Section 54 in The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000
54. Procedure for imposing minor penalty .-(1) Subject to the provisions of sub-regulation (5) of regulation 53, no order imposing on an officer and other employee any of the penalties specified in sub-clauses (i) to (v) of clause (a) of regulation 49 shall be made except after-
(a)informing the officer and other employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;(b)holding an inquiry in the manner laid down in sub-regulations (3) to (23) of regulation 52, in every cash in which the disciplinary authority is of the opinion that such inquiry is necessary;(c)taking the representation, if any, submitted by the officer and other employee under cause (a) and the record of inquiry, if any held under clause (b) into consideration;(d)recording a finding on each imputation of misconduct or mis-behaviour.(2)Notwithstanding anything contained in clause (b) of sub-regulation (1), if in a case it is proposed after considering the representation, if any, made by the officer and other employee under clause (a) of that sub-regulation, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the officer and other employee or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-regulations (3) to (23) of regulation 52, before making any order imposing on the officer and other employee any such penalty.(3)The record of the proceedings in such cases shall include-(i)a copy of the intimation to the officer and other employee of the proposal to take action against him;(ii)a copy of the statement of imputations of misconduct or mis-behaviour delivered to him;(iii)his representation, if any;(iv)the evidence produced during the inquiry;(v)the findings on each imputation of misconduct or misbehaviour; and(vi)the orders on the case together with the reasons therefor.
