the record of the inquiry and record its findings on each charge. If it disagrees with the findings of the inquiring authority on any article of charge, it shall record its reasons for such disagreement.
(3) If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the minor penalties should be imposed on the Committee employee, it shall, notwithstanding anything contained in regulation 10 of these regulations on the basis of the evidence adduced during the inquiry held under regulation 8 determine what penalty, if any should be imposed on the Committee employee and make an order imposing such penalty.
(4) If the disciplinary authority, having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry, is of the opinion that any P a g e O 0 ली ह, व क नळ... न्न a tga यायाचा a — om , (१) ao त्त | A lA S USN my [i/o r -~O f the penalties specified in clauses (VI) to (ViII) of subot ne a.\ 4 “8 र; aN Bor AY / ASHI Rh egulation (I) of regulation 5, should be imposed on the Committee employee, it shall make an order imposing such b 6 _ _ | penalty.
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3. Procedure for impesing minor penalties.- (I) Save as provided in sub-regulation (3) of regulation 9, no order imposing - 4
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(b) holding an inquiry in the manner laid down in regulation 8 if the disciplinary authority is of the opinion that such inquiry is necessary;
(c) taking into consideration the representation, if any, submitted by the Committee employee under clause (a) of this regulation and the record of inquiry, if any, held under clause
(b); — a र
(d) recording a finding on each imputation of misconduct or misbehavior.
(2) Notwithstanding anything contained in clause (b) of subregulation (1), if in a case it is proposed, after considering the representation, if any, made by the Committee employee under त clause (a) of that sub-rule, to withhold increments of pay or to 1 ॥ _ ४ - - - १ ण च 2 - ६ ॥ - - - 7 - - - ६ / - - - १ प ा च withhold increments of pay with cumulative effect for any ४ period, an inquiry shall be held in the manner laid down in subregulation (2) and (27) of regulation 8, before making any order i ह of imposing on the Committee employee any such penalty.
(3) The record of the proceedings in such cases shall inciude- ,
(a) informing the Committee employee in writing of the qf 9 ६) ६ ६ ) ६ ६ ६ @ @ Ub इह @ © © G G ¢ 6 € € € € € ¢ o y b Y YD BF , क ५1 -4 ६ 7 ,
(i) a copy of the intimation to the Committee employee of the proposal to take action against him;
(ii) a copy of the statement or imputations of misconduct or misbehavior delivered to him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry;
(v) the findings on each imputation of misconduct or misbehavior; and
(vi) the orders on the case together with the reasons there for.
4. Communication of orders.- Orders made by the disciplinary authority shall be communicated to the Committee employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and a copy of its findings on each article of charge, or where the disciplinary authority is not the inquiring authority, a copy to the report of the inquiry authority and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority, unless they have already been supplied to him.
5. Common Proceedings .- (1) Where two or more Committee employees are concerned in any case, the Committee or any other authority competent to impose the penalty of dismissal from service on all such Committee employees may make an order directing that disciplinary action against all of them may be taken in a common proceedings.
(2) Where the authorities competent to impose the penalty of dismissal on such Committee employees are different, an order for taking disciplinary action in a common proceeding may be ७ (3 ९७ ४ १ 4 1_ 4 | 4 j 4 = | अ ६ @ © & © 6 6 6 G 6 € € & & ७ ७ ७ ६ | ( 3 ५ ($ ( हु po r s = Every order for taking disciplinary action in a common proceeding shall specify-
(i) the authority which may function as_ the disciplinary authority for the purpose of such common proceeding;
(ii) the penalties specified in regulation 5 which such disciplinary authority shall be competent to impose and;
(iii) whether the procedure laid down in regulation 8 and 9 or regulation 10 shall be followed in the proceeding.
CHAPTER V APPEALS
1. Orders against which appeal lies. - (1) Appeal shall lie against, -
(i) any order made of the disciplinary authority.
(ii) any order of an interlocutory nature or of the nature of a step-in-aid or the final disposal of a disciplinary proceeding, other than order of suspension,
(iii) any order passed by an inquiring authority in the course of an inquiry under regulation 5 of these regulations;
(2) Subject to the provisions of regulation 6, a Committee employee may prefer an appeal to the Committee, if the penalty is imposed by the Executive Officer.
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2. Appellate Authority: - (1) Subject to the provisions of any law for the time being in force, the Committee employee including a person who belonged to any classes immediately before he ceased to be in service, may appeal to the Committee against the orders passed by the Executive Officer.
(2) Notwithstanding anything contained in sub-regulations (1), an appeal against an order in common proceeding held under regulation 12 of these regulations shall lie to the Committee.
3. Period of limitation for appeals.- No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of thirty days from the date on which a copy of the order appealed against is delivered to the appellant.
4. Mode, form and contents of appeal.- (1) Every person preferring an appeal shall do so separately and in his own name and shall address it to the authority to which the appeal lies.
(2) The appeal shall be complete in itself and shall contain all material statements and arguments on which the appellant relies, but shall not contain any disrespectful or improper language.
5. Submission of appeals.- Every appeal shall be submitted directly to the Committee.
6. Transmission of appeals .- The authority which made the order appealed against shall, on receipt of a copy of the appeal, without any avoidable delay, and without waiting for any direction from the Committee, transmit to the Committee, every such appeal with relevant records.
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9 » BOMBAY Ju passed by the Committee.
CHAPTER VI MISCELLANEOUS
1. Service of orders, notices, etc.- Every order, notice and other process made or issued under these regulations shall be served in person on the Committee employee concerned or communicated to him by registered post, express courier, fax or e-mail or any other mode of electronic communication.
2. Power to relax time limit and to condone delay.- Save as otherwise expressly provided in these regulations, the authority competent under these regulations to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these regulations for anything required to be done under these regulations or condone any delay.
3. Removal of doubt.- Where a doubt arises as to whether any authority is subordinate to, or higher than, any other authority or as to the interpretation of any of the provisions of these regulations, the matter shall be referred to the Government whose decision thereon shall be final.
4. Interpretation.- In case of any doubt or difficulty arise in giving effect to the provisions of these regulations, the provisions of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 shall be referred to and applied.
कीला (S. B. Teli) Executive Officer, Shree Vitthal Rukmini Temples Committee, Pandharpur P a g e O 5