(1)Every member of Service referred to in Section 108 and every employee of a Municipality referred to in section 109, shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed or awarded such other punishments, as may be prescribed, for breach of any departmental rules or regulations or for indiscipline or for carelessness, unfitness, neglect of duty or other misconduct, by such authority, as may be prescribed :Provided that no such officer or other employee as aforesaid, shall be reduced in rank, compulsorily retired, removed or dismissed by an authority, subordinate to that by which he was appointed.(2)No such officer or other employee shall be punished under sub-section (1), unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:Provided that the provisions of this sub-section shall not apply, -(a)where an officer or other employee is removed or dismissed on the ground of conduct, which has led to his conviction on a criminal charge; or(b)where the authority empowered to remove or dismiss such officer or other employee is satisfied that for reasons to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.(3)If any question arises whether it is reasonably practicable to give to an officer or other employee an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee, shall be final.(4)An officer or other employee upon whom a punishment has been inflicted, under this section, may appeal to such officer or authority as may be prescribed.(5)Notwithstanding anything contained in this Act, in the case of employees referred to in sub-section (1) of section 109, if in the opinion of the Government, any employee of a Municipality is negligent in the discharge, of his duties, the Municipality shall on the requirement of the Government, suspend, fine or otherwise punish him : and if in the opinion of the Government, he is unfit for his employment, the Municipality shall dismiss him :Provided that before requiring the Municipality to suspend, fine or otherwise punish any employee or before declaring any employee as unfit for employment, the Government shall give to concerned employee an opportunity of being heard.Reservation
