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Union of India - Section
Section 26 in The First Statutes of the National Institutes of Technology
26. [ Suspension, Penalties, Disciplinary Proceedings. [Substituted '' by Notification No. S.O. 947(E), dated 21.7.2017 (w.e.f. 23.4.2009).]
- The Central Civil Services (Classification, Control and Appeal) Rules, 1965 shall apply to all the employees.]| 26. Suspension, Penalties, Disciplinary Proceedings.- (1) The Director may place a member of the staff appointed at the Institute under suspension:-(i) where a disciplinary proceeding against him is contemplated or is pending; or(ii) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:Provided that where a member of the staff is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours, such member of the staff shall be deemed to have been placed by an order of the competent authority under suspension with effect from the date on which he was so detained.(2) During the period of suspension, the member of the staff shall be entitled to the following payments, namely:-(a) a subsistence allowance at an amount equal to the Leave Salary which the staff member would have drawn had he been on leave on half pay and Dearness Allowance, if admissible on the basis of such leave salary:Provided that where the period of suspension exceeds six months, the subsistence allowance shall be as follows:(i) the amount of subsistence allowance may be increased by a suitable amount not exceeding fifty percent of the subsistence allowance admissible during the period of the first six months, if, in the opinion of the Competent Authority the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the employee concerned;(ii) the amount of subsistence allowance may be reduced by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of the first six months, if, in the opinion of the Competent Authority, the period of suspension has been prolonged due to reasons, to be recorded in. writing, directly attributable to the employee.(b) The rate of dearness allowance will be based on the increased or as the case may be the decreased amount of subsistence allowance admissible under sub-statute 2.(c) Any other compensatory allowance admissible from time to time on the basis of pay of which the staff member was in receipt of on the date of suspension subject to the fulfilment of other conditions laid down for the drawal of such allowances.(3) No payment shall be made unless the staff member furnished a certificate that he is not engaged in any other employment, business, profession or vocation.(4) The Board of Governors may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the member of the staff, revoke such order.(5) The following penalties may be imposed on any employee:-(i) censure;(ii) withholding of increments or pay;(iii) withholding of promotion;(iv) recovery from his pay of the whole or part of any pecuniary loss caused to the Institute by negligence or breach of orders;(v) reduction to lower grade or post or to a lower time-scale of pay, or to a lower stage in a time-scale for a period of three years without cumulative effect and not adversely affecting his pension (where ever applicable) ;(vi) compulsory retirement;(vii) removal from service which shall not be a disqualification for future employment under the Institute;(viii) dismissal from service, which shall ordinarily be a disqualification for future employment under the Institute;(6) No Order imposing on any member of the staff any of the penalties specified at (v) to (viii) above shall be passed by any authority subordinate to that by which he was appointed and except after an enquiry has been held and the member of the staff has been given reasonable opportunity of showing cause against the action proposed to be taken in this regard,(7) No order imposing on any member of the staff any of the penalties specified at (i) to (iv) above shall be passed by any authority subordinate to that by which he was appointed and unless the member of the staff concerned has been given an opportunity to make a representation to the appointing authority:Provided that the provisions of sub-statute (5) and (6) shall not apply to the following :-(a) where an employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;(b) where the authority empowered to dismiss or remove the person or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing, it is not reasonably practicable to give to that person such opportunity; or(c) where the Visitor is satisfied that in the interest of the security of the State, it is not expedient to give to that person such opportunity,(8) If, in respect of such person as aforesaid, any question arises whether it is reasonably practicable to give to an opportunity referred to under clause (b), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be, final.(9) A member of the staff aggrieved by any order imposing penalty passed by the Director against him shall be entitled to prefer an appeal to Board of Governors against the order and there shall be no further appeal from the decision of the Board,(10) A member of the staff aggrieved by any order passed by the Board inflicting a penalty on him shall be entitled to prefer an appeal to the Visitor against such order.(11) No appeal shall be entertained by the Board of Governors or the Visitor, as the case may be, unless it is made within a period of three months from the, date on which member of the staff aggrieved by such order receives a copy of the order appealed against:Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant has sufficient cause for not submitting the appeal in time,(12) The authority to whom an appeal against an order imposing penalty lies may, of its own motion or otherwise call for the records of the case from the Director or the Board, as the case may be, review any order passed in such a case and pass such orders as it deems fit.(13) Notwithstanding anything contained in this Statute, the Visitor may, on his own motion or otherwise after calling for the records of the case, review any order which is made under this Statute, and-(a) confirm, modify or set aside the order;(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;(c) remit the case to the authority which made the order or to any other authority directing such further action or enquiry as he considers proper in the circumstances of the case, or(d) pass such other orders as he deems fit:Provided that an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.(14) (a) When a member of the staff of the Institute who has been dismissed, removed or suspended is reinstated, the authority competent to order the reinstatement shall consider and make a specific order: -(i) regarding the pay and allowances to be paid to the member of the staff of the Institute for the period of his absence from duty and(ii) whether or not the said period shall be treated as a period spent on duty;(b) where such competent authority holds that the member of the staff of the Institute has been fully exonerated or in case of suspension, that it was wholly unjustified, the member of the staff of the Institute shall be given the full pay to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be, together with any allowance of which he was in receipt prior to his dismissal, removal or suspension;(c) In other cases, the member of the staff of the Institute shall be given such proportion of such pay and allowances as the competent authority may specify:Provided that the payment of allowances under clause (b) or clause (c) shall be subject to all other conditions under which such allowances are admissible;(d) In cases falling under clause (b) the period of absence from duty shall be treated as a period spent on duty for all purposes;(e) In cases falling under clause (c) the period of absence from duty shall not be treated as a period spent on duty unless such competent authority specifically directs that it shall be so treated for any specified purpose. |