Amendment status not verified — confirm the current text below against the official source.
Penalties :- (i) The following penalties may, for good and sufficient reason, be imposed upon any employee of the University :- Minor penalities (a) Censure; (b) Withholding of his promotion; (c) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the University by negligence or breach of orders; (d) Withholding of increments of pay without cumulative effect; Major penalities (e) Withholding of increments of pay with cumulative effect or reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the University employee will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay; (f) Reduction to lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the University 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 University employee was reduced and his seniority and pay on such restoration to that grade, post or service; (g) Compulsory retirement; (h) Removal from service which shall not be a disqualification for future employment under the Univeristy. (i) Dismissal from service which shall ordinarily be a disqualification for future employment under the University. (ii) Except where otherwise laid down in this Statute, the authority competemt to appoint shall be competent to impose any kind of punishment including removal from office on grounds of misconduct, gross inefficiency, etc. In the event of any such order to punishment by the competent authority, the employee concerned shall have the right to appeal to the next higher authority whose decision shall be final. (iii) No penalty of dismissal, removal or reduction shall be imposed unless the employee has been given a reasonable opportunity of showing causes against the action proposed to be taken in regard to him. (iv) The grounds on which it is proposed to take action under clause 12 (c), (e), (f) and (g) shall be reduced to the form of a definite charge or charges which shall be communicated in writing to the employee concerned and he shall be required within reasonable time to state in writing to whether he admits the truth of all or any of the charges, what explanation or defence, if any, he has to offer and whether he desires to be heard in person. If he so desires or if the appointing authority so direct, an oral enquiry shall be held at which all evidence shall be heard as to such of the charges as are not admitted. The person charged shall be entitled to cross-examine the witnesses, to have such witnesses called as he may wish, provided that the officer conducting the enquiry may for reasons to be recorded in writing refuse to call any witness. The proceedings shall contain sufficient record of the evidence and statement of the findings and the grounds thereof. 121 STATUTES CONDITIONS OF SERVICE 122 Provident Fund Death-cum- Retirement Gratuity Ex-Gratia Grants and other benefits Authorities empowered to impose penalties When it is proposed to take action under clause 12 (a), (b) and (d), no order shall be passed imposing a penalty on an employee unless he has been given an adequate opportunity of making any representation that he may desire to make, and such representation, has been taken into consideration : Provided that this condition shall not apply in a case where an order based on facts has led to his conviction in a criminal court or an order has been passed superseding him for promotion to a higher post on the ground of his unfitness for that post on account of the existence of unsatisfactory record : Provided further that the requirements of this rule may, for sufficient reasons to be recorded in writing, be waived where it is not practicable to observe them and where they can be waived without injustice to the employee concerned. (v) No employee who is called upon to produce his defence as to charges which form the subject of any enquiry against him, shall be allowed to engage counsel. (vi) After the enquiry against an employee has been completed and after the punishing authority has arrived at a provisional conclusion in regard to penalty to be imposed, the accused employee shall, if the penalty proposed in dismissal, removal or reduction in rank be supplied with a copy of the report of the enquiry authority and be called upon to show cause within reasonable time, not ordinarily exceeding one month, against the particular penalty poposed to be inflicted upon him. Any representation submitted by the accused in this behalf shall be taken into consideration before final orders are passed. (vii) In the case of an appeal against an order under clause 12 (i), the appellate authority shall consider: (a) whether the facts on which the order was passed have been established; (b) whether the fact established afford sufficient ground for taking action; (c) whether the penalty is excessive, adequate or inadequate; and after such consideration shall pass such orders as it thinks proper. Notwithstanding anything contained in the above Statutes, the Vice-Chancellor of the appellate authority within six months of the date of the order, either on his own motion or otherwise, call for the records of any inquiry and review any order made under the Statutes and may :- (a) confirm modify or set aside the order; or (b) confirm, reduce, enhance or set aside the penalty imposed by order, or impose any penalty where no penalty has been imposed; or (c) remit the case to the authority which made the order or to any other authority directing to make such further inquiry as it may consider proper in the circumstances of the case; or (d) pass such other orders as it may deem fit. Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the University employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified under sub- clause (i) e, f and g of Clause 12 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in these clauses, no such penalty shall be imposed except after an inquiry in the manner laid down in the Statutes and after giving a reasonable opportunity to the University employee concerned of showing cause against the penalty proposed.