Section 28 in The Bengal Industrial Employment (Standing Orders) Rules, 1946
28. Disciplinary action for misconduct - (1) A fine may be imposed on any workman in respect of an act or omission on his part, in accordance with section 8 of the Payment of Wages Act, 1936 (4 of 1936).
(2)A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or without any compensation in lieu of notice, or his annual increment may be stopped or be punished by reduction in rank, if he is found to be guilty of misconduct.(3)Without prejudice to the provision of clause (2), it shall always be optional to the management to impose a fine in accordance with the provisions of the Payment of Wages Act, 1936 (4 of 1936), instead of dismissing any workman.(4)No order of dismissal shall be made unless the workman concerned is informed in writing of the alleged misconduct and is given an opportunity to explain the circumstances alleged against him, and to adduce evidence, if any, in his favour at an enquiry to be held for this purpose. The workman shall have the option of having a fellow workman of the same establishment to represent him at the enquiry. The approval of the Manager of the establishment and, where there is no Manager, of the employer, is required in every case of dismissal, and when circumstances appear to warrant it, the Manager or the employer may, whether an appeal has or has not been preferred, institute independent enquires before dealing with the charges against a workman.(5)(a)Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the Manager or the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing. suspend him with effect from such date as may be specified in the order. A statement setting out in details the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.(b)A workman who is placed under suspension under sub-clause (a) shall during the period of such suspension, be paid a subsistence allowance at the following rates, namely :(i)Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension be equal to one-half of the basic wages, dearness allowance and other, compensatory allowances to which the workman would have been entitled if he were on leave with wages. If the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages, dearness allowance and other compensatory allowances :Provided that where such enquiry is prolonged beyond the period of ninety day for reason's directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.(ii)Where the enquiry is by an outside agency or, as the case may be where criminal proceedings against the workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension be equal to one-half of his basic wages, dearness allowance and other compensatory allowances to which workman would have been entitled to if he were on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowance shall for such period be equal to three-fourths of such wages : Provided that were such enquiry or criminal proceedings is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days, be reduced to one-fourth of such wages.(c)If on the conclusion of the inquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of charges framed against him and that it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty prop6:,ed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall an order accordingly :Provided that when an order of dismissal is passed under this sub-clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him not be recovered :Provided further that where the period between the date on which the workman was suspended from duty pending the inquiry or trial and the date on which order of suspension was passed under this sub investigation or clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period :Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this sub-clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled the same wages as he would have received if he had not been placed under suspension, after deduction of the subsistence allowance paid to him for such period :Provided also that in the case of a workman to whom the provision of clause (2) of article 311 of the Constitution of India apply, the provisions of that article shall be complied with.(d)If on the conclusion of the inquiry or as the case may be, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period.(e)The payment of subsistence allowance under this paragraph shall be subject to the workmen concerned not taking up any employment during the period of suspension.(6)In awarding punishment under this paragraph the Manager or the employer shall take into account the gravity of the misconduct, the previous record, if any, of the workmen and any other extenuating or aggravating circumstance that may exist. A copy of the order passed by the Manager or the employer shall be supplied to the workman concerned.
