Section 19 in Service Statutes of the Establishment of the Tamil Nadu Dr. M.G.R. Medical University, Chennai
19. Disciplinary control and appeal.
(1)Causes for imposing penalties : The following penalties may, for good and sufficient reason including breach of any of the statutes and laws of the University or negligence, inefficiency, in subordination or failure to show due diligence and attention in the discharge of his duties or failure to conform to the instructions of his superiors or any irregularities in the discharge of his duties, or any criminal offence involving moral turpitude, be imposed upon every employee of the University.(a)Minor Penalties:(i)Censure;(ii)Withholding of increment without cumulative effect;(iii)Fine not exceeding Rs. 25 (rupees twenty five only) at a time in the case of employees of Group "D".(iv)Withholding of promotion;(v)Recovery from pay of the whole or part of the any pecuniary loss caused to the University by negligence or breach of orders;(vi)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;(vii)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;(viii)Suspension, where a person has already been suspended in contemplation of an enquiry into grave charges or a pending enquiry, to the extent considered necessary by the authority imposing the penalty.(b)Major Penalties:(i)Reduction to a lower rank in the seniority list or to a lower post or time scale or to a lower stage in time scale;(ii)Withholding of increments with cumulative effect;Explanation. - Where an order of withholding of increment with cumulative effect cannot be given effect to the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered.(iii)Compulsory retirement as a measure of punishment;(iv)Removal from service; and(v)Dismissal from service.(2)(a)Disciplinary Authorities : The authorities competent to impose penalties and the appellate authorities and period allowed for appeal shall be as indicated in Appendix IV The delay in preferring appeal up to thirty days may be condoned by the appellate authorities. Any appeal to the Governing Council should be addressed to the Registrar who is the ex-officio Secretary of the Governing Council.(b)Power to suspend employees : The Vice-Chancellor in the case of any teaching staff and non-teaching employee of Group "A" of the University, the Registrar in the case of non-teaching staff of "B". C Groups and the Deputy Registrar in-charge of Establishment in the case of employees in Group 'D' are empowered to place them under suspension, pending enquiry if in their opinion and continuance of the employee in service will be detrimental either to the enquiry contemplated or enquiry pending.(c)Period of suspension: The period of suspension should not normally exceed six months. If the period is to be extended beyond six months for specific reason, an order to this effect shall be issued within the said six months, with the approval of the Governing Council in cases of persons placed under suspension by the Vice-Chancellor and with the approval of the Vice-Chancellor in cases of persons placed under suspension by the Registrar or the Deputy Registrar.(d)Subsistence allowance : During such period he shall receive a subsistence allowance equivalent to 50 per cent of his pay, but will not be entitled to draw any allowances on special pay, other than dearness allowance, related to the subsistence allowance. He shall, however, be eligible to draw city compensatory allowance and house rent allowance, if admissible.(e)A review may be made six months after the date of suspension for considering the sanction of subsistence allowance of an enhanced rate upto 75 percent of his pay if the enquiry is prolonged for no fault of the employee concerned.(f)Authority to revoke suspension : The Deputy Registrar in cases where he himself orders the suspension of an employee, can revoke the order of suspension at any time. The Registrar can revoke the order of suspension issued by himself or by the Deputy Registrar at any time. The Vice-Chancellor can revoke orders of suspension issued by himself or by the Registrar or by the Deputy Registrar at any time.(g)Imposing Minor and Major Penalties : Before imposing any of the minor penalties, the delinquent employee shall be given an opportunity to explain his position. Before inflicting any of the major penalties, the default of the delinquent employee shall be reduced to a form of charge or charges together with the grounds for the charges and served on him. He shall be required to state whether he requires an oral enquiry or a personal hearing or both and he shall be supplied with a form of questionnaire for his purpose. The details of witnesses to be examined in support of the charges should also be sent to him along with the charge memorandum. On receipt of the statement of the defence from the delinquent, an oral enquiry or a personnel hearing or both as desired by the delinquent has to be conducted by appointing an Enquiry Officer who shall record the proceedings of the enquiry and submit his report of enquiry indicating whether the charge stands proved or not. The disciplinary authority, after examining the said report and all other relevant documents shall decide the case and pass final orders.(h)Suspension by the Vice-Chancellor : The Vice-Chancellor may take charges of the proceedings of an enquiry at any stage of the enquiry and complete or cause to complete the enquiry in the manner he thinks fit in the interest of the University.
