Section 60 in U.P. Co-operative Sugar Mills and Distilleries Employees Service Regulations, 2015
60. Disciplinary Action.
- Disciplinary action against any employee shall be conducted by the Inquiry officer duly appointed by the Appointing Authority pursuant to Principles of natural justice and it is necessary for him that;(a)The charge sheet shall be served upon the employee, which contains charges and each charge is supported with the evidence. Explanation in connection with charges be called for within applicable time.(b)Each employee shall be given opportunity to produce evidence on his cost or to cross-examine the witness in his defence and if he wants then opportunity of personal hearing shall be given to him.(c)If any explanation in relation to the charge sheet is not received or the given explanation has not been found satisfactory then the Appointing Authority may pass suitable orders.(2)The appointing Authority without initiating disciplinary action in the following matter, may give sufficient punishment-(a)An employee has been held guilty by the court against criminal charge on the basis of misconduct, may be dismissed from service or removed from service; or(b)Where an employee is absconding and his address or place of his stay is not known to the Mill/distillery unit for more than three months, or(c)Where an employee without any sufficient reason, denies to appear or becomes unsuccessful to appear when he is called in writing to appear specifically before the inquiry officer, or(d)Where it otherwise be not possible to make correspondence with him.(3)An employee may be placed under suspension by the Appointing Authority where,-(a)the Appointing Authority is satisfied that there is prima facie case by which it is possibility of withholding the increment, dismissal from service, demotion from post to the employee.(b)the enquiry of the conduct of the employee is under consideration or the enquiry is pending and being posted in continuation on the post, it may be against the interest of the Mill/distillery unit.(c)any criminal charge of immorality or such charge, by which there is possibility of obstacles coming in discharging his duties, against an employee in connection with which the enquiry, investigation is pending.(d)(i)An employee under suspension shall be entitled to get subsistence allowance equivalent to the pay and half dearness allowance on it. Payment of subsistence allowance shall not be made till the employee does not produce certificate to the satisfaction of the Appointing Authority that the employee is not under any employment, business, trade and during the period of suspension, he did not make his earning.(ii)If the suspension period of the concerned employee is more than six months and the charged employee co-operates in the enquiry, then increase of dearness allowance an his pay in relation to his subsistence allowance may be considered.(iii)when an employee is re-instated, then the Appointing Authority shall pass specific order in relation to pay and allowances to be paid for the period of suspension and also pass this order whether the said period be treated as on duty or not. But, if Appointing Authority is satisfied that the employee was completely innocent and his suspension was absolutely unreasonable then full pay and allowances for which he is entitled, shall be paid to.him as he had never been placed under suspension.(iv)In the matters covered under provision of sub-clause (ii) such part of pay and allowances be paid to the employee as ordered by the Appointing Authority.(4)The employee under suspension shall not be given any leave, and be directed to report daily to the office or officer related to him.Part-VIII Appeal
