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Section 4: Suspension

These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Discipline and Appeal) Regulations, 20…State Regulations of Maharashtra · 1981

(1) The appointing authority or the disciplinary authority or any other autharity empowered n that behalf by the appointing authority, by general or special order, may place a Trust servant under SUSPEnsion- / {a) where a disciplinary proceeding against him is contemplated or is pending, or

(b) where in the epinion of the authority aforesaid, he has engaged himsell in activities prejudicial to the interest of the Trast, or ere 4 case against him in respect of any nce is under inwst_igation, inqu.'lr} or irial :

i criminal

Provided that, where an authority makes the order of suspension other than the appointing authority, such authority shall forthwith report to the appointing authiepity, the circumstances in which the order was made.

{2) A Trust servant shall be deemed to have been placed under suspemsion by an order of the appointing authority.- {a) with cffect from the date of his detention, if he 15 detained in police or judicial eustody, 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 convietion for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is mot forthwith dismissed or removed or compulsorily retired consequent 1o such conviction.

6

Explanation.- The period of forty-cight hours referred to in clause (b} of sub-regulation {2), shall be computed from the commencement of the imprisonment after the conviction and for this pitpose, intermittent periods of imprisonment, if any, shall be talen into account, (8] Where a penalty of dismissal, removal or compulsory retivement from- service imposed upon a Trust servant under snspension s set aside in appeal or on review under these regulations, and the case is remigted 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 origingl order of dismissal, removal or compulsory retivement and shall remain in fore until further orders, [#] Where a penalty of dismissal, removal or compulsory retivement from service nnposed upon a Trust servant 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 citcumstances of the case, decides to hold 4 further inquiry againgt him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Trust servant shatl be deemed o have been placed under suspension by the appointing aitharity from the date of the original order of disrmissal, removal or compulsory retivement and shall continue to remgin under suspension until firther orders:

Provided that, ne such further inguiry shall be ordered unless it is intended to meet & situation where the Court has passed an order purely on technical grounds without going into the mevits of the case.

(5] (a) An order of suspension made or deemed to have been made under this regulation shall continue to remain in foree until it is modified or revoled by the authority competent to do so.

(b] Where a Trust servant is suspended or is deemed tw 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 e competent to place him under suspension may, for reasons to be recorded by it in writing, direct that the Trust servant shall continue to be under suspsnsion until the termination of all or any of such ‘proceedings.

(¢} An order of suspension made or decmed 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 authanh 10 which that authority is subordinate.

PART —III PENALTIES AND DISCIPLINARY AUTHORITIES

Where this provision sits

ActThese Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Discipline and Appeal) Regulations, 2008.
Section4
Marginal noteSuspension
JurisdictionState of Maharashtra
StatusIn force as published by the source

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