Section 12 in The Khadi And Village Industries Commission Employees (Classification, Control And Appeal) Regulations, 2003
12. Procedure for imposing minor penalties.
(1)Subject to the provisions of. sub-regulation (4) of regulation 11, no order imposing on an employee any of the penalties specified in clause (i) to (v) of regulation 9 shall be made except after(a)informing the 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 10 in every case in which the Disciplinary Authority is of the opinion that such inquiry is necessary;(c)taking the representation, if any, submitted by the employee under clause (a) and the record of inquiry, if any, held under clause (b) into consideration; and(d)recording a finding on each imputation of misconduct or misbehaviour.(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 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 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 10 before making any order imposing on the employee any such penalty.(3)The record of the proceedings in such cases shall include(i)a copy of the intimation to the employee of the proposal to take action against him;(ii)a copy of the statement of imputations of misconduct or misbehaviour delivered to him;(iii)his representation, if any;(iv)the evidence produced during the enquiry;(v)the finding on each imputation of misconduct or misbehaviour ; and(vi)the orders on the case together with the reasons therefore.
