Section 27 in Tamil Nadu Cooperative Sugar Mills Managerial Common Cadre System Rules, 2018
27. Disciplinary Proceedings.
- The disciplinary proceedings against a common cadre Employee shall be conducted with due observance of the principles of natural justice for which it shall be necessary that,-(a)The common cadre Employee shall be served with a charge memo duly approved by the Managing Director containing specific charges and mentioning of grounds in support of each charge and he shall be required to submit explanation in respect of the charge within a reasonable time which shall not be less than fifteen days;(b)An independent inquiry in an impartial manner shall be conducted by Managing Director. If a Managing Director considers independent inquiry requires an officer from other sugar mills, he / she will write to the Common Cadre Authority for sanction of such officials necessary for conducting inquiry. As far as possible the inquiry shall be completed within 90 days and with the written order by Managing Director, it may be extended by 30 days. No extension beyond this time limit will be allowed except with the sanction from the common cadre Authority;(c)The Inquiry Officer shall be appointed by the Managing Director provided that the officer at whose instance disciplinary action was initiated shall not be appointed as an Inquiry Officer nor shall the Inquiry Officer be the appellate authority. The inquiry Officer shall not be lower than the rank of the delinquent officer;(d)A common cadre Employee may be placed under suspension by the Managing Director of the mill and the order of suspension may be revoked by the Managing Director of the concerned mill;(e)The common cadre Authority may suo motu direct the Managing Director of the sugar mill to place any common cadre Employee under suspension;(f)Suspension shall not be given retrospective effect;(g)Leave shall not be granted to a member under suspension.(h)A common cadre Employee against whom proceedings have been initiated either for his arrest on a criminal charge or who is detained under any law for preventive detention shall be deemed to be as under suspension for the period during which he is so detained in custody or is undergoing imprisonment and he shall not be allowed any pay and allowance other than the subsistence allowance admissible for such period until he is released from detention and allowed to resume duties, as the case may be;(i)A common cadre Employee under suspension shall be entitled to a subsistence allowance as per the Tamil Nadu payment of subsistence Allowance Act, 1981 (Tamil Nadu Act 43 of 1981) :Provided that no payment of the subsistence allowance shall be made unless the member has furnished a certificate and the authority passing the order of suspension is satisfied that the Common Cadre Employee was not engaged in any other employment, business, profession or vocation and other employment and had not earned remuneration there for during the period of his suspension.(j)Where the conduct of a Common Cadre Employee has led to his conviction on a criminal charge or where a Common Cadre Employee refuses or fails without sufficient cause to appear before the Inquiry Officer when specifically called upon in writing to appear or where a common cadre Employee has absconded and his whereabouts are not known to the authority for more than three months or where it is otherwise (for reason to be recorded in writing) not possible to communicate with him, the competent authority may award appropriate punishment without going through the detailed disciplinary proceedings;(k)When a Common Cadre Employee under suspension is reinstated the authority competent to order the reinstatement shall make specific order regarding pay and allowance, 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 common cadre Employee has been fully exonerated or the suspension was wholly unjustified, the Common Cadre Employee shall be given the full pay and allowance to which he would have been entitled had he not been suspended. In such cases, the period of suspension shall be treated as period spent on duty for all purposes;(l)In cases not falling under clause (k) above, period of suspension shall not be treated as a period spent on duty unless the disciplinary authority specifically directs that it shall be so treated;(m)Any disciplinary proceedings initiated against the common cadre Employee of a sugar Mill before the enforcement of these rules and still continuing shall as far as may be deemed to have been commenced under these rules and may be continued accordingly.
