Amendment status not verified — confirm the current text below against the official source.
Punishment of officers and servants.— (1) Without prejudice to the provisions of any law for the time being in force, the following penalties may, for good reasons, be imposed upon any officer or servant of the Council: 304 Sub-section (4) omitted by the Amendment Act 27 of 2002. 305 Substituted by the Amendment Act 13 of 1994. 306 Substituted by the Amendment Act 13 of 1994. 307 Substituted by the Amendment Act 7 of 1998. 58 (i) Censure; (ii) Withholding of increments or promotion including stoppage at an efficiency bar; (iii) Reduction to a lower post on a fixed pay or a time-scale or to a lower stage in a time-scale; (iv) Recovery from his pay of the whole or part of any pecuniary loss caused to the Council by negligence or breach of orders; (v) Removal from the service, which does not disqualify from future employment; (vi) Dismissal from the service, which ordinarily disqualifies from future employment. (2) Any of the penalties mentioned in sub-section (1) may be imposed on an officer or servant of the Council by the authority competent to make the appointment of the officer or servant: Provided that the penalty mentioned in items (i) and (ii) of sub-section (1) may be imposed on an officer of the Council (other than an officer belonging to the common cadre specified in sub-clause (5) of Section 72 or a servant of the Council, by the Chief Officer of the Council: Provided further that suspension of an officer or servant pending inquiry into the allegations against such officer or servant shall not be deemed to be a penalty and shall be ordered only by the authority competent to make appointment to the post held by such officer or servant. (3) No officer or servant shall be reduced to a lower post or rank or removed or dismissed from service under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal or dismissal: Provided that this sub-section shall not apply— (a) where a person is reduced, removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or (b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority, it is not reasonably practicable to give that person an opportunity of showing cause. (4) In the case of any officer or servant holding any post permanently the minimum salary of which (exclusive of allowances) is 308[Rs.1400/-] or more, no order of dismissal, removal or reduction in post or rank shall be passed, without the prior approval of the Director. 308 Substituted by the Amendment Act 13 of 1994. 59 (5) In every case referred to the Director under the last preceding sub-section, the Director shall not refuse to give his approval unless he is satisfied that — (i) the finding at the inquiry is perverse; or (ii) the penalty of removal or dimissal or reduction, as the case may be, is too severe. Where the Director informs the Council or the Standing Committee that the finding at the inquiry is perverse, no further proceedings shall be taken against the officer or servant concerned in respect of the same matter. (6) An appeal against any order imposing any penalty mentioned in sub-section (1) may be made to the authority superior to the authority imposing the penalty as shown below:— Authority imposing the penalty Superior authority to which appeal may be made (i) Chief Officer …………… Standing Committee. (ii) Standing Committee …………... Council. (iii) Council ………………………… Administrative Tribunal. (7) No such appeal may be entertained if not preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned. (8) Any officer or servant aggrieved by an order of removal, dismissal or reduction in a post or rank passed against him with the approval of the Director under sub-section (4) may file a revision application to the Administrative Tribunal. Such application shall be filed within 60 days from the date of such order.