Disciplinary Extra

8/13/2019 Disciplinary Extra

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DRAFT

Constitution of Disciplinary Section

Objective:

Discipline is of paramount importance be it workplace, home or anywhere. Discipline meansorderly behavior. It means voluntary and willing compliance of rules and regulations andinstructions and also development of right habits of conduct in work with others at the work-place. Discipline is a must in any organisation for improving employee morale as well as toincrease the productivity which is the ultimate goal of any organisation. It is the moralresponsibility of the employer to not allow a minority of the employees who are indisciplinedto affect the life of the majority.

How oes !n iscipline arise :

In most of the cases, indiscipline of a worker is the expression of his reaction to hisenvironment. sually the causes of indiscipline are !

"a# $alse promises made by superiors%"b# &ack of awareness of 'ompany(s rules and regulations%"c# )bsence of any procedure to handle grievances%"d# *o action taken when re+uired%"e# ersonal frustrations and misunderstandings.

ince any case of indiscipline is basically a behavioral problem, it is necessary that beforetaking any punitive action, all efforts should be made to improve the behavior of an employeeby correcting him through education, counseling, persuasion and cautioning. owever,sometimes it becomes important to take disciplinary action against errant employees in theinterest of the organi/ation



interest of the organi/ation

Constitution:

2he Disciplinary cell shall be headed by Director " ersonnel# with 54 " 3)# as his advisor. 2he'ell shall constitute members of &3) section, 3) section and two members of 2echnicalections not below the rank of enior 4anager.

Contract of Appoint"ent:6asically the appointment letter issued to an employee governs his employment with theorgani/ation. ence, while taking a disciplinary action against any employee for an act of

misconduct committed by him, the management has to keep in mind the terms and conditionsstipulated in the offer of appointment given to the concerned employee, over and above whichonly the other rules and regulations will become applicable to the employee concerned.

#roce ure:

2he instigation of Disciplinary process will commence at unit level, the 'orresponding D) asmentioned in certified standing orders and 'D) rules will instigate the process as the case maybe. e may seek the help of Disciplinary cell in the process. 2he copy of the case file will bemaintained at disciplinary cell at corporate. )ny action arising out of vigilance en+uiry shallinvariably be sent to disciplinary cell for record keeping. 2he disciplinary cell shall maintain thecase file which shall contain the complete history of any vigilance en+uiry being undertakenpending or any disciplinary action taken against the employee.



"e# Don(t add your impressions or guesses but narrate the actual facts.

"f# 2ake written statements of all whoever has any facts relating to thecomplaint or witnessed the incident.

1.9 2he 8eport of misconduct should invariably give the following details !

"a# $ull name of the person who committed the act of misconduct%

"b# Designation%

"c# :mployee *o.%

"d# ection;Deptt.;Division%

"e# hift or 8elay in which the employee was working%

"f# Date and time of incident%

"g# lace of occurence%

"h# Details of misconduct%

"i# *ame of witnesses, if any%

"j# 8ecored statements, if any%







2)5:-11

2)5:-17

2)5:-19

2)5:-1<

2)5:-1=

If the charge(s) are proved, check thepast record and if any conciliation oradjudication proceedings are goingon, check Industrial Disputes Actprovision, check whether protected

Final Show-cause notice eforepunish!ent if provided under rules

Study the reply given y e!ployeesto final chow-cause notice

"ive clarification, if any, asked for inreply to final show-cause notice

unishments Brder



#R$(!%!&AR) $&*'!R)

1.< )s soon as a complaint is received, we should see whether it is worth dealingwithin an elaborate manner by charge-sheeting the employee and conducting adomestic en+uiry or not. 2his is determined by the gravity of the misconductcommitted by the employee.

1.= Chen an act of misconduct has been committed and the disciplinary authorityreceives a complaint, he should conduct a preliminary en+uiry either himself or get itdone by another Bfficer "Bfficer other than the one who has made the . complaintor who is a witness to the incident#. reliminary en+uiry is done with a view todecide whether there is ade+uate material for proceeding with a domesticen+uiry. Domestic en+uiry starts the moment a charge-sheet is issued and

preliminary en+uiry ends with the issue of charge- sheet. In all cases, preliminaryen+uiry is not essential. If the matter is obvious enough, the domestic en+uiry canstart with the issue of charge- sheet.

2he following are the differences between domestic en+uiry and preliminaryen+uiry.

"a# reliminary en+uiry is not an essential step while domestic en+uiry is a mustfor taking disciplinary action.

"b# Domestic en+uiry aims at determining whether charges are established or notwhile preliminary en+uiry is conducted for finding out whether a prima-faciecase has been made out.

"c# 'onclusions of preliminary en+uiry lead to framing of charge-sheet while thereport of domestic en+uiry forms the basis for awarding punishment.

"d# reliminary en+uiry is not subject to any rules while conduct of domesticen+uiry is subject to principles of natural justice.

#R!&C!#($S OF &AT'RA( +'ST!C$



CHAR,$ SH$$T

1.@ If on the basis of preliminary en+uiry or otherwise, the disciplinary authority is satisfied that aprima- facie case exists and decides to take disciplinary action against the employee concerned,the first thing to be done is to issue a charge-sheet to delin+uent employee.

1.A 'harge-sheet is a memorandum of charges or allegations levelled against the employee whichare acts of misconduct as per the tanding Brders or the 'onduct, Discipline and )ppeal 8ules,as the case may be.

7.E 'heck-&ist for preparation of 'harge- heet!

Chile framing a 'harge-sheet, the following items may be kept in mind so that nothingrelevant would be missing from the 'harge-sheet!

a. Date of 'harge-sheet

b. 'orrect *ame and :mployee *o. of del in+uent employee

c. pecify date of incident

d. Description of incident

e. 8eproduce the lan gu ag e in ver ba tim if there% are words of abuses, defamation or threat

f. 5ive reference of relevant rules such as tanding Brders or 'onduct, Discipline and )ppeal8ules, as the case may be

g. pecify wi thin how much t ime and to whom the reply should be submitted.

h. 'heck the authority competent to issue the 'harge-sheet " ee 'onduct, Discipline and )ppeal 8ules or Delegation of owers, as the case may be#

i Decide whether the employee is to be kept under suspension or not



"f# )void using abbreviations such as etc and also phrases such as such otherthings .

"g# If the previous record of the employee is referred to, then sufficient particulars ofthe previous record should be given in the 'harge-sheet.

7.1 Ti"e for reply to Char-e.sheet: ) reasonable period of time should be given to the employee to submit his reply to the'harge-sheet. 2ime as stipulated in the tanding Brders or 'onduct, Discipline 3 )ppeal8ules, as the case may be, but not less than <@ hours from the receipt of the 'harge-sheet by the employee should be allowed for submission of his reply. If the 'harge-sheeted employee re+uests for extension of time, such re+uest"s# may be considered onits own merits.

7.7 Who si-ns the Char-e.sheet

nless it is delegated otherwise, Dis ci pl in ar y )uthority is t he 'ompetent )uthority tosign 'harge- sheet. " ee )nnexure () 3 6 as the case may be(#.

$rom the )nnexure, it may be seen that for major penalties, the Disciplinary )uthoritiesare different from those for minor penalties. )t the stage of issuing the 'harge-sheet itmay always not be very clear whether the offence is such that a major penalty may be

imposed ultimately or the decision would be only in favour of a minor penalty. :xcept forvery simple cases where beyond doubt the offence may lead to imposition of only a minorpenalty, it will be desirable to have the 'harge-sheet issued under the signature ofDisciplinary )uthorities empowered to impose major penalty.

/01 Service of Char-e.sheet

erving the 'harge-sheet on the delin+uent employee plays a very important role in

disciplinary proceedings. ence, all efforts should be made by the employer to see thatthe 'harge-sheet is served on the delin+uent employee.

- 2he 'harge-sheet may be handed over to the employee and his signature or thumb-



In case of absence or refusal of the employee to take the 'harge-sheet or refusal to giveacknowledgement of its receipt, a copy of the same should also be displayed on *otice6oard. If all efforts to serve the 'harge-sheet on the employee fail, the 'harge- sheetmay be published in some local;regional newspaper with a wide circulation.

7.< Chile preparing a 'harge-sheet, the guidelines suggested in the format in the )nnexuremay be followed.

S'S#$&S!O&

7.= What is Suspension :

uspension from duty means keeping an employee away from work-place temporarily forreasons of discipline. uspension does not mean removal from service. If a person issuspended, he continues to be in service, but is in a stage, as it were, of suspendedanimation.

7.> When to Suspen :

2he suspension of an employee from duty often arises under the following three different

types of situations!

"a# Suspension #en in- Do"estic $n2uiry :

If an employee has committed such serious acts of misconduct such as assault,sabotage etc. and his presence inside the work promises poses threat to the safety of themen and material, he may be kept under suspension immediately pending investigations.2his is called uspension ending Domestic :n+uiry. )t this stage this suspension

cannot be called a punishment. It is desirable to issue the order of suspension along with'harge- sheet but if it is not possible, the 'harge-sheet must follow within ? days of issueof suspension order .



Status of Suspen e $"ployee:

"a# During the period of suspension, the suspended employee shall not enter thework-premises without the permission of the disciplinary authority or any otherauthority competent to do so.

"b# 2he suspended employee shall not leave the station without the writtenpermission of the competent authority.

"c# 2he employee suspended pending en+uiry shall be paid subsistenceallowance as admissible to him under 'D) 8ules or tanding Brders, as thecase may be, which will increase; decrease depending upon the merits of thecase if the period of suspension gets prolonged.

"d# *o leave shall be granted to a suspended employee during the period ofsuspension.

"e# 2he suspended employee will not be paid subsistence allowance if he isengaged in any other employment, business, profession or vocation.

"f# If it is decided after the conclusion of en+uiry not to remove the

suspended employee from service, he will be simply allotted the jobtreating the period of suspension as on duty or leave as decided by thedisciplinary authority.

"g# If an employee suspended pending en+uiry submits resignation, it isnormally not accepted unless it is in the company(s interest.

7.? Subsistence Allowance:

ubsistence allowance is the payment made to an employee who is kept undersuspension pending en+uiry; court(s order only, as under !

:mployees governed by '.D.) 8ules :mployee governed by tanding Brders



c. Due to reasons not directly attributable to theemployee, subsistence allowance is payableat the rate of ?=F of his basic pay andallowances thereon.

Due to reasons attributable to the employer,subsistence allowance is payable at the rate of9;<th of his basic wages G Dearness )llowance.

d. Due to reasons directly attributable to theemployee, subsistence allowance is payableat the rate of 7=F of his basic pay andallowances thereon.

Due to reasons attributable to the employee,subsistence allowance is payable at the rate of1;<th of his basic wages G Dearness )llowance .

2he payment of above subsistence allowance will be subject to a written declaration bythe employee concerned that he is not engaged in other employment or business or

profession or vocation as well as his observance of the instructions; advice contained inthe order of suspension issued to him.

"d# If the suspended employee is found guilty of the misconduct alleged against him or someother mis-conduct brought out in the course of the en+uiry and punishment is awarded, heshall not be entitled to any remuneration for the period of suspension pending en+uiryother than the subsistence allowance already paid to him, if he is governed by the tandingBrders. In case of an employee governed by the 'onduct, Discipline3 )ppeal 8ules, he

shall be entitled to such proportion of pay and allowances only as the competent authoritymay prescribe.

"e# If the suspended employee is found not guilty of the misconduct, he shall be paid the



representative% allow both the parties to submit to him the relevant documents insupport of their contentions% allow both the parties to examine their witnesses aswell as cross-examine the other(s witnesses% allow both the parties to submitarguments and counter arguments in respect of the charges and evidenceadduced in the en+uiry% and finally submit his en+uiry( report to the disciplinaryauthority.

"b# #resentin- Officer ! resenting Bfficer is the officer appointed to present thecase of the management before the :n+uiry Bfficer relating to the charges levelledagainst the accused employee. 2he resenting Bfficer will produce in theen+uiry, all the relevant documents relating to charges levelled against theemployee and also examine the witnesses of the 'ompany as well as cross-examine the witnesses of the 'harge-sheeted employee. In other words, he playsthe role of the rosecutor. In cases where felt appropriate complainant may bealso appointed as resenting Bfficer.

"c# Char-e.sheete $"ployee: It is necessary that the en+uiry should be held inthe presence of the accused. If, however, the employee failed to report for theen+uiry at the appointed place, date 3 time, the :n+uiry Bfficer may proceedwith the en+uiry ex-parte provided the 'harge-sheet or the en+uiry noticeincluded a provision to that effect.

Defence )ssistance of the )ccused :mployee! If the accused employee wishesanother employee of his choice to assist him at the en+uiry in the conduct of hisDefence, it should be allowed, if a re+uest is made for a non-employee unionoffice-bearer, he may be allowed if there is a provision to that effect under the

tanding Brders or 'onduct, Discipline and )ppeal 8ules.

(e) !nterpreter: 2he presence of an interpreter, from amongst theemployees, would be desirable in case the accused employee is not familiar with

the language in which the en+uiry is conducted.

"f# %ana-e"ent Witnesses4 2hese are the persons who appear in theen+uiry to give their statements in support of the charges levelled against the 'harge-



9.1 Docu"ents to be forwar e to $n2uiry Officer:

2he disciplinary authority shall forward to the :n+uiry Bfficer

"a# ) copy of the 'harge-sheet%

"b# ) copy of the reply if submitted by the 'harge-sheeted employee%

"c# &ist of witnesses, if available%H

H"d# &ist of documents to be produced in en+uiry, if available

"e# 'opy of order appointing the resenting Bfficer.

"H*ot mandatory at this stage#

#roce ure of Do"estic $n2uiry:

"a# )t the commencement of the en+uiry the charges should be read out andexplained to the charge-sheeted employee and he should be asked whether hepleads guilty to the charges or not. If the employee admits his guilt it will be open tothe :n+uiry officer to examine the employee himself even in the first instance, soas to enable him to offer any explanation for his conduct, or to place before the:n+uiry Bfficer any circumstances which may go to mitigate the gravity of theoffense. If after the examination of the employee, the resenting officer chooses toexamine any witness, the employee must be given a reasonable opportunity to

cross-examine those witnesses and also to adduce any other evidence that he maychoose including his own further statement. If, on the other hand, the employeedenies the charge, the burden of proving the truth of the charge and theallegations w i l l be on the management and the witnesses for establishing the



employee re+uests for time to adduce his defence such re+uest should duly andliberally be considered by the :n+uiry Bfficer. If the employee refuses toexamine any witness the same should be recorded by the :n+uiry Bfficer. )fterthe examination of the defence witness is over, the employee should beasked whether he desires to make any further statement. )ny statement which hemay make should be taken down and +uestions may be put to him and asking himto clarify any particular point or circumstance. It is advisable for the :n+uiry Bfficerto put the following +uestion to the charge sheeted employee before concludingthe en+uiry- ave you anything further to state -and record his answer thereto.

Recor in- of the #rocee in-s

roceedings of the en+uiry must be recorded elaborately. 2he statement of the witness andsubse+uent examination;cross-examination should be recorded. 2he statement should be recordedin a narrative form. owever, on crucial and vital points the actual +uestion put and answer givenmay, if necessary, be recorded. 6ut as far as practicable +uestion-answer form of recordingshould be avoided.

9.7 (ea in- *uestions:&eading +uestions i.e. +uestions suggesting the desired answer and suggestions positive ornegative, should be disallowed except in cross-examination. ome examples of leading +uestionsare given below!

1 J is charge-sheeted for assaulting K in the latter(s office at 1E.9E a.m on 1.1.1AAA. 2heresenting Bfficer puts the following +uestion to the witness for the charge.

L. Did not 4r. J enter the office of K at 1E.9E a.m. on 1.1.1AAA and slap K on his face

7. In another case J is charge-sheeted for theft of 'ompany(s property. 2he resenting Bfficer putsthe following +uestion to the witness for the charge.

L Cas not J going out through the gate with a red packet concealed in his umbrella

9.9 )ll documents and records relied upon by the resenting Bfficer and produced at the en+uiry for



to put his signature at the end and on each page and so also the employee be asked tosign on each page and at the end. 2he co-employee, if any of the "above referred#person refuses to sign as re+uired, the same should be recorded by the :n+uiry Bfficerand attested by any witness present.

9.= $5.parte $n2uiry:

Chen the en+uiry is fixed at a particular time, place and date and the charge- sheetedemployee does not turn up and seeks a postponement on genuine grounds, the samemay be granted. If the charge-sheeted employee makes further attempts for adjournmentand the :n+uiry Bfficer is convinced that it is being done with a view to deliberately delaythe proceedings, the :n+uiry Bfficer may proceed with the en+uiry ex-parte. :veryadjourned proceedings of the ex-parte en+uiry should be duly notified to the charge-sheeted employee. If he presents himself and desires to participate he should be allowed to do

so. In no case the :n+uiry Bfficer should proceed ex-parte on the first date of en+uiry.Bne ex-parte hearing does not preclude giving notice for subse+uent hearings. Chere anex-parte en+uiry is held it should not be presumed that the misconduct as mentioned in the'harge-sheet, stands proved. 2he :n+uiry Bfficer still should hold the en+uiry and the

resenting Bfficer prove the charge against the 'harge- sheeted employee and adduceade+uate evidence to that effect. If the resenting Bfficer fails to prove the charge, the:n+uiry Bfficer should give his findings, accordingly holding the delin+uent not guilty.

#artly Hear $n2uiry:

If an :n+uiry Bfficer, after having heard and recorded the whole or any part of the evidence in anyen+uiry, ceases to function as :n+uiry Bfficer for any reason and a new Bfficer isappointed as :n+uiry Bfficer for conducting the en+uiry, the new en+uiry officer mayproceed with the en+uiry from the stage left over by the predecessor and act on theevidence already recorded by his predecessor.

9.> +oint $n2uiry:

Chere two or more persons are chargesheeted in connection with the same incident ortransaction, the authority competent to take disciplinary action for all of them may direct a



)fter the conclusion of the recording of evidence, the :n+uiry Bfficer should prepare andsubmit his report. 2he :n+uiry Bfficer should record clearly and precisely his findings andindicate the reasons for arriving at such findings in respect of each charge. 2he findingsmust be based on the evidence on record. e should not import his personal knowledgeor any material which is not on record. 2he oral evidence and the documents and recordmarked as exhibits at he en+uiry should alone form the basis for arriving at the findings inrespect of each charge. 2he :n+uiry Bfficer need not write a very long or elaborate report,but he must discuss the evidence and state his reasons for accepting or rejecting thesame. :ven in a case where the :n+uiry Bfficer himself is the ultimate disciplinaryauthority, he must state his reasons for finding the employee concerned guilty orotherwise of the charges levelled against him.

2he :n+uiry Bfficer should c lear ly bear in mind that his task is to hold an en+uiry into thecharges and to record, in respect of each charge, whether it is established or not. e should notrecommend any punishment to be imposed on the charge-sheeted employee. $acts or documentswhich have been adduced or produced as evidence before the committee in the presence of thecharge-sheeted employee only, should be taken into consideration while recording the findingsunless the proceedings are ex-parte.

i# )fter conclusion of the en+uiry, a report shall be prepared by the :n+uiry Bfficer and it shallcontain!

"a# the articles of charges and the statement of the allegations of misconduct ormisbehavior%

"b# the defence of the employee in respect of each article of charge%

"c# an assessment of the evidence in respect of each article of charge%

"d# the findings on each article of charge and the reasons therefor.

ii# 2he :n+uiry Bfficer where he is not himself the disciplinary authority, shall forward to thedisciplinary authority the records of en+uiry which shall include!



2he disciplinary authority has to finally decide the matter. e may accept the findings of the:n+uiry Bfficer and decide the penalty or otherwise. Chile so deciding he has to take intoconsideration the gravity of the misconduct and the past records of the 'harge-sheetedemployee and any other extenuating and;or aggravating circumstances that may exist. Ifhe agrees with the findings, he should take a decision regarding the penalty to beimposed. If, on the other hand, he does not agree with the findings he should record thereasons for differing with the findings of the :n+uiry Bfficer records his own findings of guilt,he should afford another opportunity to the 'harge-sheeted employee to show causeagainst the findings of guilt and take into consideration the causes, if any, shown beforeawarding any penalty. 2he +uantum of penalty imposed on the 'harge-sheeted employeeshould not be disproportionate to the seriousness of the misconduct established, andshould be one which any other reasonable employer, under similar circumstances wouldhave awarded.

<.1 Chec7 (ist for Disciplinary Authority:

2he disciplinary authority before passing final orders should check up if the following aspectshave been taken care of!

(a) Chether definite and specific charges were framed%

"b# Chether the 'harge-sheet was properly served!

"c# Chether the 'harge-sheeted employee was given sufficient time to submit hisexplanation, as re+uired under the rules. Chether the explanation, if any, submittedwas duly considered%

"d# Chether the person charged was allowed to cross examine the witness produced insupport of charges, to give evidence in person and to call witness on his behalf%

"e# Chether the findings are based on evidence on record, and whether the penalty isproportionate to the gravity of the offence established.

"f# 2he disciplinary authority should also look into the past records of the employee ani d i i if hil d idi h l b



<.7 $"ployee on Deputation fro" the Central ,ovt0 or the State ,overn"ent etc0:

Chere an order of suspension is made or disciplinary proceedings is taken against anemployee, who is on deputation to the 'ompany from the 'entral or a tate 5overnment, oranother public undertaking, or a local authority, the authority lending his services "hereinafterreferred to as the lending authority # shall forthwith be informed of the circumstancesleading to the order of his suspension, or the commencement of the disciplinary proceedings,as the case may be.

<.9 In the light of the findings in the disciplinary proceeding taken against the employee!

"a# If the disciplinary authority is of the opinion that any of the minor penalties should beimposed on him, it may pass such orders on the case as it deems necessary afterconsultation with the &ending )uthority% provided that in the event of a difference of

opinion between the disciplinary authority and the &ending )uthority, the services of theemployee shall be placed at the disposal of the &ending )uthority.

"b# If the disciplinary authority is of the opinion that any of the major penalties should beimposed on him, it should place his services at the disposal of the &ending )uthority andtransmit to it the proceedings of the en+uiry for such action as it deems necessary.

<.< If the employee submits an appeal against an order imposing a minor penalty on him under

sub-rule "a# it will be disposed of after consultation with the &ending )uthority% provided that ifthere is a difference of opinion between the )ppellate )uthority and the &ending )uthority, theservices of the employee shall be placed at the disposal of the &ending )uthority andthe proceedings of the case shall be transmitted to that authority for such action as it deemsnecessary.

#$&A(T!$S

<.= Bn the basis of the conclusions arrived at in the domestic en+uiry, if it is found that the chargeslevelled against the employee are not proved, he may be exonerated and a letter to thateffect may be issued. If one of the charges or all the charges are proved, then theappropriate penalty may be imposed on the employee by referring to the penalties provided



vi# 8eversion to the previous class, grade or post of an employee, appointed onprobation or another class, grade or post, during or at the end of the period ofprobation, in accordance with the terms of the appointment or probation%

vii# 2ermination of service%

- Bf an employee appointed on probation during or at the end of the periodof probation, in accordance wi th the , terms of hi s appointment

- Bf an employee appointed in a temporary capacity otherwise than undera contract or agreement, on the expiry of the period for which he wasappointed earlier in accordance with the terms of his appointment%

- Bf an employee appointed under a contract or agreement, in accordance

with the terms of such contract or agreement% and

- Bf an employee on reduction of establishment.

<.> #enalties an their !"position:

2he penalty proposed should normally be commensurate with the gravity of the(misconduct(. 2hough it is the management(s discretion to award a lesser penalty than

stipulated under the rules, major penalty for a minor misconduct cannot be awarded. 2hemanagement has the discretion to decide the appropriate penalty for a particularmisconduct, subject to the obvious +ualification that the penalty should not be undulyexcessive. 2he penalty must be imposed for good and sufficient reason.

<.? Warnin-:

Carning may be oral or in writing. Chen it is in writing it forms a part of one(s record of service

and reflects on the conduct and efficiency of the employee. It can also be used inawarding severe punishment in future in case of habitual repetition of the same offence.

Issue of warning does not affect wages of the employee nor does it have any bearing on



uspension may be ordered as a punishment. It is different from suspension pendingen+uiry. uspension as a penalty can be inflicted on an employee after the completion ofthe formalities of the disciplinary proceedings. uspension letter may be issued.

<.1E. Withhol in- of !ncre"ents:

:mployees in time-scale of pay get annual increment in normal course, subject to passing ofthe efficiency bar or test, if any, prescribed. Cithholding of increment of an employeeei th er on account of his work being found unsatisfactory or for failure to pass theprescribed test;examination is different from withholding of increment as a penalty. Chile theformer is only an administrative action taken by the management against an employee forhis inefficiency, the latter is a result of disciplinary action.

)s a penalty, their increment can be withheld after following the procedure prescribed. )

letter to this effect may be issued.



=.E Re uction to a (ower ,ra e or #ost or Sta-e:

2he expression reduction to a lower grade or post means a transfer from a higherposition to a lower position at a lower rate of salary.

8eduction in rank may be either by way of punishment or it may be on administrativegrounds. Chen an employee is reverted from a higher post in which he does not hold a lien, itcannot be considered either a punishment or forfeiture of emoluments.

Chile ordering the punishment of reduction to a lower grade or post the disciplinaryauthority shall state the period for which it shall be effective and whether on restoration theperiod of reduction shall operate to postpone his future increment% if so, to what extent.

:very order passed by a disciplinary authority imposing the penalty of reduction to alower stage in a time-scale should indicate!

i# the stage in the time scale "in terms of rupees# to which the employee is reduced%and

ii# the date from which it will take effect.

It is a major penalty and the acts of misconduct for which reduction in rank;grade may beawarded are almost the same as those for which the penalty of removal or dismissal canbe awarded.

=.7 Re"oval an Dis"issal:

2he Dictionary meaning of the word removal means (to discharge,( (to get rid of, (to dismiss(.2he word dismissal means (to let go(, to relieve from duty. In ordinary parlance both thesewords mean the termination of an employee(s service. owever, there is a slightdistinction between the two in the sense that the removal from service does not dis+ualify



of the order of the disciplinary authority "within 71days in case of 4odel tanding Brders#and the )ppellate )uthority shall dispose of the appeal within 9E days "9 months when'onduct, Discipline 3 )ppeal 8ules are applicable# of the receipt of the appeal.

=.< #rovisions un er Con uct< Discipline = Appeal Rules: =.= )n employee governed by 'onduct, Discipline 3 )ppeal 8ules may also prefer an appeal

against an order of suspension to the appellate authority as shown in )nnexure-(I(.

=.> 2he appeal shall be addressed to the appellate authority and submitted to the authoritywhose order is appealed against. 2he latter authority shall forward the appeal together withits comments and the records of the case to the appellate authority within 1= days. 2heappellate authority shall consider whether the findings are justified or whether the penalty isexcessive or inade+uate and pass appropriate orders within three months of the date ofappeal. 2he appellate authority may pass order confirming, enhancing, reducing or settingaside the penalty or remitting the case to the authority which imposed the penalty or to anyother authority with such direction as it may deem fit in the circumstances of the case

=.? rovided that if the enhanced penalty which the appellate authority proposes to imposeis a major penalty and an en+uiry as provided under rules has not already been held in thecase, the appellate authority shall direct that such an en+uiry be held in accordance withthe provisions of the rules and thereafter consider the record of the en+uiry and passsuch orders as it may deem proper. If the appellate authority decides to enhance thepunishment but an en+uiry has already been held as provided in rules, the appellateauthority shall give a show cause notice to the employee as to why the enhanced penaltyshould not be imposed upon him. 2he appellate authority shall pass final order aftertaking into account the representation, if any, submitted by the employee.

=.@ Review:

=.A $or employees governed by the tanding Brders, an authority higher than the appellateauthority may review the case after appeal at any time either on its own motion or on theapplication of the employee concerned.



<. )nnexure-(D( 'harge-sheet

=. )nnexure-(:0 Brder of suspension pending en+uiry

>. )nnexure-($( Brder of suspension pending 'ourt(s Brder

?. )nnexure-(5( Brder appointing the :n+uiry Bfficer; 'ommittee@. )nnexure-( ( Brder appointing the resenting Bfficer

A. )nnexure-(I( *otice of en+uiry

1E. )nnexure-(M( :xoneration letter

11. )nnexure-( ( Carning letter

17. )nnexure-(&( unishment Brder - 'ensure

1<. )nnexure-(4( unishment Brder - uspension

1=. )nnexure-(*( unishment Brder - Cithholding toppage of incrementunishment Brder

1>. )nnexure-(B( unishment Brder - 8eduction in rank;pay

1?. )nnexure-( ( unishment Brder - 8emoval Dismissal

*.6.! 2he proforma given in these )nnexures may be suitably modified, wherevernecessary, to suit the facts and circumstances of a particular case.



)nnexure-)

ACTS A&D O%!SS!O&S CO&ST!T'T!&, %!SCO&D'CT:

) workmen shall comply with the provisions contained in the tanding Brders of the'ompany in force from time to time.

Cithout prejudice to the general meaning of the term misconduct, the following acts andomissions shall inter-alia constitute specific acts of misconduct on the part of workmen!

79.1 Insubordination or disobedience or instigation thereof whether alone or in combinationwith others of any lawful and reasonable orders of a superior or refusal to accept anycommunication served by the 4anagement.

79.7 *on-observance of safety precautions or the rules on the subject or failure to usesafety e+uipment or wear protective clothing supplied to the employees by the'ompany while on duty.

79.9 4aking any misstatement or false or untrue statements or suppressing any informationand;or facts etc., regarding his name, age, father0s name, +ualification, previousservice, conduct or any other matter germane to the employment etc., by an employeein his application for employment or at the time of interview in support of hiscandidature for a post or at any time thereafter during the course of his employmentwith the 'ompany.

79.< abitual late attendance "or late attendance of more than three occasions within one

calendar month# or leaving work or place of work without permission or habitualabsence from duty without leave or without sufficient cause.

79.= abitual negligence or neglect of duty, malingering or deliberate slowing down of work



79.19 moking in prohibited areas.

79.1< abotage or willful damage to or loss of, 'ompany0s goods or property or interferencewith any safety devices installed in or about the works premises.

79.1= Demonstrating, picketing, agitating, detaining or gheraoing any officer or supervisorystaff whether inside or outside the 'ompany0s premises.

79.1> 8efusal to be searched by the ecurity ersonnel or by a person authori/ed by thecompetent authority in accordance with these tanding orders.

79.1? Cillful failure to inform a 4edical Bfficer of the 'ompany of the occurrence in his

house of a notifiable disease vi/. 'holera, small pox, leprosy, typhoid, mumps,epidemic, dropsy, measles.

79.1@ nauthorised communication of official documents or information and disclosure toany unauthori/ed person of information relating to the 'ompany0s operations andbusiness.

79.1A 'arrying on money lending or any other private business without the written

permission of the 4anagement and entering into speculation in any investment orcommodity.

79.7E preading false rumours or giving false information which tends to bring into disreputethe 'ompany or its employees or spreading panic among them.

79.71 Criting of anonymous or pseudonymous letters critici/ing superiors of the 'ompany,or conduct prejudicial to the interests or reputation of the 'ompany.

79.77 Brgani/ing, holding, attending or taking part in any meeting shouting slogans,organi/ing processions within company premises or its precincts without previouswritten permission of the management.



distributing or exhibiting any newspapers, pamphlets, hand-bills, posters or the likewithout the previous written sanction of the 4anagement.

79.91 *ot starting work by starting time of duty hours or leaving work before working hoursare over or refusal on the part of a workman to work on a job or a machine which doesnot call for any special skill or previous experience and can be done by the workmanwithout adversely affecting the ervice conditions.

79.97 'ontinuous absence without permission and without satisfactory cause for more than? days.

79.99 )betment or attempt to commit any of the above acts of misconduct.

79.9< $alsification;defacement or destruction or unauthori/ed removal of 'ompany records

whether maintained by workman himself or other employee or willfully committingserious mistakes or errors in the maintenance of records or giving incorrect informationfor preparing them, or giving wrong testimony when accidents or other matters such asmisconduct etc., are being investigated.

79.9= 8efusal to accept order of transfer from one office; department ;section;branch or shiftto the other provided such transfer does not affect the grade and pay of the workman.

79.9> &oitering or idling during working hours, either alone or in groups, within theestablishment or staying, after the authori/ed hour of work, without permission.

79.9? :ntering into bigamous marriage or marrying any person who has the other spouseliving without prior permission of the management.

79.9@ Disclosure regarding trade secrets and taking photographs of the project andmachinery where it is prohibited.

79.9A )betment of or attempt to commit, or commission of any act of indiscipline or any actsubversive of discipline or habitual negligence.



79.<> 'arrying any kind of weapons, explosive materials whether licenced; unlicenced in'ompany0s premises.

79.<? nauthorised absence from place of duty after reporting for work.

79.<@ 5iving or taking dowry.

79.<A lying vehicles under intoxication.

79.=E 2aking part in politics and elections.

a# *o workman shall be a member of or be otherwise associated with, anypolitical party or any organi/ation which takes part in, subscribe in aid of , or assist inother manner , any political movement or activity.

b# If any +uestion arises whether any movement or activity falls within the scopeof this rule, the decision of the management thereon shall be final.

c# *o workman shall canvass or otherwise interfere or use his influence inconnection with, or take part, in elections to any legislator or local authority.

*ote! 2he above instances of misconduct are only illustrative in nature and not exhaustive.



)nnexure-6

%iscon uct

Cithout prejudice to the generality of the term NmisconductO the following acts of omission andcommission shall be treated as misconduct and will make the concerned employees liable todisciplinary action!

1. 2heft, fraud or dishonesty in connection with the business or property of the 'ompany or ofproperty of another person within the premises of the 'ompany.

7. 2aking or giving, offering or asking for bribes or any illegal gratification whatsoever orindulging in corrupt practices.

9. ossession of pecuniary resources or property disproportionate to the known sources ofincome by the employee or on his behalf by another person, which the employee cannotsatisfactorily account for.

<. $urnishing false information regarding one0s name, age, father0s name, +ualification etc. forthe purpose of employment or concealing any facts about the previous employment or anyother matter germane to the employment at the time of employment or during the course ofemployment, or giving false evidence at the time of any departmental en+uiry.

=. )cting in any manner prejudicial;detrimental to the interests of the 'orporation; 'ompany.

>. abitual indiscipline or willful insubordination or disobedience, whether or not in combinationwith others, of any lawful and reasonable order of higher authority.



17. Drunkenness, intoxication or riotous or disorderly or indecent behavior in the premises of the'ompany or outside such premises where behavior is related to or connected with theemployment.

19. 5ambling within the premises of the establishment.

1<. moking within the premises of the establishment where it is prohibited.

1=. 'ollection without the permission of the 'ompetent )uthority of any money within thepremises of the 'ompany except as sanctioned by any law of the land for the time being inforce or rules of the 'ompany.

1>. leeping while on duty.

1?. 'ommission of any act which amounts to a criminal offence involving moral turpitude.

1@. )bsence from the employee0s appointed place of work without permission or sufficient cause.

1A. urchasing property, machinery, stores etc. from or selling property, machinery, stores etc. tothe 'ompany without express permission in writing from the 'ompetent )uthority.

7E. 'ommission of any act subversive of discipline or of good behaviour.

71. )betment of or attempt at abetment of any act which amounts to misconduct.

77. triking work either singly or alongwith others in contravention of any statute, law, rule or



7?. 8efusal to accept any communication including order of transfer from one job;shift to anotheror from one department or section to the other, provided such transfer shall not affect thegrade and pay of the employee.

7@. $alsification, defacement or destruction of 'ompany0s records, impersonation or forgery.

7A. 'onviction by a court of law for any criminal offence involving moral turpitude or conviction bya court of law for a serious criminal offence.

9E. urrounding;5heraoing or forcibly detaining 4anagement personnel or any of the 'ompany0sofficers.

91. 4aking representations to persons or bodies outside the 'ompany, whether official orotherwise, on matters connected with the affairs of the 'ompany or personal grievancesagainst the management.

97. )ssaulting or intimidating an employee of the 'ompany within the 'ompany0s premises oroutside.

99. 4aking representations or sending grievance petitions to the members of the 6oard ofDirectors or the senior 4anagement or 5overnment of India except through proper channel."2his does not prevent submission of appeals to the prescribed )ppellate )uthorities underthese rules#.

9<. preading or encouraging casteism, regionalism or communalism.

9=. Deliberately spreading false information or rumours with a view to bringing about disruption ofthe 'ompany0s normal work or otherwise to bring disrepute to the 'ompany or its



)ccordingly, every employee who is Incharge of a work place shall take appropriate steps toprevent sexual harassment of any women at such work place.

*ote! 2he above instances of misconduct are only illustrative in nature and not exhaustive and anyobvious improper conduct on the part of any employee will be treated as misconduct.



)nnexure-'

R$#ORT OF %!SCO&D'CT

2o,

2he Departmental ead ; ersonnel Department, ...............................Department.

I wish to report as under!

&' *ame 3 :mployee *o. of Delin+uent :mployee

7. Designation of the Delin+uent :mployee! osting!

' 2ime and Date of incident!

' lace of occurrence !

*' Details of misconduct!

+' *ame"s# 3 ignature of Citness"es#!

' Chether statements recorded and attached! Kes;*o

Date ! ignature of 8eporting:mployee "'omplainant#*ame!Designation!



A&&$>'R$ 3D3

CHAR,$ SH$$T

8ef.*o. ! Date!

*ame.........P

:mployee *oP.

DesignationP

ection...........

Department...

Chereas it has been reported that you have committed the following act"s# or omission whichconstitute"s# misconduct in accordance with tanding Brders;'onduct, Discipline 3 )ppeal 8ulesH !i) i# " $ull narration of the accounts of misconducti) ii# In detail with particular reference

ii) iii# to date, time place etc.#

7. Kou are, therefore, charged with having committed the following act"s# of misconduct!i) i# "4ention only relevant portion from the clausesii) ii# applicable to misconduct and refer to number andiii) iii# sub-clause of the tanding Brder;'D) 8ules against each of the charges#.

9. Kou are re+uired to submit to the undersigned a written explanation;statement of defenceH

on or before.................................. showing cause as to why should you not be dismissed orotherwise punishedH for committing the above mentioned act"s# of misconduct.

<. hould you fail to submit your explanation;statement of defenceH as directed it will be



A&&$>'R$ $

ORD$R OF S'S#$&S!O& #$&D!&, $&*'!R)

8ef.*o. Date!

*ame..................................................

:mployee *o......................................

Designation.......................................

ection...........................................P

Department........................................

'ertain allegations amounting to serious misconduct under the tanding Brders; 'onduct,Discipline 3 )ppeal 8ulesH have been made against you. $ormal charge-sheet is being issuedseparately.

7. ince the allegations made against you are of a serious nature, you are hereby suspended withimmediate effect pending further proceedings and final orders in the matter.

9. During the period of your suspension, you shall not enter the Corks remises except with thepermission of the competent authority, nor should you leave the station without the writtenpermission of the undersigned.

<. Kou are re+uired to surrender your token;identification cardH to................. immediately.

=. During the period of your suspension, you will be entitled to draw ubsistence )llowance asadmissible under the rules



ORD$R OF S'S#$&S!O& WH$R$ A& $%#(O)$$ !S ACC'S$D

A CO'RT OF (AW FOR A CR!%!&A( OFF$&C$

8ef.*o.! Date! :mployee *o...............................P.

Designation......................................

ection..............................................Department.............................PP

Chereas it has been reported that action is being taken to prosecute you;you have been prosecutedin a 'ourt of &aw for an offence;under ection"s#............... of the Indian anel 'ode which is;are ofserious nature involving moral turpitude; corruption.H

7. Kou are, therefore, placed under suspension with immediate effect until disposal of the 'riminaltrial contemplated;pending against you in accordance with 8ule....................of the tandingBrders;'onduct, Discipline 3 )ppeal 8ulesH

9 During the period of your suspension, you shall not enter the Corks remises except withthe permission of the competent authority, nor should you leave the station without thewritten permission of the undersigned.

Kou are re+uired to surrender your token;identification cardH to................. immediately.

=. During the period of your suspension, you will be entitled to draw ubsistence )llowance asadmissible under the rules.

>. lease acknowledge receipt of this order on the duplicate copy enclosed.

ignature of the Disciplinary )uthority

*ame



A&&$>'R$ 3,3

ORD$R A##O!&T!&, TH$ $&*'!R) OFF!C$R9CO%%!TT$$

8ef.*o.! Date!

OFF!C$ ORD$R

Chereas certain allegations constituting misconduct have been madeagainst"name#......................................... designation....................... ection;Deptt................. on whichbasis the 'harge-sheet was issued to him vide letter *o..................... dated............... and whereas

the above workman;employeeH has denied the allegation"s# and the charge"s#;has partly admittedthe allegation"s# and the charge"s# necessitating further en+uiry;his explain-nation is not otherwiseconsidered satisfactory;his explanation has not been receivedH

H7. 2he undersigned, therefore, appoints........................ as :n+uiry Bfficer to en+uire into theallegations and submit findings to the undersigned within............... days for consideration.

H7 2he undersigned, therefore, appoints an :n+uiry 'ommittee consisting of the followingmembers!

i#.............................................., 'hairman.

ii#.............................................., 4ember.

iii#............................................., 'onvener.

to en+uire into the allegations and submit findings to the undersigned with................. days forconsideration.

9. hri........................ "name of delin+uent employee# is directed to appear before the said :n+uiry



A&&$>'R$ 3H3

ORD$R A##O!&T!&, TH$ #R$S$&T!&, OFF!C$R

8ef. *o. Date!

OFF!C$ ORD$R

Chereas charge-sheet *o......................................dated...........................was issuedtoPPPP.... hri...................................."name#......................designation..................... ection;Deptt...............

7. Chereas an :n+uiry Bfficer;'ommitteeH was appointed;constituted to en+uire into theallegations against the above named employee vide *o............................................ dated...........

9. 2he undersigned, therefore, appoints hri...................................................... "name# ,Designation.............................. ection;Deptt................................ as the resenting Bfficer topresent the case and adduce evidence in support thereof, before the said :n+uiry Bfficer'ommittee on behalf of the undersigned.


*ame!

Designation!

Copy to:

1. hri........................" resenting Bfficer#.

7. :n+uiry Bfficer;4embers of the :n+uiry 'ommittee.



A&&$>'R$3 !3

&OT!C$ OF $&*'!R)

R$,!ST$R$D A9D '0#0C0

8ef. *o.! Date!

*ame.................................................

:mployee *o......................................

Designation........................................

ection...............................................

Department.......................................

Sub: $n2uiry #rocee in-s

In the matter of charge-sheet *o............................................dated............................ issued to you,it is hereby informed that the undersigned;the :n+uiry 'ommitteeHconstituted vide Bffice Brder*o.................................................................... dated..... ... ... ... ... ...... ... ...... ... ... ... ... will hold en+uiryin...............................................................................PPPPPPPPPPPPPPPPP" lace# in the said matter on............................................................. "date# and at.............................PPPPPPPPPPPP............... "time#.

7. Kou are advised to appear at the above mentioned en+uiry and produce all your witnesses andevidence in support of your defence.

9. )t the en+uiry, the management evidence and witnesses will be examined first. Kou will be givenfull opportunity to examine the evidence and cross-examine the management witnesses onwhich the charges are based Kou will then be given the opportunity to produce defence



'opy to!

1......................................" resenting Bfficer#

7....................................."4embers of the :n+uiry 'ommitteeH#

9...................................." ecurity Bfficer#

<...................................."Disciplinary authority#

HBmit whichever is not applicable.



Anne5ure.+

$>O&$RAT!O& ($TT$R

8ef.*o! Date!

*ame.............

:mployee *oP.

Designation.P..

ection.........P.

Department.P.

1. lease refer to the letter of charge *o...................... dated............. issued to you and thesubse+uent en+uiry into the allegations mentioned therein.

7. Kou are, hereby, exonerated of the charges levelled against you vide above mentioned letterdated..............

H9. Kour suspension order dated............... in the above case is hereby revoked% and you are advisedto report for your duties forthwith, but not later than.......................

H<. ubject to "9# above, the period of your suspension will be treated as on duty and you will bepaid the difference between the subsistence allowance already paid to you and the emoluments

consisting of pay and allowances which you would have received had you not been suspended.

ignature of the Disciplinary )uthority*ame!



A&&$>'R$ 3?3

WAR&!&, ($TT$R

8ef.*o!Date!

*ame.............

:mployee *oP

Designation.P..

ection.........P

Department.P.

)s a result of the departmental en+uiry held in your presence;ex-parte,H you are found guilty jointlyH and severallyH of the charge"s# levelled against you ."If all the charges are not proved,mentioned only those charges which are proved as per the charge sheet dated....................H#.

In the circumstances, the undersigned would have been fully justified to take a serious view in thematter and inflict upon you severe punishment. owever, in consideration of the fact that your pastrecord is satisfactory;you have admitted your guilt and re+uested for pardon;with a view to offer youa fair chance to improve your conductH, I have decided to let you off with a written warning this time.

It is hoped that you will appreciate it and improve your conduct in future. owever,you shouldnote that in future, if you are found guilty of this or similar misconducts the 4anagement will not

hesitate to take a very serious-view, if justified by the facts and circumstances of the case.




#'&!SH%$&T ORD$R.C$&S'R$

8ef.*o! Date!

*ame.............

:mployee *oP

Designation.P..

ection.........P

Department.P.

)s a result of the departmental en+uiry held in your presence;ex-parte,H you are found guilty ofthe charge"s# levelled against you "if all the charges are not proved, mentioned only thosecharges which are proved as per the 'harge-sheet dated...............#.

In the circumstances, the undersigned would have been fully justified to take a serious view inthe matter and inflict upon you severe punishment. owever, in consideration of the fact thatyour past record is satisfactory;you have admitted your guilt and re+uested for pardonH;with aview to offer you a fair chance to improve your conductH, you are hereby 'ensured.


*ame!

Designation!

Copy to

1. 'oncerned 8eporting Bfficer e is re+uested to hand over this letter to the above namedemployee after obtaining his dated signature;left handthumb impression on the duplicate copy enclosed 3 return



A&&$>'R$ @%

#'&!SH%$&T ORD$R.S'S#$&S!O&

8ef.*o!Date!

*ame.............

:mployee *oPDesignation.P..

ection.........P

Department.P.

$urther to the 'harge-sheet *o..............................dated.............issued to you andreceipt of your explanation dated.............an en+uiry was held into the charge"s# levelledagainst you.

7. 2he undersigned finds from the proceedings of the en+uiry that reasonable opportunitywas provided to you for conducting your defence at the en+uiry by cross-examiningmanagement witnesses and producing your defence.

9. 2he undersigned has carefully gone through the records of the en+uiry, the connectedpapers, documents and findings of the :n+uiry Bfficer;'ommitteeH and based on thefindings at the en+uiry, it is found that the following charge"s# levelled against you has;have been sufficiently proved;establishedH



7. ay 3 )ccounts ection

9. 'oncerned ersonnelDeptt.;Disciplinary 'ell

<. 'oncerned $ile

HBmit which is not applicable.



A&&$>'R$ 3&3

#'&!SH$%$&T ORD$R B STO##!&, OF !&CR$%$&T

8ef.*o! Date!

*ame.............

:mployee *oP

Designation.P..

ection.........P

Department.P.

$urther to the 'harge-sheet *o..............................dated.............issued to you andreceipt of your explanation dated.............an en+uiry was held into .the charge"s#levelled against you.

7. 2he undersigned finds from the proceedings of the en+uiry that reasonable opportunitywas provided to you for conducting your defence at the en+uiry by cross-examiningmanagement witnesses and producing your defence.

9. 2he undersigned has carefully gone through the records of the en+uiry, the connectedpapers, documents and findings of the :n+uiry Bfficer;'ommitteeH and based on thefindings at the en+uiry, it is found that the following charge"s# levelled against you has;have been sufficiently proved;establishedH.

<.H *ot only your previous record is not good;unsatisfactoryH and there are no extenuating



A&&$>'R$3O3

#'&!SH%$&T ORD$R.R$D'CT!O& !& #A)9RA&?

8ef.*o.! Date!

*ame...........PPP

:mployee *oPPP

Designation.PPP.

ection.........PPP. Department.PPP$urther to the 'harge-sheet *o..............................dated.............issued to you andreceipt of your explanation dated.............an en+uiry was held into the charge"s# levelledagainst you.

7. 2he undersigned finds from the proceedings of the en+uiry that reasonable opportunitywas provided to you for conducting your defence at the en+uiry by cross-examining

management witnesses and producing your defence.9. 2he undersigned has carefully gone through the records of the en+uiry, the connected

papers, documents and findings of the :n+uiry Bfficer;'ommitteeH and based on the




*ame !

Designation!

Copy to

1! 'oncerned 8eporting Bfficer e is re+uested to hand over this letter to the abovenamed employee after obtaining his dated signature;lefthand thumb impression on the duplicate copy enclosed 3return the same to the undersigned for record.

7. ay 3 )ccounts ection

9. 'oncerned ersonnel Deptt.;Disciplinary 'ell

<. 'oncerned $ile




A&&$>'R$ 3#3

#'&!SH%$&T ORD$R.R$%O;A(9D!S%!SSA(

8ef.*o!Date!

*ame.............

:mployee *oP.

Designation.P..

ection.........P.

Department.P.

1. $urther to the 'harge-sheet *o.............................. dated............. issued to you andreceipt of your explanation dated............. an en+uiry was held into the charge"s#

levelled against you.

7. I find from the proceedings of the en+uiry that reasonable opportunity was provided toyou for conducting your defence at the en+uiry by way of examination of the documents;materials produced by the prosecution side and;or cross-examination of prosecutionwitnesses and production of your own documents; materials and examination of yourown witnesses including yourself.

9. I have very carefully gone through the records of the en+uiry, the connected papers,documents and findings of the :n+uiry Bfficer;'ommitteeH and fully agree with thefindings that on the evidence at the en+uiry, the following charge"s# levelled against youh h b t bli h d b d d bt



Copy to:

1. 'oncerned 8eporting Bfficer - e is re+uested to hand over this letter to the abovenamed employee after obtaining his datedsignature;left hand thumb impression on theduplicate copy enclosed 3 return the same to theundersigned for record.

7. ay 3 )ccounts ection,

<. 'oncerned ersonnel Deptt.;Disciplinary 'ell

=. 'oncerned $ile

*. 6! 2his order is not to be made by an authority lower than the appointing authority of theemployee concerned, notwithstanding the fact that the appointing authority might havesubse+uently delegated the power of appointment of employees of the category;rank towhich the employee belongs, to such lower authority.






%o ifie Dele-ation of #owers un er THDC!( CDA Rules":mployees in :xecutive; upervisory 'ategories#

)nnexure-)l.

*o.cale of ay H

3

&evel

4inor enalties$or penalties specified in

8ule 7> "a#, "b#, "c#, "d#, 3 "e#

4ajor enalties

$or penalties specified in8ule 7> "f#, 3 "g#

$or penalties specified in8ule 7> "h#, "i# 3 "j#

Disciplinary )uthority

)ppellate )uthority Disciplinary )uthority

)ppellate )uthority Disciplinary )uthority

)ppellate )uthority

1 7E=EE- 7>=EE":-A to :-@#

'4D :xecutive;)uthoritynext higher to theone which imposedthe penalty

'4D :xecutive;)uthoritynext higher to theone which imposedthe penalty

)ppointing )uthority

:xecutive;)uthority nexthigher to theone whichimposed thepenalty

7 1A=EE-7=>EE to1AEEE-7<?=E":-?) to :-?#

$unctionalDirectors

'4D $unctionalDirectors

'4D )ppointing )uthority

-do-

9 1?=EE-779EE to1@=EE-79AEE":-> to :-=#

54;:D":-A ; :-@#

$unctionalDirectors

54;:D":-A ; :-@#

$unctionalDirectors


-do-

< 1>EEE-7E@EE to@EEE-19<EE":-< to :-1#

r. 4anager":->#

D54 ; )54":-? ; :-?)#

D54;)54":-?;:-?)#

54;:D":-A ; :-@#


-do-

= :mployees inupervisory

5rades

4anager ":-=# ;ead of ection;

Division in thecale of ay not

lower than :-<

r. 4anager ; D54":-> ; :-?#

r. 4anager":->#

D54 ; )54":-? ; :-?)#


-do-

H cale of pay indicated are provisional and same shall be deemed to have been replaced on their finalisation;revision.

*ote! 1. If the disciplinary authority by virtue of subse+uent appointment or otherwise becomes )ppellate )uthority, an appealagainst his order will lie to the authority to whom he is immediately subordinate.

7. $or 5roup cases, the Disciplinary )uthority shall be as for the highest ranking officer.1. *ormally the powers of imposing penalty conferred under 'onduct, Discipline and )ppeal 8ules shall be exercised by the

Disciplinary )uthority as indicated in 'ol"<# above. If the penalty considered by the Disciplinary )uthority happens to becompulsory 8etirement, 8emoval, Dismissal, then in that case, the case will be re+uired to be put up by the Disciplinary

)uthority to the )ppointing )uthority for consideration.7. In case of introduction of election 5rade in non-undersigned upervisory category, the delegation of powers under 'D)

8ules shall be the same as applicable to :mployees in :-1 grade.

THDC !&D!A (!%!T$D



THDC !&D!A (!%!T$D

) BI*2I*5; DI 'I &I*)8K;) :&&)2: )*D 8:RI:CI*5 ) 2 B8I2K, *D:8 2)*DI*5 B8D:8

)nnexure-6

l.

*o

'ategory of:mployees


Disciplinary )uthority )ppellate )uthority

8eviewing )uthority

$or 4inorenalties

$or 4ajorenalties

under 8ule7<.7S"excludingpenalty ofDismissalunder 8ule

7<.7"c#T

$or 4ajorenalty of

Dismissalunder 8ule7<.7"'#

1. Corkmen in thegrade of C-9 3below

D54;)54 Dy.4anager 4anager D54;)54 )54;54 54;:D

7. Corkmen in thegrade of C-< to C-?

D54;)54 4anager r.4anager D54;)54 )54;54 54;:D

Corkmen in thegrade of C-@ to C-11

D54;)54 4anager 4;D54 D54;)54 )54;54 54;:D

*B2:!

i#. In the Department;Division, where the designation as shown in this scheduled do not exist, Bfficer in the same;e+uivalent scaleshall exercise the powers.

ii#. Chere Bfficers of the level indicated in this scheduled are not available, Bfficer in the higher scale"s# shall exercise the power.

Documents

Disciplinary Extra