Section 27 in Tamil Nadu Labour Welfare Board Service Regulations, 1989
27. Disciplinary proceedings.
- The following penalties may, for valid reasons and as hereinafter provided, be imposed upon the employees of the Board, namely:-(1)Censure.(2)Fine.(3)Withholding of increments or promotion.(4)Reduction to a lower rank in the seniority list or to a lower post or time scale, or to a lower stage in a time scale.(5)(a)Recovery from pay of the whole or part of any pecuniary loss caused to the Board by negligence of creche or orders or;(b)Recovery from pay to the extent necessary of monetary value equivalent to the amount of increments ordered to be withheld, where such an order cannot be given effect toExplanation. - In case of stoppage of increment with cumulative effect, the monetary value equivalent to three times the amount of increment ordered to be withheld may be recovered.(6)Suspension where a person has already been suspended under regulation 27 to the extent considered necessary by the authority imposing the penalty.(7)Removal from Service of the Board.(8)Dismissal from Service of the Board.Explanation I. - Discharge from Service of the Board.(a)Where the Regulations specially made for any service prescribe a period of probation for appointment as a full member of the service or where such period of probation has been extended under regulation 11, the appointing authority may at any time before the expiry of the prescribed or extended period of probation as the case may be-(i)discharge a probationer from the service for want of vacancy according to the juniority following the principles of "First come last Go"; or(ii)at the discretion of the appointing authority in cases where by reason of disciplinary proceedings for imposition upon the probationer of the penalties specified under (4), (7) and (8) under the above regulation, a reasonable opportunity has been given and at the conclusion of disciplinary proceedings, if a conclusion has been arrived to terminate the probation the probationer can be discharged:Provided that an opportunity to show cause against the proposed termination has to be given in all the other cases envisaging imposition of punishments specified in items (1), (2), (3) and (6) upon a probationer where termination of probation is to be effected as a result of disciplinary action.(b)If within the period of probation, a probationer fails to acquire the qualifications or to pass Special Tests, if any prescribed for his retention in the same service, the appointing authority shall discharge the probationer unless his probation is extended under regulation 11:Provided that where the results of the prescribed tests in which the probationer has appeared are not known before the expiry of the period of probation, he shall continue to be on probation until the publication of the results of the tests or examinations:Provided further that any delay in the issue or orders discharging a probationer under clause (b) shall not entitle the probationer to be deemed to have satisfactorily completed his probation.(c)of a person engaged under contract, in accordance with the terms of his contract; or(d)of a person appointed otherwise than under contract to hold a temporary appointment does not amount to removal or dismissal within the meaning of this regulation;(e)for discharging a person described in any of the above three categories, no notice will be given nor will be reasons assigned.Explanation II. - The removal of a person from the service of the Board shall not disqualify him from future employment, but the dismissal of a person from the service of the Board shall ordinarily disqualify him from future employment.
