Section 12 in The Orissa Local Fund Service Rules, 1975
12.
(1)The Chairman [* * *] [Deleted vide Orissa Gazette Extraordinary No. 1331/15.9.1982-SRO No. 613/10.9.1982.] shall have the power to punish the employees of the service during the period of their service in the concerned Municipality and an appeal against the order of punishment passed by him shall lie as laid down in Section 76 of the Act :Provided that the State Government may, on its own motion or otherwise after calling for the records of the case, review any order passed by one disciplinary authority under Section 76 and-(a)confirm, modify or set aside the orders;(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 any other authority directing such further action or enquiry as they consider proper in the circumstances of the case; or(d)pass such other orders as they deem fit ; provided that an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given the opportunity of submitting his explanation and an enquiry is hold according to law.(2)In the matter of taking disciplinary action against an employee of the service the procedures laid down in the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 shall be followed as far as possible.(3)[ No order of removal or dismissal of an employee from Service which ordinarily disqualifies a person from future employment shall be passed without prior approval of the District Magistrate.(4)In every case referred to the District Magistrate by the disciplinary authority, the District Magistrate shall not refuse to give his approval unless he is satisfied that-(a)the findings at the enquiry is perverse, or(b)the penalty of removal or dismissal, as the case may be, is too severe.(5)If such approval is not received within sixty days from the date of receipt of reference by the District Magistrate, the disciplinary authority shall pass such orders of punishment as deemed proper.] [Inserted vide Orissa Gazette Extraordinary No. 1331/15.9.1982-SRO No. 613/ 10.9.1982.]Chapter-IV Conditions of service
