(1) An employee may be dismissed or removed from service or reduced in rank on the ground of conduct which has led to his / her conviction on a criminal charge.
(2) (a) The appointing authority or any authority to which it is subordinate or disciplinary authority empowered in that behalf by the Board of Trustees may place an employee under suspension: –
(i) Where a disciplinary proceeding against him / her is contemplated or is pending; or
(ii) Where a case against him / her in respect of any criminal offence is under investigation, inquiry or trial.
(b) An employee shall be deemed to have been placed under suspension by an order of the appointing authority or any authority to which it is subordinate or disciplinary authority empowered in that behalf by the Board of Trustees: –
(i) With effect from the date of detention if he / she is detained in custody whether on a criminal charge or otherwise for a period exceeding 48 hours;
(ii) With effect from the date of conviction for an offence if he / she is sentenced to a term of imprisonment exceeding 48 hours and is not forthwith dismissed or removed or compulsorily retired consequent on such conviction.
(c) An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by the appointing authority or any other authority to which appointing authority is subordinate.
(3) An employee placed under suspension shall be entitled to a payment of subsistence allowance at such rate not exceeding one-half of his / her pay on the date of suspension plus usual allowances admissible on the date of suspension.
Provided that such payment shall be subject to deductions subject to a maximum of one half of the total amount of subsistence allowance every month on account of Income-Tax, house rent, charges for electricity etc., recovery of loans and advances, over payment made to him / her by the Memorial and loss caused to the Memorial for which he / she has been held responsible.
(4) The following penalties may, for good and sufficient reasons and as hereunder provided, be imposed on an employee: –
(i) Censure;
(ii) Withholding of increments or promotion;
(iii) Recovery from pay of the whole or part of any pecuniary loss caused to the Memorial by negligence or breach of orders or directions of superior authorities;
(iv) Reduction to a lower post or a lower time-scale or to a lower stage in the timescale;
(v) Compulsory retirement; and
(vi) Dismissal or removal from service.
(5) No order imposing any penalty on any employee shall be passed, except after –
(a) The employee is informed in writing of the proposal to take action against him / her and the allegations on which such action is proposed to be taken and is given an opportunity to made any representation in writing or in person he / she may wish to make;
(b) Such representation, if any, is taken into consideration by an Enquiring Officer;
and
(c) The report of the Enquiring Officer is taken into consideration by the disciplinary authority.
(6) (a) Where an order of suspension is made or a disciplinary proceeding is commenced against a borrowed employee the lending authority shall forthwith be informed of the circumstances lending to the order of suspension or, as the case may be, the commencement of the disciplinary proceeding;
(b) In the light of the findings in the disciplinary proceedings taken against such an employee –
(i) If the Trustees are of the opinion that any of the penalties specified in clauses
(iv) to (vi) of sub-regulation (4) should be imposed on him / her, they shall replace his / her services at the disposal of the lending authority and transmit the proceedings of enquiry for such action as it may deem necessary;
(ii) If the Trustees are of the opinion that any other penalty should be imposed on him / her, they may, after consultation with the lending authority, pass such orders on the case as they may deem necessary.
Provided that in the event of a difference of opinion between the lending authority and the Trustees, the services of the employee shall be replaced at the disposal of the lending authority.
(7) An employee may appeal against an order of suspension or an order imposing upon him / her any of the penalties specified in sub-regulation (4) to the authority specified in this behalf in the Schedule annexed to these regulations.
(8) No appeal preferred under these regulations shall be entertained unless such appeal is preferred within a period of 45 days from the date on which a copy of the order appealed against is delivered to the appellant.
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 preferring the appeal in time.