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Union of India - Section

Section 9 in The Khadi And Village Industries Commission Employees (Classification, Control And Appeal) Regulations, 2003

9. Penalties.

- The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an employee of the Commission, namely:-Minor Penalties
(i)censure;
(ii)withholding of his promotion;
(iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the Commission by negligence or breach of orders;
(iv)reduction to a lower stage in the time-scale of pay for a period not exceeding 3 years, without cumulative effect and not adversely affecting his pension.
(v)withholding of increments of pay;
Major Penalties
(vi)save as provided for in clause (iv), reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the furture increments of his pay;
(vii)reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the employee to the time scale of pay, grade, post or service from which he vas reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the employee was reduced and his seniority and pay on such restoration to that grade, post or service;
(viii)Compulsory retirment;
(ix)removal from service of the Commission which shall not be a disqualification for future employment in the Commission or Government;
(x)dismissal from service which shall ordinarily be a disqualification for future employment in the Commission or Government;
Provided that, in every case in which the charge of possession of assets disproportionate to known source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (ix) or clause (x) shall be imposed;Provided further that in any exceptional case and for special reasons recorded in writing any other penalty may be imposed.Explanation. - The following shall not amount to a penalty within the meaning of this regulation, namely:
(i)withholding of increment of an employee on account of his failure to pass any departmental examination which may have been prescribed governing his service condition;
(ii)stoppage of an employee at the Efficiency Bar in the time scale of pay on the ground of his un-fitness to cross the bar;
(iii)non-promotion of an employee, whether in a substantive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible:
(iv)reversion of an employee officiating in a higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post or on any administrative ground unconnected with his conduct;
(v)reversion of an employee appointed on probation to any other service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules, regulations and orders governing such probation;
(vi)replacement of the services of an employee, whose services had been borrowed from a State Government or any authority under the control of a State Government, at the disposal of the State Government or the authority from which the services of such employee had been borrowed;
(vii)compulsory retirement of an employee in accordance with the provisions relating to his superannuation or retirement;
(viii)termination of the services
(a)of an employee appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules, regulations and orders governing such probation, or
(b)of a temporary employee, or
(c)of an employee, employed under an agreement, in accordance with the terms of such agreement.
Part-VI Procedure For Imposing Major Penalties