Amendments to the Appendix and/or schedules forming part of these rules may be main made by the Board.
Amendments to the Regulations may be made by the Board with prior approval of the Government.
DISCIPLINE & APPEAL RULES
PART - I DISCIPLINE
1. Nature of Penalties :- The following penalties may, for good and sufficient reasons, and as hereinafter these provided be imposed on an employee namely for misconduct.
Minor Penalties :-
(i) Censure/Fine
(ii) Withholding of promotion service taken
(iii) Recovery from pay of the whole or part of any pecuniary loss caused to the Corporation
(iv) Withholding of increments nay be Major Penalties :-
(v) Reduction to a lower grade or post or stage in a time scale
(vi) Compulsory retirement
(vii) Removal from service
(viii) Dismissal from service
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Explanation :- The following shall not amount to a penalty within the meaning of this rule, namely :-
(i) Withholding of increments or pay of an employee on his failure to pass any departmental, and or qualifying examination if any, in accordance with the rules or orders governing the post or the terms of his appointment;
(ii) Stoppage of an employee at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
(iii) Non-promotion of an employee whether in a substantive or officiating capacity after consideration of his case to a grade or post for promotion to which he is eligible;
(iv) Reversion of an employee on probation in a higher grade of a post to a lower grade or post, on the ground that he is considered after trial to be unsuitable for such higher grade or post or on administrative grounds unconnected with his conduct;
(v) Reversion of any employee, appointed on officiating basis to any other grade or post during or at the end of the aforesaid period in accordance with the terms of his appointment or to the rules and orders governing probation/ officiating basis;
(vi) Replacement of the services of an employee, whose services had been borrowed from State Government or a government ned organisation, company or Corporation from which the services of such an employee had been borrowed.
(vii) Compulsory retirement of an employee in accordance with the provisions relating to his superannuation or retirement;
(viii) Termination of the Services :
(a) of an 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 rules and orders governing such probation; or
(b) of a temporary employee whose services are terminated within a period of 3 months of his appointment;
(c) of an employee, under an agreement, in accordance with the terms of such agreement.
2. Disciplinary Authorities :-
(i) The Board of Directors/ Executive Committee may impose any penalties specified in Rule 1 on any employee.
(ii) Without prejudice to the provisions in sub-rule (i), any of the penalties specified in Rule 1 may be imposed on an employee by the appointing authority empowered in this behalf by a general or special order of the Board.
3. Acts of Misconduct :- Without prejudice to the general meaning of the term 'Misconduct' it shall be deemed to include the following :-
(i) Habitual late attendance, wilful or habitual absence from duty without leave or without sufficient cause.
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(ii) Negligence or neglect of duty, malingering, loitering, idling wasting time during working hours and wilfully slowing down in the performance of work or inciting others to do so.
(iii) Leaving station without permission.
(iv) Gambling, drunkenness, intoxication, or riotous or disorderly or indecent behaviour, threatening, intimidating, coercing other employees or interference with the work of others.
(v) Collection of, or canvassing for, moneys without the prior written permission of the competent authority.
(vi) Acceptance of gifts from and lending or borrowing money to or from subordinate employees.
(vii) Unauthorised use or occupation of the Corporation's quarters, land or other property.
(viii) Habitual indiscipline or wilful insubordination or disobedience of any lawful or reasonable order of y and also neglecting the order to work overtime in accordance with the Corporation's regulations or any other law that may be in force from time to time.
(ix) Theft of Corporation's property and fraud or dishonesty in connection with the Corporation's business or property either within or outside the Corporation's premises or its precincts or theft of another employee's property within the Corporation's premises or its precincts.
(x) Giving false information regarding one's particulars for purposes of employment or concealing any facts about any previous employment, age and other particular in this respect or giving false evidence at the time of any departmental enquiry.
(xi) Taking or giving, offering or asking for bribes or any illegal gratification whatsoever or indulging in corrupt practices.
(xii) Assaulting or intimidating any employee of the Corporation.
(xiii) Sabotage or wilful damage to or loss of Corporation's goods or property.
(xiv) Unauthorised communication of official documents or information relating to the Corporation's business.
(xv) Striking work or inciting others to strike work in contravention of the provisions of any law or rule having the force of law.
(xvi) Conviction by a court of law for any criminal offence involving moral turpitude.
(xvii) Breach of any law applicable to the works or of the conduct Rules and any other rules or orders issued by the Corporation from time to time.
(xviii) Contracting another marriage while wife is still alive or marrying a person who has a wife living, without first obtaining the permission of the Corporation.
(xix) Adjudge insolvency not warranting continuance of the Corporation's trust and confidence which the duties of the employee call for.
(xx) Writing of anonymous letters etc., addressing appeals or representations to an authority other than the appellate or the appropriate authority and forwarding advance copies of appeals or representations to any authority.
(xxi) Abetment of or attempt at an act of misconduct.
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(xxii) Engaging in other employment whilst still in the service of the Corporation without prior permission of the authority.
(xxiii) Commission of any act subversive of good behaviour or of the discipline of the Corporation.
(xxiv) Convassing for Union or party membership or the collection of union or party dues, funds or contribution, etc. on the Corporation's premises or its precincts.
(XXV) Distributing or exhibiting in the Corporation's premises or its precincts hand bills, pamphlets, posters or causing to be displayed by means of signs or writing, or other visible representations, any matter without previous sanction of the authority.
(xxvi) Organising, holding, attending or taking part in any meeting within the Corporation's premises or its precincts without prior sanction of the authority.
(xxvii) Conduct within the Corporation's premises or its precincts which is likely to endanger the life or safety of any person.
(xxviii)Refusal to accept chargesheet, orders or other communications served either in accordance with these rules or in the interest of discipline.
(xxix) Wilful falsification, defacement or destruction of personal records or any records of the Corporation.
(xxx) Refusal to work on holidays or on Sundays when notified to do so in the exigencies of the Corporation's work.
(xxxi) Allowing an unauthorised person to operate Corporation's Vehicle.
(xxxii) Surrounding or forcibly detaining management or any of the Corporation's Officers.
(xxxiii)Possession of any lethal weapon in the Corporation's premises or within its precincts without the prior permission of the authority *(xxxiv)Doing any kind of business with or taking contracts of any kind from the corporation by himself for through his family members.
Note:- This list is only illustrative and not exhaustive and any obvious improper conduct on the part of an employee will be treated as a misconduct.
PART - II
4. Procedure for Imposing Major Penalties:-
(1) No order imposing any of the penalties specified in clauses (v) to (viii) of Rule 1 shall be made except after an enquiry held as far as may be in the manner hereinafter provided.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for enquiring into the truth of any imputation of misconduct or misbehaviour against an employee it may itself enquire into & appoint under this rule, an authority to enquire into the truth thereof.
* Inserted vide Gazette Notification dated 15.7.1993
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(3) Where it is proposed to hold an enquiry against an employee the disciplinary authority shall draw up or cause to be drawn up :
(i) The substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge which shall contain;
(a) a statement of all relevant facts including any admission or confession made by the employee.
(b) a list of documents by which, and a list of witnesses by whom, the articles of charges are proposed to be sustained.
(4) When an employee is charged with misconduct, which may lead to the imposition of a major penalty, the Disciplinary Authority shall frame definite charges on the basis of the allegations against him. The charges together with a statement of allegations on which they are based, shall be communicated in writing to the employee, who shall be required to submit within such time as may be specified by the Disciplinary Authority (not less than 15 days) a written statement of defence.
(5) (a) On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as are not admitted; or, if it considers it necessary so to do, appoint an Inquiring Officer for the purpose, and where all the articles of charge have been admitted by the employee in his written statement of defence, 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 the rules.
(b) If no written statement of defence is submitted by the employee, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do, appoint, under sub-rule (2) Enquiry Officer for the purpose.
(c) Where the disciplinary authority itself inquires into any articles of charge or appoints an inquiring authority for holding an inquiry into such charge, it may, by an order, appoint an employee or a legal practitioner to be known as the "Presenting Officer" to present on its behalf the case in support of the articles of charge.
(6) The disciplinary authority shall, where it is not the inquiring officer, forward to the inquiring authority;
(i) A copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any submitted by the employee;
(iii) a copy of the statement of witnesses, if any referred to in sub-rule (3);
(iv) evidence proving the delivery of the documents referred to in sub-rule (3) to the employee and;
(v) a copy of the order appointing the "Presenting Officer."
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(7) The employee shall appear in person before the inquiring officer on such day and at such time within ten working days from date of receipt by him of the articles of charge and the statement of the imputations or misconduct or misbehaviour, as the inquiring officer may, by a notice in writing, specify in this behalf, or within such further time, not exceeding ten days, as the inquiring officer may allow.
(8) The employee may take assistance of any other employee to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the presenting officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority having regard to the circumstances of the case, so permits.
* An employee of the corporation shall not be allowed to assist in more than one enquiry at a time.
(9) If the employee who has not admitted any of the articles of charge in his written statement of defence, appear before the inquiring officer, such officer shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring officer shall record the plea, sign the record and obtain the signature of the employee thereon.
(10) The inquiry officer, shall return a finding of guilt in respect of the articles of charge to which the employee pleads guilty.
(11) The inquiring officer shall, if the 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 the articles of charge and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence:-
(i) Inspect within five days of the order or within such further time not exceeding five days as the inquiring officer may allow the documents specified in the list referred to in sub-rule(3).
(ii) submit a list of witnesses to be examined on his behalf.
NOTE:If the employee applies orally or in writing for the supply of copies of the statement of witnesses mentioned in the list referred to in sub rule (3) the inquiring officer 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.
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring officer may allow, for the discovery or production of any documents which are in the possession of Corporation but not mentioned in the list referred to in sub-rule(3).
NOTE:The employee shall indicate the relevance of the documents required by him to be discovered or produced by the Corporation.
(12) The inquiring officer shall, on receipt of the notice or the discovery or production of documents, 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 document, by such date as may be specified in such requisition.
* Inserted vide Gazette Notification dated 15-7-1994 w.e.f. 8-6-93.
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Provided that the inquiring officer may, for reasons to be recorded by him in writing, refuse to requisition such of the documents as are, in his opinion, not relevant to the case.
(13) On receipt of the requisition referred to in sub-rule (12) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring officer.
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 public interest or security of the State, he shall inform the inquiring officer accordingly and the inquiring officer shall, on being so informed, communicate the information to the employee and withdraw the requisition made by it for the production or discovery of such documents.
(14) 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 disciplinary authority. The withesses shall be examined by the Presenting Officer and may be cross examined by or on behalf of the 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 officer. The inquiring officer may also put such questions to the witnesses as he thinks fit.
(15) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the enquiring officer may, in his discretion, allow the Presenting Officer, to produce evidence not included in the list given to the employee or may himself call for new evidence or recall and re-examine any witness and in such case the 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 days of the adjournment and the days to which the inquiry is adjourned. The inquiring officer shall give the employee an opportunity of inspecting such documents before they are taken on the record. The inquiring officer may also allow the employee to produce new evidence, if he is of the opinion that the production of such evidence is necessary in the interest of justice.
Note:- New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.
(16) When the case for the disciplinary authority is closed, the employee shall be required to state his defence orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case a copy of the statement of defence shall be given to the presenting officer, if any, appointed.
(17) The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring officer according to the provisions applicable to the witnesses for the disciplinary authority.
(18) The inquiring officer may, after the employee closes his case, and shall, if the employee has not examined himself, generally question him on the circumstances appealing against him in the evidence for
(27) the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.
(19) The inquiring officer may, after the completion of the production of evidence, hear the employee and/or his assisting officer & the presenting officer if any appointed, or permit them to file written brief of their respective cases, if they so desire.
(20) If the employee to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring officer or otherwise fails or refuses to comply with the provisions of this rule, the inquiring officer may hold the inquiry exparte.
(21) (a) Where a disciplinary authority competent to impose any of the penalties specified in clauses (i) to
(iv) of Rule 1 has itself inquired into or caused to be inquired into the articles of any charge and the said authority, having regard to its own findings or any inquiring officer appointed by it, is of the opinion that the penalties specified in clauses (v) to (viii) of Rule I should be imposed on the employee, the inquiring officer shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties.
(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 witne the interest of justice, recall the witness and examine, cross-examine and re-examine and may impose on the employee such penalty as it may deem fit in accordance with these rules.
(22) Whenever any inquiring officer, after having heard and recorded the whole or any part of the evidence in an enquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring officers which has, and which exercises, such jurisdiction, the inquiry officer so succeeding may act on the evidence so recorded by its predecessor, or Partly recorded by its predecessor and partly recorded by itself.
Provided that if the succeeding inquiring officer is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross examine and re-examine any such witnesses as herein before provided.
(23) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain:
(a) The articles of charge and the statement of the imputations of misconductor misbehaviour;
(b) The defence of the employee in respect of each article of charges;
(c) An assessment of the evidence in respect of each article of charges;
(d) The findings on each article of charge and the reasons therefore.
EXPLANATION:- If in the opinion of the inquiring officer the proceedings of the inquiry establish any article of charge different from the original articles of the charge he may record his findings on such article of charge;
Provided that the findings on such article of charge shall not be recorded unless the 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.
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(ii) The inquiring officer, where he is not himself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include:
(a) The report prepared by him under clause (i);
(b) The written statement of defence, if any, submitted by the employee;
(c) The oral and documentary evidence produced in the course of the inquiry;
(d) Written briefs, if any, filed by the presenting officer or the employee or both during the course of the enquiry; and
(e) the orders, if any, made by the disciplinary authority and the inquiring officer in regard to the inquiry.
5. Action on the Enquiry Report :
(1) The disciplinary authority, if it is not itself the inquiring officer may, for reasons to be recorded by it in writing remit the case to the enquiring officer for further inquiry and report and the inquiring officer shall thereupon proceed to hold the further inquiry according to the provisions of rule 4 as far as may be;
(2) The disciplinary authority shall, if it disagrees with the findings of the inquiring officer on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose;
(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 penalties specified in clauses (i) to (iv) of Rule I should be imposed on the employee, it shall, notwithstanding anything contained in rule 6, 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 is of the opinion that any of the penalties specified in clauses (v) to (viii) of rule I should be imposed on the employee, it shall:
Furnish to the employee a copy of the report of the inquiry held by it and its findings on each article of charge, or where the inquiry has been held by an inquiring officer appointed by it, a copy of the report of such authority and a statement of its finding on each article of charge together with brief reasons for its disagreement, if any, with the findings of the inquiring officer.
6. Procedure for Imposing Minor Penalties:
(1) When it is proposed to impose any of the minor penalties on any employee he shall be informed in writing of the allegations or charges on account of which it is proposed to impose the penalty on him and asked to submit his explanation within a specified period not exceeding 7 days. The explanation and evidence, if any, furnished by the employee shall be taken into consideration by the Disciplinary Authority before passing orders.
(2) The record of the proceedings in such cases shall include :
(a) A copy of the statement of allegations and/or charges communicated to the employee;
(b) The explanations and evidence, if any, furnished by the employee; and
(c) The findings of, and the order passed by the disciplinary authority.
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(3) Where the penalty of withholding of increment or promotion etc. is imposed on an employee, the disciplinary authority shall state the period for which it will be effective and where increment is withheld, it will, be granted on the expiry of the period without affecting the normal date of increment in future, unless the order indicates that the stoppage of increment will have cumulative effect.
7. Communication of Orders :- Orders made by the disciplinary authority shall be communicated to the 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 officer, a copy of the report of the inquiring officer 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 officer (unless they have already been supplied to him).
8. Common Proceedings:- (1) Where two or more employees are concerned in any case, the Board or any other authority competent to impose the penalty of dismissal from service on all such employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
Note :- If the authorities competent to impose the penalty of dismissal on such employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.
(2) Any such order shall specify;
(i) The authority which may function as the disciplinary authority for purpose of such common proceeding;
(ii) The penalties specified in Rule 1 which such disciplinary authority shall be competent to impose;
(iii) Whether the procedure laid down in rule 4 and rules 5 and 6 shall be followed in the proceedings.
9. Special Procedure in certain cases :- In cases where
(i) A penalty is imposed on an employee on the ground of conduct which has led to his conviction on a criminal charge, or on the strength of facts or conclusion arrived at by a judicial trial; or
(ii) The employee on whom a penalty is imposed is absconding,
(iii) The reasons of security so warrant; the disciplinary authority may dismiss an employee from the service without following the procedure laid down in these rules.
PART - III SUSPENSION
10. (i) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in this behalf by the Board by general or special order, may place an employee under suspension;
(a) Where a disciplinary proceeding against him is contemplated or is pending; or
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(b) 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 lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstance in which the order was made.
(ii) An employee, shall be deemed to have been placed under suspension by an order of appointing authority:
(a) With effect from the date of his detention, if he is detained in custody, whether on a criminal charge 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.
EXPLANATION :- The period of forty-eight hours referred to in clause (b) of this sub-rule 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.
(iii) An order of suspension made under this rule, may at any time be revoked by the authority which made the order, or by any higher authority.
(iv) An order of suspension shall be followed by a chargesheet within fifteen days, except where a case for a criminal offence against the employee is under investigation or trial.
Note :-Leave cannot be granted to an employee while under suspension except in case of serious illness, infirmity or for such other reasons as authority competent to sanction leave is satisfied that they are genuine.
11. Subsistence Allowance :- An employee under suspension shall be entitled to subsistence allowance equal to half of the total of his basic pay and dearness allowance, if any, provided that he declares to the satisfaction of the Disciplinary Authority that he is not engaged in any other employment, business, profession or vocation, if the period of suspension exceeds 6 months, for reasons to be recorded in writing), for which the employee is not responsible, the subsistence allownace will be 3/4th of his basic pay plus dearness allowance if any. If however, the period of suspension is to be extended beyond 6 months, for reasons (to be recorded in writing) for which the employee is responsible the subsistence allowance will be reduced to 1/4th of the basic pay plus dearness allowance, if any. A report shall be made to the Managing Director or the Executive Committee or the Board, as the case may be, in either case explaining the reasons for the delay in the disposal of the case.
12. Pay and Allowance on Reinstatement :
(i) When, an employee who has been dismissed, removed or suspended is reinstated, the authority competent to order the reinstatement should consider and make a specific order :
(a) Regarding the pay and allowance to be paid to the employee for the period of his absence from duty; and
(b) Whether or not the said period shall be treated as a period spent on duty.
1. Substituted vide Gazette Notification dated 9th May, 1985
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(ii) An employee who is fully exonerated or in the case of suspension where it was wholly unjustified, he shall be given the full pay and allowances to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be.
(iii) In other cases, the employee may be given such proportion of such pay and dearness allowance as the competent