Section 91 in The Goa, Daman and Diu Secondary and Higher Secondary Education Rules, 1975
91. [ Disciplinary action against staff of the Board.] [Sr. No. 44 to 51 were renumbered as 88 to 95 by the Notification No. 18/Misc/1672/89-EDN(Part II) dated 27-12-2001 published in the Official Gazette, Series I No. 39 dated 28-12-2001.]
(1)Without prejudice to the provision of these Rules the following penalties may be inflicted on an employee of the Board guilty of negligence, misconduct, unsatisfactory work or for any other good and sufficient reason:(i)Warning or censure;(ii)Fine;(iii)Withholding of increment or promotion including stoppage at an efficiency bar;(iv)Recovery from pay or such other amounts due to him of the whole or part of any pecuniary loss caused to the Board by negligence or breach of orders;(v)Reduction to a lower post or grade or to a lower stage in his time scale of pay;(vi)Compulsory retirement;(vii)Removal from services;(viii)Dismissal.(2)The penalties mentioned in sub-clause (i) to (iv) of clause (1) above may be inflicted by the Secretary on any employee in Category 'C' of the Rule 44 working in the office of the Board. An appeal against any penalty inflicted under this sub-clause shall lie to Chairman.(ii)The penalties mentioned in sub-clause (i) to (iv) of clause (1) above may be inflicted by the Chairman of the Board on any employee of categories 'A' and 'B' working in the Office of the Board. An appeal against any such penalty inflicted by the Chairman shall lie to the Executive Council.(iii)No employee shall be subjected to any of the penalties mentioned in sub-clauses (v) to (viii) of clause (1) above, except by an order in writing signed by the Chairman and no such order shall be passed without a specific charge or charges being formulated in writing and given to the employee concerned and without giving him reasonable opportunity to answer them in writing and in person. His previous record of service shall also be taken into account. An appeal against such penalty inflicted by the Chairman shall lie to the Executive Council.(3)Every appeal shall comply with the following requirements :(i)It shall be written in English or Marathi or Hindi ;(ii)It shall be couched in polite and respectful language and shall be free from statements, allegations or insinuations not strictly relevant to the matter;(iii)It shall contain all material statements, explanations and arguments and shall be complete in itself.(iv)It shall specify the relief desired;(v)It shall be submitted through the proper channel.(4)An appeal may be withheld by the competent authority if;(i)it does not comply with the requirements of sub-clause (3) above;(ii)it is illegible and unintelligible;(iii)it repeats an appeal already rejected by the appellate authority and does not in the opinion of the competent authority disclosed any new points or circumstances which make reconsideration necessary;(iv)it deals with matter which does not concern the employee personally;(v)it is not preferred within one month of the date of the order against which the appeal is made;(vi)it is addressed to an authority to which no appeal lies under this Rule.(5)In every case in which an appeal is withheld, the competent authority shall communicate to the appellant the fact that his appeal has been withheld and reasons for withholding it.(6)An appeal which is not withheld under clause (4) above, shall be forwarded to the appellate authority with the comments of the competent authority as soon as possible.(7)In all other matters not covered in these Rules Conduct, Discipline and Appeal Rules of the Government shall apply to the employees of the Board.(8)For the purposes of clause (7) above, the Chairman of the Board shall have all the powers of a Head of the Department and the Executive Council shall exercise all powers vested in the Government, in so far as the employees of the Board are concerned.
