S.O. 42 and 43 dated 07-01-1978-S… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Notification
Year	1963
Jurisdiction	Central
Ministry	Ministry of Commerce and Industry
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	ip

35 Whether the action of the management of the Bank of Rajasthan Ltd. in imposing the punishment of withholding of one annual grade increment without postponing future increments on S/Shri P. K, Sharma, Special Asstt. and D. P. Goyal, Casniercum-Godown, Keeper, Johri Bazar, Jaipur Branch of the Bank ? If not, to what relief are the said workmen entitled ?'

2. After the case was registered, a notice was sent to the respective parties and a statement of claim was filed on behalf of the workmen. The next date for filing of reply was fixed at Jaipur on the request of the parties and instead of filing the reply on 18-10-1977, the parties representatives came forward with the following statement:

'The parties have compromised vide Ex. C/l . There no longer exists any dispute between the parties.

A no dispute award may be made In this case.'

3. In view of the settlement and In view of the statements recorded above, a no dispute award is passed in the Instant case. Parties are left to bear their own costs. Requisite copies of the award may be sent to the appropriate Govt.

for necessary action.

Dated : 19th October, 1977.

BEFORE THE PRESIDING OFFICER, CENTRAL GOV- ERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, NEW DELHI In the matter of reference under section 10 of the Industrial dispute Act, 1947 (XIV of 1947).

Reference No. L. 12011/14/77 D. n A case No. 44 of 1977 Shri R. K. Sharrna, Shri D. P. Goyal, Represented by Rajasthan Bank Employees' Union— workmen.

V/ i The General Manager, The Bank of Rajasthan Ltd., Jaipur. Employer.

Whereas an Industrial Dispute between the parties abovenamed was referred to your Hon'ble court for adjudication, under section 10 of the Industrial Dispute Act, 1947, and Whereas the dispute has since been settled amicably between both the parties abovenamed in the matter of said Industrial dispute through the All India Bank of Rajasthan Employees' Federation, the parties beg to request that a no dispute award may be passed In the matter.

Jaipur.

Dated : 12-10-1977. Sd,/- Sd/- R. K. Sharma D. P. Goyal Workman. Workman.

Sd,/- Sd/- T. C- Jain. R. K. Garg Manager (Personnel) Asstt. General Secretary, on behalf of the Employer on behalf of the workmen (The Bank of Rajasthan (Rajasthan Bank Employees Ltd.) Jaipur. Union).

Dated : October 12, 1977.

Copy forwarded for information to :—

1. Assistant Labour Commissioner (C) Civil Lines, Ajmer.

2. Regional Labour Commissioner (C) Civil Lines, Ajmer.

3. Chief Labour Commissioner (C) Sharmshakti Bhnwan, Rafi Marg, New Delhi.

4. The Secretary, Govt. of India, Ministry of Labour, New Delhi.

Sd/- Sd/- T. C. Jain. R. K. Gars, Manager (Personnel) Asstt. General Secretary, ____ (The Bank of Rajasthan Rajasthan Bank Employees' Ltd.) Jaipur. Union.

Sd/- Sd/- O. P. Vyas. R. L. Khandelwal.

Officer (Law) President, The Bank of Rajasthan Ltd. Rajasthan Bmk Employees Union.

MAHESH CHANDRA, PresldinR Officer [No. L-12011/14/77-D. II. A.]

JAGDISH PRASAD, Under Secy.

36 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART II—SEC. 3fji)*- 37 38 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART II—SEC. 3(ii)l 39 40 THE GAZETTE OF INDIA : JANUARY 7, I978/PAUSA 17, 1899 [PART II—SEC." 3(ii)} 41 127 GI/77.—6.

42 THE GAZETTE OF INDIA ; JANUARY 7, 1978/PAUSA 17, 1899 [PART I I - S E C . 3(Kfl-

43.

44 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART II—SEC. 3(ii)l 45 MINISTRY OF COMMERCE New Delhi, the 7th January, 1978 S.O. 42 In exercise of the powers conferred by Section 17 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963) the Central Government hereby makes the following rules namely :—

PART I—GENERAL A Short title and Commencement.—

1.(1) These rules may be called the Export Inspection Council Employees (Classification, Control and Appeal) Rules, 1978.

(2) They shall come into force on the date of their publication in the official Gazette.

B. Definitions,— 2, In these rules, unless the context other- wise requires,—

(a) "Council" means the Export Inspection Council;

(b) "Appointing Authority" in relation to a Council employee means :

(i) The authority empowered to make appointment to the post which the Council employee for the time being holds ; or

(il) The authority which appointed the Council employee to such grade or post, as the case may be, whichever authority is the highest authority.

(i) is an employee of the Council and includes any such person on foreign service or whose services are temporarily placed at disposal of the Central Government, State Government, a local or other authority ;

(ii) any employee who is in the service of the Central Government, State Government, a Local or other Authority and whose services are temporarily placed at the disposal of the Council ;

(d) "Group'1 means any of the groups specified in rule

(e) "Head of the Department" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority means the Director of Inspection anl Quality Control ;

(f) "Head of Office" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority means the authority declared to be the Head of the Office by the Chairman;

(g) "Chairman" means the Chairman of the Council;

(h) "Director" means (he Director of Inspection and Quality Control and ex-officio Member Secretary of the Council;

(i) "Additional Director" means the Additional Director of the Council;

(j) "disciplinary authority" means the aulhorty competent under these rules to impose on a Council employee any of the penalties specified in rule 8 ;

(k) words and expressions used but not defined in these rules and defined in the Central Civil Services (Classification, Control and Appeal) Rules, 1965, shall have the meanings respectively assigned to them in those rules.

C. Application.—

3. Subject to the provisions of rule 18, these rules shall apply to every Council employee.

D Interpretation,—

4. If any doubt arises with regard to the meaning of any of these rules, trie matter shall be referred to the Council which shal decide the same.

PART IT—CLASSIFICATION

5. For the purpose of these rules the Council employees shall be classified into the following four Groups, namely :— Group A ; A post carrying a pay or a scale of pay with a maximum of not less than Rs, 1300.

Group B : A post carrying a pay or a scajc oi pay with a miximum of not less than Rs, 900 but less than Rs. 1300.

Group C : A post carrying a pay or a scale of pay with a maximum of over Rs, 290 but less than Rs. 900.

Group D : A post carrying a pay or a scale of pay the maximum of which is Rs. 290 or less.

PART 1II-^SUSPENS1ON

6. (1) The appointing authority or any authority to which it is subordinate of tho disciplinary authority or any other authority empowered in this behalf by the Chairman or Director by special or general order may place a Council employee under suspension—

(a) where a disciplinary proceedings against him is contemplated or is pending, or

(b) where in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State, or

(2) A Council employee shall be deemed to have been placed under suspension by an order of Appointing Authority ;

(a) with effect from the Jate of his detention, if he is detained in custody, whether on a criminal charge or otherwise for a period exceeding fortyeight hours.

(b) with effect from the date of his conviction, if in the event of a conviction for an ohence, he is sentenced to a term of imprisonment exceeding fortyeight hours and is not forthwith, dismissed or removed or compulsorily retired consequent, to such conviction.

Explanation: The period of a fortyeight hours referred to in clause (b) nhall be computed from the commencement of the imprisonment after the conviction and for this purpose intermittent period of imprisonment, if any shall bo taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Council employee under suspension ia set aside in appeal or on review under these rules and the case is remitted 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 original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Council employee 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 circumstances of the case, decide to hold a further inquiry against him on the allegations on which tho penalty of dismissal, removal or compulsory retirement was originally imposed, the Council employee shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspenrion until further orders.

(5) (a) An order of suspension mads or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so ;

(b) where a Council employee is suspended or is deemed to have been suspended (whither in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, ihe authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Council employee shall continue lo be under-suspension until the termination of all or any such proceedings;

(c) an order of suspension made or deemed to have been made under Ihis rule may at nnv time modified or revoked by the authority which made or is 46 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART II—SEC. 3(ii)] deemed to have made the ordsr or by any authority to which lhat authority is subordinate,

PART IV—CONDUCT

7. Council employee shall be governed by the Central Civil Services (Conduct) Rules, 1964 of the Government of India as amended from time to time.

PART V—PENALTIES & DISCIPLINARY AUTHORITIES

8. The following penalties may, for good and sufficient reasons as hereinafter provided, be imposed on a Council employee, namely :— (ij Censure ;

(ii) Withholding of his promotion;

(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Council by negligence or breach of order;

(iv) withholding of increments of pay ;

(v) reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the Council employee will earn increment of pay during ihc period of such reduction and whether on the expiry of such period the redution wil or will not have the effect of postponing the future increments of his pay ;

(vi) reduction to a lower time scale of pay, grade post which shall ordinarily be a bar to the promotion of the Council employee, to the time scale of pay, grade, posi from which he was reduced with or without further directions regarding conditions of the restoration to that grade or post from which the Council employee was reduced and his seniority and pay on such restoration to that grade, post;

(vii) compulsory retirement;

(viii) removal from service which shall not be a disqualification for future employment under the Council;

and

(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Council.

Explanation.—The following shall not amount to a penally within the meaning of this rule namely :—

(i) withholding of increments of pay of a Council employee for his failure to pass any departmental examination in accordance with the rules or orders governing the post which he holds or the terms of his appointment;

(ii) stoppage of a Council employee at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar ;

(iii) non-promotion whether in a substantive or officiating capacity of a Council employee after consideration of his case to a grade or post for promotion to which he is eligible ;

(iv) reversion to a Tower service grade or post of a Council employee officiating in a higher 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 to his permanent service, grade or post of a Council employee appointed on probation to another grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation ;

(vi) compulsory retirement of a Council employee In accordance with the provisions relating to his superannuation or retirement ;

(vii) termination of the services—

(a) of a Council 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 ;

(b) of a temporary Council employee in accordance with the rule 16 of the Export Inspection Council Service Rules; or

(viii) replacement of the service of the Council employee whose services had been borrowed from a Central Government, State Government or a focal or other authority from which the services of such Council employee had been borrowed.

"NOTE" The Council or its subordinate authorities described under rule 9 are competent for imposing penalties within the meaning of rule 8 on an employee of the Council in respect of misconduct committed before has employment, if the misconduct was of such a nature as has rationar connection with his present employment in the Council and renders him unfit and unsuitable for continuing service.

DISCIPLINARY AUTHORITIES

9. (1) The Chairman may impose any of the penaltiei specified in Rule 8 on any employee appointed by the Chairman or by any authority subordinate to him empowered to make such appointments.

(2) Without prejudice to the provision of sub-rule (1), any of the penalties specified in Rule 8 may be imposed on the Council employee by the authorities specified in the. schedule annexed hereto.

10. (1) The Chairman or any other authority empowered by him by general or special order may—

(a) Institute disciplinary proceedings against any Council employee ;

(b) Direct a DiscipFinary Authority to institute disciplinary proceedings against any Council employee on whom thai Disciplinary Authority is competent to impose under these rules any of the penalties specified in rule 8.

2. A Disciplinary Authority competent to impose any of the penalties specified in clauses (i) to (iv) of rule 8 may institute disciplinary proceedings against any Council employee for the imposition of any of the penalties specified in clauses (v) to (ix) of rule 8 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.

PART VI—PROCEDURE FOR IMPOSING PENALTIES

11. (1) No order imposing any of the penalties specified in clauses (v) to (ix) of rule 8 shall be made except after an inquiry held, as far as may be, in the manner provided in this rule and in the manner hereinafter provided.

(2) Whenever the disciplinary authority is of opinion that there are grounds for inquiry into the truth of any imputation of misconduct or misbehaviour against Council employee, it may itself inquire into or appoint under this rule an authority to inquire into the truth thereof.

Explanation.—Where the disciplinary authority itself holds the inquiry, any reference in sub-rufe (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the disciplinary authority.

(3) Where it is proposed to hold an inquiry against a Council employee under this rule and in the manner hereinafter provided, 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 or charge ;

(ii) a statement of the imputation of misconduct or misbehaviour in support of each article of charge, which shall contain—

(a) u statement of all relevant facts including any admission or confession made by the Council employee ;

(b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.

(4) The disciplinary authority shall deliver or cause to be delivered to the Council employee a copy of the article* of charge, the statement of the imputations of misconduct or misbehaviour and a lint of documents and witnesses by which each article of charges is proposed to be sustained and shall require the Council employee to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.

(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 consider it necessary so to do, appoint under sub-rule (2) an Inquiring authority for the purpose, and where all the articles of charge have been admitted by the Council 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 shaiT act in the manner hereinafter provided.

(b) If no written statement of defence is submitted by the Council employee, the disciplinary authority may itself inquire into the articles of charge, or may if it considers it necessary to do so, appoint under sub-rule (2) an inquiring authority for the purpose.

(c) Where the disciplinary authority itself inquires into any articles of charge or appoints an inquiring authority for hofding an inquiry Into such charge, it may, by an order appoint a Council employee or any employee working under the administrative and technical control of the Council 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 authority, 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 Council employee ;

(iii) a copy of the statements 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 Council employee ;

and

(v) a copy of the order appointing the "Presenting Officer".

(7) The Council employee shair appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time not exceeding ten days as the inquiring authority may allow.

(8) The Council employee may take the assistance of any other Council employee or any emproyee working under the administrative and technical control of the Council 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.

(9) If the Council-employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority 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 authority shall record the plea, sign the record and obtain the signature of the Council employee thereon.

(10) The inquiring authority shall return a finding of guilty in respect of those articles of charge to which the Council employee plcnds guilty.

(11) The inquiring authority shall, if the Council employee fails to appear within the specified time or refuses or omita to plead, require the Presenting Officer to produce the evidence by which the 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 Council employee may, for the purpose of preparing his defence :

(i) Inspect within five days of the order or within such further time not exceeding live days as the inquiring authority 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 Council employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority 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 authority may allow for the discovery or production of any documents which are in the possession of Council but not mentioned in the list referred to in sub-rule (3).

Note.—The Council employee shall indicate the relevance of the documents required by him to be discovered or produced by the Council,

(12) The inquiring authority shall, on receipt of the notice for 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 documents by such date as may be specified in such requisition:

Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.

(13) On receipt of the requisition referred to in sub-rule

(12), every authority having the custody of possession of the requisitioned documents shall produce the same before the Inquiring authority :

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 bo against the Council's interest or public interest or security of the state, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the Council 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 witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Council employee. The Presenting Officer shall be entitled to re-examine he witness on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.

15. If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting officer to produce evidence not included in the list given to the Council employee or may itself call for new evidence or recall and re-examine any witness and in such case- the Council 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 day of adjournment and 48 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART H—SEC. 3(i)] the day to which the inquiry is adjourned. The inquiring authority shall give the Council employee an opportunity of inspecting such documents before they are taken on the record.

The inquiring authoriy may also ullow the Council employee to produce new evidence, if it 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 Council 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 Council 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 Council employee shall then be produced. The Council employee may examine himself in his own behalf if he so prefers. The witnesses produced by the Council employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority.

18. The inquiring authority may, after the Council employee closes his case, and shall, if the Council employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Council employee to explain any circumstances appearing in the evidence against him.

19. The inquiring authority may, after the completion of the production of evidence, hear the Presenting officer, if any, appointed, and the Council employee, or permit them to file written briefs of their respective case, if they so desire.

20. If the Council 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 docs not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry-ex parte.

21. (a) Where a disciplinary authority competent to impose any of the penalitics specified in clause (i) to (iv) of rule (8) but not competent to impose any of the penalties specified in clauses (v) to (ix) rule (8) has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in clauses (v) to (ix) of rule (8) should be imposed on the Council employee, that authority 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 witnesses is necessary in the interest of justice, recall the witness and examine, cross-examine and re-examine the witness and may impose on the Council employee such penalty as it may deem fit in accordance with these rules.

(22) Whenever any inquiry authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises such jurisdiction, the inquiring authority 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 inquiry authority 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 reexamine any such witnesses as hereinbefore 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 misconduct or misbehaviour;

(b) the defence of the Council employee in respect of each article of charge ;

(d) the findings on each article of charge and the reasons therefor.

Explanation.—If in the opinion of the inquiry authority the proceedings of the inquiry establish any article of charge difference from the original article of the charge, it may record its findings on such article of charge.

Provided that the findings on such article of charge shall not be recorded unless the Council employee is either admitted the facts on which such article of charge is based or has a reasonable opportunity of defending himself against such article of charge.

(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include—

(a) the report prepared by it under clause (i) ;

(b) the written statement of defence, if any, submitted by the Council employee ;

(d) written briefs, if any, filed by the Presenting Officer or the Council employee or both during the course of the inquiry; and

(o) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.

12. (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of rule ( I I ) as far as may be applicable.

(2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority 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 article* of charge is of opinion that any of the penalties specified in clauses (i) to (iv) of rule (8) should be imposed on the Council employee. It shall, notwithstanding anything contained in rule 13, make an order imposing such penalty.

(4) (i) If the disciplinary authority having regard to its findings on ail or any of the articles of charge, is of opinion that any of the penalties specified in clauses (y) to (ix) of rule (8) should be imposed on the Council employee, it shall—

(a) furnish to the Council 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 authority, appointed by it, a copy of tho report of such authority and a statement of its findings on each article of charge together with brief reasons for Its disagreement, if any, with the findings of the inquiring authority ;

(b) give the Council employee a notice stating the penalty proposed to ba imposed on him and calling upon him to submit within fifteen days of rer ceipt of the notice or such further time not exceeding fifteen days, as may be allowed such representation as he may wish to make on the proposed penalty on the basis of the evidence adduced during the inquiry held under rule 11.

(ii) The disciplinary authority shall considering the representation, if any, made by the Council employee in pursuance of the notice given to him under clause (>) and determine what penalty if any 49 should be impoied on- him and made such ordci as it may deem- fit.

13 (1) Subject to the provisions of sub-rule (3) of rule 12, no order imposing on H Council employee liny of the penalties specified in clauses (i) to (iv) ot rule 8 shall be made except after—

(a) informing the Council employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him a reasonable opportunity of, making such representation as he may wish to make againBt the proposal;

(b) holding an inquiry in the manner laid down in sub-rule (3) to (23) of rule 11 in every case in which the disciplinary authority is of opinion that such inquiry is necessary ;

(c) taking the representation if any, submitted by the Council employee under clause (a) and the record of inquiry, if any held under clause (b) into consideration; and

(d) recording a finding on each imputation of misconduct or misbehaviour.

(2) The recoixl of the proceedings io such cases shall include- •

(1) a copy of the intimation to the Council employee of the proposal to take action against him ;

(ii). a copy of the statement of imputations of misconduct or misbehaviour delivered to him;

(Hi) his representation, if any;

(iv) tire evidence produced during the inquiry ;

(v) the findings on each imputation of misconduct or misbehaviour; and7 (•vi) the orders on the case together with the reasons therefor.

14. Orders made by the disciplinary authority shall bo communicated to the Council 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, fs not the inquiring authority, a copy of the report of the inquiring authority and n statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him).

15. (1) Where two or more Council employees are concerned in any case, any authority competent to impose the penalty of dismissal from service on all such Council employees may make nn order directing that disciplinary action against all of them may be taken in a common proceedings.

Note.—If the authorities competent to impose the penalty of dismissal on such Council employees are different, Hn order for taking disciplinary action in a common proceedings may be made, by the nighest of such authorities with the consent of the others.

(2) Any such order shall specify—

(i) the auihority which may function us the disciplinary authority for the purpose of such common proceeding;

(if) the penalties specified in rule 8 which such disciplinary authority shall be competent to impose ;

(iii) whether the procedure laid down in rule 11 and rule 12 or rule 13 shnll be followed in the proceeding.

16. Notwithstanding anything contained in rules 11 to 15

(r) where a penalty is imposed on a Council employee OT the ground or conduct which has led to his convictton on a criminal charge; or

(ii) where tht Disciplinary Authority is satisfied for reasons to be recorded in writfno that ft io ««f . • practicable to follow the procedure prescribed in the said rules, the Disciplinary Authority may consider the circumstances of the case and pass such orders hereon as it deems fit.

17. (1) Where the services of a Council employee arc lent to a Central, State Government or an authority subordinate thereto or to a local or other authority (hereinafter in this rule refered to as "the borrowing authority") the borrowing authority shall have the powers of the Appointing Authority for the purpose Of placing him under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceeding against him;

Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter in this rule referred to as 'the lending authority") 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 the Council employee—

(i) If the borrowing authority is of opinion that any of the penalties specified in clauses (I) to (iv) of rule 8 should be imposed on him, it may, after consultation with the Disciplinary Authority of the Council pass such orders on the case as it deems necessary.

Provided that in the event of a difference of opinion between the borrowing authority and the Disciplinary Authority of the Council, the Services of the. Council employees shall be replaced at the disposal of the Council.

(ii) If the borrowing authority is of opinion that any of the penalties specified in clauses (v) to (ix) of rule

(8) should be imposed on him, it shall replace his services at the disposal of the Council and transmit to it the proceedings of the inquiry and thereupon the Disciplinary Authority of the Council may pass such orders thereon as it deems necessary ;

Provided that in passing any such order the Disciplinary Authority shall comply with the provisions of sub-rules (3) and

(4) of rule 12.

Explanation.—The Disciplinary Authority may make an order under this clause on the record of the inquiry transmitted by the borrowing authority, or after holding such further inquiry as it may deem necessary.

18. (1) Where an order of suspension is made or a disciplinary proceeding is taken against a Council employee (whose services have been borrowed from a Central or State Government or a lotal or other authority) the authority lending his services (hereinafter in this rule 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 Hgainsrt the employee referred to in sub-rule (1):—

(i) If the Disciplinary Authority of the Council is of the opinion that any of the penalties specified in clauses

(i) to (iv) of rule 8 shall be imposed on him, it may subject to the provisions of sub-rule (3) of rule 12 and except in regard to a Government servant serving in the Intelligence Bureau upto the rank of Assistant Central Intelligence Officer after consultation with the lending authority, pass such orders on the case as it deems necessary;

Provided that in the event of a difference of opinion between the Disciplinary Authority of the Council and the lending authority the services of such employee shall be replaced at the disposal of the lending authority ;

(ii) if the Disciplinary Authority is of opinion that any of the penalties specified in clauses (v) to (ix) of rule 8 should be imposed on him it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as it deems necessary.

PART VII—APPEALS

19. Notwithstanding anything contained In this Part, no appeal shall lie against :—

(i) any order made by the Council except for the posts carrying pay or scale of pay maximum of which127 OI/77—7 50 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART II—SEC. 3(ii)] exceeds Rs. 2000, In which case the appeal shall be made to the Central Government.

(ii) any order of an interlocutory nature or of the nature of a step-in-aid or the final disposal of a disciplinary proceeding, other than an order of suspension;

(iii) any order passed by an inquiring authority in the course of an inquiry under rule 11.

20. Subject to the provisions of rule 19, a Council employee may prefer an appeal against all or any of the following orders, namely :—

(i) an order of suspension made or deemed to have been made under rule 6.

(ii) an order imposing any of the penalties specified in rule 8 where made by the disciplinary authority.

(iii) an order enhancing any penalty, imposed under rule

(iv) an order which :-- -

(a) denies or varies to his disadvantage his pay, allowances, or other conditions of service as regulated by rules or by agreement; or

(b) interprets to his disadvantage the provisions of any such rule-or agreement;

(v) an order—

(a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;

(b) reverting him while officiating in a higher grade or post to a lower grade or post, otherwise than as a penalty;

(c) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;

(d) determining his pay and allowances—

(i) for the period of suspensions, or

(ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the dale of his reduction to a lower grade, post, time-scale or stage in a time scale of pay, to the date of his re-instatcment or restoration of his grade or post, or

(e) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to_a lower grade, post, time scale of pay or stage in a time scale of pay to the date of his re-instatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose,

Explanation.—in this rule—

(i) the expression 'Council employee' includes a person who has ceased to be in Council service.

21. (1) The Council employee, including a person who has ceased to be in Council service, may prefer an appeal against all or any of the orders specified in rule 20 to the authority specified in the Schedule.

(2) Notwithstanding anything contained in sub-rule (1)—

(i) an appeal against an order in a common proceeding held under rule 15 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate;

(ii) .where the person who made the order appealed against becomes, by virtue of the subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate.

(3) A Council employee may prefer an appeal against an order imposing any of the penalties specified in rule 8 to the Chairman except for the posts carrying pay or scale of pay maximum of which exceeds Rs. 2000, in which case the appeal shall be made to the Central Government, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is imposed, by any authority other than the Chairman on such Council employee in reaped of his activities connected with his work as an office-bearer of an association, federation, or union participating in the Joint Consultation and Compulsory arbitration Scheme,

22. No appeal preferred under this part shall be entertained unless it is submitted within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant,

Provided that the appellate authority rnay entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

23. (1) Every person preferring an appeal shall do so separately and in his own name.

(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by tl^ appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any dis-rcspectful or improper language and shall be complete in itself.

(3) The authority which made the order appealed against shall on receipt of a copy of the appeal, forward the same which its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate.authority

24. (1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light or the provisions of rule 6 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In case of an appeal against an order imposing any of the penalties specified in rule 8 or enhancing any penalty imposed under the said rule, the appellate authority shall consider:—

(a) Whether the procedure laid down in these rules has been complied with, and if not, whether such noncompliance has resulted in the failure of justice.

(b) whether the findings of the disciplinary authority art warranted by the evidence on the record, and

and pass orders—

(i) confirming, enhancing, reducing or setting aside the penalty ; or

(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case.

provided that—

(i) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 8 and an inquiry under rule 11 has not already been held in the case, the appellate authority shall, subject to the provision!)

of rule 16, itself hold such inquiry or direct that such inquiry be held in- accordance with the provisions of rule 11 and thereafter, on a consideration of the proceedings of such inquiry and after giving the appellant a reasonable opportunity, as far as may be in accordance with the provisions of subrule (4) of rule 12 of making a representation against the penalty proposed on the basis of the evidence adduced during such inquiry, make such orders as it may deem fit;

(il) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 8 and an inquiry under rule 11 has already been held in the case, the appellate authority shall, after giving the appellant a reasonable opportunity as far as may be in 5) accordance with the provisions of anab-rule (4) of rule 12, of making a representation against the penalty proposed on the basis of the evidence adduced during the inquiry, make such orders an it may deem fit; anil

(iii) no order imposing an enhanced penally shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be in accordance with the provisions of rule 13 of making fl representation against such enhanced penalty.

(3) In an appeal against any other order specified in rule 20 the Appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.

25. The ..uthoiity which made the order appealed againsi shall give effect 10 the orders passed by the appellate authority

PART VIU—REVIFW

26. Notwithstanding anything contained in these rules, the Council may on its own motion or otherwise, after calling for the records of the case, review any order which is made or is appealable under these rules ; and

(a) confirm, modify or set aside, the order ;

(b) impose any penalty or set aside, reduce confirm or enhance ihe penalty imposed by the order ;

(c) remit the case to the authority which made the order or to any other authority directing such further action on enquiry as it considers proper in the circumstances of the case; or

(d) pass such other orders as it deems fit ;

Provided that—

(i) an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given a reasonable opportunity of making tiny representation which he may wi-jh to make against the penalty proposed.

(ii) if the Council proposes to impose any of the penalties specified in clauses (v) to (ix) of rule 8 in a case where an inquiry under rule 11 has not been held, it shall, subject to the provisions of rule 16, direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the person concerned an opportunity of making any representation which he may wish to make against such penalty, pas;> such orders as it may deem fit.

(.iii,) for ihe posts carrying pay or scale of pay maximum at which exceeds ks. 2000, the authority to review any order which is made or is appe.alable undci these rules shall be the Central Government.

27. Ths authority to which an appeal against an order imposing any of the penalties specified in rule 8 lies may, on its own motion or otherwise, call for the records of the case in a disciplinary proceeding, review any order passed in such a case and pass such orders as it deems fit, as if the Council employee had preferred an appeal against such order.

Provided that no action under this rule ahall be initiated more than six months after the date of the order to be reviewed.

28. Every order, notice and other process made or issued under these rules shall be served in person on the Council/ employee concerned or communicated to him by registered pott.

29. Save as otherwise expressly provided in these rulca, 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.

SCHEDULE EXPORT INSPECTION COUNCIL SI.

Nc 1

2. ,

3. 1 Description of posts i .

2 All posts upto the rank of Joint Director \dditional Director Director Appointing Authority 3 Director Chairman Subject to the approval of the Govt. of India Govt. of India Authority competent to impose penalties and penalties which it may impose (with reference to item numbers in rule K) Authority 4 Director Addl. Director Chairman Govt. of India Chairman Penal ities 5 All

(i) to (iv) upto the rank of Dy. Director.

All All

(i) to (iv) Appellate Authority 6 Chairman Director Govt. of India Govt. of India Govt. of India.

[No. 3(ll)/76-R-T & £f>] 52 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PAKT I H 3 E C . 3(ii)J* 53 54 THE GAZETTE OF IJ«fDlA : JANUARY 7, 1978/PAU$A 17, 1899 [PART II—SEC. 3(ii)]S 55 5 6 _ THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART, I I - S E C . 3(ii)] 57 58 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART II -SEC. 3(iiM.

59 60 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART II—SBC. 3(ii)>;

61 MINISTRY OF COMMERCE New Delhi, tho 7th January, 1978 S.O. 43.—In exercise of the powers conferred by Section 17 of the Export (Quality Control and Inspection) Act, 1953 (22 of 1953) the Central Government hereby makes the following rules namely :

PART I—GENERAL A. Short title and Commencement.

1. (1) These rules may be colled the Export Inspection Agency Employees (Classification, Control and Appeal) Rufcs, 1978.

(2) They shall come into force on the date of their publication in the official Gazette.

II. Definitions.

2. In these rules, unless the context otherwise requires,—

(a) "Council" means the Export Inspection Council.

(b) "'Agency" means the Kxport Inspection Agency referred to in under sub-section (1) of section 7 of the Export (Quality Control and Inspection) Act.

1963.

(i) The Authority empowered to make appointment to the post which the Agency employee for the time being holds; or

(ii) The authority which appointed the Agency employee to such grade or post as the case may be, whichever authority is the highest authority.

' (d) "Agency employee' means a person who is an employee of the Agency and includes any such person on foreign service or whose services arc temporarily placed at the disposal of the Central Government, a local or other authority ;

(ii) any employee who is in the service of the Central Government, State Government, a local or other authority and whose service are temporarily placed at the disposal of the Agency.

(e) "Group" means any of the groups specified in rule 5;

(f) "Head of the Department" for the purpose of exercising the powers as appointing, disciplinary, appellate or re-viewing authority means the Director of Inspection and Quality Control;

(g) "Head of the Office" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority means the authority declared to be the Head of the Office by the Chairman ;

(h) "Chairman" means the Chairman of ihc Council ;

(i) '^Director" mteans the Director of inspection & Quality ControF and ex-offlcio Member-Secretary of the Council;

(j) "Additional Director" means Additional Director of the Council;

(k) "Joint Director" means Joint Director of the Council;

(1) "Deputy Chief Executive" means the Deputy Chief Executive of the Agency ;

(m) "Disciplinary authority" means the authority competent under these rales to impose on an Agency employee any of the Penalties specified in rule 8 ;

(n) Words and expressions used but not defined in these rules ami defined in the Central Civil Services (Classification, Contiol and Appeal) Rules. 1965, shall have the meanings respectively aligned to them in those rules.

C. Application

3. Subject to the provisions of rule IS, these rales ahull apply to every Agency employee.

D. Interpretation

4. If any doubt arises with regard to the meaning of nny of these rules, the matter be referred to the Council which shall decide the same.

PART II-—CLASSIFICATION

5. For the purpose of these rules (lie Agency employees shall be classified into the following four Groups, namely :— Group A.—A post carrying a pay or a scale of pay with a maximum of not leas than Rs. T,300.

Group B,—A post carrying a pay or a scale of pay with ft maximum of not less than Rs. 900 but less than Rs. 1,300.

Group C.—A post carrying a pay or a scale of pay with a maximum of over Rs. 290.00 but less than Rs. 900.

Group D.—A post carrying a pay or a scafe oi pay with a maximum of which is Rs. 290 or less.

PART III—SUSPENSION

6. (1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Chairman or the Director by general or special order, may place an Agency employee under suspension.

(a) where a disciplinary proceeding against him is contemplated or is pending, or

(b) Where, in the opinion of the authority aforesaid, he has engaged nimseff in activities prejudicial to tho interest of the security of the State, or

(2) An Agency 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 fortycigbt 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 fortycight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

Explanation.—The period of fortyelght hours referred to in Clause (b) of this sub-rule shall be computed from tho commencement of the imprisonment after the conviction and for tills purpose intermittent period of imprisonment, if njiy, shall be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from services imposed upon an Agency employee under suspension is set aside in appeal or on reviuw under these rules and the cajfi; is remitted 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 original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an Agency employee is set aside or declared or rendered void in consequence or by a decision of a court of law and tho disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Agency employee shall be deemed to have been placed under suspension by the Appointing Authority, from the date of the original order ot dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

(5) (a) An order of suspension made or deemed to havo been made under this rule shall continue to remain In force untif it is modified or revoked by the authority competent to do so ;

(b) Where an Agency employee is suspended or is deemed to have been suspended (whether in connection with any 62 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART JI-^SBp. 3(ij)J disciplinary proceeding or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Agency employee shall continue to be under suspension until the termination of alF or any of such proceedings;

(c) an order of suspension made or deemed to have been mnde under this rule may at any time be modified or revoked by the authority which made or is deemed to have made tho order or by any authority to which that authority is subordinate.

FART IV—CONDUCT

7. Tho Agency employee shall be governed by the Central Civil Services (conduct) Rule^, 1964 of the Government of India as amended from time to lime.

PART V—PENALTIES & DISCIPLINARY AUTHORITIES

8. The foflo'vying penalties may, for good and sufficient reasons as hereinafter provided, be imposed on an Agency employee namely : —

(i) Censure ;

(ii) Withholding of his promotion;

(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Agency by negligence or breach of order ;

(iv) Withholding of increments of pay ;

(v) reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the Agency empfoyce will earn increment of pay during the period of such reduction and whether on the expiry of such period, the reduction will or, will not have the effect of postponing the future increments of his pay;

(vi) reduction to a lower time scale of payj grade, post which shall ordinarily be a bar to the promotion of the Agency employee to the time scale of pay, grade, post from which he was reduced, with or without further directions regarding conditions of the restoration to that grade or post from which tha Agency employee was reduced and the seniority and pay on such restoration to that grade, post;'

(vii) oornpuloory retirement ;

(viii) removal from service which shnll not be a disqualification for future employment under the Agency ;

and

(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the . Agency.

Explanation.—The fol'owing shall not amount, to a penally within the meaning of this rule namely :—

(i) withholding of increments of pay of an Agency employee for failure to pars any departmental examination in accordance with rules or orders governing the post which he holds or the terms of his appointment ;

(ii)" stoppage of an Agency employee at the efficiency bar in the time-scale of "pay on the ground of his unfitness to cross the bar ;

(iii) non-promotion whether in a substantive or officiating capacity of an Agency employee after consideration of his case to a grade or post for promotion to which he is eligible ;

(iv) reversion to a lower service, grade or post of an Agency employee officiating in a higher grade or post on the ground that he i-; considered, after trial, to be unsuitable for such higher grade or post or on administrative grounds unconnected with his conduct ;

(v) reversion to his permanent service, grade or post cf an Agency employee appointed on probation to tinother grade or post during or at the end of the period of probation in accordance with the terms of hii appointment or the rules and orders governing probation ;

(vi) compulsory retirement of an Agency employee in accordance with the provisions relating to nis superannuation or retirement;

(vii) termination of the servicesfa) of an Agency 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 tirobation ; or

(b) of a temporary Agency employee in accordance with the rule 16 of the Export Inspection Agency Service Rules ; or

10. (1) The Chairman or any other authority empowered by him by general or special order may—

(a) Institute disciplinary proceedings against any Agency employee;

i.b) Direct a Disciplinary Authority to Institute disciplinary proceedings against any Agency employee on whom that Disciplinary Authority is competent to impose under these rules any of the penalties specified in rule 8.

(2) A Disciplimry Authority competent to impose any ot the penalties specified hi clauses (i) to (iv) of rule 8 may institute disciplinary proceedings against any Agency employee for the imposition of any of the penalties specified in clauses

(v) to (ix) of rule 8 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.

(viil) replacement of the service of the Agency employee whose services had been borrowed from a Central Government, State Government or a local or other authority from which the services of such Agency employee had been borrowed.

"NOTE.—The Agency or its subordinate authorities described under Rule 9 aro competent for imposing penalties within the meaning of Rule 8 on an empibyee of the Agency in respect of misconduct committed before his employment, if the misconduct was of such a nature as has rational connection with his present employment in the Agency and renders him unfit and unsuitable for continuing service".

DISCIPLINARY AUTHORITIES

9. (1) The Chairman may impose any of the penaltlei specified in Rule 8 on a Council einployee.

(2) Without prejudice to the provision of subtrujt (1), any of the penalties specified in Rule 8 may be imposed on the Council employee by the authoiitiet specified in the schedule, annexed hereto.

PART VI--PROCEDURE FOR IMPOSING PENALTIES

(2) Whenever the disciplinary authority is of opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against Agency employee, it nieiy itself inquire or appoint under this rule an authority to inquire into the truth thereof.

Explanation.—Where the disciplinary authority Itself hold* the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be construed iis B. reference to the disciplinary authority.

(3) Where it is proposed to hold an inquiry against an Agency employee under this rale and in the manner hereinafter provided, the disciplinary authority shair 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 ;

(11) a statement of the Imputation! of mtoconduct or ml*- behaviour in support of each article ot charge ;

which shall contain—

(a) a statement of all relevant facts including any admission or confession made by the Agency tmployec ;

(b) a list of documents by which, und a list of witnesses by whom, the articles of charge are proposed to be sustained.

(4) The disciplinary authority shaiT deliver or cause to bo delivered to the Agency employee a copy of the articles of charge, the statement of the Imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the Agency employee to submit, within such time as may be specified, a written statement of his defence and to state whether ho desires to be heard in person.

(5) (a) On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as arc not admitted, or, if it considers it necessary to do so, appoint under sub-rule (2) an inquiring authority for the purpose, and where all the articles of chrii^u have been admitted by the Agency employee In his wiittw statement of defence, the disciplinary autnority shall recoiti its findings on each charge after taking such evidence as it may think fit and shall act in the manner hereinafter provided.

(b) If no written statement of defence is submitted by the Agency employee, the disciplinary authority may itself inquire into the articles of charge, or may, if it considers it necessary to do so, appoint under sub-rule (2) an inquiring authority 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 a Council employee or any employee working under the administrative and technical control of the Council 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 authority, 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 Agency employee ;

(iii) a copy of the statements 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 Agency employee;

and

(v) a copy of the order appointing the "Presenting Officer".

(7) The Agency employee shall appear in person before the inquiring authority on such day and at such time within ten working days from th» date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time not exceeding ten days as the inquiring authority may allow.

(8) The Agency employee may take the assistance of any other Agency employee or any employee working under the administrative and technical control of the Councir at the present 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.

(9) If the Agency employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make Snd if he pleads guilty to any of the articles of charge, the inquiring authority ihall record the plea, sign the record and obtain the signature of the Agency employee thereon.

(10) The inquiring authority shall return a finding of guilty in respect of those articles of charge to which the .-\geney employee pleads (iuilty.

(11) The inquiring authority shull, it" ihe Agency employes fails to appear within the specified lime or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove ihe articles of charge, find shall adjourn the case to a latter date not exceeding thirty davs, after recording an order that the Agency employee nv.iy, for the purpose of preparing his defence :

(i) Inspect within live days of the order or within such further time not exceeding five days as the inquiring authority 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 Agency employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority 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.

(ili) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Agency but not mentioned in tho list referred to In sub-rule (3), NOTE : The Agency employee shall indicate the relevance of tho documents required by him to be discovered or produced by the Agency.

(12) The inquiring authority shall, or receipt of the notice for the discovery of 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 documents by such date as may be specified in such requisition;

Provided that the inquiring authority may, for reason?;

to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.

(13) On receipt of the requisition referred to in sub-rule

(12) every authority having the custody of possession of tho requisitioned documents shall produce (he same before the inquiring authority ;

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 Agency's interest or public interest or security of tho state, il shall inform the inquiring authority accordingly and the Inquiring atithority shall on being so informed, communicaste the information to the Agency 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 witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Agency employee.

The Presenting Officer shall be entitled to re-examine the witness on any points on which they have been crossexnminccl, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.

(15) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may. in its discretion, allow the Presenting Officer lo produce evidence not included in the list piven to the Agency employee or may itself call for new evidence or recall and re-examine any witness and In such caw the Agency employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced 64 THE GAZETTE OF INDIA : JANUARY 7, 1978/PAUSA 17, 1899 [PART I I -SBC. 3(ii)J and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and ifie day to which the inquiry is aajourned. The inquiring mitlioriiy shall give the Agency employee an. opportunity of inspecting such documents betorc they are taken on the record. The inquiring authority may Eilso allow the Agency employee to produce new evidence, it' it is of the opinion that the production of sucli 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 gup in Ihs evidence. Such evidence may be called for only whim 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 Agency 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 Agency employee shall be. required to sign the record. In either case, n copy of the statement of defence sh'ill be given to the Presenting Officer, if any, appointed.

(17) The evidence on behalf of the Agency employee shall then be produced. The Agency employee may examine himself in his own behalf if he so prefers, The witnesses produced by the Agency employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority.

(18) The inquiring authority may. after the Agency employee closes his case, and shall, if the Agency employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Agency employee to explain any circumstances appearing in the evidence against him.

(19) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, appointed and the Agency employee, or permit them to file written briefs,-ot their respective case, if they so desire.

(20) If the Agency employee to whom a copv 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 authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.

(21) (a) Where a disciplinary authority compentent to impose any of.the penalties specified in clauses (i) to (iv) of rule 8 but not competent to impose any of the penalties specified in clauses (v) to (ix) of rule 8, has Itself inquired Into or caused to be inquired into the articles of any charge and that authority, having regard to its own finding* or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in clauses (v) to (ix) of rule 8 should be imposed on the Agency employee, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose the lost mentioned penalises.

(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the records or may, if it. is of the opinion that further examination of any of the witnesses is necessary in the interest Of justice, recall the witness and examine, cross-examine and re-cxaminc the witness and may Impose on the Agency employee such penalty as it may deem fit in accordance with these rules.

(22) Whenever any inquiry authority, after having heard and recorded the whole or any part of the evidence in an inquiry, ceases to exercise jurisdiction therein, and is succeded hy another inquiring authority which has, and which exercises such jurisdiction, the inquiring authority so succeding mav net on the evidence so recorded by Its predecessor, or partly recorded by its predecessor and partly recorded b<- Itself :

-Provided-that if the succeeding inquiry authority h of the opinion that further examination of anv of the witnesses v.Juse evidence has already been recorded is necessary in the Interest of justice, it may recall, examine, cross»exarnine and. re-c.xiuninc any such witnesses as hereinbefore 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 misconduct or misbehaviour;

(b) the defence of the Agency employee In respect o;

each article of charge;

(d) the findings on each article of charge and the reasons therefor.

Explanation : If in the opinion of the inquiry authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of enlarge.

Provided that the findings on such article of charge shalt not he recorded unless the Agency employee has cither admitted the facts on which such article of charge is based or h,as hud a reasonable opportunity of. defending himeslf against "such article of charge.'

(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of Inqiiiry wh shall include—

(a) the report prepared by it under clause (i) ;

(b) the written statement of defence, If any, stih" mitted by the Agency employee;

(d) written briefs, if any, filed by the Presenting Officer or the Agency employee or both during the course of the inquiry;

12. (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further Inquiry according to the provisions of rule (11) as far as may be applicable,

(3) Tf the disciplinary authority having regard to it findings on all or any of the articles pf charge is of the opinion that any of the rjcnalties specified in clauses (i) to (iv) of rule 8 should be imposed on the Agency tmploycc, it shall, notwithstanding anything contained m rule 13, make an order imposing such penalty.

(4) (i) If the disciplinary authority having regard to its findings on aTl or anv of the articles of charge, is of the opinion that any of the penalties specified In clauses (v) to fix) of rule 8 should be imposed on the Agency employee, it shall—

(a) furnish to the Agency 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 bv an inquiring authority, appointed by it, a copy of the report of such authority, and a statement of its findings on each article of char.ee together with brief reasons for its disagreement, if any, with the findings of the inquiring: authority ;

(b) give the Agency emplovee a notice stating 1he penalty proposed to be imnoscd on him and cn11W upon him to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days, as. mav be allowed, -such representation as he may with to make on the 65 proposed penalty on the basis of the evidence adduced during the inquiry held under rule 11.

(ii) The disciplinary authority shall consider the representation, if any, make by the Agency employee in pursuance of the notice given to him under clause

(i) and determined what penalty if any should be imposed on him and make such order as it may deem fit.

13. (1) Subject to the provisions to sub-rule (3) of rule 12, no order imposing on a Agency employee any of the penalties specified in clauses (i) to (iv) of rule 8 shall be made except after—

(a) informing the Agency employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal ;

(b) holding an inquiring in the manner laid down in sub-rule (3) to (23) of rule It in every case in which the disciplinary authority is of the opinion that such inquiry is necessary ;

(c) taking the representation if any submitted by the Agency employee under clause (a) and the record of inquiry, if any held under clause (b) into consideration; and

(d) recording a finding on each imputation of misconduct or misbehaviour.

(2) The record of the proceedings in such cases shall include—

(i) a copy of the intimation to the Agency employee of the proposal to take action against him ;

(ii) a copy of the statement of imputations of misconduct or disbehaviour delivered to him;

(Hi) his representation, if any ;

(iv) the evidence produced during the inquiry;

(v) the findings on each intimation of misconduct or misbehaviour; and

(vi) the orders on the case together with the reasons therefor.

14. Orders made by the disciplinary authority shall be communicated to the Agency 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 authority, a copy of the report of the inquiring authority 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 authority (unless they have already been supplied to him).

15. (1) Where the two or more Agency employees are concerned in any case, any authority competent to impose the penalty of dismissal from service on all such Agency employees may make an order directing that disciplinary action against all of them may be tnken in a common proceedings.

Note : If the authorities competent to impose the penalty of dismissal on such Agency employees are different, nn 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 spedfy—

(i) the authority which may function as the disciplinary authority for the purpose of such common proceeding;

(H) the penalties specified In rule 8 which such disciplinary authority shall be competent to impose;

O'U) whether the procedure laid down in rule 11 and rule 12 or rule 13 shall be followed in the proceeding.

1. Notwithstanding anything contained In rules II to 15— (I) where a penalty Is imposed on an Agency employee on the ground of conduct which has led to his conviction on a criminal charee: or

(ii) where the Disciplinary Authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules, the Disciplinary Authority may consider the circumstances of the case end pass such orders thereon as it deems fit.

17. (1) Where the service of an Agency employee are le.ni to a Central, State Government or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred to as "the borrowing authority1'), the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing him under suspension and of the Disciplinary Authority for the purpose of taking u disciplinary proceeding against him:

Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter in this rule referred to as "the lending Authority" of the circumstances leading to the order of his suspension on the commencement of the disciplinary proceeding, as the case may be.

(2) In the light of the finding in the disciplinary proceeding taken against the Agency employee—

(i) if the borrowing authority is of opinion that any of the penalties specified in clauses (i) to (iv) of rule 8, should be imposed on him, it may, after consultation with the Disciplinary Authority of the Agency pass such orders on the case as it deems necessary.

Provided that in the event of a difference of opinion between the borrowing authority and the Disciplinary Authority of the Agency the Services of the Agency employees shall be replaced at the disposal of the Agency—

(ii) if the borrowing authority is of opinion that any of the penalties specified in clauses (v) to (ix) of rule 8 should be imposed on him, it shall replace his services at the disposal of the Agency and transmit to it the proceedings of the inquiry and thereupon the Disciplinaiy Authority of the Agency may pass such orders thereon as it deems necessary.

Provided that in passing any such order the Disciplinary Authority shall comply with the provisions of sub-rule (3) and (4) of rule 12,

Explanation—-The Disciplinary Authority may make an order under this clause on the record of the inquiry transmitted by the borrowing authority, or after holding such further inquiry as it may deem necessary.

18. (1) Where an order of suspension is made or a disciplinary proceeding is taken against an Agency employee (whose services have been borrowed from a Central, State Government or a local or other authority) the authority lending his services (hereinafter in this rule 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 proceedings, as the case may be.

(2) In the light of the findings in the disciplinary proceeding taken against the employee referred to in sub-rule (1),—

(i) If the Disciplinary Authority of the Agency is of opinion that any of the penalties specified in clauses (I ) to (iv) of rule 8 should be imposed on him, it may subject to the provisions of sub-rule (3) of rule 12 and except in regard to a Government servant serving In the Intelligence Bureau upto the rank of Assistant Central Intelligence Officer after consultation with the leading authority, pass such orders on the case as it deems necessary ;

Provided that in the event of a difference of opinion between the Disciplinary Authority of the Agency and the lending authority the services of such employee shall be replaced at the disposal of the lending authority.

(ii) If the Disciplinary Authority Is of opinion that any of the penalities specified In clauses (v) to (ix) of rule 8 should be imposed on him it shall- replace his services at the disposal of the lending authority and transmit to it the • proceedings of the inquiry for such action as it deems necessary.

127 01/77—9 6 6 T H E G A Z E T T E O F I N D I A • ; J A N U A R Y : 7 , 4 9 7 8 / P A U S A 1 7 , 1 8 9 9 [ P A R T I I — S E C . 3 ( i i ) J

PART VU—APPEALS

(19)'Notwithstanding anything contained in this part, no appeal Shall He against : ^ (f;)' any order ma,tfe",.by the Council except for the posts carrying pay or scale of pay maximum of •which exceeds Rs. 2,000 in which case the appeal \ shall be made to (he Central Goyt.;

(ii) any order of an interlocutory nature or of the Wlure Of a stfcp-in-aid or the final disposal of a dis- 1 ''•'• culinary proceeding, other than an order of sUspenvpty • , . ' • .

(iii) :any order passed by an inquiring authority in the course of an inquiry under rule 11.

,20. IjJubject to the provisions of rule 19, an Agency employee may prefer an appeal against all or any of the following orders namely :—

(i) an order of suspension made or deemed to have been made under rule 6 ;

(ii) an order imposing any of the penalties specified in rule 8 where made by the disciplinary authority ;

(iii) an order enhancing any penalty, imposed under rule 8.

(iv) an order which—

(a) denies or varies to his disadvantage his pay, allowances or other conditions of service as regulated by rules or by agreement ;

(b) interprets to his disadvantage the provisions o[ any such rule or agreement ;

(u) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar ;

(b) reverting him while officiating in a higher grade or post to a lower grade or post, otherwise than as a penalty ;

(c) determining the subsistance and other allowance to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof ;

(d) determining his pay and allowances— (!) for the period of suspension, or

(ii) for the period from the date of his dismissal, removal, or compulsory retirement from service, or from the date of his reduction to a lower grade, post, time-scale or stage in a time scale of pay, to the date of his reinstatement or restoration of his grade or post, or

(e) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower grade, post, time scale of pay or stage in a time scale of pay to the date of his re-unstatement or xestorlation to his service, grade or post shall be treated as a period spent on duty for any purpose.

Explanation—in this rule—

(i) the expression 'Agency employee' includes a person who has ceased to be in Agency service.

2-1. !(-l.i) Aij Agency employee, including a person who has ceased to be in Agency -.Service, may prefer an appeal' against all or any of the orders specified in rule 20 to the authority specified in the schedule.

(2) Notwithstanding anything contained in sub-rule (1),

(i) an appeal against an order jn a common proceeding held under rule 15 shall lie to the authority to which the authority functioning as the disciplinary authority for the. purpose of that proceeding is immediately subordinate ;

1 (H) Where the person who made the order appealed against btfconws, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such Order,1 an appeal agahtst Such order shall lie to the authority to, which such person is immediately subordinate. ' ;; . .'"

(3) An Agency'employee may prefer an appeal against an order imposing any" of the penalties specified in rule 8 to the ChMi'mari, except for the posts carrying pay or scale of pay maximum of which exceeds Rs. 2000/-in which case the appeal sftajl be made to the Central Government, where no such appqaj lies, to him under sub-j-ulc (1) or sub-rule (2.),,,if sucfa penalty is imposed by any authority other than the Chairman on such Agency employee in respect of his activities connected with his work as an office bearer of an association, federation or union participating in the Joint Consultation and Compulsory arbitration Scheme.

Provided that the appellate authority may entertain the appeal' after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

23. (1) Every person preferring an appeal shall do so separately and in his own name.

(2) The appeal shall be presented to the authority to whom the appeal' lies, a copy being forwarded by the appellant to the authority which mudc the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain liny disrespectful or improper language and shall be complete in itself.

(3) The authority which made the order appealed against shall on a receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.

24. (1) Tn the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 6 and having regard to the circumstances of the case, the order of suspension is justified Or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in rule 8 or enhancing any penalty imposed under the said rule, the appellate authority shall consider—

(a) Whether the procedure laid down in these rules has been complied with and if not, whether such non compliance has resulted in the failure of justice ;

(b) Whether the findings of the disciplinary authority arc warranted by the evidence on the record ; and

and pass orders

(i) confirming, enhancing, reducing, or setting aside the penalty ; or

(ii) remitting the case to the authority which imposed or enhanced the penalty or to ftny other authority with such direction as it may deem fit in the circumstances of the case ;

Provided that—

(i) H the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 8 and an inquiry under rule 11 has not already been held in the case, the appellate authority shall,subject to the provisions of rule 16, itself held such Inquiry or direct that such inquiry be held in accordance with the provisions of rule 11 and thereafter, on a consideration of the .proceedings of. such inquiry and after giving the' appellant a reasonable opportunity, 3s far as .may be, in accor-dancc with the provisions of sub-rule (4) of rule 12 of making a representation against the penalty proposed 67 on the basis of the evidence adduced during such inquiry, make such orders as it may deem fit;

(ii) If the enhanced penalty which the appellate authority proposes to impose is one or the penalties specified in clauses (v) to (ix) of rule 8 and an inquiry under rule 11 has already been held in the case, the appellate authority shall; after giving the appellant a reasonable opportunity as far as many bo in accordance with the provisions of sub-rule (4) of rule 12, of making a representation against the penalty proposed on the basis of the evidence adduced during the inquiry, make such orders as it may dtem fit ; and

(iii) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far aa may be in accordance with the provisions of rule 13, of making a representation against such enhanced penalty.

(3) Jn an appeal against any other order specified in rule 20 the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.

25. The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

PART Vin—REVIEW

(a) confirm, modify or set aside, the order;

(b) impose any penalty or set aside, reduce confirm or enhance the penalty imposed by the order;

(c) remit the case to the authority which made the order or to any other authority directing such further action on enquiry as it considers proper in the circumstances of the case ; or

(d) pass such Other orders as it deems fit;

Provided that—•

(i) an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given a reasonable opportunity of making aDy representation which he may wish to make against the penalty proposed.

(ii) If the Council proposes to impose any of the penalties specified in clauses (v) to (ix) of rule 8 m a case where an inquiry under rule 11 has lilt been held, it shall, subject to the provisions of rule 16, direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the person concerned an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.

(iii) For the posts carrying pay or scale of pay maximum of which exceeds Rs, 2000-, the authority to review any order which is made or is appealable under these rufes shall bo the Central Government.

27. The authority to which an appeal against an order imposing any of the penalties specified in rule 8 lies may, on its own motion or otherwise, call for the records of the case in a disciplinary proceeding review any order passed in such a case and pass such orders as it deems fit, as if the Agency employee had preferred an appeal against such order.

Provided that no action under this rule shall be initiated more than six months after the date of the onfcr to be reviewed.

28. Every order, notice and other process made or issued under these rules shall be served in person on the Agency employee concerned or communicated to him by registered post.

29. 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 showa, extend the time specified in these rules for anythinjj required to be done under these rules or condone any delay.

SCHEDULE EXPORT INSPECTION AGENCY SI. No. Description of post

(t) (2)

1. All posts upto the rank of Joint Director Appointing Authority

(3) Director Authority competent to impose penalties and penalties which it may impose (with reference to item numbers in Rule 8) Authority

(4) Director Addl. Director Joint Director Dy. Chief Executive In-chargc of Agency offices Penalties

(5) All

(i) to (iv) upto the rank of Deputy Chief Executive

(i) to (iv) upto the rank of Asstt.

Director Appellate Authority

(6) Chairman Director Addl. Director [No. 3/(ll)/76-E I & EP] C.B. KUKRETI, Deputy Director MINISTRY OF COMMUNICATIONS (P & T Board) New Delhi, the 27lh December, 1977 S.O. 44.—In pursuance of para (a) of Section III of Rule 434 of Indian Telegraph Rules, 1951, as introduced by S.O.

No. 627 dated 8th March, 1960, the Director General, Posts and Telegraphs, hereby specifies the 1-2-1978 as the date on which the Measured Rate System will be introduced in Chittoor-Cochin Telephone Exchange, Kerala Circle.

[No. 5-12/77-PHB] K. B. MUDGAL, Asstt. Director General (PHB) PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 197R

S.O. 42 and 43 dated 07-01-1978-S (EIC/EIA CCA)

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