I. where the employee has been convicted on a criminal charge, or on the strength of facts or conclusions arrived at by a judicial trial; or II. where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules; or III. where the Board is satisfied that in the interest of the security of the Board, it is not expedient to hold any inquiry in the manner provided in these rules.
32. Employees on deputation from the Central Government, the State Government or public sector undertakings etc.
(1) where an order of suspension is made or disciplinary proceeding is taken against an employee, who is on deputation to the Board from the Central Government or a State Government, or another public-sector undertaking, or a local authority, the authority lending his services (hereinafter referred to as the lending authority”) shall forthwith be informed of the circumstances leading to the order of his suspension, or the commencement of the disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding taken against such employee-
(a) if the disciplinary authority is of the opinion that any of the minor penalties should be imposed on him, it may pass such orders as it deems necessary after consultation with the lending authority :
Provided that in the event of a difference of opinion between the disciplinary authority and the lending authority, the services of the employee shall be placed at the disposal of the lending authority;
(b) if the disciplinary authority is of the opinion that any of the major penalties should be imposed on him, it shall place the service of such employee at the disposal of the lending authority and transmit to the lending authority the proceedings of the inquiry for such action as it may deem necessary.
(3) If the employee submits an appeal against an order imposing a minor penalty on him under clause (a) of sub-rule (2), the same shall be disposed of after consultation with the lending authority :
Provided that if there is a difference of opinion between the appellate authority and the lending authority, the services of the employee shall be placed at the disposal of the lending authority, and the proceedings of the case shall be transmitted to that authority for such action as it may deem necessary.
33. Appeals -
(1) An employee may appeal against an order imposing upon him any of the penalties specified in rule 24 or against the order of suspension referred to in rule 21 and such appeal shall lie to the authority specified in Schedule I annexed to these rules.
(2) An appeal shall be preferred within one month from the date of communication of the order appealed against. The appeal shall be addressed to the appellate authority specified in Schedule I annexed to these rules and submitted to the authority whose order is appealed against shall forward the appeal together with its comments and the records of the case to the appellate authority within 15 days. The appellate authority shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders within three months of the date of appeal. The appellate authority may pass order confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :
Provided that if the enhanced penalty which the appellate authority proposes to impose is a major penalty specified in clauses (e), (f) and (g) of rule 24 and an inquiry as provided in rule 26 has not already been held in the case, the appellate authority shall direct that such inquiry be held in accordance with the provisions of rule 26 and thereafter consider the record of the inquiry and pass such orders as it may deem proper. If the appellate authority decides to enhance the punishment but an inquiry has already been held as provided in rule 26, the appellate authority shall give a show cause notice to the employee as to why the enhanced penalty should not be imposed upon him. The appellate authority shall pass final order after taking into account the representation, if any submitted by the employee.
34. Review Notwithstanding anything contained in these rules, the reviewing authority, as specified in Schedule I annexed to these rules, may call for the record of the case within six months of the date of the final order and after reviewing the case pass such orders thereon as it may deem fit :
Provided that if the enhanced penalty, with the reviewing authority proposes to impose, is a major penalty specified in clauses (e), (f) or (g) of rule 24 and an inquiry as provided under rule 26 has not already been held in the case, the reviewing authority shall direct that such an inquiry be held in accordance with the provisions of rule 26 and thereafter consider the record of the inquiry and pass such order as it may deem proper. If the appellate authority decides to enhance the punishment but an inquiry has already been held in accordance with the provisions of rule 26, the reviewing authority shall give show cause notice to the employee as to why the enhanced penalty should not be imposed upon him.
The reviewing authority shall pass final order after taking into account the representation, if any, submitted by the employee.
35. Service of orders, notices, etc.
Every order, notice and other process made or issued under these rules shall be served in person on the employee concerned or communicated to him by registered post at his last known address.
36. Power to relax time-limit and to condone delay.
Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone any delay.
37. Removal of doubts.
Where a doubt arises as to the interpretation of any of these rules, the matter shall be referred to the Central Government for its decision.
[F.No. 7/5/86-Fin-IV] S.Balachandran, Jt. Secy.
SCHEDULE I [sub rules 3(b), (g) and (k), 25, 33 and 34] Category of Employees Disciplinary Authority Appellate Authority Reviewing Authority Group D Sr. Accounts / Administrative Officer Financial Adviser & Chief Accounts Officer Group C Financial Adviser & Chief Accounts Officer Secretary Chairman Group B Secretary Chairman Board Group A Chairman Board Central Government
SCHEDULE II [See rule 17 (4)] RETURN OF ASSETS AND LIABILITIES ON FIRST APPOINTMENT AS ON THE 31ST DECEMBER, 19…..
1. Name of the employee (in block letters)
2. Post held and place of posting
3. Total annual income from all sources during the Calendar year Immediately preceding the 1st day of January, 19….
4. Declaration I hereby declare that the return enclosed namely, Forms I to V, are complete, true and correct as on ………………………… to the best of my knowledge and belief, in respect of information due to be furnished by me under the provisions of sub-rule (4) of the rule 17 of the Oil Industry Development Board Employees (Conduct Discipline and Appeal) Rules, 1988.
Date…………… Signature…………………..
Note :- 1. This return shall contain particulars of all assets and liabilities of the Employee, either in his own name or in the name of any other person.
2. If an Employee is a member of Hindu Undivided Family with coparcenary rights in the properties of the family either as a ‘Karta’ or as a member he should indicate in the return in Form No. I the value of his share in such property and where it is not possible to indicate the exact value of such share, its approximate value.
Suitable explanatory notes may be added, wherever necessary.
FORM NO. I Statement of Immovable property on first appoint(s) on the 31st December 19….
(e.g. Land, House, Shops, Other Buildings, etc.)
Sl.
No.
Description of Property Precise Location (Name of District, Division Taluka & Village in which the property is situated and also its distinctive number, etc.)
Area of Land (in case of land and buildings) Nature of Land (in case of landed propert y Extent of interest If not in own name, state in whose name held, and his/her relationship, if any, to the Employee 1 2 3 4 5 6 7 Date of Acquis ition How acquired? (whether by purchase, mortgage, lease inheritance, gift of otherwise) and name with details of person / persons from whom acquired.
(address and connection of the Employee, if any with the person/persons concerned) (please see not 1 below).
Value of the property (see note 2 below) Particulars of sanction of prescribed authority, if any Total Annual income from the property Remarks 8 9 10 11 12 13 Date…………… Signature…………………..
Note:- (1) For Purpose of Column 9, the term “lease” would mean a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent. Where, however, the lease immovable property is obtained from a person having official dealings with the Employee, such a lease should be shown in this column irrespective of the term of the lease, whether it is short term or long term and the periodicity of the payment of rent.
(2) In column 10 should be shown :
(a) where the property has been acquired by purchase, mortgage or lease, the price or premium paid for such acquisition ;
(b) where it has been acquired by lease, the total annual rent thereof also; and
(c) where the acquisition is by inheritance, gift or exchange, the approximate value of the property so acquired.
FORM NO. II Statement of Liquid Assets on first Appointment as on the 31st December 19….
(1) Cash and Bank balances exceeding 3 months’ emoluments.
(2) Deposits, loans advanced and investments (such as share, securities, debentures, etc.)
Sl.
No.
Description Name and address of Company, Bank, etc.
Amount If not in own name, name and address of person in whose name held and his/her relationship with the Government servant Annual income derived Remarks 1 2 3 4 5 6 7 Date…………… Signature…………………..
Note:- (1) In column 7, particulars regarding sanctions obtained or report made in respect of the various transactions may be given.
(2) The term “emoluments” means the pay and allowances received by the Employee, FORM NO. III Statement of Movable property on first Appointment as on the 31st December 19..
Sl.
No.
Description of items Price or value at the time of acquisition and/or the total payments made upto the date of return, as the case may be, in case of articles purchase on hirepurchased or instalment basis If not in own name, name & address of the person in whose name and his/her relationship with the employee How acquired with approximate date of acquisition Remarks 1 2 3 4 5 6 Date…………… Signature…………………..
Note:- (1) In this form information may be given regarding items like (a) jewellery owned by him (total value) (b) silver and other precious metals and precious stones owned by him not forming part of jewellery (total value); (c) (i) Motor Cars, (ii) Scooters/Motor Cycles;
(iii) refrigerators / air-conditioners (iv) radios/radiograms/television sets (d) value of items of movable property individually worth less than Rs.1,000 other than articles of daily use such as clothes, utensils, books, crockery, etc., added together.
(2) In column 5, may be indicated whether the property was acquired by purchase, inheritance, gift or otherwise.
(3) In column 6, particulars regarding sanction obtained or report made in respect of various transactions may be given.
FORM NO. IV Statement of provident fund and life insurance Policy on first appointment / as on the 31st December, 19… Insurance Policies Provident Funds Sl.
No.
Policy No.
and date of Policy Name of Insurance Company Sum insured/date of maturity Amount of annual Premium Type of funds/G.P.F./ C.P.F.
Account No.
1 2 3 4 5 6 Closing balance as last reported by the Audit/Accounts Officer along with date of such balance Contributions made subsequently Total Remarks (if there is dispute regarding balance the Figures according to the Employees should also be mentioned in this column).
7 8 9 10 Date…………… Signature…………………..
FORM NO. V Statement of Debts and other Liabilities on first appointment / as on the 31st December, 19… Sl.
No.
Amount Name and address of Creditor Date of incurring Liability Details of Transaction Remarks 1 2 3 4 5 6 Date…………… Signature…………………..
Note 1. Individual items of loans not exceeding three months emoluments need not be included.
2. In column 6, information regarding permission, if any, obtained from or report made to the competent authority may also be given.
3. The term “emoluments” means Pay & allowances received by the Employee.
4. The statement should also include advance for purchase of conveyance, House building advance, etc. advances from the G.P. Fund, and loans on Life Insurance Policies and fixed deposits.