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Waste portion starts here

DRAFT Constitution of Disciplinary Section Objective: Discipline is of paramount importance be it workplace, home or anywhere. Discipline means orderly behavior. It means voluntary and willing compliance of rules and regulations and instructions and also development of right habits of conduct in work with others at the workplace. Discipline is a must in any organisation for improving employee morale as well as to increase the productivity which is the ultimate goal of any organisation. It is the moral responsibility of the employer to not allow a minority of the employees who are indisciplined to 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 his environment. sually the causes of indiscipline are ! "a# "b# "c# "d# "e# $alse promises made by superiors% &ack of awareness of 'ompany(s rules and regulations% )bsence of any procedure to handle grievances% *o action taken when re+uired% ,ersonal frustrations and misunderstandings.

-ince any case of indiscipline is basically a behavioral problem, it is necessary that before taking any punitive action, all efforts should be made to improve the behavior of an employee by correcting him through education, counseling, persuasion and cautioning. .owever, sometimes it becomes important to take disciplinary action against errant employees in the interest of the organi/ation. -ince institution of disciplinary proceedings involves lots of knitty gritties since it0s just like +uasi judicial functions. )ny error may lead to litigation, it becomes important that the Disciplinary authority is well aware of the procedures and conse+uences before starting disciplinary proceeding or taking such action against any employee. 1eeping this in mind it has been decided to form a Disciplinary cell which will guide, advice and assist the Disciplinary )uthority in instigating disciplinary action as and when needed. Scope: 2he disciplinary cell shall act as advisor, assistant in guiding the Disciplinary authorities while instituting any disciplinary action against errant employees. 2he Disciplinary cell will not assist the D) during preliminary stage. 2he role of disciplinary cell starts only after the charge sheet is served. It will only provide advice and assistance regarding practice 3 procedures of disciplinary action, laws laid down by courts in this regard and also assisting in providing standard formats regarding preparation of -tatement of )rticle of 'harge of 4isconduct 3 -tatement of Imputation in support of the )rticles of 'harge of 4isconduct. It shall also assist and guide in appeals arising out orders of D) "Disciplinary authority# wherever )54, 54 , Directors and '4D are competent )uthroity .

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 2echnical -ections not below the rank of -enior 4anager. Contract of Appoint"ent: 6asically the appointment letter issued to an employee governs his employment with the organi/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 conditions stipulated in the offer of appointment given to the concerned employee, over and above which only 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) as mentioned in certified standing orders and 'D) rules will instigate the process as the case may be. .e may seek the help of Disciplinary cell in the process. 2he copy of the case file will be maintained at disciplinary cell at corporate. )ny action arising out of vigilance en+uiry shall invariably be sent to disciplinary cell for record keeping. 2he disciplinary cell shall maintain the case file which shall contain the complete history of any vigilance en+uiry being undertaken pending or any disciplinary action taken against the employee.

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

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'omplaint is the starting point of any disciplinary action. $or taking disciplinary action against any employee for having committed an act of misconduct, the management should invariably get a specific written complaint. 'omplaint is nothing but a clear, se+uential narration of the facts of incidence of indiscipline by the complainant, in the shape of a report to his superior. -ince any disciplinary action may go hay-way if the complaint is not proper, every complainant should bear in mind the following! "a# "b# "c# "d# Don(t rely on memory. 8educe to writing whatever has happened immediately. -ubmit your complaint in the shape of report of misconduct without any delay to superiors. )void dictating the complaint to somebody else. )void type-writing the complaint, if possible. It is advisable to send it in hand-writing.

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"e# "f# 1.9

Don(t add your impressions or guesses but narrate the actual facts. 2ake written statements of all whoever has any facts relating to the complaint or witnessed the incident.

2he 8eport of misconduct should invariably give the following details ! "a# "b# "c# "d# "e# "f# "g# "h# "i# "j# $ull name of the person who committed the act of misconduct% Designation% :mployee *o.% -ection;Deptt.;Division% -hift or 8elay in which the employee was working% Date and time of incident% ,lace of occurence% Details of misconduct% *ame of witnesses, if any% 8ecored statements, if any%

-2)5:-11

If the charge(s) are proved, check the past record and if any conciliation or adjudication proceedings are going on, check Industrial Disputes Act provision, check whether protected Final Show-cause notice efore punish!ent if provided under rules

-2)5:-17

-2)5:-19

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

-2)5:-1<

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

,unishments Brder
-2)5:-1=

-2)5:-1>

)ppeal by the accused employee

-2)5:-1?

#eply to appeal after review and final punish!ent order

-2)5:-1@

Implementation of punishment order and closing the file

$ontest the case if referred to conciliation%adjudication

-2)5:-1A

#R$(!%!&AR) $&*'!R)
1.<

1.=

)s soon as a complaint is received, we should see whether it is worth dealing within an elaborate manner by charge-sheeting the employee and conducting a domestic en+uiry or not. 2his is determined by the gravity of the misconduct committed by the employee. Chen an act of misconduct has been committed and the disciplinary authority receives a complaint, he should conduct a preliminary en+uiry either himself or get it done by another Bfficer "Bfficer other than the one who has made the . complaint or who is a witness to the incident#. ,reliminary en+uiry is done with a view to decide whether there is ade+uate material for proceeding with a domestic en+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, preliminary en+uiry is not essential. If the matter is obvious enough, the domestic en+uiry can start with the issue of charge- sheet. 2he following are the differences between domestic en+uiry and preliminary en+uiry. "a# "b# ,reliminary en+uiry is not an essential step while domestic en+uiry is a must for taking disciplinary action. Domestic en+uiry aims at determining whether charges are established or not while preliminary en+uiry is conducted for finding out whether a prima-facie case has been made out. 'onclusions of preliminary en+uiry lead to framing of charge-sheet while the report of domestic en+uiry forms the basis for awarding punishment. ,reliminary en+uiry is not subject to any rules while conduct of domestic en+uiry is subject to principles of natural justice.

"c#

"d#

#R!&C!#($S OF &AT'RA( +'ST!C$ 1.>

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2he procedure for taking disciplinary action against any delin+uent employee must be based on principles of Dnatural justiceD - which again are in conformity with the principles of a Celfare -tate. 2o hold an en+uiry in conformity with the principles of natural justice, the following conditions are to be met! "a# "b# "c# "d# "e# the employee proceeded against has been informed clearly of the charges levelled against him% the witnesses are examined ordinarily in the presence of the employee in respect of the charges% the employee is given a fair opportunity to cross- examine the witnesses% the employee is given a fair opportunity to examine his own witnesses, including himself in his defense if he so wishes% the en+uiry officer records his findings with reasons for the same in his report.

CHAR,$ SH$$T 1.@ If on the basis of preliminary en+uiry or otherwise, the disciplinary authority is satisfied that a prima- 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. 'harge-sheet is a memorandum of charges or allegations levelled against the employee which are acts of misconduct as per the -tanding Brders or the 'onduct, Discipline and )ppeal 8ules, as the case may be. 'heck-&ist for preparation of 'harge--heet! Chile framing a 'harge-sheet, the following items may be kept in mind so that nothing relevant would be missing from the 'harge-sheet! a. Date of 'harge-sheet b. 'orrect *ame and :mployee *o. of d el in +u e nt employee c. -pecify date of incident d. Description of incident e. 8eproduce the language in verbatim if there% are words of abuses, defamation or threat f. 5ive reference of relevant rules such as -tanding Brders or 'onduct, Discipline and )ppeal 8ules, as the case may be g. -pecify wi t hin how much time and to whom the r epl y 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 j. Decide whom to send the copies of 'harge-sheet.

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,ui elines for preparin- Char-e.sheet:

"a#

2he 'harge-sheet should be specific and must spell out all the relevant particulars of the misconduct. )s far as possible, it should be precisely mentioned in the 'harge-sheets to under which rule or clause, the charges constitute acts of misconduct so as to enable the employee as to which rules are applicable to him in this context. 2he 'harge-sheet must be signed by the competent authority so as to avoid facing a situation where the 'harge-sheet is made invalid because it is signed by incompetent authority. "8efer to schedule of 'onduct, Discipline and )ppeal 8ules or Delegation of ,owers as the case may be#. )void loose usage of words such as (.abitual( and (Cillful( in the 'harge-sheet. Do not use such +ualifying words unless the charges are really so. If the charge is of abusing or threatening, reproduce the exact words used, in the 'harge- sheet.

"b#

"c#

"d# "e#

"f# "g# 7.1

)void using abbreviations such as DetcD and also phrases such as Dsuch other thingsD. If the previous record of the employee is referred to, t h en sufficient particulars of the previous record should be given in the 'harge-sheet.

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 )ppeal 8ules, as the case may be, but not less than <@ hours from the receipt of the 'hargesheet by the employee should be allowed for submission of his reply. If the 'hargesheeted employee re+uests for extension of time, such re+uest"s# may be considered on its own merits. Who si-ns the Char-e.sheet nless it is delegated otherwise, Disciplinary )uthority is the 'ompetent )uthority to sign 'harge- sheet. "-ee )nnexure () 3 6 as the case may be(#. $rom the )nnexure, it may be seen that for major penalties, the Disciplinary )uthorities are different from those for minor penalties. )t the stage of issuing the 'harge-sheet it may 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 for very simple cases where beyond doubt the offence may lead to imposition of only a minor penalty, it will be desirable to have the 'harge-sheet issued under the signature of Disciplinary )uthorities empowered to impose major penalty.

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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 that the 'harge-sheet is served on the delin+uent employee. 2he 'harge-sheet may be handed over to the employee and his signature or thumbimpression of his having received the same obtained on the office copy. In case he refused to accept the 'harge-sheet, an endorsement to the effect should be made on the office copy in the presence of at least two witnesses whose signatures should be obtained. In case the concerned employee receives the 'harge-sheet but refuses to sign or give his thumb-impression on the office copy, an endorsement to the effect should be made on the office copy and signatures of at least two witnesses may be taken. If the employee concerned asks for the 'harge- sheet being made out in the language which he knows, the same should be done. If the employee either refuses to accept or give acknowledgement of the 'harge-sheet or is not present within the Brganisation due to suspension or any other reason, the 'hargesheet should be sent to his last known and recorded address "both local as well as permanent# by 8egistered ,ost with acknowledgement due. If the employee concerned refuses to accept the registered letter carrying the 'hargesheet and there is an endorsement by the ,ostal )uthorities to that effect on the envelope, the same may be treated as ade+uate service. 2he returned postal envelope in that case should be retained, without opening, in record.

In case of absence or refusal of the employee to take the 'harge-sheet or refusal to give acknowledgement of its receipt, a copy of the same should also be displayed on *otice 6oard. If all efforts to serve the 'harge-sheet on the employee fail, the 'harge- sheet may 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 )nnexure may be followed.

S'S#$&S!O& 7.=

What is Suspension : -uspension from duty means keeping an employee away from work-place temporarily for reasons of discipline. -uspension does not mean removal from service. If a person is suspended, he continues to be in service, but is in a stage, as it were, of suspended animation.

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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 the men 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 issue of suspension order . "b# Suspension #en in- Court3s Or er :

2he disciplinary authority has a right to keep an employee under suspension, if he is accused in a court of law of any criminal offence, until the disposal of the trial. "c# Suspension as #unish"ent :

:ven though an employee is not suspended pending en+uiry, if it is decided to punish him by way of suspension for the acts of misconduct committed by him, the disciplinary authority may do so after the conclusion of en+uiry in which case the suspended employee will not be entitled to any payment for the period of suspension since it is a punishment imposed on him.

Status of Suspen e $"ployee:

"a#

During the period of suspension, the suspended employee shall not enter the work-premises without the permission of the disciplinary authority or any other authority competent to do so. 2he suspended employee shall not leave the station without the written permission of the competent authority. 2he employee suspended pending en+uiry shall be paid subsistence allowance as admissible to him under 'D) 8ules or -tanding Brders, as the case may be, which will increase; decrease depending upon the merits of the case if the period of suspension gets prolonged. *o leave shall be granted to a suspended employee during the period of suspension. 2he suspended employee will not be paid subsistence allowance if he is engaged in any other employment, business, profession or vocation. If it is decided after the conclusion of en+uiry not to remove the suspended employee from service, he will be simply allotted the job treating the period of suspension as on duty or leave as decided by the disciplinary authority.

"b# "c#

"d#

"e# "f#

"g# 7.?

If an employee suspended pending en+uiry submits resignation, it is normally not accepted unless it is in the company(s interest. Subsistence Allowance: -ubsistence allowance is the payment made to an employee who is kept under suspension pending en+uiry; court(s order only, as under ! :mployees governed by '.D.) 8ules :mployee governed by -tanding Brders

a. -ubsistence )llowance is payable at the rate -ubsistence )llowance is payable at the rate of of =EF of his basic pay. In addition half his basic wage G Dearness )llowance for the Dearness )llowance as admissible on such period of his suspension. subsistence allowance and any other 'ompensatory )llowance of which he was in receipt on the date of suspension, are also admissible.

b. If the period of suspension exceeds six months!

If the period of suspension exceeds three months!

c. Due to reasons not directly attributable to the employee, subsistence allowance is payable at the rate of ?=F of his basic pay and allowances thereon.

Due to reasons attributable to the employer, subsistence allowance is payable at the rate of 9;<th of his basic wages G Dearness )llowance.

d. Due to reasons directly attributable to the employee, subsistence allowance is payable at the rate of 7=F of his basic pay and allowances thereon.

Due to reasons attributable to the employee, subsistence allowance is payable at the rate of 1;<th of his basic wages G Dearness )llowance.

2he payment of above subsistence allowance will be subject to a written declaration by the 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 in the order of suspension issued to him. "d# If the suspended employee is found guilty of the misconduct alleged against him or some other mis-conduct brought out in the course of the en+uiry and punishment is awarded, he shall not be entitled to any remuneration for the period of suspension pending en+uiry other than the subsistence allowance already paid to him, if he is governed by the -tanding Brders. 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 authority may prescribe. If the suspended employee is found not guilty of the misconduct, he shall be paid the difference between the subsistence allowance already paid and the emoluments consisting of pay and allowances which he would have received if he had not been suspended. DO%$ST!C $&*'!R)
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If the explanation submitted by the delin+uent employee in reply to the 'harge-sheet is not found satisfactory, the Disciplinary )uthority may institute domestic en+uiry by appointing an :n+uiry Bfficer "or :n+uiry 'ommittee consisting of more than one person# and the ,resenting Bfficer and inform the 'harge-sheeted workman about the same. 2he :n+uiry Bfficer would send a *otice of :n+uiry giving him sufficient time to attend the en+uiry. 8ole of ,articipants in Domestic :n+uiry! 2he persons concerned with domestic en+uiry and who participate in any domestic en+uiry are! "a# $n2uiry Officer: 2he :n+uiry Bfficer is the officer appointed by the disciplinary authority to conduct an en+uiry into the allegations levelled / against the 'hargesheeted employee. 2he :n+uiry Bfficer(s job is to listen and record the statements of both the parties i.e., the accused employee and the management

7.A

representative% allow both the parties to submit to him the relevant documents in support of their contentions% allow both the parties to examine their witnesses as well as cross-examine the other(s witnesses% allow both the parties to submit arguments and counter arguments in respect of the charges and evidence adduced in the en+uiry% and finally submit his en+uiry( report to the disciplinary authority. "b# #resentin- Officer! ,resenting Bfficer is the officer appointed to present the case of the management before the :n+uiry Bfficer relating to the charges levelled against the accused employee. 2he ,resenting Bfficer will produce in the en+uiry, all the relevant documents relating to charges levelled against the employee and also examine the witnesses of the 'ompany as well as crossexamine the witnesses of the 'harge-sheeted employee. In other words, he plays the role of the ,rosecutor. In cases where felt appropriate complainant may be also appointed as ,resenting Bfficer. Char-e.sheete $"ployee: It is necessary that the en+uiry should be held in the presence of the accused. If, however, the employee failed to report for the en+uiry at the appointed place, date 3 time, the :n+uiry Bfficer may proceed with the en+uiry ex-parte provided the 'harge-sheet or the en+uiry notice included a provision to that effect. Defence )ssistance of the )ccused :mployee! If the accused employee wishes another employee of his choice to assist him at the en+uiry in the conduct of his Defence, it should be allowed, if a re+uest is made for a non-employee union office-bearer, he may be allowed if there is a provision to that effect under the -tanding Brders or 'onduct, Discipline and )ppeal 8ules.

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(e)

!nterpreter: 2he presence of an interpreter, from amongst the employees, 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 the en+uiry to give their statements in support of the charges levelled against the 'hargesheeted employee. "g# 9.E 'harge-sheeted :mployee(s Citnesses! 2hese are the persons who appear in the en+uiry to give their statements in defence of the 'harge-sheeted employee. Who shoul be $n2uiry Officer: If a person is the witness in the case, he should not be :n+uiry Bfficer. :n+uiry Bfficer should not be appointed by an Bfficer who is a witness in the case. :n+uiry Bfficer can be any officer of the 'ompany. In exceptional cases if it is felt desirable an outsider H can also be the :n+uiry Bfficer in which case approval of the 54 should be taken. "-ubject to the provisions of -tanding Brders#. "d# ) person to be :n+uiry Bfficer must be a responsible Bfficer commanding respect from the employee. In short, he should not be a judge in his own case. "e# ) person to be :n+uiry Bfficer should be open minded and unbiased.

"a#

(b) (c)

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Docu"ents to be forwar e to $n2uiry Officer: 2he disciplinary authority shall forward to the :n+uiry Bfficer "a# "b# "c#
H"d#

) copy of the 'harge-sheet% ) copy of the reply if submitted by the 'harge-sheeted employee% &ist of witnesses, if available%H &ist of documents to be produced in en+uiry, if available 'opy of order appointing the ,resenting Bfficer.

"e#

"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 and explained to the charge-sheeted employee and he should be asked whether he pleads guilty to the charges or not. If the employee admits his guilt it will be open to the :n+uiry officer to examine the employee himself even in the first instance, so as 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 the offense. If after the examination of the employee, the ,resenting officer chooses to examine any witness, the employee must be given a reasonable opportunity to cross-examine those witnesses and also to adduce any other evidence that he may choose including his own further statement. If, on the other hand, the employee denies the charge, the burden of proving the truth of the charge and the allegations wi l l be on the management and the witnesses for establishing the same should be examined first. )t the conclusion of the statement given by each witness in support of the charges, the same should be read over and explained to the charge-sheeted employee in the language understood by him and he must be given a chance to cross-examine the witness. )n endorsement to this effect should be made at the bottom of the statement. 2he :n+uiry Bfficer may, as well, put certain +uestions to the witness to elicit certain details;clarification from him but the :n+uiry Bfficer should not cross-examine the witnesses by putting leading +uestions or making suggestions. If the :n+uiry Bfficer puts certain +uestions to the witnesses after the cross-examination of the said witnesses by the employee is over, the latter may again be given a chance to cross-examine on t he basis of the supplementary statement given by the witness. -imilar facility may be as well be afforded to the ,resenting Bfficer, after the :n+uiry Bfficer asks some +uestions to a defence witness. )fter the examination and cross-examination of all the witnesses in support of the charge is completed, the charge-sheeted employee should be asked to adduce his defence. .e may offer himself to be examined as a witness and also produce witnesses in his defence. 2he charge-sheeted employee may, if he so likes, submit his defence statement in writing, which should be accepted by the :n+uiry Bfficer as p a r t of the proceedings. 2he burden of bringing the defence witnesses before the :n+uiry Bfficer is on the charge-sheeted employee. 6ut if the charge-sheeted

"b#

"c#

employee re+uests for time to adduce his defence such re+uest should duly and liberally be considered by the :n+uiry Bfficer. If the employee refuses to examine any witness the same should be recorded by the :n+uiry Bfficer. )fter the examination of the defence witness is over, the employee should be asked whether he desires to make any further statement. )ny statement which he may make should be taken down and +uestions may be put to him and asking him to clarify any particular point or circumstance. It is advisable for the :n+uiry Bfficer to put the following +uestion to the charge sheeted employee before concluding the en+uiry-D.ave you anything further to stateDI-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 and subse+uent examination;cross-examination should be recorded. 2he statement should be recorded in a narrative form. .owever, on crucial and vital points the actual +uestion put and answer given may, if necessary, be recorded. 6ut as far as practicable +uestion-answer form of recording should be avoided. 9.7 (ea in- *uestions: &eading +uestions i.e. +uestions suggesting the desired answer and suggestions positive or negative, should be disallowed except in cross-examination. -ome examples of leading +uestions are given below! J is charge-sheeted for assaulting K in the latter(s office at 1E.9E a.m on 1.1.1AAA. 2he ,resenting Bfficer puts the following +uestion to the witness for the charge. Did not 4r. J enter the office of K at 1E.9E a.m. on 1.1.1AAA and slap K on his face I In another case J is charge-sheeted for theft of 'ompany(s property. 2he ,resenting Bfficer puts the following +uestion to the witness for the charge. DCas not J going out through the gate with a red packet concealed in his umbrella I )ll documents and records relied upon by the ,resenting Bfficer and produced at the en+uiry for establishing the charge should be produced in the presence of the charge-sheeted employee and he should be explained the contents thereof relevant for the purpose.

1 L. 7. L 9.9

2he charge-sheeted employee and or his co- employee should be allowed to inspect all such documents and records produced as evidence during the en+uiry and his signature obtained on the documents and records which will show that he had inspected the same. -uch documents and records should be marked as exhibits for the charge. -imilarly, documents and records produced by the charge sheeted employee in his defence should also be marked as exhibits in defence. 9.<

If the charge-sheeted employee declines to cross-examine any witness examined in

support of the charge, the fact of his having declined to do so should be recorded and the signature of the charge sheeted employee and his co-employee obtained thereon. 2he statements at each page should be signed by the witness, the :n+uiry Bfficer the charge sheeted employee and the co-employee. If the charge-sheeted employee does not know the language in which the statement is recorded, the :n+uiry Bfficer should read it over and explain the statement in the language understood by him;them and, if necessary, may take the help of an interpreter. 2he :n+uiry Bfficer then should record at the conclusion of the statement of each witness to the effect that the statement was recorded in presence of the employee and was explained to the witness and the employee in the language understood by them as the case may be and then ask the witness

to put his signature at the end and on each page and so also the employee be asked to sign 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 Bfficer and 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- sheeted employee does not turn up and seeks a postponement on genuine grounds, the same may be granted. If the charge-sheeted employee makes further attempts for adjournment and the :n+uiry Bfficer is convinced that it is being done with a view to deliberately delay the proceedings, the :n+uiry Bfficer may proceed with the en+uiry ex-parte. :very adjourned proceedings of the ex-parte en+uiry should be duly notified to the chargesheeted 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 an ex-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 adduce ade+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 any

en+uiry, ceases to function as :n+uiry Bfficer for any reason and a new Bfficer is appointed as :n+uiry Bfficer for conducting the en+uiry, the new en+uiry officer may proceed with the en+uiry from the stage left over by the predecessor and act on the evidence already recorded by his predecessor. 9.> +oint $n2uiry: Chere two or more persons are chargesheeted in connection with the same incident or transaction, the authority competent to take disciplinary action for all of them may direct a joint en+uiry to be held against them. If the authorities competent to impose the penalty are different, an order for joint proceedings may be made by the highest of such authorities. 9.? De.&ovo $n2uiry: If the 'harge-sheeted employee makes a re+uest for re-conducting the en+uiry or the Disciplinary )uthority feels on the merits of the case that the en+uiry has to be re-opened and conducted again in the interests of justice, the en+uiry may be re-opened and conducted again as per the orders of the Disciplinary )uthority. 2his is called De-*ovo:n+uiry. 6THDC CDA Rules oes not spea7 of De.&ovo en2uiry however8 9.@ $5a"ination.in.Chief Cross.e5a"ination9Re.e5a"ination: :xamination of a witness by the party who calls him is called as examination-in-chief. 2he witness here may give his statement by himself or reply to the +uestions put by the party who has called him. 2he +uestions cannot be leading +uestions. 2he examination-in-chief of a witness is followed by cross-examination, by the opposite party. If after the cross examination, the party who has called the witness desires to clarify points raised in crossexamination, he may put the witness to further examination which is called reexamination. )fter such re-examination, the witness should be allowed to be further cross examined. 9.A Report of the $n2uiry Officer:

)fter the conclusion of the recording of evidence, the :n+uiry Bfficer should prepare and submit his report. 2he :n+uiry Bfficer should record clearly and precisely his findings and indicate the reasons for arriving at such findings in respect of each charge. 2he findings must be based on the evidence on record. .e should not import his personal knowledge or any material which is not on record. 2he oral evidence and the documents and record marked as exhibits at he en+uiry should alone form the basis for arriving at the findings in respect 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 the same. :ven in a case where the :n+uiry Bfficer himself is the ultimate disciplinary authority, he must state his reasons for finding the employee concerned guilty or otherwise of the charges levelled against him. 2he :n+uiry Bfficer should clearly bear in mind that his task is to hold an en+uiry into the charges and to record, in respect of each charge, whether it is established or not. .e should not recommend any punishment to be imposed on the charge-sheeted employee. $acts or documents which have been adduced or produced as evidence before the committee in the presence of the charge-sheeted employee only, should be taken into consideration while recording the findings unless the proceedings are ex-parte. i# )fter conclusion of the en+uiry, a report shall be prepared by the :n+uiry Bfficer and it shall contain! "a# the articles of charges and the statement of the allegations of misconduct or misbehavior% the defence of the employee in respect of each article of charge% an assessment of the evidence in respect of each article of charge% the findings on each article of charge and the reasons therefor.

"b# "c# "d# ii#

2he :n+uiry Bfficer where he is not himself the disciplinary authority, shall forward to the disciplinary authority the records of en+uiry which shall include! "a# "b# "c# "d# the report prepared by it under clause "i# above% the written statement of defence submitted by the employee% the oral and documentary evidence produced in the course of the en+uiry% the orders, if any, made by the disciplinary authority and the en+uiry authority in regard to the en+uiry.

iii# <.E

2he disciplinary authority shall consider the records of the en+uiry, record his conclusions on each charge and pass appropriate orders.

Supplyin- Copy of the #rocee in-s to the $"ployee : In case during the proceedings of the en+uiry, the 'harge-sheeted employee asks for copies of statement for the purpose of cross-examination he should be supplied with the same provided that he is unable to read and understand the deposition.

Or er by the Disciplinary Authority:

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 into consideration the gravity of the misconduct and the past records of the 'harge-sheeted employee and any other extenuating and;or aggravating circumstances that may exist. If he agrees with the findings, he should take a decision regarding the penalty to be imposed. If, on the other hand, he does not agree with the findings he should record the reasons 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 cause against the findings of guilt and take into consideration the causes, if any, shown before awarding any penalty. 2he +uantum of penalty imposed on the 'harge-sheeted employee should not be disproportionate to the seriousness of the misconduct established, and should be one which any other reasonable employer, under similar circumstances would have awarded.
<.1

Chec7 (ist for Disciplinary Authority: 2he disciplinary authority before passing final orders should check up if the following aspects have been taken care of!

(a)
"b# "c#

Chether definite and specific charges were framed% Chether the 'harge-sheet was properly served! Chether the 'harge-sheeted employee was given sufficient time to submit his explanation, as re+uired under the rules. Chether the explanation, if any, submitted was duly considered% Chether the person charged was allowed to cross examine the witness produced in support of charges, to give evidence in person and to call witness on his behalf% Chether the findings are based on evidence on record, and whether the penalty is proportionate to the gravity of the offence established. 2he disciplinary authority should also look into the past records of the employee an extenuating and aggravating circumstance, if any, while deciding the penalty to be imposed. 2he disciplinary authority should also see if permission or approval is to be taken from the appropriate authority under Industrial Disputes )ct because some dispute is pending with conciliation etc or the employee is a ,rotected Corkman. 2he disciplinary authority should also check-up if a final show-cause notice is to be given to the charge- sheeted employee before passing the punishment order.

"d# "e# "f#

(g)

"h#

Co""unication of Or er to the Char-e.sheete $"ployee: )fter the disciplinary authority decides to impose a major penalty it should be communicated to the employee as early as possible in the specimen form as in )nnexures. 2he orders should be unambiguous and must related to the charge. It should be signed by the authority competent to sign the order and in no case by any subordinate officers as Dfor and on behalf ofD the disciplinary authority.

<.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 an employee, who is on deputation to the 'ompany from the 'entral or a -tate 5overnment, or another public undertaking, or a local authority, the authority lending his services "hereinafter referred to as the Dlending authorityD# 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.

<.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 be imposed on him, it may pass such orders on the case as it deems necessary after consultation 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 the employee 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 be imposed on him, it should place his services at the disposal of the &ending )uthority and transmit 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 if there is a difference of opinion between the )ppellate )uthority and the &ending )uthority, the services of the employee shall be placed at the disposal of the &ending )uthority and the proceedings of the case shall be transmitted to that authority for such action as it deems necessary.

#$&A(T!$S <.=

Bn the basis of the conclusions arrived at in the domestic en+uiry, if it is found that the charges levelled against the employee are not proved, he may be exonerated and a letter to that effect may be issued. If one of the charges or all the charges are proved, then the appropriate penalty may be imposed on the employee by referring to the penalties provided under the 8ules.

Action not consi ere :#enalty:: 2he following shall not amount to a penalty! i# ii# iii# Issue of warning% Cithholding of increment of an employee on account of his work being found unsatisfactory or failure to pass a prescribed test or examination% -toppage of an employee at the efficiency bar;test in a time-scale on the ground of his unfitness to cross the efficiency bar;test. *on-promotion, whether in an officiating capacity or otherwise, of an employee to a higher post for which he may be eligible, but for which he is found unsuitable% 8eversion to a lower class, grade or post of an employee officiating in a higher class, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher class, grade or post, or on administrative grounds unconnected with his conduct%

iv# v#

vi#

8eversion to the previous class, grade or post of an employee, appointed on probation or another class, grade or post, during or at the end of the period of probation, in accordance with the terms of the appointment or probation% 2ermination of service% Bf an employee appointed on probation during or at the end of the period of probation, in accordance w i t h the, terms of his appointment Bf an employee appointed in a temporary capacity otherwise than under a contract or agreement, on the expiry of the period for which he was appointed 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.

vii#

<.>

#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. 2he management has the discretion to decide the appropriate penalty for a particular misconduct, subject to the obvious +ualification that the penalty should not be unduly excessive. 2he penalty must be imposed for good a n d 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 in awarding 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 the status or future increment of the employee. It merely amounts to a displeasure by the management that such an act of the employee is not looked in with favour by the management and is just to inspire awe in the mind of the employee to be a bit more vigilant, careful and responsible and make it clear to him that if he persists in that action it is likely to bring him into trouble. Carning letter may be issued

<.@

Censure: 'ensure is a minor penalty that can be imposed as a formal punishment. 2he conditions for imposing this penalty are ! i# ii# iii# that the employee has been held guilty of some blame-worthy act or omission%. that it is imposed for good and sufficient reason% that his explanation is received in writing and is found unsatisfactory, or his explanation has not been received.

) 'ensure should be recorded in the service document of the employee. &etter awarding the punishment of 'ensure may be issued. <.A Suspension:

-uspension may be ordered as a punishment. It is different from suspension pending en+uiry. -uspension as a penalty can be inflicted on an employee after the completion of the 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 of the efficiency bar or test, if any, prescribed. Cithholding of increment of an employee either on account of his work b e i n g found unsatisfactory or for failure to pass the prescribed test;examination is different from withholding of increment as a penalty. Chile the former is only an administrative action taken by the management against an employee for his 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 higher position 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 administrative grounds. Chen an employee is reverted from a higher post in which he does not hold a lien, it cannot be considered either a punishment or forfeiture of emoluments. Chile ordering the punishment of reduction to a lower grade or post the disciplinary authority shall state the period for which it shall be effective and whether on restoration the period 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 a lower stage in a time-scale should indicate! i# ii# the stage in the time scale "in terms of rupees# to which the employee is reduced% and 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 be awarded are almost the same as those for which the penalty of removal or dismissal can be 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 these words mean the termination of an employee(s service. .owever, there is a slight distinction between the two in the sense that the removal from service does not dis+ualify an employee from re-employment in the 'ompany whereas dismissal from service does dis+ualify him from such re-employment% and thus, dismissal is the severest of all the penalties. 8emoval or dismissal is due to gross misconduct on the part of an employee and is resorted to generally for! a# b# -uch conduct on the part of the employee as may be deemed to be inconsistent or incompatible for discharge of his duties% and -uch immorality on his part as may bring the employer in disrepute.

*o order of removal or dismissal from service shall be made by an authority lower than the appointing authority of the employee concerned, notwithstanding the fact that the appointing authority might have subse+uently delegated the power of appointment of employees of the category;rank to which the employee belongs to such lower authority. *ames of the dismissed employees shall be communicated to the different units;offices in order to prevent their re-employment in the 'ompany.

A##$A( A&D R$;!$W =.9 )n employee on whom any of the penalties is imposed shall have the right of appeal to the authority notified in this behalf. 2he appeal shall be submitted within 9E days of the receipt

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 authority whose order is appealed against. 2he latter authority shall forward the appeal together with its comments and the records of the case to the appellate authority within 1= days. 2he appellate authority shall consider whether the findings are justified or whether the penalty is excessive or inade+uate and pass appropriate orders within three months of the date of appeal. 2he appellate authority may pass order confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authority which imposed the penalty or to any other 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 impose is a major penalty and an en+uiry as provided under rules has not already been held in the case, the appellate authority shall direct that such an en+uiry be held in accordance with the provisions of the rules and thereafter consider the record of the en+uiry and pass such orders as it may deem proper. If the appellate authority decides to enhance the punishment but an en+uiry has already been held as provided in rules, the appellate authority shall give a show cause notice to the employee as to why the enhanced penalty should not be imposed upon him. 2he appellate authority shall pass final order after taking into account the representation, if any, submitted by the employee. Review: $or employees governed by the -tanding Brders, an authority higher than the appellate authority may review the case after appeal at any time either on its own motion or on the application of the employee concerned. $or employees governed by 'onduct, Discipline 3 )ppeal 8ules, the reviewing authority may call for the record of the case within > months of the date of the final order and after reviewing the case pass such orders thereon as it may deem fit. ,rovided t h a t if the reviewing authority proposes to impose any enhanced penalty, in the nature of a major penalty, the reviewing authority shall deal with the case in the same manner as indicated in the proviso to para =.>.

=.>

=.?

=.@ =.A

=.1E

(!ST OF A&&$>'R$S 1. 7. 9. )nnexure-()0 )nnexure-(6( )nnexure-('( )cts of 4isconduct as per 4odel -tanding Brders )cts of 4isconduct as per 'onduct, Discipline & )ppeal 8ules 8eport of 4isconduct

<. =. >. ?. @. A. 1E. 11. 17. 1<. 1=. 1>. 1?. *.6.!

)nnexure-(D( )nnexure-(:0 )nnexure-($( )nnexure-(5( )nnexure-(.( )nnexure-(I( )nnexure-(M( )nnexure-(1( )nnexure-(&( )nnexure-(4( )nnexure-(*( )nnexure-(B( )nnexure-(,(

'harge-sheet Brder of suspension pending en+uiry Brder of suspension pending 'ourt(s Brder Brder appointing the :n+uiry Bfficer; 'ommittee Brder appointing the ,resenting Bfficer *otice of en+uiry :xoneration letter Carning letter ,unishment Brder - 'ensure ,unishment Brder - -uspension ,unishment Brder - Cithholding -toppage of increment ,unishment Brder ,unishment Brder - 8eduction in rank;pay ,unishment Brder - 8emoval Dismissal

2he proforma given in these )nnexures may be suitably modified, wherever necessary, 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 and omissions 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 combination with others of any lawful and reasonable orders of a superior or refusal to accept any communication served by the 4anagement. 79.7 *on-observance of safety precautions or the rules on the subject or failure to use safety 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 information and;or facts etc., regarding his name, age, father0s name, +ualification, previous service, conduct or any other matter germane to the employment etc., by an employee in his application for employment or at the time of interview in support of his candidature for a post or at any time thereafter during the course of his employment with 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 habitual absence from duty without leave or without sufficient cause. 79.= .abitual negligence or neglect of duty, malingering or deliberate slowing down of work or interfering with the work of other workmen sleeping or lying down while on duty or inciting others to slow down work. 79.> )cting in any manner prejudicial;detrimental to the interests of the 'ompany. 79.? )ll actions and omissions calculated to injure the reputation of the 'ompany or bring disrespect or disrepute to the top management. 79.@ &eaving station without permission of the 4anagement except in emergent cases. 79.A -eeking grant of leave under false pretext. 79.1E)pproaching higher authorities through other people for personal promotion or any other personal favour or gain. 79.11 Bffering, soliciting or accepting bribes or an illegal gratification or indulging in other disruptive or corrupt practices. 79.17 5ambling, drunkenness, intoxication, fighting, riotous, disorderly or indecent behaviour or any act subversive of discipline and good behaviour whether committed inside or outside the work premises or public places including ,roject township and whether within or outside duty hours0

79.19 -moking in prohibited areas. 79.1< -abotage or willful damage to or loss of, 'ompany0s goods or property or interference with any safety devices installed in or about the works premises. 79.1= Demonstrating, picketing, agitating, detaining or gheraoing any officer or supervisory staff whether inside or outside the 'ompany0s premises. 79.1> 8efusal to be searched by the -ecurity ,ersonnel or by a person authori/ed by the competent 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 to any unauthori/ed person of information relating to the 'ompany0s operations and business. 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 or commodity. 79.7E -preading false rumours or giving false information which tends to bring into disrepute the '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 previous written permission of the management. 79.79 -triking work or inciting others to strike work in contravention of the provisions of any law, rule, agreement, settlement or award or decision made from time to time, for the time being in force. 79.7< )cceptance of gifts from subordinate employees. &ending or borrowing money to or from subordinate employees. 79.7= .abitual indebtedness or insolvency. 79.7> nauthori/ed use of 'ompany0s +uarters or land including sub-letting for rent or otherwise or addition or alteration of 'ompany0s +uarter. 79.7? 'onviction in any court of law for any criminal offence involving moral turpitude. 79.7@ .abitual breach of any law applicable to the Corks;Bffice;,roject ;:stablishment. 79.7A 6reach of any of the -tanding Brders or any rules or instructions for the maintenance and working of any department, plant or section or for the maintenance of cleanliness. $re+uent repetition of any act of omission for which a fine or censure may be imposed.

79.9E 'ollection or canvassing for collecting of any money by the employees within the Corks;:stablishment premises without the written permission of the 4anagement,

distributing or exhibiting any newspapers, pamphlets, hand-bills, posters or the like without the previous written sanction of the 4anagement. 79.91 *ot starting work by starting time of duty hours or leaving work before working hours are over or refusal on the part of a workman to work on a job or a machine which does not call for any special skill or previous experience and can be done by the workman without 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 committing serious mistakes or errors in the maintenance of records or giving incorrect information for preparing them, or giving wrong testimony when accidents or other matters such as misconduct etc., are being investigated. 79.9= 8efusal to accept order of transfer from one office; department ;section;branch or shift to 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 the establishment 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 spouse living without prior permission of the management. 79.9@ Disclosure regarding trade secrets and taking photographs of the project and machinery where it is prohibited. 79.9A )betment of or attempt to commit, or commission of any act of indiscipline or any act subversive of discipline or habitual negligence. 79.<E Disclosing to any unauthori/ed person;persons including fellow workers any information regarding the working of any process used in any of the manufacture or construction undertaken by the management which comes into his possession during the course of his work or otherwise. 79.<1 ,ossession of pecuniary resource or property disproportionate to the known sources of income by the workman or on his behalf by another person, which the workman cannot satisfactorily account for. 79.<7 2heft, fraud or dishonesty or deception or corrupt practices in connection with the business or property or work of the 'ompany or of property of another person within the 'ompany0s premises, or estate or work premises or misappropriating the 'ompany0s funds temporarily or otherwise. 79.<9 Disregard of sanitary instructions within the 'ompany0s premises or establishment or work premises either by committing any nuisance or by unauthorisedly keeping milch and other cattle or in any other manner, whatsoever. 79.<< 'ollecting signature on collective representation during working hour and;or within the 'ompany0s premises. 79.<= Criting any letter or application to 'ompany0s officials containing disrespectful or improper language.

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, any political party or any organi/ation which takes part in, subscribe in aid of , or assist in other manner , any political movement or activity. b# If any +uestion arises whether any movement or activity falls within the scope of this rule, the decision of the management thereon shall be final. c# *o workman shall canvass or otherwise interfere or use his influence in connection 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 and commission shall be treated as misconduct and will make the concerned employees liable to disciplinary action!

1. 2heft, fraud or dishonesty in connection with the business or property of the 'ompany or of property of another person within the premises of the 'ompany. 7. 2aking or giving, offering or asking for bribes or any illegal gratification whatsoever or indulging in corrupt practices. 9. ,ossession of pecuniary resources or property disproportionate to the known sources of income by the employee or on his behalf by another person, which the employee cannot satisfactorily account for. $urnishing false information regarding one0s name, age, father0s name, +ualification etc. for the purpose of employment or concealing any facts about the previous employment or any other matter germane to the employment at the time of employment or during the course of employment, 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 combination with others, of any lawful and reasonable order of higher authority. ?. )bsence without leave or over staying the sanctioned leave for more than seven consecutive days without sufficient grounds or proper or satisfactory explanation. @. .abitual late or irregular attendance or habitual absence from duty without leave or sufficient cause. A. *eglect of work or negligence in the performance of duty including malingering or willfully slowing down in the performance of work, loitering, idling, wasting time during working hours and inciting others to do so. 1E. -abotage or willful damage or loss of 'ompany0s goods or property including unauthori/ed use or occupation of the 'ompany0s +uarters, land or other property. 11. *on-observance of safety precautions or rules or interference or tampering with any safety devices installed in or about the premises of the 'ompany.

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 the employment. 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 the premises of the 'ompany except as sanctioned by any law of the land for the time being in force 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. to the '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 enactment for the time being in force, or inciting any employee to strike work. 79. Disclosing to any un-authorised person;persons including fellow employees any information regarding the working of or any process used in, any of the manufacture or construction undertaken by the management which comes into his possession during the course of his work or otherwise. Disclosure regarding trade secrets and taking photographs of plant and machinery. 7<. )ccepting service in any other establishment ;firm; workshop without prior permission of the 'ompetent )uthority or private employment from any person in the 'ompany -ervice. 7=. 6reach or violation of any of the terms and conditions relating to the residential accommodation provided by the 'ompany. 7>. *o employee shall without permission publish or cause to publish an article written by him on any matter whatsoever or any article or any +uestion paper, journals or other publications, provided that such permission shall not be necessary for the publication of the articles which have no bearing on the affairs of the 'ompany or which do not affect the 'ompany.

7?. 8efusal to accept any communication including order of transfer from one job;shift to another or from one department or section to the other, provided such transfer shall not affect the grade 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 by a court of law for a serious criminal offence. 9E. -urrounding;5heraoing or forcibly detaining 4anagement personnel or any of the 'ompany0s officers. 91. 4aking representations to persons or bodies outside the 'ompany, whether official or otherwise, on matters connected with the affairs of the 'ompany or personal grievances against the management. 97. )ssaulting or intimidating an employee of the 'ompany within the 'ompany0s premises or outside. 99. 4aking representations or sending grievance petitions to the members of the 6oard of Directors or the senior 4anagement or 5overnment of India except through proper channel. "2his does not prevent submission of appeals to the prescribed )ppellate )uthorities under these rules#. 9<. -preading or encouraging casteism, regionalism or communalism. 9=. Deliberately spreading false information or rumours with a view to bringing about disruption of the 'ompany0s normal work or otherwise to bring disrepute to the 'ompany or its 'hairman;Directors etc. 9>. 'ontracting another marriage while wife is alive or marrying a person who has a wife living without first obtaining permission of the 'ompany. 9?. )llowing an unauthori/ed person to operate 'ompany0s vehicle or to use of 'ompany0s property. 9@. *o employee should indulge in any act of sexual harassment of any women at working place. $or this purpose, N-exual harassmentO includes such unwelcome sexually determined behaviors "whether directly or by implication# as !a#. ,hysical contact and advances% b#. ) demand or re+uest for sexual favors% c#. -exually colored remarks% d#. -howing pornography% e#. )ny other unwelcome physical, verbal or non-verbal conduct of sexual natureO

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

*ote! 2he above instances of misconduct are only illustrative in nature and not exhaustive and any obvious 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! (' 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 ,osting!

Date !

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

8ecommendation of Departmental .ead ! "2o be forwarded to the concerned ,ersonnel Deptt.# 'opy to! Disciplinary 'ell! -ignature of Departmental .ead !

Date ! *.6. ! 2his report should be filled in duplicate, one copy of which will be forwarded to the concerned ,ersonnel Deptt. along with recommendations of Departmental .ead. 2his copy will ultimately be field in the ,ersonal $iled of the person concerned. ) copy of the same will also be sent to Disciplinary cell.

A&&$>'R$ 3D3 CHAR,$ SH$$T

8ef.*o. ! *ame.........P :mployee *oP. DesignationP -ection........... Department...

Date!

Chereas it has been reported that you have committed the following act"s# or omission which constitute"s# misconduct in accordance with -tanding Brders;'onduct, Discipline 3 )ppeal 8ulesH ! i) i# " $ull narration of the accounts of misconduct i) 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 clauses ii) ii# applicable to misconduct and refer to number and iii) iii# sub-clause of the -tanding Brder;'D) 8ules against each of the charges#. 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 or otherwise 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 assumed that you have no explanation to offer and the matter will be disposed of ex-parte. ,lease acknowledge receipt of this 'harge-sheet on the duplicate copy enclosed. -ignature of the Disciplinary )uthority *ame! Designation! 'opy to! 1.'oncerned 8eporting Bfficer.e is re+uested to hand over the charge-sheet to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record. 'oncerned ,ersonnel Deptt.;Disciplinary cell 'oncerned $ile

9.

<. =.

7. ('

HBmit which is not applicable.

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 issued separately. 7. 9. -ince the allegations made against you are of a serious nature, you are hereby suspended with immediate effect pending further proceedings and final orders in the matter. During the period of your suspension, you shall not enter the Corks ,remises except with the permission of the competent authority, nor should you leave the station without the written 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 as admissible under the rules. ,lease acknowledge receipt of this order on the duplicate copy enclosed. -ignature of the Disciplinary )uthority *ame Designation 'opy to! 1. 'oncerned 8eporting Bfficer .e is re+uested to hand over the charge-sheet to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record.

<. =. >.

7. 9. <.

,ay 3 )ccounts -ection. 'oncerned ,ersonnel Deptt.;Disciplinary 'ell 'oncerned $ile

HBmit which is not applicable

A&&$>'R$ F

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.! :mployee *o...............................P. Designation...................................... -ection.............................................. Department.............................PP

Date!

Chereas it has been reported that action is being taken to prosecute you;you have been prosecuted in a 'ourt of &aw for an offence;under -ection"s#............... of the Indian ,anel 'ode which is;are of serious nature involving moral turpitude; corruption.H 7. Kou are, therefore, placed under suspension with immediate effect until disposal of the 'riminal trial contemplated;pending against you in accordance with 8ule....................of the -tanding Brders;'onduct, Discipline 3 )ppeal 8ulesH During the period of your suspension, you shall not enter the Corks ,remises except with the permission of the competent authority, nor should you leave the station without the written 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 as admissible under the rules. ,lease acknowledge receipt of this order on the duplicate copy enclosed. -ignature of the Disciplinary )uthority *ame Designation 'opy to! &' 'oncerned 8eporting Bfficer - .e is re+uested to hand over the charge-sheet to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record. ,ay 3 )ccounts -ection. -ecurity Bfficer. 'oncerned ,ersonnel Deptt.;Disciplinary 'ell 'oncerned $ile

7. 9. <. =.

HBmit which is not applicable

A&&$>'R$ 3,3

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

8ef.*o.! OFF!C$ ORD$R

Date!

Chereas certain allegations constituting misconduct have been made against"name#......................................... designation....................... -ection;Deptt................. on which basis 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 admitted the allegation"s# and the charge"s# necessitating further en+uiry;his explain-nation is not otherwise considered satisfactory;his explanation has not been receivedH H7. 2he undersigned, therefore, appoints........................ as :n+uiry Bfficer to en+uire into the allegations and submit findings to the undersigned within............... days for consideration. H7 2he undersigned, therefore, appoints an :n+uiry 'ommittee consisting of the following members! i#.............................................., 'hairman. ii#.............................................., 4ember. iii#............................................., 'onvener. to en+uire into the allegations and submit findings to the undersigned with................. days for consideration. 9.-hri........................ "name of delin+uent employee# is directed to appear before the said :n+uiry Bfficer;'ommitteeH and give his testimony and produce witnesses and;or evidence in support of his defence before him;the 'ommitteeH -ignature of the Disciplinary )uthority *ame! Designation! Copy to: 1. :n+uiry Bfficer;4embers of the :n+uiry 'ommittee. 7. Delin+uent employee. 9. 'oncerned ,ersonnel Deptt.;Disciplinary cell <. 'oncerned $ile HBmit which is not applicable.

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 issued toPPPP.... -hri...................................."name#......................designation.....................-ection; Deptt............... 7. Chereas an :n+uiry Bfficer;'ommitteeH was appointed;constituted to en+uire into the allegations against the above named employee vide *o............................................ dated........... 2he undersigned, therefore, appoints -hri...................................................... "name# , Designation.............................. -ection;Deptt................................ as the ,resenting Bfficer to present the case and adduce evidence in support thereof, before the said :n+uiry Bfficer 'ommittee on behalf of the undersigned. -ignature of the Disciplinary )uthority *ame! Designation! Copy to: 1. 7. 9. <. =. -hri........................",resenting Bfficer#. :n+uiry Bfficer;4embers of the :n+uiry 'ommittee. Delin+uent employee. 'oncerned ,ersonnel Deptt.;Disciplinary cell 'oncerned $ile

9.

HBmit which is not applicable.

A&&$>'R$3 !3 &OT!C$ OF $&*'!R) R$,!ST$R$D A9D '0#0C0

8ef. *o.! *ame................................................. :mployee *o...................................... Designation........................................ -ection............................................... Department....................................... Sub: $n2uiry #rocee in-s

Date!

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+uiry in...............................................................................PPPPPPPPPPPPPPPPP ",lace# in the said matter on............................................................. "date# and at............................. PPPPPPPPPPPP............... "time#. 7. 9. Kou are advised to appear at the above mentioned en+uiry and produce all your witnesses and evidence in support of your defence. )t the en+uiry, the management evidence and witnesses will be examined first. Kou will be given full opportunity to examine the evidence and cross-examine the management witnesses on which the charges are based. Kou will then be given the opportunity to produce defence evidence and witnesses. 2he ,resenting Bfficer will have the right to examine defence evidence and cross-examine defence witnesses. In the en+uiry, you may conduct your defence in person 3 take the assistance of a representative as per the provisions of the -tanding Brders;'onduct, Discipline 3 )ppeal 8ulesH applicable to you. 2herefore, you may bring a representative to assist you in the en+uiry, if you so desire. Kou should nominate your representative before the en+uiry proceeds and should attend along with him if you wish to be so assisted at the en+uiry. 2he evidence and witnesses you intend to produce in the en+uiry should also be kept available. -hould you;the prosecution side fail to appear at the en+uiry as aforesaid, undersigned;'ommitteeH will be constrained to proceed with the en+uiry ex-parte. -ignature of the :n+uiry Bfficer; 'onvener of the :n+uiry 'ommittee *ame! Designation! the

<.

=.

>.

'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! *ame............. :mployee *oP. Designation.P.. -ection.........P. Department.P. 1. 7. H9. H<.

Date!

,lease refer to the letter of charge *o...................... dated............. issued to you and the subse+uent en+uiry into the allegations mentioned therein. Kou are, hereby, exonerated of the charges levelled against you vide above mentioned letter dated.............. Kour suspension order dated............... in the above case is hereby revoked% and you are advised to report for your duties forthwith, but not later than....................... -ubject to "9# above, the period of your suspension will be treated as on duty and you will be paid 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! Designation:

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

7. 9. <.

,ay 3 )ccounts -ection 'oncerned ,ersonnel Deptt.;Disciplinary cell 'oncerned $ile

HBmit if the employee was not placed under suspension.

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 the matter and inflict upon you severe punishment. .owever, in consideration of the fact that your past record is satisfactory;you have admitted your guilt and re+uested for pardon;with a view to offer you a 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 should note 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. -ignature of the Disciplinary )uthority *ame! Designation! Copy to: 1. 'oncerned 8eporting Bfficer .e is re+uested to hand over this letter to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record.

7. 9.

'oncerned ,ersonnel Deptt.;Disciplinary 'ell 'oncerned $ile

((Bmit which is not applicable.

A&&$>'R$ 3(3

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

8ef.*o! *ame............. :mployee *oP Designation.P.. -ection.........P Department.P.

Date!

)s a result of the departmental en+uiry held in your presence;ex-parte,H you are found guilty of the charge"s# levelled against you "if all the charges are not proved, mentioned only those charges which are proved as per the 'harge-sheet dated...............#. In the circumstances, the undersigned would have been fully justified to take a serious view in the matter and inflict upon you severe punishment. .owever, in consideration of the fact that your past record is satisfactory;you have admitted your guilt and re+uested for pardonH;with a view to offer you a fair chance to improve your conductH, you are hereby 'ensured. -ignature of the Disciplinary )uthority *ame! Designation! Copy to 1. 'oncerned 8eporting Bfficer .e is re+uested to hand over this letter to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record.

7. 9.

'oncerned ,ersonnel Deptt.;Disciplinary cell 'oncerned $ile

HBmit which is not applicable

A&&$>'R$ @%A

#'&!SH%$&T ORD$R.S'S#$&S!O& 8ef.*o! Date! *ame............. :mployee *oP Designation.P.. -ection.........P Department.P. $urther to the 'harge-sheet *o..............................dated.............issued to you and receipt 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 opportunity was provided to you for conducting your defence at the en+uiry by cross-examining management witnesses and producing your defence. 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 findings at the en+uiry, it is found that the following charge"s# levelled against you has; have been sufficiently proved;establishedH. *ot only your previous record is not good;unsatisfactoryH and there are no extenuating circumstances, your present acts of misconduct are serious and by themselves warrant severe disciplinary action. In the circumstances, it has been decided to punish you by way of suspension from duty forPP.......day "s# w.e.f..........."date#. )ccordingly you will remain suspended from duty from.............to..............."date#. Kou are to report back for your duties on................ "date#.

9.

<H.

=.

>. ,lease note that you will not be entitled for any wages for the aforesaid period of your suspension. -ignature )uthority *ame! Designation! Copy to 1. 'oncerned 8eporting Bfficer .e is re+uested to hand over this letter to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record. of the Disciplinary

7.

,ay 3 )ccounts -ection

9. 'oncerned ,ersonnel Deptt.;Disciplinary 'ell <. 'oncerned $ile

HBmit which is not applicable.

A&&$>'R$ 3&3 #'&!SH$%$&T ORD$R B STO##!&, OF !&CR$%$&T

8ef.*o! *ame............. :mployee *oP Designation.P.. -ection.........P Department.P.

Date!

$urther to the 'harge-sheet *o..............................dated.............issued to you and receipt 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 opportunity was provided to you for conducting your defence at the en+uiry by cross-examining management witnesses and producing your defence. 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 findings at the en+uiry, it is found that the following charge"s# levelled against you has; have been sufficiently proved;establishedH. *ot only your previous record is not good;unsatisfactoryH and there are no extenuating circumstances your present acts of misconduct are serious and by themselves warrant severe disciplinary action. In the circumstances, it has been decided to punish you by with-holding;stopping your next.............annual increment"s# with;withoutH cumulative effect. -ignature of the Disciplinary )uthority *ame! Designation! 'opy to! 1. 'oncerned 8eporting Bfficer .e is re+uested to hand over this letter to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record.

9.

<.H

5. =.

7. 9.

,ay 3 )ccounts -ection 'oncerned ,ersonnel Deptt.;Disciplinary cell

<.

'oncerned $ile HBmit which is not applicable.

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 and receipt 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 opportunity was provided to you for conducting your defence at the en+uiry by cross-examining management witnesses and producing your defence. 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 findings at the en+uiry, it is found that the following charge"s# levelled against you has; have been sufficiently proved;establishedH. *ot only your previous record is not good;unsatisfactoryH and there are no extenuating circumstances, your present acts of misconduct are serious and by themselves warrant severe disciplinary action. In the circumstances, it has been decided to reduce your pay from 8sPPPP.to 8sPPP.in the scale of 8sPPP"present scale of pay# with effect fromPPPP. In the circumstances, it has been decided to reduce you to the lower post of........................."lower designation# and you will draw a basic pay of 8s.............. in the scale of 8s............................. "lower scale of ,ay# with effect from................ for a period of............ "months;years#. Bn the expiry of the aforesaid period, you will be restored to the position of................. "present designation# in the scale of 8s................ "present scale of pay# and you will draw a basic pay of 8s................ in the scale of 8s............... "present scale of pay#

9.

<.H

=H

>.H

?.H

In the circumstances, it has been decided to reduce you to the post of.......................... "lower designation# in the scale of 8s......................................."lower scale of pay# and you will draw a basic pay of 8s............... in the scale of 8s.............................. "lower scale of pay# with effect from.......................... Kou are posted to..............................."-ection#.................."Deptt.#

@.H

-ignature of the Disciplinary )uthority

*ame !

Designation! Copy to

1!

'oncerned 8eporting Bfficer .e is re+uested to hand over this letter to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned for record. ,ay 3 )ccounts -ection

7.

9.

'oncerned ,ersonnel Deptt.;Disciplinary 'ell

<.

'oncerned $ile

HBmit which is not applicable.

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 and receipt of your explanation dated............. an en+uiry was held into the charge"s# levelled against you. I find from the proceedings of the en+uiry that reasonable opportunity was provided to you 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 prosecution witnesses and production of your own documents; materials and examination of your own witnesses including yourself. 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 the findings that on the evidence at the en+uiry, the following charge"s# levelled against you has;have been established beyond doubt Bn due consideration of the gravity of your misconduct, your previous recordH, I find that the charges levelled against you are of grave nature and warrant severe punishment. H4oreover, there is not extenuating or aggravating circumstances. In the circumstances, I hereby remove;dismiss you from the services of the 'ompany with effect from................immediate effect. -ince you are a workman concerned in an;theH industrial dispute pending before............. "name of the authority#, you are being paid wages for one month amounting to 8s..............; wages for one month amounting to 8s............... is being remitted to you by money orderH and simultaneously an application is being made to the "name of the authority before which the proceeding is pending# for approval of the action taken against you under -ection 99"7#"b# of the Industrial Disputes )ct, 1A<?. Kou should surrender the identification cardH, medical card, and all other properties of the 'ompany issued to you;in your possession. Kou are also re+uired to vacate the 'ompany(s +uarters; accommodation, if any, in your occupation;possession by QQQQQQQQQQQ. $inal payment will be made to you subject to receipt of (*o Demand 'ertificate( from all and adjustment of outstanding dues, if any. -ignature of the Disciplinary )uthority *ame ! Designation:

7.

9.

<.

=. >.

?. @. A.

Copy to: 1. 'oncerned 8eporting Bfficer .e is re+uested to hand over this letter to the above named employee after obtaining his dated signature;left hand thumb impression on the duplicate copy enclosed 3 return the same to the undersigned 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 the employee concerned, notwithstanding the fact that the appointing authority might have subse+uently delegated the power of appointment of employees of the category;rank to which the employee belongs, to such lower authority. HBmit which is not applicable.

%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# Disciplinary )uthority '4D )ppellate )uthority :xecutive;)uthority next higher to the one which imposed the penalty '4D $unctional Directors D54 ; )54 ":-? ; :-?)# 4ajor ,enalties $or penalties specified in 8ule 7> "f#, 3 "g# Disciplinary )ppellate )uthority )uthority '4D :xecutive;)uthority next higher to the one which imposed the penalty $unctional Directors 54;:D ":-A ; :-@# D54;)54 ":-?;:-?)# '4D $unctional Directors 54;:D ":-A ; :-@# $or penalties specified in 8ule 7> "h#, "i# 3 "j# Disciplinary )ppellate )uthority )uthority )ppointing :xecutive;)ut )uthority hority next higher to the one which imposed the penalty )ppointing -do)uthority )ppointing )uthority )ppointing )uthority )ppointing )uthority -do-do-do-

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

7 9 < =

1A=EE-7=>EE to 1AEEE-7<?=E ":-?) to :-?# 1?=EE-779EE to 1@=EE-79AEE ":-> to :-=# 1>EEE-7E@EE to @EEE-19<EE ":-< to :-1# :mployees in -upervisory 5rades

$unctional Directors 54;:D ":-A ; :-@# -r. 4anager ":->#

4anager ":-=# ; -r. 4anager ; D54 .ead of -ection; ":-> ; :-?# Division in the -cale of ,ay not lower than :-<

-r. 4anager D54 ; )54 ":-># ":-? ; :-?)#

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 appeal against 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 be compulsory 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

),,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 )ppointing )uthority Disciplinary )uthority $or 4inor ,enalties $or 4ajor ,enalties under 8ule 7<.7 S"excluding penalty of Dismissal under 8ule 7<.7"c#T 4anager $or 4ajor ,enalty of Dismissal under 8ule 7<.7"'# )ppellate )uthority 8eviewing )uthority

1.

Corkmen in the D54;)54 Dy.4anager grade of C-9 3 below Corkmen in the D54;)54 grade of C-< to C? Corkmen in the D54;)54 grade of C-@ to C11 4anager

D54;)54

)54;54

54;:D

7.

-r.4anager

D54;)54

)54;54

54;:D

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 scale shall 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.