In exercise of the powers conferred by section 22
read with section 12 of the Tamil Nadu State Council for Higher Education Act,
1992 (Tamil Nadu Act 40 of 1992), the Tamil Nadu State Council for Higher
Education, with the previous approval of the Government of Tamil Nadu, hereby
makes the following regulations in respect of the employees of the Tamil Nadu
State Council for Higher Education : (a) These regulations may be called the Tamil Nadu State Council for Higher
Education Employees (Discipline and Appeal) Regulations, 2001. (b) They shall come into force on and from the 5th November 2001. They shall apply to every employee of the Council
including officers and staff both temporary and regular except to the extent
otherwise expressly provided (i) by or under any law for the time being in force or in any rule. (ii) in respect of any such employee by contract or agreement subsisting
between such employee or person and the Council. Explanation. An employee holding a post under the
Council whose services are placed at the disposal of any company, corporation,
organisation or local authority shall, for the purpose of these regulations, be
deemed to be an employee of such Council or deemed to hold such post,
notwithstanding that his salary is drawn from a source other than the revenue
of the Council. The following penalties may, for the good and
sufficient reason and as hereinafter provided, be imposed upon every employee
of the Council's service, namely : (i) Censure ; (ii) Fine (For the post of Office Assistant-cum-Driver, Office Assistant and
Watchman only); (iii) Withholding of increments or promotion : Provided that in cases where the punishment of
withholding of increment cannot be given effect to fully, then monetary value
equivalent to the amount of increments ordered to be withheld for the unexpired
period of the punishment shall be recovered from the employee : Provided further that in cases of stoppage of
increment with cumulative effect, the monetary value equivalent to three times
the amount of increments ordered to be withheld may be recovered. (iv) Reduction to a lower rank in the seniority list or to a lower post not
being lower than that to which he was directly recruited, or to a lower
time-scale, not being lower than that to which he was directly recruited, or to
a lower stage in a time-scale : Provided that in cases where the punishment of
reduction to a lower stage in a time-scale cannot be given effect to fully, the
monetary value equivalent to the difference in emoluments as a result of
reduction to such lower stage in the time-scale for the unexpired period of the
punishment shall be recovered from the person. (v) Recovery from pay of the whole or part of any pecuniary loss caused to
the Council or the State Government or the Central Government or to any
Government Company or Organisation or Local Authority or to a Local Body while
on deputation, by negligence or breach of orders. (vi) Compulsory retirement; (vii) Removal from service of the Council; (viii) Dismissal from service of the Council; (ix) Suspension, where a person has been suspended under regulation 9(a) to
the extent considered necessary by the authority imposing the penalty. The penalties mentioned in items (i) to (iii), (v)
and (ix) will be deemed to be minor penalties and those in items (iv), (vi) to
(viii) as major penalties. The penalties mentioned in items (d), (vii) or
(viii), as the case may be, shall be imposed on the employee for the violation
of the Tamil Nadu State Council for Higher Education Conduct Rules. Explanation I. The discharge, (i) of a person appointed on probation before the expiry or at the end of
the prescribed or extended period of probation ; or (ii) of a person engaged under contract or agreement in accordance with the
terms of such agreement or contract; or (iii) of a person appointed otherwise than under contract to hold a temporary
appointment, on the expiration of the period of such appointment does not
amount to the removal or dismissal within the meaning of this regulation. Explanation II. The following shall not amount to a
penalty within the meaning of these regulations, namely: (i) withholding of increments of pay of an employee of the service for his
failure to pass any test in accordance with the regulations or orders governing
the service to which he belongs ; post which he holds or the terms of his
appointment; (ii) non-promotion of an employee of the service whether in a regular or
temporary capacity after consideration of his case, to a service, grade or post
for promotion to which he is eligible ; (iii) reversion of an employee of the service officiating in a higher post to
a lower post, on the ground that he is considered to be unsuitable for such
higher post on any administrative ground, unconnected with his conduct; (iv) reversion of an employee, appointed on probation to any other post, to his
permanent post during or at the end of the period of probation in accordance
with the terms of his appointment or to the regulations and orders governing
such probation ; (v) replacement of the services of an employee, whose services had been
borrowed from a State Government, or the Central Government or an authority
under the control of the State Government or Central Government at the disposal
of the State or the Central Government or the authority from which the services
of such an employee had been borrowed ; and (vi) Compulsory retirement of an employee in accordance with the provisions
relating to superannuation or retirement. Explanation III. The removal of a person from the
service of the Council shall not disqualify him from future employment, but the
dismissal of a person from the service of the Council shall ordinarily
disqualify him from future employment. (a) The Council or any authority empowered by it, by general or special
order, may (i) institute disciplinary proceedings against any employee ; (ii) direct a disciplinary authority to institute disciplinary proceedings
against any employee on whom that disciplinary authority is competent to impose
under these regulations any of the penalties specified in regulation 3. (b) The authority competent under these regulations to impose any of the
penalties specified in items (i) to (iii) and (v) of regulation 3 may institute
disciplinary proceedings against any employee for the imposition of any of the
penalties in items (iv) and (vi) to (viii) of regulation 3 notwithstanding the
fact that such authority is not competent under these regulations to impose any
of the latter mentioned penalties. When both departmental as well as criminal action
is initiated for an irregularity, in regard to departmental action, charges may
be framed against the employee for the lapses committed by him. Departmental
action may be proceeded with, without waiting for the conclusion of the
criminal case. The authorities which may impose the penalties
mentioned in regulation 3 in the case of employees of the Council shall be as
specified in the Appendix. (a) Where on promotion or transfer, an employee of the service in a post is
holding an appointment in another post thereof, no penalty shall be imposed
upon him in respect of his work or conduct before such promotion or transfer
except by an authority competent to impose the penalty on an employee in the
latter post. (b) Where a person has been reverted or reduced from one post to another
post no penalty shall be imposed upon him in respect of his work or conduct,
while he was holding the post from which he was reverted or reduced except by
an authority competent to impose the penalty upon a person in the former post. (a) Procedure to be followed while it is proposed to impose minor penalties. In every case where it is proposed to impose on an
employee of the Council any of the minor penalties specified in items (i),
(ii), (iii), (v) and (ix) in regulation 3, he shall be given a reasonable
opportunity of making any representation that he may desire to make and such
representation, if any, shall be taken into consideration before the order
imposing the penalty is passed : Provided that the requirements of this clause shall
not apply where it is proposed to impose on an employee of the service any of
the penalties aforesaid on the basis of facts which have led to his conviction
by a Court Martial or where the employee concerned has absconded or where it is
for other reasons impracticable to communicate with him : Provided further that, in every case where it is
proposed, after considering the representation, if any, made by the employee to
withhold increment of pay without cumulative effect for a period exceeding
three years or to withhold increment of pay with cumulative effect for any
period, the procedure laid down in clause (b) shall be followed, before making
any order imposing on the employee any such penalty. (b) Procedure to be followed while it is proposed to impose major penalties. (i) In every case where it is proposed to impose on an employee of the
Council any of the major penalties specified in items (iv), (vi), (vii) and
(viii) in regulation 3, the grounds on which it is proposed to take action
shall be reduced to the form of a definite charge, or charges, which shall be
communicated to the person charged, together with a statement of the
allegation, on which each charge is based and of any other circumstances which
it is proposed to take into consideration in passing orders on the case. He
shall be required, within a reasonable time, to put in a written statement of
his defence and to state whether he desires an oral inquiry, or to be heard in
person, or both. An oral inquiry shall be held, if such an inquiry is desired
by the person charged or is directed by the authority concerned. Even if a
person charged has waived an oral inquiry, such inquiry shall be held by the
authority concerned in respect of charges which are not admitted by the person
charged and which can be proved only through the evidence of witnesses. At that
inquiry, oral evidence shall be heard as to such of the allegations as are not
admitted, and the person charged shall be entitled to cross-examine the
witnesses, to give evidence in person and to have such witnesses called, as he
may wish, provided that the officer conducting the inquiry may, for special and
sufficient reason, to be recorded in writing, refuse to call a witness. Whether
or not the person charged desired or had an oral enquiry, he shall be heard in
person at any stage if he so desires before passing of final orders. A report
of the inquiry or personal hearing (as the case may be) shall be prepared by
the authority holding the inquiry or personal hearing whether or not such
authority is competent to impose the penalty. Such report shall contain a
sufficient record of the evidence, if any, and a statement of the findings and
the grounds thereof: Whenever any inquiring authority, after having
heard and recorded the whole or any part of the evidence in an inquiry, ceases
to exercise jurisdiction thereon and is succeeded by another inquiring
authority which has, and which exercises, such jurisdiction, the inquiring
authority so succeeding may act on the evidence so recorded by its predecessor,
and partly recorded by its predecessor ; and partly recorded by itself: Provided that if the succeeding inquiring authority
is of the opinion that further examination of any of the witnesses whose
evidence has already been recorded is necessary in the interest of justice, it
may recall, examine, cross-examine and re-examine any such witnesses as herein
before provided : Provided further that the employee may take the
assistance of any retired employee to present the case on his behalf but may
not engage a legal practitioner for the purpose unless the inquiring authority
is a legal practitioner or the inquiring authority having regard to the
circumstances of the case, so permits. Explanation. The employee shall not take the
assistance of any retired employee who has two pending disciplinary cases on
hand, in which he has to give assistance. (ii) After the inquiry or personal hearing referred to in sub-clause (i) has
been completed, the authority competent to impose the penalty mentioned in that
sub-clause is of the opinion, on the basis of the evidence adduced during the
enquiry that any of the penalties specified therein should be imposed on the
employee charged, it shall, before making an order imposing such penalty
furnish to him a copy of the report of the inquiry or personal hearing or both,
as the case may be, and call upon him to submit his further representation, if
any, within a reasonable time not exceeding one month against the imposition of
any of the penalties mentioned in that clause ; any representation in this
regard submitted by the person charged within the period shall be taken into
consideration before making any order imposing the penalty, provided that such
representation shall be based only on the evidence adduced during the enquiry.
After considering the representation, the authority competent to impose the
penalty shall make an order imposing such penalty and it shall not be necessary
to give the person charged another opportunity of making representation on the
penalty proposed to be imposed. (c) (i) The requirements of clause (k) shall not apply, where it is proposed
to impose on an employee any major penalty as is referred to in sub-clause (i)
of that clause on the basis of facts which have led to his conviction in a
Criminal Court (whether or not he has been sentenced at once by such Court to
any punishment) ; but he shall be given a reasonable opportunity of making any
representation that he may desire to make and such representation, if any,
shall be taken into consideration before the order imposing the penalty is
passed. (ii) The requirements of clause (b) shall not apply
where it is proposed to impose on an employee any of the penalties mentioned in
regulation 3 on the basis of facts which have led to his conviction by a Court
Marital or where the employee concerned has absconded or where it is for other
reasons impracticable to communicate with him. (iii) The provisions of clause (b) shall not apply
if the Council is satisfied that in the interest of security of the State it is
not expedient to follow the procedure prescribed in that clause. (d) (i) All or any of the provisions of clauses (a) and (b) may, in
exceptional cases, for special and sufficient reasons to be recorded in
writing, be waived where there is difficulty in observing exactly the
requirements of the clauses and those requirements can be waived without
injustice to the person charged. (ii) If any question arises whether it is
reasonably practicable to follow the procedure prescribed in clause (b), the
decision thereon of the authority empowered to dismiss or remove such person or
reduce him in rank, as the case may be, shall be final. (a) An employee of a service may be placed under suspension from service by
the appointing authority or any authority to which it is subordinate or the
disciplinary authority or any other authority empowered by the Council by
general or special order, where, (i) an enquiry into grave charges against him is contemplated or is pending
; or (ii) a complaint against him of any criminal offence is under investigation
or trial; (iii) and if such suspension is necessary in the public interest. (b) An employee who is detained in custody whether on a criminal charge or
otherwise, for a period longer than forty-eight hours shall be deemed to have
been suspended under this regulation. (c) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon an employee under suspension is set aside in appeal or on
review under these regulations and the case is remitted for further inquiry or
action or with any other directions, the order of his suspension shall be
deemed to have continued in force on and from the date of the original order of
dismissal, removal or compulsory retirement and shall remain in force until
further orders. (d) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon an employee is set aside or declared or rendered void in
consequence of, or by a decision of, a Court of law and the disciplinary
authority, on a consideration of the circumstances of the case, decides to hold
a further inquiry against him on the allegations on which the penalty of
dismissal, removal or compulsory retirement was originally imposed, the
employee shall be deemed to have been placed under suspension by the appointing
authority from the date of the original order of dismissal, removal or
compulsory retirement and shall continue to remain under suspension until
further orders. (e) Where an employee is suspended or is deemed to have been suspended
(whether in connection with any disciplinary proceedings or otherwise), and any
other disciplinary proceedings is commenced against' him during the continuance
of that suspension, the authority competent to place him under suspension may,
for reasons to be recorded by him in writing, direct that the employee shall
continue to be under suspension until the termination of all or any of such
proceedings. (f) An order of suspension made or deemed to have been made under this
regulation may, at any time, be revoked by the authority which made or is
deemed to have made the order or any authority to which that authority is
subordinate. (1) Where a person to be punished has been lent to the punishing authority (a) The power to impose the penalty of compulsory retirement or removal or,
dismissal, shall not lie with any authority other than the lending authority,
the borrowing authority shall in a case where it considers that the punishment
of compulsory retirement, removal or dismissal should be imposed, complete the
inquiry and revert the person concerned to the lending authority for such
action as that authority may consider necessary ; and (b) Unless in any case it be otherwise provided by specific orders by the
Council, the punishing authority shall consult the lending authority before
imposing any lesser penalty and in the case of suspension shall report
forthwith to the lending authority the circumstances leading to the imposition
of that penalty. (2) Where an employee whose services are placed at the disposal of the
Council has, at any time before his services were so placed committed any act
or omission which renders him liable to any minor or major penalty, the lending
authority competent to impose any such penalty on such person shall alone be
competent to institute disciplinary proceedings against him and to impose on
him such penalty as it thinks fit and the borrowing authority under whom he is
serving at the time of institution of such proceedings, shall be bound to
render all reasonable facilities to such competent authority instituting and
conducting such proceedings. (3) Where an order of suspension is made or a disciplinary proceeding is
conducted against an employee whose services has been borrowed from any
Company, Corporation, autonomous Boards or other authority, the authority
lending his services (hereinafter in this regulation referred to as the
"lending authority") shall forthwith be informed of the circumstances
leading to the order of the suspension of the employee or of the commencement
of the disciplinary proceedings, as the case may be. (4) In the light of the findings of the disciplinary proceedings conducted
against the employee if the disciplinary authority is of the opinion that any
of the penalties specified in item (i) to (iii), (v) and (ix) of regulation 3
should be imposed on him, it may, after consultation with the lending
authority, pass such orders on the case as it may deem necessary : Provided that, (i) in the event of difference of opinion between the borrowing authority
and the lending authority, the services of the employee shall be replaced at
the disposal of the lending authority ; (ii) if the borrowing authority is of the opinion that any of the penalties
specified in items (iv) and (vi) and (viii) of regulation 3 should be imposed
on the employee, it shall replace the services of such employee at the disposal
of the lending authority and transmit to it the proceedings of the enquiry for
such action as it may deem necessary. (a) Where an employee of the Council whose services are placed at the
disposal of another body on foreign service terms has, at any time, before his
service were so placed, committed any act or omission which renders him liable
to any penalty specified in regulation 3, the Council shall alone be competent
to institute disciplinary proceedings against him and to impose on him any such
penalty specified in the above regulation as it thinks fit. (b) Where the employer under whom the services of an employee of the Council
are placed on foreign service desires to punish the employee for any act or
omission committed by the employee during the period of foreign service, the
foreign employer shall initiate disciplinary proceedings, complete the enquiry
and transmit the connected records to the Council i.e., lending authority for
such action as it may deem necessary. (c) In the event of difference of opinion between the borrowing authority
and the lending authority, the services of the employee shall be replaced at
the disposal of the lending authority. On the death of an employee against whom
disciplinary proceedings are pending, such proceedings shall abate even though
such proceedings may be in the initial stage or nearing completion. (a) The authority imposing any penalty under these regulations shall
maintain the record showing, (i) the allegations upon which action was taken against the person punished
; (ii) the charges framed, if any ; (iii) the person's representation, if any, and the evidence taken, if any ;
and (iv) the findings and the grounds thereof, if any. (b) All orders of punishment shall also state the grounds on which they are
based and shall be communicated in writing to the person against whom they are
passed. (c) Every order, notice and other process made or issued under these
regulations shall be served in person on the employee concerned or sent to him
by registered post with acknowledgement due or if such person is not found, by
leaving it in his last known place of residence or by giving or tendering it to
an adult member of his family or if none of the means aforesaid is available,
by affixing it in some conspicuous part of his last known place of residence. (d) While passing final orders, the disciplinary authority shall also pass
orders regarding the manner of disposal of the material objects marked during
the enquiry. After the appeal time is over, the officer concerned shall
accordingly dispose of the material object. APPEALS Every employee shall be entitled to appeal to the
appellate authority specified in the Appendix against an order passed by the competent
authority imposing upon him any of the penalties specified in regulation 3. No appeal shall be entertained if it is not
preferred within a period of two months from the date of receipt of the orders
imposing the penalty : Provided that the appellate authority may, at his
discretion, condone the delay and entertain the appeal. Every person preferring an appeal shall do so
separately and in his own name. Every appeal preferred under these regulations
shall contain all material statements and arguments relied on by the appellant,
shall contain no disrespectful or improper language and shall be complete in
itself. Every such appeal shall be addressed to the authority to whom the
appeal is preferred and shall be submitted through the head of the office to
which the appellant belongs or belonged and through the authority against whose
order the appeal is preferred. (1) In the case of an appeal against an order imposing any penalty specified
in regulation 3, the appellate authority shall consider, (a) whether the facts on which the order was based have been established ; (b) whether the facts established afford sufficient grounds for taking
action ; and (c) whether the penalty is excessive, adequate or inadequate and pass
orders, (i) confirming, enhancing, reducing or setting aside the penalty ; or (ii) 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 : Provided that (i) if the enhanced penalty which the appellate authority proposes to impose
is one of the penalties specified in items (iv), (v), (vi), (vii) and (viii) of
regulation 3 and an inquiry under clause (b) of regulation 8 has not already
been held in the case, the appellate authority shall, subject to the provisions
of clause (c) of regulation 8, itself hold such inquiry or direct that such
inquiry be held in accordance with the provisions of clause (b) of regulation 8
and thereafter, on a consideration of the proceedings of such inquiry, make
such order as it may deem fit; (ii) if the enhanced penalty which the appellate authority proposes to impose
is one of the penalties specified in items (iv), (v), (vi),
(vii) and (viii) of regulation 3 and an enquiry under clause (b) of regulation
8 has already been held in the case, the appellate authority shall make such
order it may deem fit; and (iii) no order imposing an enhanced penalty shall be made in any other case
unless the appellant has been given a reasonable opportunity, as far as may be,
in accordance with the provisions of clause (b) of regulation 8 of making
representation against such enhanced penalty. (2) Any error or defect in the procedure followed in imposing a penalty may
be disregarded by the appellate authority if such authority considers, for
reasons to be recorded in writing, that the error or defect was not material
and has neither cause injustice to the person concerned nor affected the
decision of the case. In the case of an appeal, the appellate authority
shall pass such order as appears to it just and equitable, having regard to all
the circumstances of the case. An appeal may be withheld by an authority not lower
than the authority against whose order it is preferred, if, (i) it does not comply with the provisions of regulation 17, or (ii) it is an appeal in a case in which under these regulations no appeal
lies ; or (iii) it is not preferred within two months after the date on which the
appellant was informed of the order appealed against, and no reasonable cause
is shown for the delay ; or (iv) it is repetition of a previous appeal and is made to the same appellate
authority by which such appeal has been decided and no new facts or
circumstances are adduced which afford ground for a reconsideration of the case
; or (v) it is addressed to an authority to which no appeal lies under these
regulations: Provided that in every case in which an appeal is
withheld, the appellant shall be informed of the fact and the reasons for it: Provided further that an appeal withheld on account
only of failure to comply with the provisions of regulation 17 may be resubmitted
at any time within one month of the date on which the appellant has been
informed of the withholding of the appeal, and, if resubmitted in a form which
complies with these provisions shall not be withheld. No appeal shall lie against the withholding of an
appeal by a competent authority. Every appeal which is not withheld under these
regulations shall be forwarded to the appellate authority by the authority from
whose order the appeal is preferred without an expression of opinion. An appellate authority may call for any appeal
admissible under these regulations which has been withheld by a subordinate
authority and may pass such orders thereon as it considers fit. Nothing in these regulations shall operate to
deprive any person of any right of appeal which he would have had if these
regulations had not been made, in respect of any order passed before they came
into force. All appeal pending at the time when, or preferred after, these
regulations came into force shall be deemed to be an appeal under these
regulations, and regulation 18 shall apply as if the appeal were against an
order appealable under these regulations (a) An employee in whose case the Council has passed original orders, shall
be entitled to submit within a period of two months from the date on which the
order was communicated to him a petition to the Council for review of the said
order on any of the grounds specified below: (i) that the order was not passed by the competent authority; (ii) that a reasonable opportunity of defending himself was not given ; (iii) that the punishment is excessive or unjust; (iv) discovery of new matter or evidence which the appellant alleges and
proves to the satisfaction of the Council was not within his knowledge or could
not be adduced by him before the order imposing the penalty was passed ; (v) evident error or omission such as failure to apply the law of limitation
or an error of procedure apparent on the face of the records : Provided that the council may, in its discretion,
condone any delay in submitting the petition for review within the said period
of two months. (b) A petition for review which does not satisfy any of the above grounds
shall be summarily rejected. (1) Notwithstanding anything contained in these regulations (i) the Council ; or (ii) the appellate authority within six months of the date of the order
proposed to be revised ; or (iii) any other authority specified in this behalf by the Council by a general
or special order and within such time as may be prescribed in such general or
special order may, at any time, either on its own motion or otherwise, call for
the records of any inquiry and revise any order made under these regulations,
and may (a) confirm, modify or set aside the order ; or (b) confirm, reduce, enhance or set aside the penalty imposed by the order
or impose any penalty where no penalty has been imposed ; or (c) remit the case to the authority which made the order or to any other
authority directing such authority to make such further inquiry as it may
consider proper in the circumstances of the case ; or (d) pass such other order as it may deem fit: Provided that no order imposing or enhancing any
penalty shall be made by any revising oral authority unless the employee
concerned has been given a reasonable opportunity of making representation
against the penalty proposed and where it is proposed to impose any of the
penalties specified in items (iv), (v), (vi), (vii) and (viii) of regulation 3
or to enhance the penalty imposed by the order sought to be revised to any of
the penalties specified in those items and if an inquiry under clause (b) of
regulation 8 has not already been made or held in the case, no such penalty
shall be imposed except after an inquiry in the manner laid down in clause (b)
of regulation 8. (2) No proceedings for revision shall be commenced, until after, (a) where no appeal has been preferred before the expiry of the period of
limitation for an appeal; or (b) where any such appeal has been preferred, before the disposal of the appeal; (c) an application for revision shall be dealt within the same manner as if
it were an appeal under these regulations. The Council may, at any time, either on its own
motion or otherwise, review any order passed by the Council under these
regulations, when any new material or evidence which could not be produced or
was not available at the time of passing the order under review and which has
the effect of changing the nature of case, has come, or has been brought to its
notice : Provided that no order imposing or enhancing any
penalty shall be made by the Council unless the employee concerned has been
given a reasonable opportunity of making a representation against the penalty
proposed or where it is proposed to impose any of the major penalties specified
in regulation 3 or to enhance the minor penalty imposed by the order sought to
be reviewed to any of the major penalties and if any inquiry under clause (b)
of regulation 8 has not already been held in the case, no such penalty shall be
imposed except after an inquiry in the manner laid down in the said clause (b)
of regulation 8. APPENDIX (see regulation 6) Category. Nature of Penalty. Disciplinary Authority. Appellate Review Authority. (1) (2) (3) (4) Group A and B Officers. Minor Penalty. Major Penalty. Member-Secretary. Chairman. Council. Council. Group C and D. Minor Penalty. Major Penalty. Member- Secretary. Member-Secretary. Council. Council.TAMIL NADU STATE COUNCIL FOR HIGHER EDUCATION EMPLOYEES
(DISCIPLINE AND APPEAL) REGULATIONS, 2001
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