Section 44 in Orissa State Financial Corporation (Staff) Regulations, 1975
44. Disciplinary Proceedings.
(1)Without prejudice to the provisions of other Regulations, an officer/employee who commits a breach of regulations of the Corporation or who displays a negligence, inefficiency or indolence or, who knowingly does anything detrimental to the interest or prestige of the Corporation or in conflict with its instructions or who commits a breach of discipline or is guilty of any other act or misconduct or misbehaviour or, does not comply with the official norms, procedures and instructions while discharging his duties or, misbehaves with officers and employees of the Corporation, shall be liable to disciplinary proceedings and penalties as are provided in Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 as amended from time to time mutatis mutandis.(2)The procedure for disciplinary proceedings as contained in the rules mentioned in sub-Regulation above shall be followed by the Corporation mutatis mutandis.(3)(a)An employee may be placed under suspension by the Managing Director and he will appoint one of the Officers of the Corporation senior to the employee placed under suspension to held an enquiry into the charges against such employee and to make a report. During the period of suspension, the employee under suspension may be entitled to the following payments, namely:Subsistence allowance at an amount equal to the leave salary which the employee would have drawn if he had been on leave on half average pay or on half pay and in addition to the dearness allowance based on such leave salary :Provided that where the period of suspension exceeds twelve months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the first period of the first twelve months as follows:(i)The amount of subsistence allowance may be reduced by a suitable amount, not exceeding 50 percent of the subsistence allowance admissible during the period of the first twelve months, if, in the opinion of the said authority the period of suspension has been prolonged due to reasons to be recorded in writing directly attributable to the employee.(ii)The amount of subsistence allowance may be reduced by a suitable amount, not exceeding 50 percent of the subsistence allowance admissible during the period of the first twelve months, if, in the opinion of the said authority the period of suspension has been prolonged due to reasons to be recorded in writing directly attributable to the employee.(iii)The rate of dearness allowance will be based on the increased or as the case may be, the decreased amount of subsistence allowance admissible under Sub-clauses (i) and (ii) above.(b)No payment under Sub-Regulation (1) shall be made unless the employee furnish a certificate that he is not engaged in any other employment, business profession or vocation.(c)When the employee who has been dismissed, removed or suspended is reinstated, the Board shall consider and make a specific order :(i)regarding the pay and allowances to be paid to the employees for the period of his absence from duty, and(ii)whether or not the said period shall be treated as a period on duty:Provided that if the suspension is held by the Board to be wholly unjustified and the employee is fully exonerated the period of suspension shall be treated as on duty and the employees shall be entitled to the difference between his/her subsistence allowance and the emoluments which he/she would have received but for such suspension for the period he/she was under suspension. In any other case the employee shall be entitled only to such proportion of pay and allowances as the Board may decide on the recommendations of the enquiry officer after deducting the amount of subsistence allowance and dearness allowance drawn during the period of suspension provided further that the Board shall not pass any order which shall have the effect of compelling the employee to refund the amount drawn by him/ her by way of subsistence allowance and dearness allowance during the period of suspension.Section IIAppeals
