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Section 5: Penalties

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) 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, he imposed on 8 Trostserva ot, namely:- Miner Penalties:-

(i) censure;

(ii) m_g_‘_llgl_nhuldin.g of his promotion;

(iii} recovery trom his pay ef the whole or part of any pecuniary loss caused by him to the Trust, by negligence or breach of orders;

{iii)_. avithheldi ng ol nerements of pay;

{v) reduction to a lawer stage in the time scale of pay for a specified period. With further divections as co whether ot not the Trust servant will earn increments of pay during the period of such reduetion and whether on the expiry of such period, the reduction will or will nat have the effect of postponing the fumre increments of his pay;

(vi} reduction to a lower time-scale of pay, grade, post.

or service which shall erdinarily be a bar to the promotion of a Trust servant to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions or restoration to the -time-scale of pay, grade, post or service from which the Truost servant was reduced and his seniority and pay 28 on such restoration to that time- scale of pay, grade, post or services;

Major Penalties:- (wii} compulsory retirement;

{vili} removal from service which shall not be a digqualification for further employment under any public Authority ie the State as defined in- Article 12 of the Congtitution of India ;

(ix} dismissal from service which shall ordinarily be a disqualification for fature employment under any Publie Authority te. the State as defined in Article 19 of the Constinetion of India:

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 {wiii) or (ix) 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 regulation, namely: -

(i) Withholding of increments of pay of a Trust servant fior his failure to pass any departmental examination or the Hindi and Marathi language examination i accordance with” the regulations or orders governing the service to which he belongs or post which he holds or the terms of his appointment;

(i} Stoppage of a Trust servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(iii} Non-pramotion of a Trust servant, 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;

(iv) Reversion of a Trust servant officiating on a higher service, grade or post to a lower service, grade or post in 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;

{v) Reversion of a Trust servant 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;

(vi) Replacement of the services of'a Trust servant, whose service had bgen-borrowed fromany Government in India or any authority underits control, at the disposal of such Government, or authority;

(vii) CGempulsory retirement of a Trust servant in aceordance with thi provisions rclating to his superannuation or retirement; J

(viii) Termination of the services- {#) afa Trust servant 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)u&% temporary Trust servanl employed under an agreement, in aceordance with the term of such agreement.

(&) Where a. penalty mentioned in item (v) or (vi) in subvegulation (1) is imposed on a Twst servant, the authority imposing the penalty shall expressiy state in the order imposing such penalty that the perind for which the reduction is to he effective penalty that the period for effective will be exclusive of any interval spent on leave before the period 15 completed, &. Disciplinary Authorities - (1) The Committes may impose any of the penalties specificd in regulation & on any Trust servant.

{2) Without prejudice to the provisions of sub-ragulation (1), the appointing authorties may impose any of the penalties specified inrégulation 8 upon members of group ‘C* and group ‘DY Services serving under them, whom they have power Lo appoint:

Provided that, the Executive Officer shall exercise the powers of imposing minor penalties on Group 'C' and Group ‘D’ Trust servants under their respective administrative control, o

Where this provision sits

ActThese Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Discipline and Appeal) Regulations, 2008.
Section5
Marginal notePenalties
JurisdictionState of Maharashtra
StatusIn force as published by the source

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