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THE KERALA STATE POLLUTION CONTROL BOARD SERVICES DISCIPLINARY RULES, 1989

THE KERALA STATE POLLUTION CONTROL BOARD SERVICES DISCIPLINARY RULES, 1989

THE KERALA STATE POLLUTION CONTROL BOARD SERVICES DISCIPLINARY RULES, 1989

[1][THE KERALA STATE POLLUTION CONTROL BOARD SERVICES DISCIPLINARY RULES, 1989

PREAMBLE

In exercise of the powers conferred by sub-sections (3) and 3 (A) of section 12 of the Water (Prevention and Control of Pollution) Act, 1974 and in supersession of all previous rules relating to the matter dealt with hereunder the Kerala State Pollution Control Board hereby make the following rules with the approval of Government.

(i)       Kerala State Pollution Control Board Disciplinary Rules;

 

(ii)      Kerala State Pollution Control Board Conduct Rules; and

 

(iii)     Kerala State Pollution Control Board Medical Attendance Rules.

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Kerala State Pollution Control Board Services Disciplinary Rules.

(2)     They shall come into force from the date of notification,

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:-

(a)      'Appointing authority' means the Chairman of the Board or any other authority empowered to make appointments by a general or special orders or rules made by the Board to that extent.

 

(b)      'Board' means Kerala State Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974).

 

(c)      'Board employee' means every person in the whole time employment of the Board (other than a person so employed on daily wages) and, paid for from the funds of the Board.

 

(d)      'Chairman' means, the Chairman of the Board, appointed under subsection 2 (c) of the Water (Prevention and Control of Pollution) Act, 1974 by Government.

 

(e)      'Disciplinary authority' in relation to the Imposition of penalty on a Board employee, means the authority competent under these rules, to impose on him that penalty.

 

(f)       'Government' means Government of Kerala.

 

(g)      'Service' means group of persons classified according to the rules of the Board as General or subordinate services, as the case may be.

Note:- Where the context so require 'Service' means the period during which a person holds a post or is member of a service.

Rule - 3. Application.

(1)     These rules shall apply to all employees of the Board except.

(a)      Persons in casual employment.

 

(b)      Persons subject to discharge from service without notice.

 

(c)      Persons for whose appointment and other matters covered by these rules, special provisions is made by or under any law for the time being in force in regard to the matters covered by such law.

(2)     Notwithstanding anything contained in sub-rule (1) the Board may and by order, exclude from the operation of all or any of these rules, any Board employee or class or employees.

Rule - 4. Special Provisions by Agreement.

Where it is necessary to make special provisions in respect of a Board employee inconsistent with any of these rules, the Board may by agreement with such Board employee make such special provisions and thereupon these rules shall not apply to such Board employee to the extent to which the special provisions so made are inconsistent therewith.

Rule - 5. Protection of Rights and Privileges conferred by any Agreement.

Nothing in these rules shall operate to deprive any employee of the Board of any right or privilege to which he is entitled by the terms of any agreement subsisting between such person and the Board at the commencement of these rules.

Rule - 6. Classification of Services.

The services, the members of which are subject to these rules shall be classified as follows:

(1)     General Service (Technical, Administrative and Scientific Branches) of the Kerala State Pollution Control Board.

(2)     Subordinate Service (Technical, Administrative and Scientific Branches) of the Kerala State Pollution Control Board.

Rule - 7. Suspension.

(1)     The Chairman of the Board or any authority subordinate to him or any other authority empowered by him in that behalf may at any time, place an employee of the Board under suspension-

(a)      Where a disciplinary proceeding against him is contemplated or is pending; or

 

(b)      Where a case against him in respect of any criminal offence is under investigation or trial;

 

(c)      Where in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interests of the Board.

 

(d)      Where final orders are pending in the disciplinary, proceedings, if the appropriate authority considers that in the then prevailing circumstances it is necessary in the interest of the Board that the employee should be suspended from service of the Board.

(2)     An employee of the Board shall be decided to have been placed under suspension by an order of the Chairman.

(a)      With effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours.

(b)      With effect from the date of his conviction, for an offence, if he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

Explanation:- The period of forty-eight hours referred to in sub-clause (b) of clause (2) shall be computed from the commencement of the imprisonment after the conviction and for this purpose intermittent periods of suspension, if any, shall taken into account.

(3)     (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or reviewed by the authority competent to do so.

(b) Where an employee of the Board is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceeding 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 of the Board shall continue to be under suspension till the termination of all or any of such proceedings.

Rule - 8. Report of Suspension.

Where the order of suspension is made by an authority - lower than the Chairman such authority shall forthwith report to the appointing authority, the circumstances under which the order was made.

Rule - 9. Continuance of Suspension in case of further enquiry.

Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee of the Board under suspension is set aside in appeal or on revision under these rules and the case is remitted for further enquiry or action or with any other direction, 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.

Rule - 10. Continuance of suspension in certain other cases.

Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee of the Board 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 decided, to hold a further enquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Board 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.

Rule - 11. Modification or revocation of suspension.

An order of suspension made or deemed to have been made under the rules may, at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.

Rule - 12. Subsistence allowance.

(1)     Whenever an employee is placed under suspension, he shall be paid such subsistence and other allowances admissible under the rules for the time being in force regulating such matters:

Providing that where the period of suspension exceeds twelve months it shall be within the competence of the suspending authority to increase or reduce the amount of subsistence allowance for any period subsequent to the period of the first twelve months subject to the following conditions, namely:-

(i)       The amount of subsistence allowance may be increased by a suitable amount, not exceeding fifty per cent of the subsistence allowance drawn during the period of the first twelve months, if in the opinion of the suspending authority the period of suspension has been belonged for reasons not directly attributable to the employee of the Board.

(ii)      The amount of subsistence allowance may be reduced by a suitable amount not exceeding fifty per cent of the subsistence allowance drawn during the period of the first twelve months, if in the opinion of the suspending authority the prolongation of the period of suspension has been due to reasons directly attributable to the employee.

(2)     No employee of the Board shall be entitled to receive payment under clause (1) unless he furnishes a certificate to the effect that he is not engaged in any other employment, business profession or vacation.

Rule - 13. Imposition of penalties.

The following penalties may for good and sufficient reasons and as hereinafter provided, be imposed on an employee of the Board, namely:-

A.        Minor penalties.

(i)       Censure.

(ii)      Fine. - (in the case of persons on whom such penalty may be imposed under these rules)

(iii)     withholding of increments or promotion.

(iv)    (a) Recovery from pay of the whole or part of any pecuniary loss caused to the Board or a State Government or the Central Government or to a local authority or any legally constituted body, by negligence or breach of orders;

(b) recovery from pay to the extent necessary, of the monetary value equivalent to the amount of increments ordered to be withheld where such an order cannot be given effect to.

Explanation:- In cases of stoppage of increments with cumulative effect, the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered.

B.        Major Penalties

(v)      Reduction to a lower rank in the seniority list or to a lower grade or post or time-scale.

Note:- 1. The period of reduction shall not be less than six months and not more than five years. If the period is not specified in the order, the period of reduction shall be deemed to be six months;

Note:- 2. Reduction to a lower stage in the time scale can be with or without the effect of postponing future increments. If no mention is made about this in the order, the reduction shall be deemed to be without the effect of postponing future increments.

(vi)    Compulsory retirement;

(vii)   Removal from the service of the Board which shall not be a disqualification for future employment unless otherwise directed specifically;

(viii)  Dismissal from the service of the Board which shall be a disqualification for future employment.

Explanation:- The following shall not amount to a penalty within the meaning of this rule:-

(i)       withholding of increments of an employee for failure to pass a departmental examination or consequential to the extension of probation in accordance with the rules or orders governing the services or post or the terms of his appointment.

 

(ii)      Stoppage of increment of an employee of the Board at the efficiency Bar in the time-scale on the ground of his unfitness to cross the bar.

 

(iii)     Non-promotion, whether in an officiating or substantive capacity, of an employee of the Board after consideration of his case, to a higher grade or post, for promotion to which he is eligible.

 

(iv)    Reversion to a lower Service, category, grade or post of an employee of the Board officiating in a higher service, category, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher service, category, grade or post or on administrative grounds unconnected with his conduct.

 

(v)      Reversion to his previous service, category, grade or post of an employee of the Board, appointed on probation to another service, category, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules governing probation.

 

(vi)    Replacement of the service of a person whose service have been borrowed from the Central Government or State Government or local authorities at the disposal of the authority which had lent his services.

 

(vii)   Compulsory retirement of an employee of the Board in accordance with the provisions relating to his superannuation or retirement.

 

(viii)  Termination of service of an employee of the Board during or at the end of the period of his probation, in accordance with the terms of the appointment or the laws of the Board.

 

(ix)    Termination of service of an employee of the Board employed under agreement, in accordance with the terms of such agreement.

Rule - 14. Fine.

The penalty of fine as such shall be imposed only on Board employees holding the posts of peon, watcher, Attenders, Driver and the like,

Rule - 15. Disciplinary Authority.

The disciplinary authority against each category of employees of the Board shall be the authority mentioned against each, below:-

Category

Disciplinary authority for imposing

Appellate Authority

Minor punishment

Major punishment

(1)

(2)

(3)

(4)

Environmental Engineers

Chairman

Chairman

Board

Environmental Scientist

do.

do.

do.

Assistant Environmental Engineer

Member Secretary

do.

do.

Assistant Engineer

Environmental Engineer

Member Secretary

Chairman

Draftsman Grade I & II

do.

do.

do.

Asst. Environmental Scientist

Member Secretary

Chairman

Board

Assistant Scientist

Environmental Scientist

Member Secretary

Chairman

Senior Scientist Assistant

do.

do.

do.

Junior Scientist Assistant

do.

do.

do

Laboratory Attender

do.

do.

do.

Administrative Asst.

Member Secretary

Chairman

Board

Office Superintendent

do.

do.

do.

Confidential Asst.

The officer with whom he is attached

do.

do.

Assistant/Typist/Driver/ Peon/Watcher

Environmental Engineer/ Environmental Scientist/ Administrative Assistant/ Accounts Officer

Member Secretary

Chairman

Rule - 16. Power of Higher Authorities.

The powers which an authority may exercise under Rule 5, shall be exercisable by higher authorities also.

Rule - 17. Bar of Jurisdiction.

wherein any case a higher authority has imposed or declined to impose a penalty under these rules, a lower authority shall have no jurisdiction to proceed under these rules in respect of the same case.

Rule - 18. Supersession.

The order of a higher authority imposing or declining to impose in any case a penalty under these rules shall supersede any order passed by a lower authority in respect of the same case.

Procedure for Imposing Major Penalties

Rule - 19. Inquiry.

Without prejudice to the provisions of the Kerala Public Servants (Inquiry Act 1963) no order imposing on a Board employee any of the Penalties specified in item (V) to (VIII) of rule 13 shall be passed except after an inquiry held as far as may be, in the manner hereinafter provided in rule 20 to 30.

Rule - 20. Formal inquiry how and when ordered.

(a)      Whenever a complaint is received or on consideration of the report of an investigation, or for other reasons, the disciplinary authority or the appointing authority or any other authority empowered in this behalf is satisfied that there is Prima facie case for taking action against an employee of the Board, such authority shall frame definite charge or charges which shall be communicated to the Board employee together with statement of allegation on which it is proposed to take into consideration in passing orders on the case. The accused employee shall be required to submit within a reasonable time to be specified in that behalf a written statement of his defense and also to state whether he desires to be heard in person. The employee may, on his request be permitted to peruse or take extracts from the records pertaining to the case for the purpose of preparing his written statement, provided that the disciplinary or other authority referred to above may, for reasons to be recorded in writing refuse him such access if in its opinion such records are not strictly relevant to the case or it is not desirable in the interest of the Board to allow such access. After the written statement is received within the time allowed, the authority referred to above may if it is satisfied that a formal enquiry itself or forward the record of the case to the authority or officer to in clause (b) and order that a formal enquiry may be conducted.

(b)      The formal enquiry may be conducted by-

(i)       The Board of

 

(ii)      An officer authorized by the Board or

 

(iii)     An officer authorized by the appointing authority.

Rule - 21. Amendment of charges.

The authority or officers conducting the enquiry (hereinafter referred to as the inquiring authority) may during the course of the inquiry, if it deems necessary, and to, amend, alter, or modify the charges framed against the accused employee in which case the accused shall be required to submit within a reasonable time to be specified in that behalf any further written statement of his defense.

Rule - 22. Access to records.

The Boards employee shall for the purpose of preparing his defense, be permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused, if for reasons to be recorded in writing, in the opinion of the Inquiring Authority, such records are not relevant for the purpose or it is against the interest of the Board to allow his access thereto.

Rule - 23. Inquiry into charges not admitted.

On receipt of the further written statement of defense under Rule 21 or if no such statement is received within t he time specified therefor or in cases where the accused is not required to file written statement under the said rules, the Inquiring Authority may inquire into such of the charges as are not admitted.

Rule - 24. Presentation of cases.

The disciplinary authority, if it is not the Inquiring Authority, may nominate any person to present the case in support of the charges before the Inquiring Authority. The employee shall not engage a legal practitioner, unless the person nominated by the disciplinary authority is a legal practitioner or unless the Inquiring Authority, having regard to the circumstances of the case so permits.

Rule - 25. Adducing of evidences.

The Inquiring Authority, shall in the course of the Inquiry, consider such documentary evidences and take such oral evidences as may be relevant or material in regard to the charges. The Board employee shall be entitled to cross-examine witnesses examined in support of the charges and give evidence in person and to have such witnesses as may be produced, examined in his defense. The person presenting the case in support of the charges shall be entitled to cross examined the Board employee and the witness examined in his defense. If the Inquiring Authority decline to examine any witness on the ground that his evidence is not relevant or material, it shall record the reasons in writing.

Explanation:- If the Inquiring Authority proposes to relay on the oral evidence of any witness the authority shall examine such witness and given an opportunity to the accused employee to cross-examine the witness. Any previous written record of a statement made by witness shall not be used or relied as and shall not form part of the record of the Inquiry except where the employee agrees in writing to treat it.

Rule - 26. Witness.

The Board employee may present to the Inquiring Authority a list of witnesses whom he desires to examine in his defense. Where the witness to be examined is a Board employee, the Inquiring Authority himself shall normally try to secure the presence of witness, unless he is of the view, that the witnesses evidence is irrelevant or not material to the case under Inquiry. Where the witness proposed to be examined by the employee Is a non-official, the Inquiring Authority will be under no obligation to summon and examine him unless the Board employee himself produces him, for examination.

Rule - 27. Report of Inquiry.

At the conclusion of the Inquiry, the Inquiring Authority shall prepare a report of the Inquiry recording the findings on each of the charges together with reasons therefor. If, in the opinion of such authority, the proceedings of the Inquiry establish charges different from the originally framed he may record findings on such charges, provided that findings on such charges shall not be recorded unless the employee has admitted the facts constituting them or has had an opportunity for defending against him.

Rule - 28. Record of Inquiry.

The records of Inquiry shall include.

(i)       The charges framed against the Board employee and the statement of allegations furnished to him;

 

(ii)      His written statement of defense, if any;

 

(iii)     A summary of the oral evidence considered in the course of inquiry;

 

(iv)    The documentary evidence considered in the course of the inquiry;

 

(v)      The orders, if any, made by the disciplinary authority and the Inquiring Authority in regard to the inquiry; and

 

(vi)    A report setting out the findings on each charges and the reasons therefor.

Rule - 29. Findings of disciplinary authority.

The disciplinary authority shall, where it is not Inquiring Authority consider the records of the inquiry and where it is considered necessary to depart from the findings of the Inquiring Authority record its findings on each charges with reasons thereof.

Rule - 30. Imposition of major penalty.

(1)     If the disciplinary authority, having regard to the findings on the charges is of opinion that any of the penalties specified in items (v) to (vii) of rule 13 shall be imposed, it shall:-

(a)      furnish to the employee a copy of the report of the Inquiring Authority and where the disciplinary authority is not the Inquiring Authority, a statement of findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority, and

(b)      give notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time, which may not generally exceed one month, such representation as he may wish to make against the proposed action.

(2)     The disciplinary authority shall consider the representation, if any, made by the Board employee in response to the notice under sub-clause (b) and determine that penalty, if any, shall be imposed upon the board employee and pass appropriate orders thereon.

Rule - 31. Imposition of minor penalty.

If the disciplinary authority having regard to its findings is of opinion that any of the penalties specified in items (i) to (iv) of Rule 14 shall be imposed, he shall pass appropriate orders in the case.

Rule - 32. Communication of orders.

Orders passed by the disciplinary authority shall be communicated to the employee who shall be supplied with a copy of the report of the Inquiring Authority and where the disciplinary authority is not Inquiring Authority a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority, unless they have already been supplied to him.

Rule - 33. Inquiry to be expeditious.

The Inquiry shall be conducted as expeditiously as the circumstances of the case may permit, particularly one against an officer under suspension.

Rule - 34. Procedure for imposing minor penalties.

No order imposing any of the penalties specified in items (i) to (iv) of rule 13 shall be passed except after:-

(a)      the Board employee is informed in writing of the proposal to take action against him and of the allegation on which it is proposed to be taken and given opportunity to make any representation he may wish to make;

(b)      such representation, if any. is taken into consideration by the disciplinary authority.

Rule - 35. Record of proceedings in respect of minor penalties.

The record of proceedings under rule 34 shall include.

(i)       a copy of the intimation to the employee of the proposal to take action against him;

 

(ii)      a copy of the statement of allegations communicated to him;

 

(iii)     his representation if any;

 

(iv)    the orders of the case together with the reasons therefor.

Rule - 36. Joint Inquiry in respect of two or more employees.

When two or more Board employees are concerned in any case, the authority competent to impose the penalty of dismissal from service on all such Board employees or a higher authority may make an order directing that disciplinary action against all of them may be taken in common proceedings and specifying the authority which may function as the Inquiring Authority for the purpose of such common proceedings.

Rule - 37. Special procedure in certain cases.

Notwithstanding anything contained in rule 20 to 30 and 34 to 36.

(i)       Where a penalty is imposed on a Board employee on the ground of conduct which had led to his conviction on a criminal charge;

 

(ii)      Where a disciplinary authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules; or

 

(iii)     Where the Board, for reasons to be recorded in writing, is satisfied that in the interests of the Board, it is not expedient to follow such procedure;

The disciplinary authority may consider the circumstances of the case and pass such orders thereon as it deems fit.

Rule - 38. Orders not appealable.

There shall be no appeal against an order passed under the provisions of these rules, except as expressly provided in these rules.

Rule - 39. Appeals against orders of suspension.

A Board employee may appeal against an order of suspension to the authority to which the authority who made or is deemed to have made the order is immediately subordinate.

Rule - 40. Appeal against penalties.

An appeal from order imposing a penalty by the disciplinary authority shall lie to the appellate authority mentioned under Col. 4 on the table given under Rule 5.

Rule - 41. Appeal against other orders.

(1)     A Board employee may appeal against an order which

(a)      denies or varies to his disadvantage his pay, allowances or other conditions of service as regulated by the rules of the Board.

(b)      interprets to his disadvantage the provisions of any such law: to the authority which made such rules.

(2)     An appeal against an order,

(a)      reverting a Board employee, to a lower grade post or service from officiating in a higher service, grade or post, otherwise than as a penalty and

(b)      determining the pay and allowances for the period of suspension to be paid to a Board employee on his re-instatement or determining whether or not such period shall be treated as period spent on duty for any purpose shall lie, in respect of a Board employee, to the authority to whom the authority imposing the penalty is immediately subordinate.

Rule - 42. Limitation.

No appeal under rule 38 to 53 shall be entertained unless it is submitted within a period of sixty days of the receipt of the order appealed against.

Rule - 43. Form and contents of appeal.

Every person submitting an appeal shall do so separately and in his own name, the appeal shall be addressed to the authority to whom the appeal lies, shall contain all material statement and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.

Rule - 44. Submission of appeals.

Every appeal shall be submitted to the authority which made the order appealed against:

Provided that a copy of the appeal may be submitted direct to the appellate authority.

Rule - 45. Withholding of appeals.

The authority which made the order appealed against may withhold the appeal, if:-

(i)       it is an appeal against an order from which no appeal lies; or

 

(ii)      it does not comply with any of the provisions of rule 43 and 44 or

 

(iii)     it is not submitted within the period specified in rule 42 or

 

(iv)    it is repetition of an appeal already decided and no new facts or circumstances are adduced; or

 

(v)      it is addressed to an authority to which no appeal lies under these rules:

Provided that an appeal withheld on the only ground that it does not comply with the provisions of rules 43 and 44 shall be returned to the appellant and, if re-submitted within one month thereof after compliance with the said provisions, shall not be withheld.

Rule - 46. Withholding of appeal to be communicated.

Where an appeal is withheld, the applicant shall be informed of the fact and the reasons therefor. When the appeal is withheld, the authority withholding the appeal shall forward a copy of the order communicated to the Boards employee to the appellate authority.

Rule - 47. Transmission of appeals.

The authority which made the order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under rule 45 with his comments thereon and the relevant records.

Rule - 48. Appellate authority's power to call for appeals withheld.

The authority to which the appeal lies may direct transmission to him of an appeal withheld under rule 45 and thereupon such appeals shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.

Rule - 49. No appeal from an order withholding an appeal.

No appeal shall lie against the withholding of an appeal by a competent authority.

Rule - 50. Consideration of appeal against suspension.

In the case of appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rules and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or not and revoke the order accordingly.

Rule - 51. Construction of appeal against penalties.

(1)     In the case of an appeal against an order imposing any of the penalties specified in rule 13 of 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;

 

(c)      Whether the procedure prescribed in these rules have been complied with, and if so, whether such non-compliance has resulted in violation of any laws of the Board or in failure or justice;

 

(d)      Whether the findings are justified; and

 

(e)      Whether the penalty imposed is excessive, adequate or inadequate and pass order-

(i)       setting aside, reducing, conforming or enhancing the penalty; or

(ii)      remitting the case to the authority which imposed the penalty or to any higher authority with such direction as it may deem fit in the circumstances of the case;

Provided that:

(i)       appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent to the case to impose;

(ii)      no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such an enhanced penalty; and

(iii)     if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in items (v) to (viii) of rule 13 and an inquiry under rules 20 to 22 has not already been held in the case, the appellate authority shall subject to the provisions of rule 38, itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.

(2)     In the case of an appeal against an order specified in rule 41 the appellant authority shall consider all the circumstances of the case and pass such orders as it may deem just and equitable.

Rule - 52. Implementation of orders on appeal.

The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

Rule - 53. Procedure when the person who imposed penalty becomes the appellate authority.

Notwithstanding anything contained in rules 38 to 52 where the person who made the order appealed against becomes by virtue of his subsequent appointment or otherwise the appellate authority under rules 39 to 41 in respect of the appeal against such order, such person shall forward the appeal to the authority to which he is immediately subordinate and such authority shall in relation to that appeal be deemed to be the appellate authority for the purpose of rules 50 to 52.

Rule - 54. Revision.

Notwithstanding anything contained in these rules, where there is grave miscarriage of justice or a patents error on the facts in the record of the case of a subordinate authority, it shall be open to the Board at any time to call for the records and after examining them pass such orders as it may consider necessary.

Rule - 55. Review of original orders.

There shall be a review of original orders on application of delinquent, by the Board. There shall be only one review and application for review shall be made within a period of sixty days from the date of orders.

Rule - 56. Review of orders by appellate authorities.

The authority to which an appeal against an order imposing any of the penalties specified in rule 13 lies may, of its own motion, or otherwise, call for the records of the case in a disciplinary proceedings, review an order passed in such a case and pass such orders as it deems fit as if the employee had preferred an appeal against order:

Provided that no application for review shall be entertained after the expiry of a period of thirty days from the date of passing the order:

Provided further that no action under this rule shall be initiated more than one year after the date of the order to be reviewed.

Rule - 57. Submission of report.

Every authority other than the Board empowered to impose any of the penalties specified in rule 13 shall submit to the Board reports of cases where any of the aforesaid penalties have been imposed or whether an employee is suspended under rule 7 every appellate authority other than the Board shall likewise submit to the Board reports of cases disposed of by them.

Rule - 58. Removal of doubts.

If any doubt arises,

(a)      Whether these rules or any of them apply to any person; or

(b)      Whether any persons to whom these rules apply belong to a particular service;

(c)      As to the interpretation of any of the provisions of these rules, the matter shall be referred to the Board whose decision shall be final.

 

 



[1] Issued by Notification No. PCB/E1/3133/79 dated 28-8-1989 pub. in K.G. No. 39 dated 3-10-1989.