Section 3 in Tamil Nadu Municipal Services Discipline and Appeal) Rules, 1970
3. Penalties.
- The following penalties may, for good and sufficient reason, be imposed on any member of a service, namely; -(1)censure;(2)withholding of increments, or promotion, including stoppage at an efficiency bar;(3)reduction to a lower rank in the seniority list or to a lower post or time-scale or to a lower stage in a time-scale;(4)recovery from pay of the whole or part of any pecuniary loss caused to a Municipal Council or to any other local body or the State Government or the Central Government by negligence or breach of orders;(5)recovery from pay to 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;(6)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;Explanation. - In case of stoppage of increment with cumulative effect, the monetary value of three times the amount of increments ordered to be withheld may be recovered.(7)compulsory retirement from the Municipal service;(8)removal from the Municipal Service;(9)dismissal from the Municipal Service;(10)suspension, where a person has already been suspended under rule 8 to the extent considered necessary by the authority imposing the penalty.The penalties mentioned in items 1, 2, 4 to 6 and 10 will be deemed to be minor penalties, and those in 3,7 to 9 as major penalties.Explanation. - (1) The discharge -(i)of a person appointed on probation before the expiry or at the end of the prescribed of extended period of probation, or(ii)of a person engaged under contract in accordance with the terms of his contract, or(iii)of a person appointed otherwise than under contract to hold a temporary appointment on the expiration of the period of the appointment does not amount to removal or dismissal within the meaning of this rule.(iv)The following shall not amount to be a penalty within the meaning of this rule, namely: -(a)Withholding of increments of pay of a municipal servant for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;(b)Stoppage of increment of a municipal servant at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;(c)Non-promotion of a municipal servant, whether in a substantive or officiating capacity after consideration of his case, to a service, grade or post for promotion to which he is eligible;(d)Reversion of a municipal servant officiating in a higher service, grade or post to a lower service, grade or post on the ground that he is considered to be unsuitable for such higher service, grade or post on any administrative ground unconnected with his conduct;(e)Reversion of a Municipal servant appointed on probation to any other service, grade or post to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or to the rules and orders governing such probation;(f)Replacement of services of a municipal servant whose service had been borrowed from a State Government or Central Government or an authority under the control of a State Government or Central Government at the disposal of the State Government or Central Government or the authority from which the services of such municipal servant had been borrowed; and(g)Compulsory retirement of a municipal servant in accordance with the provisions relating to his superannuation or retirement.(2)The removal of a person from the Municipal service shall not disqualify him from future employment, but the dismissal of a person from the Municipal service shall ordinarily disqualify him from future employment.
