Section 4 in Tamil Nadu Municipal Services Discipline and Appeal) Rules, 1970
4. Disciplinary Authority.
(1)The authority competent to impose the penalties specified in clauses (1), (2), (4) and (5) of rule 3 on a member of a service other than those holding posts in any of the categories in the Tamil Nadu Municipal Engineering and Water Works Service shall be the Commissioner of the Municipality concerned.(2)The authority competent to impose any of the penalties mentioned in sub-rule (1) on a member of a service holding a post in any of the categories in the Tamil Nadu Municipal Engineering and Water Works Service shall be the Municipal Engineer.Explanation. - (i) In cases covered by sub-rule (1) if the delinquent is working in a Municipality other than the Municipality where the lapse was committed, the competent authority shall be the Commissioner of the Municipality in which delinquent was working at the time when the lapse was committed.(ii)In cases covered by sub-rule (2), if the delinquent happens to be working in a Municipality other than the Municipality where the lapse was committed, then the competent authority shall be the Municipal Engineer of the Municipality in which the lapse was committed.(3)The authority competent to impose the penalties specified in clauses (3), (6), (7), (8), (9), and (10) of rule 3 on a member of a service shall be the appointing authority. The appointing authority in respect of posts included in the Tamil Nadu Municipal Engineering and Waterworks Service and in Branch II of the Tamil Nadu Municipal Public Health and Medical Service should consult the head of the Government Department concerned before final orders are passed subject to the following conditions: -(i)the consultation should be only in respect of technical points which, in the opinion of the disciplinary authority require clarification;(ii)it should not relate to the adequacy of the explanation or the quantum of penalty to be imposed;(iii)there should be kept in the file a written record of the consultation.Explanation. - If the appointing authority are the Commissioners of the Municipalities, then the competent authority to impose the penalty shall be the Commissioner of the Municipality in which delinquent was working at the time of committing the lapse.
