Section 46 in The Punjab Scheduled Castes Land Development & Finance Corporation (Staff) Regulations, 1971
46.
(1)Without prejudice to the provisions of other regulations, an employee, who commits a breach of the regulations of the Corporation, or takes part in a strike, or induces others to strike, or shows wilful insubordination or unauthorisedly any information or documents or knowingly does anything detrimental to the interests or prestige of the Corporation, or commits thefts, pilferage, fraud, dis-honesty, misappropriation, defalcation and embezzlement, or over stays on leave, except under circumstances beyond control, provided that the appointing authority may order such period to be treated as period spent on leave of any kind, participates in antinational activities, or becomes insane, or commits a breach of discipline or is guilty of any other act or misconduct or misbehaviour, shall be liable to the following penalties :-(a)Reprimand, warning, censure, fine;(b)Delay or stoppage of increment or increments (including stoppage at the Efficiency Bar) or promotion;(c)Reduction to lower post or grade or to a lower stage in his incremental scale;(d)Recovery from the pay of the whole or part of any pecuniary loss caused to the Corporation by the employee;(e)Removal or dismissal.(2)No employee shall, after the enforcement of these regulations, be subjected to the penalties in sub-regulation (1) except by an order in writing of the appointing authority, and no such order shall be passed without the charge or charges being formulated in writing and given to the said employee so that he shall have reasonable opportunity to answer them in writing or in person as he prefers, and in the latter case his defence shall be taken down in writing and read to him. Such an employee shall also be given an opportunity to cross-examine the witnesses against him, if any.Provided that the requirements of this sub-regulation may be waived if the facts on the basis of which action is to be taken have been established in a court of Law or Court Martial or where the employee has absconded or where it is for any other reason impracticable to communicate.... with him or where there is difficulty in observing them and the requirements can be waived without injustice to the employee. In every case where all or any of the requirements of this sub-regulation are waived, the reasons for so doing shall be recorded in writing;Provided further that any punishment to an employee on deputation from State/Central Government or a Government Co-operative Institution or any other Corporation shall be imposed only in accordance with the procedure and rules/regulations laid down in this behalf in their parent service.(3)An employee may be placed under suspension by order in writing of the appointment authority for the purpose of holding an enquiry into the charges against him. During the period of suspension, he shall be entitled to receive Subsistence Allowances equal to one half of his substantive pay plus allowances thereon, provided that if no penalty under clauses (b), (c), (d) or (e) of sub-regulation (f) is imposed, the employee shall be refunded the difference between his substantive pay and the emoluments which he would have received but for such suspension, on his reinstatement for the period he was under suspension, and that if a penalty is imposed upon him under the said clauses, no order shall be passed which shall have effect of compelling him to refund such subsistence allowances. The period during which an employee is under suspension shall, if he is not dismissed from the service be treated as period spent on duty or leave, as the appointing authority may direct; provided further that the employees on deputation from the Central/State Government or Government Co-operative Institution or any other Corporation shall be suspended only in accordance with the procedure and rules/regulations applicable to them in their parent service.(4)The appointing authority may delegate the conduct of any enquiry against an employee required under sub-regulations (2) and (3), to such officer or officers of the Corporation by nomination in writing in that behalf.(5)(a)An employee who absents himself from duty, without leave, except under circumstances beyond his control, for which he must tender a satisfactory explanation, shall not be entitled to draw any pay and allowance in respect of the period of such absence and shall further be liable to such penalties, as the appointing authority may impose. The period of such absence may, if not followed by termination of service under regulations 20 or 21 or removal or dismissal under regulation 46 be treated as period spent on causal, ordinary, sick, special or extraordinary leave as the appointing authority may determine.(b)An employee who is habitually late in attendance shall, in addition to such other penalty as the appointing authority may deem fit to impose, have one day of casual leave forfeited for every two days he is late in a month. Where such an employee has no casual leave due to him, the period of leave to be so forfeited may be treated as ordinary or extraordinary leave, as the appointing authority may determine.Appeals
