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[Cites 0, Cited by 0] [Section 7] [Entire Act]

State of West Bengal - Subsection

Section 7(5) in The West Bengal Factories (Safety Officers) Rules, 1978

(5)
(a)The occupier of a factory may impose upon any Safety Officer any one or more of the following penalties, namely :--
(i)suspension,
(ii)removal or dismissal from service,
(iii)reduction in rank,
(iv)withholding of increment (including stoppage at any efficiency bar),
(v)censure,
(vi)warning :
Provided that no order imposing any such penalty on a Safety Officer shall be made except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges, and where it is proposed, after such enquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation against the penalty proposed, but only on the basis of the evidence adduced during such inquiry.
(b)Any Safety Officer on whom any penalty has been imposed wider sub-rule (a) may, within thirty days of the communication of the order of imposition of the penalty to him, appeal against such order to the Chief Inspector of factories, West Bengal, whose decision thereon shall be final and binding on both the occupier of the factory and the Safety Officer.
(c)On being satisfied that a Safety Officer intends to prefer an appeal under clause (b) of this sub-rule, the Chief Inspector of Factories, West Bengal, may stay the endorsement of the order to be appealed against, for such period and on such terms, if any, as he may think just and proper.
(d)The Chief Inspector of Factories, West Bengal, shall by an order, after giving both the parties a reasonable opportunity of being heard and for reasons to be recorded in writing, dispose of the appeal as expeditiously as possible. While disposing of the appeal, the Chief Inspector of Factories, West Bengal, may confirm, modify or set aside the order appealed against.