THE RAJASTHAN STATE ELECTRICITY BOARD EMPLOYEES (CLASSIFICATION, CONTROL & APPEAL) REGULATIONS, 1962

 

PREAMBLE

In exercise of the powers confrred by Section 79 of the Electricity (Supply) Act, 1948, the Rajasthan State Electricity Board, constituted by Rajasthan Government, Public works Department, Notification No. F. 11/OSD/PWD(57) dated the 28th June, 1957, is pleased to make the following Regulations, as per decision taken at the 41st meeting of the Board held on the 27th June, 1962 governing the classification, control and appeals preferable by the employees of the Board, a matter contemplated in Clause(c) of Section 79.

Regulation - 1. Short Title and date of effect.

These Regulations shall be called "Rajasthan State Electricity Board Employees (Classification, Control and Appeal) Regulations, 1962 and shall come into force w.e.f. 15-9-1962.[1]

Regulation - 2. Extent of application.

(i)       These Regulations, with such amendments as may be effected by Rajasthan State Electricity Board, from time to time, shall apply to all employees of the Board except:

(a)      Persons who are on deputation from the Government of India or from any State or Union Territories.

(b)      Persons for shose appointments and other matters covered by these Regulations special provision is made by or under any law for the time being in force, in regard to matters covered by such law.

(c)      Persons governed by Labour Laws, Factory Legislations and Regulations.

(d)      Persons in casual employment.

(e)      Persons subject to discharge from service on less than one months notice,

(f)       Persons employed on special contract in regard to provisions made in their contract or agreement or persons engaged on retention-cum-fee, part-time or any other basis as consultants/advisers or counsels for legal professional or any other purpose.

(ii)      Notwithstanding the above provisions, the Board may exclude wholly or in part from operation of these regulations any person or group of persons.

(iii)     If any doubt arises :

(a)      Whether these Regulations or any of them may appply to any person , or

(b)      Whether any person to whom these Regulations apply belongs to a particular service.

The matter shall be referred to the Board whose decision thereon shall be final.

Regulation - 3.

(i)       The Board means the Rajasthan State Electricity Board as constituted under Section 5 of the Electricity (Supply) Act,1948.

(ii)      "Appointing Authority in relation to an employee is (i) the authority empowered to make appointments to the service , of which the employee is for the time being a menber or to the grade of the Service in which the employee for the time being is included or (ii) the authority empowered to make appointment to the post which the employee for the time being holds.

(iii)     Disciplinary Authority in relation to the imposition of a penalty on an employee means the authority competent to impose on him that penalty.

(iv)    Emoloyee means any person employed by the Board on payment of wages or salary for any kind of work, manual or otherwise, and does not include the employee governed by Labour Laws, *[and persons engaged on retention-cum-fee, part-time or any other basis as consultants, advisers or counsels for legal, professional or any other purpose.

(v)      Chairman means Chairman of the Board appointed under Section 5(5) of the Indian Electricity (Supply) Act,1948.

(vi)    All other terms and phrases used and not defined in these Regulations, shall have the same meanings as defined in the Service Regulations, applicable to the employees.

Regulation - 4. Classification of employees.

Subject to any modification that the Board may decide from time to time, the employees of the Board shall be classified as follows:-

Class I: All Officers, the minimum of whose pay scale is *Rs.3000/-, mensum and above or those specifically classed as such by the Board.

Class II: All Officers, the minimum of whose pay scale is *Rs.2200/- above but less than *Rs.3000/- or those specifically classed as such by the Board.

Class III: All employees not included in Class I, II-, or IV.

Class IV: All employees holding posts enumerated in Schedule I to these Regulations and other employees of similar level, and such other employees as the Board may from time to time determine.

Regulation - 5. Penalties.

(1)     The appointing authority or any authority higher than the appointiong authority or any lower authority to whom powers may be delegated by the Board in this behalf may inflict on an employee the penalties specified below for good and sufficient reasons which shall be recorded:-

(a)      Censure.

(b)      Withholding or postponing of increments or promotion permanently or for specified period.

(c)      Fine.

(d)      Recovery from pay of the whole or part of any pecuniary loss caused to the Board by negligence or lapse or breach of any law, rule or order.

(e)      Reducing to a lower class, grade or post or to a lower time scale or in the case of pension or reduction in Boards contrbution to the Contributory Provident Fund, to an amount lower than that due and admissible under the Regulations.

(f)       Compulsory retirement before attaining the age of superannuation.

(g)      Removal from service.

(h)     Dismissal.

Penalties, mentioned at serial Nos. (a) to (d) are minor ones and those at S. Nos. (e) to (h) are major ones.

(2)     List of authorities competent to make appointment to various posts in the Board and to impose punishments upon and hear appeals from the employees of the Board is given in Schedule-ll of these Regulations.

(3)     The following shall not amount to penalty within the meaning of this Regulation:-

(i)       Withholding of incerment for failure to pass an examination in accordance with the rules or orders governing the terms of his appointment or conditions of service.

(ii)      Stoppage of efficiency bar on grounds of unfitness to cross the bar.

(iii)     Non-promotion after due consideration of the case, to a grade or post to which an employee may be eligible.

(iv)    Reversion to a lower grade or post on the ground that an employee is considered after trial to be unsuitable for the post or grade.

(v)      Termination of the servies of a probationer, temporary employee or an employee appointed on contract during or at the end of the period of probation, on the expiry of the period of temporary appointment or in accordance with the terms of contract respectively.

[2][(vi) Termination of contract of service under Regulation 21 of the Rajasthan State Electricity Board Employees Service.Regulations,1964.

Regulation - 6. Imposition of minor penalties.

Without prejudice to the provisions of any law for the time being in fore, order imposing upon an employee any of the minor penalties specified at items No.(a) to (d) of Regualtion 5 shall not be passed except after:

(a)      The employee is informed in writing, of the proposal to take action action against him and of the allegations on which it is proposed to take action and given an opportunity to make any representation he may wish to make.

(b)      Such representation, if any, is taken into consideration by the Disciplinary Authority.

Regulation – 7.[(1) Imposition of major penalties.

(i)       Without prejudice to the provisions of any law for the time being in force no order imposing on an employee any of the penalties specified at items No. (e) to (h) of Regulation 5 shall be passed, except after an enquiry held, as far as possible, in the manner detailed hereafter.

(ii)      The Disciplinary Authority shall frame definite charges on the basis of the allegation on which the enquiry is proposed to be held. Such charges together with a statement of allegations, On which they are based, .shall be communicated, in writing, to the employee concerned and he shall be required to submit, within the period specified by the Authority, a written statement indicating whether he admits the truth of all or any of the charges, what explanation or defence if any ,he has to offer and whether he desires to be heard in person.

(iii)     The employee shall, for the purposes of preparing his defence, be permitted to inspect and take extracts from such records of the Board, as he may specify provided that the disciplinary authority may refuse such permission in discretion for sufficient reasons, which should be recorded, but need not be communicated.

(iv)    On receipt of the written statement of defence, or if no such statement is received within the time specified, the disciplinary authority may itself enquire into such of the charges as are not admitted or if it considers it necessary to do so, appoint a Committee of Inquiry or an Inquiry Officer for the purpose. Provided that where the Board is the disciplinary authority or in case of joint enquiry including any officer/official in whose case Board is the disciplinary authority , the Chairman shall be authorised to appoint inquiry Officer/Presenting Officer to conduct regular departmental enquiry.

(v)      The disciplinary authority may nominate any person to present the case in support of the charge before the Inquiring authority. [3][The employee may present his case with the assistance of another employee appointed by the disciplinary authority/Secretary,(where the Board/Chairman/Member of the Board is the disciplinary authority) but may not engage a legal practitioner for the purpose unless the person nominated by the disciplinary authority/Secertary, as the case may be, is a legal practitioner, or unless the disciplinary authority/Secretary, as the case may be, having regard to the circumstances of the case, so permits provided that the Board employee shall not be allowed to be appointed as Assisting Officer in more than one departmental enquiry. For so long as he continues to be the Assisting Officer in one enquiry, he should not be allowed to become the Assisting Officer in another enquiry.

[4][Boards Instruction : To Assist delinguent. - Consent for.- On the request of a delinquent when an Officer/Official wishes to give consent to assist the delinquent in a departmental enquiry as prescribed-in Regulation 7(1) (v) he may seek prior approval from the disciplinary authority or from the Secretary where the Board or the Chairman or Member of the Board is the disciplinary authority before giving his consent to act as Assisting Officer. The Disciplinary Authority/Secretary,as the case may be, befroe according approval, shall take into consideration the following:-

(a)      the work of such Officer/Offical will not suffer.

(b)      as far as possible such Assisting Officer/Official is posted at the place where the enquiry is held, and

(c)      the enquiry will not be effected prejudiciously due to his being higher officer in rank which may adversely effect the withnesses who have been summoned to give evidence.

(vi)    The Inquiring Authority shall, in the course of the inquiry consider such documentary evdence and take such oral evidence as may be relevant or material in regard to the charges. The employee shall be entitled to cross examine witnesses examined in support of the charges and to give evidence in person. The person presenting the case in support of the charges shall be entitled to cross examine the employee and the witness examinee in his defence. The inquiring Authority may decline to examine any witness on the ground that his evidence is not relevant or material.

[5][(vii) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiry Authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Board employee or may itself call for new evidence or recall or re-examine any witness and in such case the Board employee shall be entited to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the enquiry for three clear days before the production of such no evidence, exclusive of the days of adjournment and the day to which enquiry is adjourned.The Inquiring Authority shall give the Board employee an opportunity of inspecting such documents before they are taken on the record. The Inquiring Authority may also allow the Board employee to produce new evidence, if it is of the opinion that production of such evidence is necessary in the interest of justice.

[6][Addition Evidence. - "The Inquiry Authority may further at its discretion call for additional envdence/relevant record/any other material to probe into the matter where the Presenting Officer/Charge- sheeted employee fails to produce the same which the Inquiry Authority considers it necessary for finding the truth.

(viii) At the conclusion of the inquiry , the Inquiring Authority shall prepare a report of the inquiry recording its findings on each of the charges together with the reasons therefore and shall send the report to the Disciplinary Authority, along with the record of inquiry, consisting of statement of charges and statement of allegations given to the employee, his written defence, evidnce, oral and docomentary, in the course of inquiry.

[7][(viii) (a) A copy of the report of the Enquiry Officer with the recommendations, if any, as to punishment in the matter of proposed punishment to be inflicted, shall be supplied to the employee to make his representation, if he likes to do so, aganist the conclusions and recommendations of the Enquiry Officer.

(ix) The Disciplinary Authority shall consider the record and findings of the Enquiry Officer and may agree with the report or may differ, either wholly or partially from the conclusions recorded by the Enquiry Officer ip his report. The disciplinary authority shall record its finding on each charge, if it finds the employee guilty whether he agrees with the findings of the Enquiry Officer wholly or partially or differs from these findings.

(ix)   (a) If he report of the Enquiry Officer records findings in favour of the employee with which the disciplinary authority agrees the disciplinary authority may make an order exonerating the employee of the charges framed against the employee.

(x)   If the Disciplinary Authority is of the opinion that any of the penalties specified at numbers (a) to (d) in Regulation 5, should be imposed, it shall pass orders accordingly and if the Disciplinary Authority having regard to its findings on the charge, is of the opinion that any of the penalties specified at serial numbers (e) to (h) should be imposed, it shall make an order imposing such penalty and it shall not be necessary to give the employee any opportunity of making representation on the penalty proposed to be imposed.

[8][(x) (a) Save as otherwise provided in Clause (viii)(a) nothing contained in the principles of natural justice, shall require the Disciplinary Authority to give to the employee a copy of the grounds on which he has disagreed wholly or partially with the findings of the Enquiry Officer.

[9][7. (2) The procedure detailed above need not be followed or any of its provisions waived in the following cases:

(a)      When the person charged admits the charge or charges.

(b)      When the order of punishment such as dismissal, removal or reduction is based on factds, which have led to the conviction of the person in a criminal court,on a charge involving moral turpitude.

(c)      When the person charged has absconded or when it is for other resasons impracticable or difficult to communicate with the person concerned.

(d)      When the Disciplinary Authority is satsfied that it is not practical to follow the procedure prescribed in these regulations or to follow such procedure is not in the interest of the Board.][10]

Regulation - 8. Joint Enquiry.

(1)     When two or more employees are concerned or involved in any mis-conduct, the Board, Chairman or any other authority competent to impose any major penalty or to issue or serve statement of charges and allegations on such employees, may make an order, directing that disciplinary action against all of them may be taken in common proceedings

(2)     Such order shall specify:-

(i)       the authority which shall function the Disciplinary Authority for the purpose of such common proceedings,

(ii)      the penalties specified in Regulation 5 which such disciplinary authority shall be competent to impose under these regulations,

(iii)     whether the procedure prescribed in Regulation 6 or 7 (1) may be followed in the proceedings:

Provided that where any one or more of the employees accuse each other, such order shall direct that such cross cases shall be enquired into seperately but all such enquiries shall be held simultaneously or in quick succession by the same Enquiry Officer, so as to avoid conflicting findings and diferent apraisal of the same evidence or material produced by the person nominated to present the cases of the said employees in support of the charges against them.

Regulation - 9. Suspension.

(1)     The Appointing Authority or any authority to which it is subordinate or any other authority empowered by the Board in that behalf may place a Board employee under suspension:-

(a)      Where the 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.

(2)     An employee of the Board who is detained in custody on a criminal charge or otherwise, for a period exceeding forty eight hours, shall be deemed to have been suspended w.e.f. the date of detention by an order of the Appoiniting Authority and shall remain under suspension until further orders.

(3)     Where the penalty of dismissal, removal or compulsory retirement from service imposed upon a Board employee under suspension is set aside In appeal or on review under these Regulations and the case Is remitted for further enquiry 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 dimissal, removal or compulsory retirement and shall remain in force untill further orders.

(4)     Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Boards employee is set- aside or declared or rendered void in consequence or by a decision of a court of law and the disciplinary authority on a consideration of the circumatances of the case,decides to hold a further enquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirment was originally imposed, the Boards employee shall be deemed to have been placed under suspension by the Appoining Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension untill further orders.

(5)     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 by any authority to which that authority is subordinate.

Regulation - 10. Condition which an appeal should satisfy.

Every appeal shall comply with the following requirements:

(i)       It shall be signed and couched in polite and respectful language and be free from un-necessary padding or superfluous verbiage. It shall contain all material statements and arguments relied on and shall be complete in itself.

(ii)      It shall specify the relief desired.

(iii)     It shall be submitted through proper channel.][11]

(iv)    It shall be filed within one month from the date on which the appellant received the copy of the order appealed against.

Provided that the appellate authority may entertain the appeal after the expiry of the said period if it is satisfied that the appellant had sufficient cause for not submitting the same in time.

Regulation - 11. Withholding of appeals.

(1)     The authirity which made the order appealed against, may withhold an appeal if;

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

(ii)      it does not comply with any of provisions of these regulations; or

(iii)     it is not submitted within the period specified and no cause is shown for the delay or

(iv)    it is repitition of an appeal already decided and no new facts or cireumstances are adduced:

Provided that an appeal withheld on the ground only that it does not comply with the conditions which an appeal should satisfy shall be returned to the appellant and, if resubmitted within one month, thereof, after compliance with said provision, shall not be withheld.

(2)     Where an appeal is withheld the appellant shall be informed of the fact and the reasons thereof and the fact shall be brought to the notice of the next higher authority.

Regulation - 12. Transmission of appeals.

(1)     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 Regulation 11,trogether with its comments thereon and relevant record.

(2)     The authority to which the appeal lies may direct transmission to it of any appeal withheld under Regulation 11, and thereupon, such appeal shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.

Regulation - 13. [Consideration of appeals.

(1)     The Apellate Authority after giving reasonable opportunity of hearing to the appellant shall consider:-

(a)      Whether the procedure laid down In these regulations has been complied with, and if not, whether such non-compliance has resulted in the failure of justice, or

(b)      Whether the findings of the disciplinary authority, or of the Enquiry Officer are warranted by the evidence on the record, or

(c)      Whether the penalty impose is adequate, inadequate or severe and may pass orders:-

(i)       Setting aside, reducing, confirming or enhancing the penalty; or

(ii)      remitting the case to the authority which imposed the penalty or to any other officer or authority with such directions as it may deem fit in the circumstances of the case.

Provided that such other officer or authority to which the case is remitted shall not be lower in rank to the Appointing Authority in relation to the delinquent.

(3)     the Apellate Authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose;

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

(5)     if the enhanced penalty which the Appellate Authority proposes to impose is one of the penalties specified in Clause (e) to (h) both inclusive, of Regulation-5, an enquiry in Regulation-7, has not already been held, the appellate authority shall, itself hold such enquiry or direct that such enquiry be held and thereafter on consideration of the proceedings of such enquiry and after giving the appellant an oportunity of being heard, pass such orders as it may deem fit.][12]

Regulation - 14.

The order pased will be communicated to the appellant and the authority which made order appealed against.

Regulation - 15. Implementation of orders In appeal.

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

Regulation - 16.

The authority to which an appeal against an order imposing any of the penalties specified in Regulation 5 lies, may, if no appeal has been preferred therefrom, of its own motion or otherwise, call for and' examine the records of the case in a disciplinary proceeding held by an authority subordinate to it and after making furhter Investigation If necessary ;

(a)      confirm, modify or set-aside the order, or

(b)      impose any penalty or set aside, reduce, confirm or enhance the penalty Imposed by the order,

(c)      remit the case to the authority which made the order or any other authority, directing such further action or inquiry as It considers, or

(d)      pass such order as it deems fit.

Provided that.

(1)     An order imposing or enhancing a penalty shall not be passed, unless the employee concerned has been given an opportunity of making any representation which he wishes to make against such enhaced penalty.

(2)     If the Appellate Authority proposes to impose any of the penalties specified in clause (e) to (h) of Regulation 5, in a case where an enquiry under Regulation 7(1) has not been held, it shall subject to the provisions of regulation 8 direct such an enquiry to be held and thereafter on consideration of the proceedings of such enquiry and after giving the person concerned an opportunity of making any representation pass such orders as it deems fit.

(3)     No action under this regulation shall be initiated more than six months after the date or order to be revised.

Regulation - 17.

No suit, prosecution or other legal proceedings shall lie against the Board or its Officers to whom powers have been delegated to act under these regulations for anything which is in good faith done or intended to be done in pursuance of the provisions of these regulations.

Save as provided in these regulations, no decision given shall be held in question and no action shall be reversed merely for reasons of any technical flaw in the prceedings or of immaterial and inconsequential deviation from the prescribed procedure.

Regulation - 18.

No appeal shall lie against any order passed by the Board imposing any of the penalties specified in these regulations.

Regulation - 19.

The Disciplinary Authority for the employees of the erstwhile E&M Department transferred to the RSEB shall be the authority as defined in the RSEB C.C.A. Regulations. Notwithstanding anything contained in these regulations, in all cases in which action has been taken in the disciplinary cases against employees of the erstwhile E&M Department by the Govt. before their absorption in the Boards service shall also be deemed to have been taken by the Board under these regulations and further proceedings in such cases will be taken by the Board.

 

SCHEDULE – I

CLASS IV SERVICE

(1)     Bhishtis

(2)     Binders and Assistant Binders

(3)     Bundle.Lifters

(4)     Cartmen

(5)     Chowkidars

(6)     Cleaners (Vehicles)

(7)     Daffedars

(8)     Daftries

(9)     Farrashes

(10)   Gardeners (Halls,Malis, Chaudharies etc.)

(11)   Gate Pass Checkers

(12)   Gate Keepers and Gate.Sergeants

(13)   Guards

(14)   Jamadars

(15)   Khalasis

(16)   Mechanices (Not attached to Technical Establishment Power Houses, Workshops & Sub-Stations)

(17)   Orderlies

(18)   Peons

(19)   Record Lifters

(20)   Sawars such as Cycle Sawars

(21)   Sweepers

(22)   Caretaker

 

SCHEDULE – II

Statement showing the Appointing/Disciplinary and Appellate Authorities in respect of various cadres in RSEB

Foot Note.

(1)     The time scale of pay in respect of each post shall be such as may be prescribed by the Board from time to time.

(2)     Head of Deptt./Senior Officers will have inherent powers to exercise the disciplinary powers delegated to their subordinate Officers.

(3)     The statement of charges/ allegations on Officers, in whose case the Board is the Appointing Authority, shall be framed and served upon the Delinquent Officers under the Authority of the Chairman.

(4)     W.T.Ms will be competent authority to finally dispose off the appeals of the delinquent employees upto the rank of AENs against the imposition of penalty awarded by the Disciplinary Authority.Chairman for which Board is the Appellate Authority at present and give personal hearing if anyone desires so.

(The above Schedule has been substituted in place of the old Schedule.II, as per approval accorded by the Board vide order No. RSEB / F&F/F. 9(2)11111-2 dt. 12-1-1994.)