Section 37 in The Rajasthan Financial Corporation (Staff) Regulations, 1958
37. Penalties.
(1)Without prejudice to the provisions of other Regulations, an employee who commits a breach of the Regulations of the Corporation or who displays negligence inefficiency or indolence or who knowingly does anything detrimental to the interests or prestige of the Corporation or in conflict with its instructions, or who commits a breach of discipline or is guilty of any other act of misconduct or misbehaviour, shall be liable to the following penalties(a)[ Censure; [Substituted by Amendment Notification dated 19-12-2001, Rajasthan Gazette, Extraordinary, Part VII, dated 4-1-2002, Page 179.](b)With-holding or postponement of increments or promotion;(c)Permanent stoppage of increment;(d)Recovery from pay of the whole or part of any pecuniary loss used to the Corporation by negligence or breach of orders;(e)Reduction to a lower post or grades on a fixed pay of a time scale or to a lower stage in a time scale;(f)Fine;(g)Compulsory Retirement;(h)Removal;(i)Dismissal.](2)[ No employee shall be subjected to the penalties in clauses (b), (c), (d), (e), (f), (g), (h) or (i) of sub-regulation except by an order in writing signed by the Managing Director and the disciplinary authority empowered to impost such penalty and no such order shall be passed without the charge or charges being Formulated in writing and given to said employee so that he shall have reasonable opportunity to answer them in writing or in person, as he prefers, and in the later case his defence shall be taken down in writing and read to him, provided that the requirements of the Regulation may be waived if the facts on the basis of which action is to be taken have been established in a court of law or where the employee has absconded or where it is for any other reason impracticable to communicate with him or where there is difficulty in observing them and the requirement can be waived without injustice to the employee. In every case where all or any of the requirements of this regulation are waived, the reason for so doing shall be recorded in writing.] [Substituted by Notification dated 19-12-2001, Rajasthan Gazette, Extraordinary, Part VII, dated 4-1-2002, Page 179.](3)An employee may be placed under suspension by the Managing Director provided that, in the case of an employee in Class 'A', the Managing Director shall report all the facts of the case known to him to the Board at its first meeting after the issue of the orders of suspension and thereupon the Board shall appoint one of its members other than the Managing Director, to told an inquiry into the charges against such employee and to make a report to the Board. During such suspension, the employee shall receive subsistance allowance equal to one half of his average pay [and shall also receive dearness allowance equal to one half of the dearness allowance to which, he would have entitled if he were not under suspension] [Inserted by Amendment Notification dated 15-11-1961, Rajasthan Gazette, Part IV-C, dated 14-12-1961.] provided that if the suspension is held by the Board to be wholly unjustified or the employee is fully exonerated, the period of suspension shall be treated as on duty and the employee shall be entitled to the difference between his Subsistence allowance and the emoluments which he would have received but for such suspension for the period he was under suspension. In any other case, the employees shall be entitled to only such proportion of pay and allowance as the Board may decide on the recommendations of the enquiry officer after deducting the amount of Subsistence allowance and dearness allowance drawn during the period of suspension provided that the Board shall not pass any order which shall have the effect of compelling the employee to refund the amount drawn by him by way of Subsistence and dearness allowance during the period of suspension, if he were not under suspension.Section 2 - Appeals
