RAJASTHAN CO-OPERATIVE DAIRY FEDERATION LIMITED 15-UNIARA GARDENS, JAIPUR-302004. No. RCDF/Estt./ F-2(1)/80/10463-501. Dated : 13-10-80 In exercise of the powers conferred by Section 21 of the Bye-Laws of Rajasthan Co-operative Dairy Federation Ltd., the Board of Directors of RCDF in their 17th meeting held on 6.10.80 have resolved to approve the Rajasthan Co-operative Dairy Federation Employees (Disciplinary Action & Appeals) Regulations, 1980 vide resolution No. 17(18). This service regulation is hereby notified to come into force with immediate effect. Copy to: -
1. General Manger, JMSS/ Dairy Plant, Jodhpur/ Bikaner.
2. Manager, Dairy Plant, Alwar/Ajmer.
3. Dy. Manager, cattle Feed plant, Tabiji (Ajmer), Nadbai ( Bharatpur).
4. Manager, Western/ Northern Rajasthan Milk Producers’ Co-operative Union Ltd., Jodhpur/ Bikaner.
5. Manager/Project Officer, District Milk Producers’ Co-operative Union Ltd., Ajmer/Alwar/Bhilwara/Jaipur/ Sawai Madhopur/Udaipur / Kota/Bharatpur/ Pali.
6. Project Officer, Spear Head Team, Sikar-Jhunjhunu/Hanumangarh Junction.
7. Project Officer, Exotic Cattle Breeding Farm/ Semen Bank, Bassi.
8. Manager/ In charge, Chilling Centre, Bhilwara/Malpura/Dausa/ Kotputali.
9. Liaison Officer, RCDF , New Delhi.
10. Secretary/Director (T)/Comptroller/Manager (M)/Manager(SAHP)/ Manager(Plant)/Project Analyst/ IDO /T.O /Xen/Personnel Officer, RCDF ,Jaipur . Sd/- (N.R. Bhasin) Managing Director RAJASTHAN CO-OPERATIVE DAIRY FEDERATION LTD. 15-UNIARA GARDENS, JAIPUR-302004. ***** The Board of Directors of Rajasthan Co-operative Dairy Federation in their 15th meeting held on 20-21st June, 1980 constituted a sub-committee vide resolution No. 15(7) for finalization and approval of the Rajasthan Co-operative Dairy Federation Employees (Disciplinary Action and Appeals) Regulations,
1980. In exercise of the powers conferred by the Board of Directors, the committee met on 18th July, 1980 and formulated and approved the RCDF Employees (Disciplinary Action and Appeals) Regulations, 1980 which are appended to herewith (pages-10)along with schedule-I. Sd/- (Miss A.K. Ahuja) DS (finance) Sd/- (N.R. Bhasin) MD, RCDF RAJASTHAN CO-OPERATIVE DAIRY FEDERATION EMPLOYEES (DISCIPLINARY ACTION & APPEAL) REGULATIONS, 1980.
CHAPTER-I
1. These regulation may be called “The Rajasthan Co-operative Dairy Federation (Employees Disciplinary action and appeal) Regulations 1980.
2. These regulations shall come into force with immediate effect.
3. Unless otherwise expressly provided these regulations will apply to all the officers and employees of the Federation as covered under the RCDF Service Regulations and RCDF Employees conditions of Recruitment and Promotion Regulations 1980.
4. Power to amend and interpret the regulations: The Board may ,subject to limits of its powers to make such regulations, amend, after, interpret, relax, remake, rescind or add to these regulations.
5. Powers to Delegate : The Board may confer on the Managing Director or any of its officers any of its powers in these regulations by resolution subject to the provisions of Rajasthan Co-operative Societies Act and rules made there under, delegated powers shall be exercised subject to such conditions and limits, as may be prescribed in the resolution by the Federation.
CHAPTER-II
6. Nature of Penalties : The following punishments may for good and sufficient reasons and as hereinafter provided, be imposed upon members of the services under the Federation namely: Minor Penalties :
(i) Censure
(ii) With holding of increments with or without cumulative effect.
(iii) Debarring from promotion.
(iv) Recovery from pay of the whole or any part of pecuniary loss caused to the Federation by negligence or breach of orders. Major Penalties :
(i) Reduction to a lower post or to a lower stage in the time scale.
(ii) Compulsory retirement.
(iii) Removal from service.
(iv) Dismissal from service.
Explanation : (i) Discharge. a) Of a person appointed on probation before the expiry or at the end of the prescribed or extended period or probation or b) Of a person engaged under contract, in accordance with the terms of his contract or c) Of a person appointed otherwise than under contract to hold a temporary appointment on the expiration of the period of appointment does not amount to removal or dismissal within the meaning of this regulations.
(ii) The removal of a person from the service of the Federation shall not disqualify him from future employment but dismissal shall disqualify him from future employment.
7. Appointing authority competent to award punishment : The authorities competent to suspend and or award penalties to officers and employees of the Federation shall be as specified in the Schedule appended to these rules.
8. Acts of Misconduct : Without prejudice to the general Meaning of the team ‘Misconduct’ it shall be deemed to include the following:-
(i) Habitual late attendance, willful or habitual absence from duty without leave or without sufficient cause.
(ii) Negligence or neglect or duty, malingering, loitering, idling, wasting time during working hour and willfully showing down in the performance or inciting others to do so.
(iii) Leaving Station without per missing.
(iv) Gambling, drunkness, intoxication, or riotous or disorderly or indecent behavior, threatening, intimidating, coersing other employees or interference with the work or others.
(v) Acceptance of gifts from and lending or borrowing money to or from sub-ordinate employees.
(vi) Unauthorised use or occupation of the quarters, lend or other properly of the Federation.
(vii) Habitual indicipline or willful insubordination or disobedience of any lawful or reasonable order of higher authority and also neglecting the order to work as per requirements of the Federation.
(viii) Theft of Federation’s property and fraud or dishonesty in connection with the federation business or property either within or Outside the Federation premises or its precincts or theft of another employees property within the Federation premises or its precincts.
(ix) Giving false information regarding one’s particulars for purpose of employment or concealing any facts about any previous, employment age and other particulars in this respect or giving false evidence at the time of any departmental enquiry.
(x) Taking or giving, offering or asking for, bribes or any illegal gratification whatsoever or including in corrupt practices.
(xi) Assaulting or intimidating any employee of the Federation.
(xii) Sabotage or willful damage to or loss of Federation goods or property.
(xiii) Unauthorise communication of official documents or information relating to the Federation business.
(xiv) Striking work illegally or inciting others to illegal strike.
(xv) Conviction by a court of law or any criminal offence involving moral turpitude.
(xvi) Breach of any law applicable to the works or of the conduct Rules and any other rules or orders issued by the Federation from time to time.
(xvii) Contract another marriage while is still alive or marrying a person who has a wife living, without first obtaining the permission of the Federation.
(xviii) Adjudged insolvency not warranting continuance of the Federation’s trust and confidence which the duties of the employee call for.
(xix) Writing of anonymous letters etc. addressing appeals or representations to any authority other than the appellate or the appropriate authority.
(xx) Abetment of or attempt at an act of misconduct.
(xxi) Engaging in another employment whilst still on the service of the Federation without prior permission of the competent authority.
(xxii) Commission of any act of subverse of good behavior or of the discipline of the Federation.
(xxiii) Distribution or exhibiting in the Federation’s premises or its precinct hand bills, pamphlets, posters or carriers to be displayed by means of signs or writing or other visible representations about any matter without previous sanction of the competent authority.
(xxiv) Organizing, holding attending or taking part in a meeting within the Federation’s premises or its precincts without prior sanction of the competent authority.
(xxv) Conduct within the Federation’s premises or its precincts which is likely to endanger the life to safety of any person.
(xxvi) Refusal to accept charge sheet, order to other communications served either in accordance with these rules in the interest of discipline.
(xxvii) Gherao or Forcibly deterring, restraining or confining members of the Board or officers or employees of the Federation.
(xxviii) Possession of any lethal weapon on the Federation’s premises or within its precincts without the prior approval of the competent authority.
9. Appeals :
(i) Appeal against award of minor and major penalty from competent authorities shall be to next higher authority. Final appeal shall be to the Establishment Committee of the Federation.
(ii) There shall be only one appeal against minor penalty imposed upon an officer or an employee of the Federation. As regards major penalty, second appeal shall lie to the next higher authority, wherever possible.
(iii) There shall be no appeal to any penalty imposed by the Establishment Committee of the Federation.
10. Suspension : a) An officer or employee may be placed under suspension when : i. An enquiry into grave charge of suspected disobedience, malpractice or misappropriation is contemplated or is pending or during enquiry his continuance in service is considered to be determental to the interest of the Federation or; ii. A complaint against him on any criminal offence involving moral turpitude is under investigation or trial and if such suspension in necessary in the public interest. b) An order of suspension under clause (a) may be revoked at any time by the authority making the order by any authority to which it is subordinate.
11. Procedure for awarding minor penalties : a) Minor Penalties :- In case where it is proposed to impose any of the following penalties on any officer or employee, he shall be given statement of allegations and a reasonable opportunity of making any representation that he may desire to make and such representation if any shall be taken into consideration before the order imposing the penalty is passed :
(i) Censure
(ii) Withholding increment
(iii) Debarring from promotion
(iv) Recovery from pay of the whole or any part of pecuniary loss caused to the Federation by negligence or breach of orders.
Provided that there shall lie no appeal if the penalty imposed is only of a simple warning or reprimand.
12. Procedure for awarding Major Penalties : Following major penalties can be imposed by the competent authority upon any officer or employee of the Federation as per the procedure laid down under these regulations :-
1. Major Penalties : a) Reduction to a lower post or to a lower stage in time scale pay. b) Compulsory retirement. c) Removal from service. d) Dismissal from service.
2. Procedure for imposition of Major Penalties : a) A person against whom action is proposed to be taken for a major penalty, shall be provided with a copy of the charge or charges as well as a statement of allegations that have been made against him and about which enquiry is proposed to be held. Such copy of charge sheet and allegations shall be sent under postal certificate to the employee’s permanent address available and recorded with the Federation and such an issue of charge sheet under postal certificate shall be conclusive proof of service of the charge sheet and statement of allegations on him and no plea of non-receipt against this shall be admitted. b) The person charged shall be required within a period of 15 days of the receipt of the charge sheet by him to put in his written statement of the defence giving a complete list of documents and defence witness. If no such statement is furnished by the person charged within the prescribed time and unless extended, it shall be presumed that the person charge sheeted admits his guilt and the competent authority is within its right to pass final ex-prate orders against him in the enquiry. c) If after furnishing the written statement the person charged desires to see the relevant documents such of the documents as are being taken into consideration or are to be relied upon for the purpose of supporting the charge or charges may at the discretion of the Enquiry officer be shown to him. d) The person charged shall also produce all the relevant documents required by him in his defence together with a list of his defence witness if any along with his written statement so that enquiry may not be delayed unnecessarily. However, the Enquiry Officer may admit evidence of relevant documents if any even at a later stage of the enquiry by either side before the final orders are passed by the officer provided he finds that such documents provide necessary evidence for arriving at a fair decision. e) Oral evidence may be recorded by the Enquiry Officer if he permits any witness to be produced by either side. After the person charged has presented his written statement as per close
(b). The evidence of the prosecution shall be recorded first and thereafter the defence evidence shall be recorded. All such statements shall be read over to the witness and then signed by the witness. If the witness is illiterate then his thumb impression shall be taken and the enquiry officer shall also sign the same in proof the same being read over to him and admitted to be correct by the witness. f) Normally it shall be responsibility of the prosecution and defence to produce their witness by themselves unless the enquiry officer otherwise directs the summoning of the witness through its agency but unnecessary adjournments shall not be given for calling or appearances of witness which may prolong enquiry and defeat the justice. g) The expenses of witness, if any, called by the Federation to give evidence against the person charged shall be borne by the Federation and the expences of witness called by, or at the instance of the person charged shall be borne by him. h) After completing the enquiry and giving the person charged a further opportunity of making a written or oral statement, the enquiry officer shall record his findings on such charges and reasons for such findings. i) The competent authority, on the basis of its own findings or on those of the Enquiry Officer, shall pass such orders as he may deem fit provided that before the competent authority passes the final order imposing the penalty of dismissal or removal, the person concerned shall be supplied with a copy of the findings of the competent authority or of the enquiry officer, as the case may be and give a 15 days’ notice to show cause why the penalty should not be imposed. j) Every order imposing a penalty on the Federation Employees shall be communicated to him in writing unless the same has been announced personally to him by the competent authority and a note to this effect made on the order sheet by the competent authority.
3. The procedure laid down in sub-clause 2 need not be followed and all or any of its provisions may be waived in the following cases:-
(i) When the person charged is a temporary employee;
(ii) When the person charged admits the charges;
(iii) When the order of punishment i.e. dismissal removal or reduction is to be based on facts which have led to the conviction of the person charged in a criminal court.
(iv) When the person charged has absonded or when it is for other reasons impracticable to communicate with him.
13. Punishment of lent Officers : A servant of the Central or State Government or Public Sector undertaking whose services have been lent to the Federation shall not be punished except by an authority who would have been competent to do so. If his services had not been lent, by the Managing Director or the authority delegated with the powers of punishment, as the case may be shall be entitled to make an enquiry and to report against such servant to such authority in the Government who can impose penalty upon such lent officer.
CHAPTER-III
14. Disposal of Appeals : In the case of an appeal against an order imposing a penalty the appellate authority shall consider :
(i) Whether the facts on which the order was based have been established;
(ii) Whether the facts established afford sufficient ground for taking acting;
(iii) Whether the penalty is excessive; adequate or inadequate; and
(iv) Whether the prescribed procedure has been duly followed and after such consideration shall pass such order as it thinks proper.
15. Who should appeal : Every officer or servant preferring an appeal shall do so separately and in his own name.
16. Time limit for appeal : No appeal preferred under these regulations shall be entertained unless it is preferred within 30 days from the date on which the appellant received the impugned order appealed against.
17. Procedure for appeal : Every appeal preferred under these regulation shall contain all material statements and arguments relied upon by the appellant and shall contain no disrespectful or improper language and shall be complete in itself. Every such appeal shall be complete in itself. Every such appeal shall be addressed directly to the authority to whom the appeal is preferred and shall be submitted to the appellate authority competent to hear the appeal.
18. Power of Appellate Authority to call for records : An appellate authority may call for any record admissible under these regulation and may pass such orders thereon as it considers fit.
CHAPTER-IV Review
19. Notwithstanding anything contained in these regulation any other authority specified in this behalf by the Federation by a general or special order, and within such time as may be prescribed in such general or special order, may at any time, either on his or its own motion or otherwise call for the records of any enquiry and review any order made under the rules and may:- a) Confirm, modify or set aside the order; or b) Confirm, reduce, enhance or set aside the penalty imposed by the order or impose any penalty where no penalty has been imposed or c) Remit the case to the authority which made the order or to any other authority directing such authority to make such further enquiry as it may consider proper in circumstance of the case and d) Pass such other orders as it may deem fit; provided that no order imposing a minor penalty or enhancing any penalty shall be made by reviewing authority unless the employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the major penalties or to enhance the penalty imposed by the order sought to be reviewed, no such penalty shall be imposed except after an enquiry in the manner laid down in rule 4 and after giving a reasonable opportunity to the employee concerned of showing cause against the penalty proposed on the evidence adduced during the enquiry.
(2) No proceeding for review shall be commenced until after : a) The expiry of the period of limitation for an appeal or b) The disposal of the appeal, where any such appeal has been preferred;
(3) An application for review shall be dealt with the same manner as if it were an appeal under these rules.
CHAPTER-V MISCELLANEOUS
20. Power to interpret these rules : The Board of Director reserves the right to interpret the provisions of these regulations.
21. Power to amend, modify or add to these regulations : The Bard or Directors may amend, modify or add to those regulations from time to time and all such amendments, modifications or additions shall take effect from the dates stated therein.
SCHEDULE-I APPOINTING, DISCIPLINARY AND APPLEATE AUTHORITIES FOR OFFICERS AND EMPLOYEES OF RCDF SI. No 1 1 2 3 4 5 6 7 Particulars of the post 2 Comptroller, Secretary Manager (Marketing), Manager (Projects), Manager (SAHP), Manager (Frozen Semen Bank), Project Analyst, Institutional Dev. Officer and Officers in Group ‘A’ supervisory service. Executive Engineer, Project Officer (Exotic Cattle Farm), Project Officer (Semen Bank), Animal Breeder, Fodder Agronomist, Dy. Manager (Projects) and posts in Group ‘B’. Asstt. Engineer, Asstt. Project Analyst, Accounts Officer. Asstt. Accounts Officer, Accountant, Jr. Accountant, Cashier, Store-keeper. Office Asstt. Assistant, Jr. Asstt., Stenographer, PAS, Driver, Class IV Statistical Asstt., Computer Jr. Engineer, Ferroman, Drafts man, Horticulturist Appointing Authority 3 Board of RCDF Board of RCDF Managing Director Managing Director Secretary Secretary Secretary Disciplinary Authority 4 Managing Director Managing Director Secretary Comptroller Secretary Project Analyst Executive Engineer Appellate Authority 5 Establishment Committee of Board Establishment Committee Managing Director Managing Director Managing Director Managing Director Managing Director Headquarter of RCDF: 1 1 2 3 4 5 6 7 2 General Manager, Manager (Plant) and Officer in Group ‘A’ Dairy Technologist, Shift Officer, Dairy Engineer, Dy. Manager, Quality Control Officer and officer in Group ‘B’ Technical Assistant, Technical Officers, Asstt. Engineer, Manager Chilling Centers, Asstt. Project Officers and other officers in group ‘C’ Admn. Superintendent, Personnel Officer, Accounts Officer Stenographers/PAs, Establishment Asstts/UDC/Timekeeper,Jr. Asstt. /LDC/Clerk/Typist, Telephone Operator Accountant, Jr. Acctt. Store keeper, Cashier, Purchase Supervisor, Sales Supervisor, Stores Supervisor, Cash Collection Clerk, Sales Inspector Foreman, Asstt. Chemist, Dairy Technician, Shift Asstt. Refrigeration Operator, Boiler Attendant, Electrician, Fitter, Welder, Mechanic, Turner, Milk Recorder, Laboratory Asstt., Dairy Supervisor, Pump Operator, Boiler Helper, Milk Reception Asstt., Carpenter, Dairy Workers. 3 Board of Director Board of Director Managing Director Managing Director General Manager/ Manager where there is no post of GM General Manager/ Manager where there is no post of General Manager General Manager/ Manager where there is no post of General Manager 4 Managing Director General Manager General Manager/ Manager where no post of General Manager General Manager General Manager/ Manager where there is no post of GM General Manager/ Manager where there is no post of General Manager Manager 5 Establishment Committee of Board Managing Director Managing Director Managing Director Managing Director Managing Director General Manager Dairy Plants & Chilling Centers : 1 8 1 2 3 2 Driver, Khalasis, Class IV Dy. Manager Animal Nutrition Officer, Production Engineer, Accounts Officer, Sales / Purchase Officer Purchase Supervisor, Chemist, Jr. Accountant, Estt. Asstt., Time keeper, Operator (Gr. I & II) Boiler Attendant, Fitter cum Welder, Clerk Typist, Helpers, Laboratory Asstt., Watchman, Driver, Attendant. 3 General Manager/ Manager Board of Directors Board of Directors Managing Director Secretary 4 Personal Officer Managing Director Dy. Manager Dy. Manager 5 General Manager Establishment Committee of the Board Managing Director Managing Director Feed Mixing Plant : RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD SARAS SANKUL : J.L.N. MARG : JAIPUR-302017. **** No. RCDF/Estt/F. ( )/92/7600-33 Dated ; 30.05.92 OFFICE ORDER In pursuance of Resolution No.44(25) passed in the 44th Meeting of Board of Directors of RCDF held on 6th May, 1992, Scheduled-I attached to the RCDF Employees (Disciplinary Action & Appeal) Regulations, 1980 is hereby revised as per Annexure-A enclosed hereto. The Disciplinary Authority shall be competent to inflict minor penalty and the Appointing Authority shall be competent to inflict major penalty. Encl : As above Copy to:-
1. General Manager (Maktg.)/O.S.D., RCDF, Jaipur
2. Mailing list B, D, E & F.
3. PS to MD/Sr. PA to GM(P&A), RCDF, Jaipur.
4. Officer order/Master file. MANAGING DIRECTOR S. P. MITTAL MANAGING DIRECTOR ANNEXURE-A
SCHEDULE-I APPOINTING DISCIPLINARY, APPELLATE AUTHORITIES FOR OFFICERS & EMPLOYEES OF RCDF SI. No 1 1 2 3 4 1 2 Payscale of the post 2 Officers in the pay scale of Rs. 4100- 5300/- (GM’s) Officers in the pay scale of Rs. 3700- 5000/- (Manager’s) Officers in the pay scale of Rs. 3000- 4500/- (Dy. Manager) Officers in the pay scale of Rs. 2200- 4000/- (Asst. Manager) Employees working in the pay scale of Rs.1200-2050 and above but up to the pay scale of Rs. 2000-3500/- Employees working in the payscale of Rs. 950-1680/- and below. Appointing Authority 3 Managing Director, RCDF. MD, RCDF MD, RCDF GM(P&A) GM(P&A GM(P&A Disciplinary Authority 4 Managing Director, RCDF GM(P&A) GM(P&A) GM(P&A GM(P&A Dy. Manager (Persl.) Appellate Authority 5 Personal Committee RCDF. Personal Committee RCDF. MD, RCDF MD, RCDF MD, RCDF GM(P&A
1. a) OFFICERS AT RCDF HEADQUARTERS :
2. b) EMPLOYEES AT RCDF HEADQUARTERS :
Note :- The disciplinary authorities shall be competent to inflict minor penalties and Appointing Authority shall be competent to inflict major penalties. 1 1 2 3 1 1 1 1 1 2 Officers in the payscale of Rs. 3000- 4500/- Officers in the payscale of Rs. 2200- 4000/- Employees working in the payscale of Rs.750-940/- and above but upto the payscale of Rs. 2000-3500/- Employees working in the payscale of Rs.750-940/- and above but up to the payscale of Rs. 2200-4000/- Officers & employees in the payscale of Rs. 2200-4000/- and below Officers & employees in the payscale of Rs. 750-940/- and above but upto the payscale or Rs. 2200-4000/- Officers & employees in the payscale of Rs. 750-940/- and above but upto Rs. 2000-3500/- Officers & employees in the payscale of Rs. 2200-4000/- and below 3 MD, RCDF. GM(P&A) MD, Milk GM(P&A) GM(P&A) GM(P&A) GM(P&A) GM(P&A) 4 MD, Milk Union. MD, Milk Union. Manager (Plant) in respect of plant employees & Manager (P&A) in respect of field employees. Manager C.F.P. Resident Manager Unit In charge. Unit In charge. Unit In charge. 5 MD, RCDF MD, RCDF. MD, Milk Union GM(P&A) GM(P&A) GM(P&A) GM(P&A) GM(P&A)
2. DISTRICT MILK PRODUCERS CO-OPERATIVE UNIONS :
3. FEED MIXING PLANT :
4. OFFICERS OF RESIDENT MANAGER, NEW DELHI:
5. FROZEN SEMEN BANK/EXOTIC NUCLEUS FARM:
6. CATTLE BREEDING FARM:ROJARI :
7. ASEPTIC PACKING STATION, JAIPUR: