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State of Uttar Pradesh - Section

Section 1053 in Rules under the United Provinces Excise Act, 1910

1053. Salesman to be dealt with like other Government Servants.

- (12) Head Salesman, Salesman and Assistant Salesman etc. employed at State managed shops, being salaried employees of the State Government, shall be liable to treatment as Government servants and not as licensees. In particular, any irregularity committed by them shall not be treated as a breach of condition of licence which is ordinarily compounded. Whenever action for any irregularity committed by a Head Salesman, Salesman etc. appears necessary departmental proceedings against him shall be taken and formalities prescribed for subordinate services in the Manual of Government Orders and the Punishment and Appeal Rules, fully observed. They shall be liable to punishment by reprimand, adverse entry in service roll, fine, removal or dismissal according to the seriousness of the irregularity committed.They shall also be liable to punishment by recovery from their pay or security, any pecuniary loss (in whole or in part) caused to Government by negligence or breach of rules or orders. They may, however, be dealt with leniently when the irregularities or mistakes are trivial and appear to be due to inexperience. On the other hand if inquiry reveals some criminal intention on their part they shall be liable to prosecution, should the merit of the case justify recourse to such action.Subject to the general control of the Collector, the District Excise Officer will be competent to pass all orders of punishment except an order of removal or dismissal. An order of removal or dismissal shall be passed only by the Collector.