(a) the following penalties may for good and sufficient reasons or for any misconduct specified in regulation 6 and as hereinafter provided, be imposed upon members of the services under the Board, namely:
(i) Censure;
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(ii) Fine (in the case of persons for whom such penalty is permissible under these regulations);
(iii) Withholding of increments or promotion;
(iv) Reduction to a lower rank in the seniority list, to a lower post or time - scale or to a lower stage in a time-scale;
(v) (a) Recovery from pay of the whole or part of any pecuniary loss caused to the Board or to a local body by negligence or breach of orders;
(b) Recovery from pay to the extent necessary of the monetary value equivalent to the amount of increments ordered to be withheld where such an order cannot be given effect to.
(c) Recovery from pay to the extent necessary of the monetary value equivalent to the amount of reduction to a lower stage in a time-scale ordered where such an order cannot be given effect to.
Explanation.- In cases of stoppage of increment with cumulative effect, the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered.
(vi) Compulsory retirement otherwise than the retirement of an employee :
(a) on attaining the age of superannuation;
(b) Owing to reduction of establishment;
(c) Owing to his permanent incapacity for service on account or bodily or mental infirmity; and
(d) Whose efficiency has been impaired after completion of 25 years of continuous service.
(vii) Removal from the service of the Board.
(viii) Dismissal from the service of the Board.
(ix) (a) Suspension (in connection with an enquiry into grave charges against him or when a complaint against him on a criminal offence is under investigation or trial) to the extent considered necessary by the authority imposing the penalty.
(b) the discharge of a person -
(i) appointed on probation before the expiry or at the end of the prescribed or extended period of probation; or 3 contract; or
(ii) engaged under contract in accordance with the terms of his
(iii) appointed otherwise than under contract to hold a temporary appointment on the expiration of the period of the appointment does not amount to removal or dismissal within the meaning of this regulation.
(c) The removal of a person from the service of the Board shall not disqualify him for future employment but the dismissal of a person from the service of the Board shall ordinarily disqualify him from future employment under the Board.
(d) The seniority on re-promotion of an employee reduced to a lower post on time - scale shall be determined by the date of such re-promotion. He shall not be eligible for his original seniority unless otherwise directed in the orders of punishment or the revised order on appeal.
(e) An employee on whom the penalty under clause (iii) of sub-regulation
(a) is imposed will, on re-promotion count his previous service in the higher grade unless the order of punishment or the order passed on appeal directs otherwise.
6. Acts and Omissions constituting misconduct-. The following acts and omissions shall be deemed to be misconduct:
(i) Willful insubordination or disobedience, whether alone, or in combination with another or others, of any lawful and reasonable order of a superior.
(ii) Striking work or deliberate slowing down of work either singly or along with another or others in contravention of orders of any statute, law, enactment or rule for the time being in force or as applied from time to time.
(iii) Concerted or organised refusal on the part of employees to receive their pay.
(iv) Theft, fraud or dishonesty in connection with the Board's property or business.
(v) Taking or giving bribes or any illegal gratification whatsoever.
(vi) Collection or canvassing for collection without the written permission of the management of any money within the premises of the establishment.
(vii) Habitual late attendance or habitual absence without leave or without sufficient causes.
(viii) Carrying on money-lending or any other private business without the permission of the management within the premises of the establishment.
(ix) Drunkenness, fighting, riotous or disorderly or indecent behaviour in the premises of the establishment or any act subversive of discipline.
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(x) Habitual negligence or neglect of work.
(xi) Habitual indiscipline
(xii) Smoking within the premises of the establishment in places where it is prohibited.
(xiii) Causing willful damage to work in progress or to any property in the establishment.
(xiv) Distribution, exhibition, display or use within the boundaries of work spot or premises of any newspapers, hand bills, pamphlets or posters, flags or loud speakers, without previous sanction of management.
(xv) Refusal on the part of an employee to work on a job or a machine other than the job or machine on which he is usually engaged without adversely affecting his service conditions.
(xvi) Holding meetings within the establishment or in any of the premises including the precincts thereof owned by the Tamil Nadu Water Supply and Drainage Board without the previous sanction of the management.
(xvii) Gambling within the premises of the establishment.
(xviii) Sleeping while on duty.
(xix) Malingering or slowing down of work.
(xx) Unauthorised use of Board's quarters or land.
(xxi) Acceptance of gifts from subordinates.
(xxii) Lending or borrowing money to or from subordinates.
(xxiii) Insolvency
(xxiv) Writing of anonymous or pseudonymous letters criticising the Board or any person employed by the Board.
(xxv) Spreading false rumours, or giving false information, which tends to bring into disrepute the Board or those employees of the Board or spreading panic among them.
(xxvi) Conviction in any Court of Law for any criminal offence involving moral turpitude.
(xxvii) Theft of employer's or any employee's property inside the premises of the establishment.
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(xxviii) Continuous absence without permission and without satisfactory cause for more than five years.
(xxix) Giving false information regarding name, father's name, qualification, age or previous service or any other information connected with employment, at the time of employment or any other time during service.
(xxx) Any breach of any rules.
(xxxi) Abetment of or attempt to commit any of the above acts of misconduct.
(xxxii) Habitual breach of any rules or instructions for the maintenance and cleanliness of work places.
(xxxiii) Willful disobedience of any order expressly given or any rule expressly framed for the purpose of securing safety or willful removal or disregard of or interference with any safety guard or other devise provided for securing safety.
(xxxiv) Accepting service in any other establishment other than that belonging to Board or private remunerative employment from any persons.
(xxxv) Leaving one's post or duty without prior permission from higher authorities.
(xxxvi) Conducting or promoting any raffle or lottery and participating in any unauthorised lottery or raffle within the premises of the establishment.
(xxxvii) Enrolling as members in any political party.
(xxxviii) Engaging in unlawful or illegal demonstrations to coerce or force the management to concede any demand or demands.
(xxxix) Indulging in subversive or other activities which are prejudicial to national security.
(xl) Causing pecuniary loss to the Board by false certificate, or by gross negligence.
Explanation.- Whenever heavy losses are sustained by the Board due to issue of any false certificate by an employee of the Board, or due to his negligence his services are liable to be terminated. Besides, the liability for the losses shall also be enforced on him and recovery of the value of such losses shall be made to the extent necessary from the pay of the employee (B.P.Ms.No.444, dated 14.10.85)
7. (a) The employees of the class or category mentioned in column (l) of the table below may be imposed with the penalties mentioned in column (2) of the said table by the authorities mentioned in the corresponding entries in column (3) thereof and appeal against such imposition may lie to the authorities mentioned in the corresponding entries in column (4) thereof.
6 THE TABLE Class and Category of employees Penalty Competent authority to impose the penalty in column (2) Appellate authority
(1) (2) (3) (4)
1. Tamil Nadu Water Supply and Drainage Board Engineering and General Service Chief Engineer, Superintending Engineer, Secretary to the Board,
(a) Censure
(b) Withholding of increment Managing Director Board Deputy Secretary, Accounts Officer and Assistant Secretary
(c) Recovery from pay of the whole or part of any pecuniary loss caused to the Board or to the local body by negligence or breach of orders; or Board Government
(d) Recovery from pay to the extent necessary of the monetary value equivalent to the amount of increments ordered to be withheld or equivalent to the amount of reduction to a lower post in a time-scale and where such an order cannot be given effect to.
Board Government
(e) Suspension, where a person has already been suspended to the extent considered necessary -Do- -Do-
(f) Withholding of promotion. -Do- -Do-
(g) Reduction to a lower rank in the seniority list or to a lower post or time-scale or to a lower stage in a time scale -Do- -Do- 7 161
(h) Compulsory retirement otherwise than on attaining the age of superannuation etc.
-Do- -Do-
(i) Removal from service -Do- -Do-
(j) Dismissal from service -Do- -Do-
2. (i) Tamil Nadu Water Supply and Drainage Board Chief Engineers’ Office - Non-technical P.A. to Chief Engineer Censure Chief Engineer Managing Director
(ii) Tamil Nadu Water Supply and Drainage Board Engineering Service - Executive Engineers/Municipal Engineers Grade-I, Assistant Engineers/Municipal Engineers Grade-II and Chief Head Draughtsman.
Censure Chief Engineer Managing Director
(iii) Employees in item (1) above Other penalties in items (b) to
(j) in column (2) of officers mentioned under item 1 above.
Managing Director Board
3. Tamil Nadu Water Supply and Drainage Board Engineering Subordinate Service -
(i) Junior Engineer/ Supervisors and other technical staff in Chief Engineer’s Office.
Censure Deputy Chief Engineer Chief Engineer
(ii) Junior Engineers/ Supervisors/Municipal Engineers, Grade-III in Circles.
-Do- Superintending Engineer -Do-
(iii) Technical staff in Superintending Engineer’s Office -Do- Do- -Do-
(iv) Technical Staff other than Junior Engineers/ Supervisors in Divisions and sub-divisions.
-Do- Executive Engineer Superintending Engineer 8
(v) Employees in item 3 above Other penalties i.e. penalties in the items (b) to
(j) in column (2) against employees under item No.1 above.
Chief Engineer Managing Director
4. Tamil Nadu Water Supply and Drainage Board Subordinate Service -
(i) Board Secretariat - Superintendents, Assistants, Junior Assistants, Confidential Steno, Stenotypists, Typists, Receptionist-cum-Telephone Operator and Record Assistant.
Censure Secretary Managing Director Employees in item 4 above. Other penalties in (b) to (j) in column (2) against employees under item 1 above Managing Director Board
(ii) Chief Engineer’s Office – Superintendents, Assistants, Upper Division Steno, Junior Assistants, Steno-typists, Typists.
Censure Chief Engineer Managing Director
(iii) Circle Offices – Managers, Office Assistants, Junior Assistants, Steno-typists, Typists and Store-keepers Censure Superintending Engineer
(iv) Division and Sub-Division Offices – Assistants, Junior Assistants, Steno-typists, Typists.
Censure Superintending Engineer Employees in item 4 above column (2) against employees under item 1 above.
Other penalties i.e. penalties in the items (b) to
(j) in column (2) against employees under item No.1 above.
Chief Engineer Managing Director Chief Engineer Chief Engineer 9
5. Tamil Nadu Water Supply and Drainage Board General Subordinate Service and Tamil Nadu Water Supply and Drainage Board Last Grade Service.
Drivers, Record Clerks, Daffedars, L.G.G.S., Watchmen and other posts not specifically mentioned under the rules
(a) Penalties in items
(a) to (e) in column (2) against employees under item 1 above and fine in respect of last Grade Servants Immediate superior officer or any higher authority Next higher authority
(b) Penalties in item
(f) to(j) in column
(2) against employees mentioned under item 1 above Appointing authority Next higher authority NOTES.- (1) The expression “Immediate Superior Officer” occurring in column (3) against item 5 (a) above means the immediate superior officer under whom the delinquent was working at the time when the lapses were committed and includes his successor in office.
(2) In cases where first appeal lies to the Chief Engineer and to the Managing Director, a second appeal may lie to the Managing Director and to the Board, respectively.
(3) The appellate authority in respect of penalties awarded by the Board is the Government and in all other cases, the Board is the appellate authority.
(b) Competency of authorities superior to disciplinary authority – Where in any case a higher authority has imposed or declined to impose a penalty under this regulation, a lower authority shall have no jurisdiction to proceed under this regulation in respect of the same case.
(c) The fact that a lower authority has imposed or declined to impose a penalty in any case shall not debar a higher authority from exercising his jurisdiction under this regulation in respect of the same case.
(d) The order of a higher authority imposing or declining to impose in any case a penalty under this regulation shall supersede any order passed by a lower authority in respect of the same case.
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(e) The fact that a lower authority has dropped a charge against a person as not proved shall not debar a higher authority from reviving it for reasons to be recorded in writing and taking suitable action on the charge so revived.