Section 43 in Punjab Women and Children Development and Welfare Corporation Staff Regulations, 1986
43. Penalties.
(1)Without prejudice to the provisions of other regulations, an employee who commits a breach of the Regulations of the Corporation, or takes part in a strike, or induces others to go on strike, or shows wilful insubordination or disobedience or displays negligence, in-efficiency or indolence or divulges unauthorisedly any information or documents, or knowingly does anything detrimental to the interests or prestige of the Corporation or commits thefts, pilferage, fraud, dishonesty, mis- appropriation, defalcation and embezzlement, or overstays on leave, except under circumstances beyond control, provided that the appointing authority may order such period to be treated as period spent on leave of any kind, participates in anti-national activities, or becomes insane or commits a breach of discipline or is guilty of any other act or misconduct or misbehaviour, shall be liable to the following penalties:-Minor penalties. -(i)Censure;(ii)Withholding of promotion;(iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the Corporation by negligence or breach of orders;(iv)withholding of increments of pay.Major penalties. -(v)reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not an 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 future increments of his pay;(vi)reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of an employee to the time- scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which an employee was reduced and his seniority and pay on such restoration to that grade, post or service;(vii)Compulsory Retirement.(viii)removal from service which shall not be a disqualification for future employment;(ix)dismissal from service which shall ordinarily be a disqualification for future employment.Explanation. - The following shall not amount to a penalty within the meaning of this rule, namely :-(i)withholding of increments of pay of an employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;(ii)stoppage of an employee at the efficiency bar in the time scale of pay on the ground of his unfitness 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 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 and orders governing such probation.(vi)compulsory retirement of an employee in accordance with the provisions relating to his superannuation or retirement.(vii)termination of 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 and orders governing such probation; or(b)of a temporary employee appointed otherwise than under contract, for a specific period on the expiration of the period of the appointment or on the abolition of the post or before the due time in accordance with the terms of his appointment; or(c)of an employee employed under any agreement, in accordance with the terms of such agreement.(2)No employee shall, after the enforcement of these Regulations, be subjected to the penalties in sub-regulation (1) except by an order in writing of the appointing authority, and no such order shall be passed without the charge or charges being formulated in writing and given to the said employee so that he shall have reasonable opportunity to answer them in writing or in person as he prefers, and in the latter case his defence shall be taken down in writing and read to him. Such an employee shall also be given an opportunity to cross-examine the witnesses against him if any;Provided that the requirement of this sub-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 Court Martial 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 requirement of this sub-regulation are waived, the reasons for so doing shall be recorded in writing.Provided further that any punishment to an employee on deputation from State/Central Government or a Government Co-operative institution or any other Corporation/Board/autonomous body shall be imposed only in accordance with the procedure and rules/regulations laid down in this behalf in his parent service.(3)An employee may be placed under suspension by order in writing of the appointing authority for the purpose of holding an enquiry into the charges against him during the period of suspension, he shall be entitled to subsistence allowance equal to one half of substantive pay plus allowance thereon, provided that if no penalty under clause (ii) to (ix) of sub- regulation (i) is imposed, the employee shall be refunded the difference between his substantive pay and the emoluments which he would have received but for such suspension on his reinstatment for the period he was under suspension and that if a penalty is imposed upon him under the said clause, no order shall be passed which shall have affect of compelling him to refund such subsistence allowances.The period during which an employee is under suspension shall, if he is not dismissed from service be treated as period spent on duty or leave or as the appointing authority may direct; provided further that the employee on deputation shall be suspended only in accordance with the procedure and rules/regulations applicable to him in his parent service.(4)The appointing authority may delegate the conduct of any enquiry against an employee required under sub-regulations (2) and (3) to such officer or officers of the Corporation by nomination in writing in that behalf.(5)(a)An employee who absents himself from duty without leave, except under circumstances beyond his control for which he must tender a satisfactory explanation shall not be entitled to draw any pay and allowance in respect of the period of such absence and shall further be liable to such penalties as the appointing authority may impose. The period of such absence may, if not followed by termination of services under regulations 19 or 20 or removal or dismissal under regulations 43 be treated as period spent on leave of the kind due as the appointing authority may determine.(b)An employee who is habituality late in attendance shall, in addition to such other penalty as the appointing authority may deem fit to impose, have one day of casual leave forfeited for every three late attendance of less than 2 hrs. each. Where such an employee has no casual leave due to him, the period of leave to be so forfeited may be treated as extraordinary leave or leave of the kind due as the appointing authority may determine.
