- (i) The disciplinary proceedings against an employee shall be conducted by the Inquiring Officer [referred to in clause (iv) below] with due observance of the principles of natural justice for which it shall be necessary -(a)The employee shall be served with a charge-sheet containing specific charges and mention of evidence in support of each charge and he shall be required to submit explanation in respect of the charges within reasonable time which shall not be less than fifteen days;(b)Such an employee shall also be given an opportunity to produce at his own cost or to cross-examine witnesses in his defence and shall also be given an opportunity of being heard in person, if he so desires;(c)If no explanation in respect of charge sheet is received or the explanation submitted is unsatisfactory, the competent authority may award him appropriate punishment considered necessary.(ii)(a)Where an employee is dismissed or removed from service on the ground of conduct which has led to his conviction on a criminal charge; or(b)Where the employee has absconded and his whereabouts are not known to the society for more than three months; or(c)Where the employee refuses or fails without sufficient cause to appear before the Inquiring Officer when specifically called upon in writing to appear; or(d)Where it is otherwise (for reasons to be recorded) not possible to communicate with him, the competent authority may award appropriate punishment without taking or continuing disciplinary proceedings.(iii)Disciplinary proceedings shall be taken by the society against the employee on a report made to this effect by the inspecting authority or an officer of the society under whose control the employee is working.(iv)The inquiring officer shall be appointed by the appointing authority or by an officer of the society authorised for the purpose by the appointing authority:Provided that the officer at whose instance disciplinary action was started shall not be appointed as an inquiring officer nor shall the inquiring officer be the appellate authority.(v)In the case of an erring employee falling in sub-section (c) or clause (i) or sub-clause (a) of clause (ii) of Regulation No. 5, the committee of management of the society, and if so provided in the bye-laws, the Chairman or the Secretary of the society, shall draw up a duplicate charge sheet against the employee and the same shall be communicated to the parent employer who shall, if prima facie case has been made out by the reporting authority, withdraw him from the society and take disciplinary action against him.(vi)An employee other than one referred to in clause (v) may be placed under suspension in the following circumstances by the appointing authority or any other officer authorised for the purpose;(a)When the said authority is satisfied that a prima facie case exists, which is likely to result in the removal, dismissal or reduction in rank of the employee.(b)When an enquiry into his conduct is immediately contemplated or is pending and his further continuance on his post is considered detrimental to the interest of the society.(c)When a complaint against him of any criminal offence is under police investigation for which he has been arrested or he is undergoing trial in a court of law for offence under the Indian Penal Code, U.P. Co-operative Societies Act, 1965 or any other Act or charges have been farmed against him by criminal court:Provided that suspension shall be obligatory where it is called for in terms of clause (i) of Regulation No. 83.(vii)(a)An employee under suspension shall be entitled to a subsistence allowance as per relevant rules applicable to State Government employees from time to time.Provided that an employee who is under suspension on the date of coming into force of these regulations shall continue to draw such portion of pay and such allowances as he was allowed to draw for the period of suspension:Provided further that no payment of the subsistence allowance shall be made unless the employee has furnished a certificate, and the authority passing the order of suspension is satisfied that the employee was not engaged in any other employment, business, profession or vocation and had not earned remuneration therefore during the period under suspension.(b)(1) When an employee is reinstated, the authority competent to order the reinstatement shall made specific order regarding pay and allowances to be paid for the period of suspension and whether or not the said period shall be treated as a period spent on duty:Provided that where the authority passing the order of reinstatement is of the opinion that the employee has been fully exonerated or the suspension was wholly unjustified, the employee shall be given the full pay and allowances to which he would have been entitled had he not been suspended.(2)In cases not covered by the proviso to foregoing sub-cause (I) the employee shall be given such proportion of pay and allowance as the competent authority may order.(d)In cases falling under proviso to clause (I) the period of suspension shall be treated as a period spent on duty for all purposes.(e)In cases falling under clause (c) (2) the period of suspension shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be so treated.(f)The order of suspension shall not take retrospective effect.(g)Leave shall not be granted to an employee under suspension.(h)An employee against whom proceedings have been taken either for his arrest for debt or a criminal charge or who is detained under any law for preventive detention shall be consider as under suspension for the period during which he is so detained in custody or is undergoing imprisonment and not be allowed any pay and allowances other than the subsistence allowance admissible under sub-clauses (a) and (b) for such period until the termination of the proceedings taken against him or until he is released from detention and allowed to rejoin duty as the case may be.(viii)In case of fine, the total amount of fine shall not exceed half months pay or maximum fine, chargeable under the Payment of Wages Act, 1936, where this Act is applicable to the employee concerned and it shall be deducted from his pay in monthly instalments, each such instalment not exceeding one-fourth of his monthly salary.(ix)The order of suspension may be revoked by-(a)The authority which passed the orders, or(b)The appointing authority, if there are sufficient reasons for revocation and the same shall be recorded in the order of revocation.(x)No employee shall ordinarily remain under suspension for more than 6 months:Provided that this condition shall not apply to such cases where the suspension is made on criminal charge on the direction of the court].(xi)[ Rules regarding disciplinary proceedings after retirement applicable for the employees of the State Government, shall also be applicable for the employees of the Co-operative Society with due modification from time to time. [Inserted by Notification No. 1425/XLIX-2-2018-5(419)-2017, dated 27.8.2018 (w.e.f. 31-12-1975).]Explanation. - For the purpose of this sub-rules, the word "Governor" has been used under the rules of the State Government, the word "Registrar" shall be deemed to be substituted.(xii)if an employee retires from the service while disciplinary proceedings against him is already in operation, the disciplinary proceedings will continue after his retirement.".]
