Section 3 in Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973
3. Penalties.
- The following penalties may, for good and sufficient reason, be imposed on any member of the service, namely: -(1)Censure.(2)Withholding of increments or promotion.(3)Reduction to a lower rank in the seniority list or to a lower post or time-scale or to a lower scale in a time scale.(4)Recovery from pay of the whole or part of any pecuniary loss caused to a municipal council or to any other local body or the State Government or to the Central Government by negligence or breach of orders:Provided that the recovery from the Health Assistant of cost of vaccine wasted, which wastage is not satisfactorily explained, shall not be considered as punishment imposed on the Health Assistant.(5)Recovery from pay to the extent necessary of the monetary value equivalent to the amount of increments ordered to be withheld, where such an order cannot be given effect to.Explanation. - In case of stoppage of increment with cumulative effect, the monetary value of the amount of increments ordered to be withheld may be recovered.(6)Recovery from pay to the extent necessary of the monetary value equivalent to the amount of reduction to a lower stage in a time scale ordered, where such an order cannot be given effect to.(7)Compulsory retirement.(8)Removal from service.(9)Dismissal from service.(10)Suspension, where a person has already been suspended under regulation 8 to the extent considered necessary by the authority imposing penalty.Explanation. - (1) The discharge -(i)of a person appointed on probation before the expiry or at the end of the prescribed or extended period of probation; or(ii)of a person engaged under contract in accordance with terms of contract; or(iii)of a person appointed otherwise than under contract to hold a temporary appointment on the expiration of the period of the appointment, does not amounts to removal or dismissal within the meaning of this regulation.(2)The removal of a person from the Municipal service shall not disqualify him from future employment, but the dismissal of a person from the municipal service shall, ordinarily, disqualify him from future employment.(3)The following shall not amount to be a penalty within the meaning of this regulation, namely: -(i)Withholding of increments of pay of a municipal servant for failure to pass any departmental examination in accordance with the regulations or orders governing the service to which he belongs, or post which he holds or the terms of his appointment;(ii)Stoppage of increment of a Municipal servant, at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;(iii)Non-promotion of a municipal servant, whether in a substantive or officiating capacity, after consideration of his case for promotion to which he is eligible;(iv)Reversion of a municipal servant officiating in a higher class or category on the ground that he is considered to be unsuitable for such higher class, category or on any administrative ground in connected with his conduct;(v)Reversion of a municipal servant appointed on probation to any class or category, to his permanent class or category during or at the end of the period of probation in accordance with the terms of his appointment or the rules or regulations governing such probation.(vi)replacement of the service of a municipal servant, whose services had been borrowed from a State Government or the Central Government or another municipality or local authority or any authority under the control of a State Government or the Central Government or another Municipality or local authority, by the authority from which the services of such municipal servant had been borrowed.(vii)compulsory retirement of a municipal servant in accordance with the provisions relating to his superannuation or retirement.
