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[Cites 0, Cited by 0] [Section 51] [Entire Act]

Union of India - Subsection

Section 51(2) in The Insolvency and Bankruptcy Board of India (Employees' Service) Regulations, 2017

(2)Penalties under clauses (a), (b), (c), (d) and (e) of sub-regulation (1) shall be classified as minor penalties, while under sub clauses (f), (g), (h), (i) and (j) shall be classified as major penalties:Provided that the following shall not amount to a penalty within the meaning of this regulation, namely:
(i)withholding of one or more increments of an employee on account of his failure to pass a specified departmental test or examination in accordance with the terms of appointment to the post which he holds;
(ii)stoppage of pay of an employee at the efficiency bar in a time scale, on the ground of his unfitness to cross the bar;
(iii)non-promotion whether in an officiating capacity or otherwise, of an employee, to a higher grade or post for which he may be eligible for consideration but for which he is found unsuitable after consideration of his case;
(iv)reversion to a lower grade or post, of an employee officiating in higher grade or post, on the ground that he is considered to be unsuitable for such higher grade or post, or on administrative grounds unconnected with his conduct;
(v)reversion to his previous grade or post, of an employee appointed on probation to another grade or post, during or at the end of the period of probation, in accordance with the terms of his appointment or regulations or orders governing such probation;
(vi)termination of the service of an employee appointed on probation, during or at the end of the period of probation, in accordance with the terms of his appointment, or the regulations or orders governing such probation;
(vii)termination of employment of an employee on medical grounds, if he is declared unfit to continue in the Board's service by the Medical Officer authorized by the Board; and
(viii)retirement of an employee in accordance with the proviso to sub-regulation (2) of regulation 9.