Section 5 in West Bengal Municipal Employees' (Classification, Control, Appeal and Conduct) Rules, 2010
5. Penalty.
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an employee namely :(i)censure;(ii)withholding of increment or promotions.Explanation. An increment shall ordinarily be drawn as a matter of course unless it is withheld. When an increment is ordered to be withheld, the authority passing the order shall state the period for which it is to be withheld and whether the postponement shall have the effect of postponing future increment and if so, for how long. Where the order fails to specify clearly for what period the employee is to be deprived of his increments the deprivation shall be held to cease on the expiry of the period during which the employee would have drawn the increment initially withheld. Moreover, unless the order provides otherwise, the employee shall when the deprivation ceases, be restored in all respects to the same position in the time scale as he would have occupied had the order not been passed.(iii)recovery from pay of the whole or part of any pecuniary loss caused to the Local Body by negligence or breach of orders;(iv)reduction to a lower stage in the time-scale of pay for a specified period;Note : There shall be directions as to whether or not the employee will earn increment 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;(v)reduction to a lower time scale of pay, grade, post or service;Note : There shall ordinarily a bar to the promotion of the employee to the time scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of the restoration to the grade, post or service from which the employee of the Local Body was reduced and his seniority and pay on such restoration to that grade, post or service;(vi)compulsory retirement;(vii)removal from service;(viii)dismissal from service, which shall ordinarily be a disqualification for future employment under the Local Body.Explanation : The following shall not amount to a penalty within the meaning of this rule, namely:-(i)non-promotion, whether in a substantive or officiating capacity, of an employee after consideration of his case to a service, grade or post for promotion to which he is eligible;(ii)reversion to a lower service, grade or post of an employee officiating in a higher service, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher service, grade or post or on administrative grounds unconnected with his conduct;(iii)reversion to his permanent service, grade or post of an employee, appointed on probation to another 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 the probation;(iv)compulsory retirement of an employee in accordance with, the provisions relating to his superannuation or retirement;(v)termination of services(a)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 rules and orders governing such probation, or(b)of an employee having no lien or suspended lien on a permanent post under the Local Body on the expiration of the terms of his appointment or where the appointment is for an unspecified period, after a month's notice or after payment of month's salary or wages in lieu of such notice, or(c)of a seasonal employee at the end of the season for which he is employed, expressly or impliedly, or(d)of an employee employed under an agreement in accordance with the terms of such agreement.Note 1: If as a result of disciplinary proceedings, any of the penalties specified in this rule is imposed on an employee, a record under proper attestation of the same shall invariably be noted in his Service Book.A written warning given without any disciplinary proceedings, admonition, or reprimand for offences of occasional and minor nature (such as delays in submitting cases, irregular attendance, etc.) do not amount to the imposition of the penalty of "Censure".Note 2 : Failure on the part of an employee to intimate to his official superiors the fact of his arrest and the circumstances connected therewith, shall be regarded as suppression of material information and will render him liable to disciplinary action on that ground alone, apart from the action that may be called for on the outcome of the police case against him.
