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[Cites 0, Cited by 0] [Section 81] [Entire Act]

Union of India - Subsection

Section 81(2) in Pension Fund Regulatory and Development Authority (Employees Service) Regulations, 2015

(2)Major penalties. - (a) Save as provided for in clause (d) of Sub-regulation (1), reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the employee shall earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction shall or shall not have the effect of postponing the future increments of his pay.
(b)Reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the employee to the time scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the employee was reduced and his seniority and pay on such restoration to that scale of pay, grade, post or service.
(c)Compulsory retirement;
(d)Removal from service which shall not be a disqualification for future employment;
(e)Dismissal from service which shall ordinarily be a disqualification for future employment.
Explanation : - The following shall not amount to a penalty within the meaning of this regulation namely :-
(i)Withholding of one or more increments of an employee on account of his failure to pass a specified departmental test or examination in accordance with the terms of appointment to the post which he holds.
(ii)Stoppage of pay of an employee at the efficiency bar in a time scale, on the ground of his unfitness to cross the bar;
(iii)Non-promotion whether in an officiating capacity or otherwise, of an employee, to a higher grade or post for which he may be eligible for consideration but for which he is found unsuitable after consideration of his case;
(iv)Reversion to a lower grade or post, of an employee officiating in a higher grade or post, on the ground that he is considered, after trial, to be unsuitable for such higher grade or post, or on administrative grounds unconnected with his conduct;
(v)Reversion to his previous grade or post, of an employee appointed on probation to another grade or post, during or at the end of the period of probation, in accordance with the terms of his appointment or regulations or orders governing such probation;
(vi)Termination of the service :-
(a)of an employee appointed on probation, during or at the end of the period of probation, in accordance with the terms of his appointment, or the regulations or orders governing such probation;
(b)of an employee appointed in a temporary capacity otherwise than under a contract or agreement, on the expiration of the period for which he was appointed, or earlier in accordance with the terms of his appointment;
(c)of an employee appointed under a contract or agreement, in accordance with the terms of such contract or agreement; and
(d)of an employee on abolition of post.
(vii)Termination of employment of an employee on medical grounds, if he is declared unfit to continue in the Authority's service by the Authority's Medical Officer;
(viii)Retirement of an employee in accordance with the proviso to Regulation 13(1).