CHAPTER IV

Conduct & Disciple

16. (1) The Appointing Authority or any other authority superior thereto may place an employee under suspension
(a) where a disciplinary proceeding against him is contemplated or is pending, or
(b) where a case against him in respect of any criminal offence is under investigation or trial.

(2) An employee who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding fortyeight hours shall be deemed to have been suspended with effect from the date of his detention by an order of the Appointing Authority and shall remain under suspension until further orders.

17. The following penalties may, for good and sufficient reasons and as hereinafter provided be imposed on any employee:

(i)  Censure;
(ii)  Withholding of increments or promotion;
(iii)  Suspension;
(iv)  Recovery of any pecuniary loss caused to the Akademi by negligence or breach of the rules or bye-laws of the Akademi or orders or directions of superior authorities.
(v)  Reduction to a lower grade or post or to a lower stage in a time-scale;
(vi)  Compulsory retirement; and
(vii)  Dismissal from service.

18. The Appointing Authority or any other authority superior to the Appointing Authority may impose on an employee any of the penalties specified in rule 17.

19. 1. No order imposing any penalty on an Employee shall be passed except after

(a)  the employee is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and is given an opportunity to make any representation he may wish to make; and

(b)  such representation, if any, is taken into consideration by the authority imposing the penalty.

2. Any authority referred to in rule 18 may, after a communication of the nature referred to in clause (a)of the preceding sub-rule is issued, appoint an Enquiring Officer to enquire into the charges against the employee and report to him on the merits of the representation, if any, made by the employee concerned.

3. The Enquiring Officer shall be competent to examine all relevant records and documents and to record the evidence of witnesses, if any.

Special provision for borrowed employees

20 1. Where an order of suspension is made or a disciplinary proceeding is commenced against a borrowed employee, the Lending Authority shall forthwith be informed of the circumstances leading to the order of suspension or commencement of the disciplinary proceeding, as the case may be.

2. In the light of the finding in the disciplinary proceeding taken against such employees,

(i)  if the authority imposing the penalty is of the opinion that any of the penalties specified in clauses (iv) to (vii) of rule 17 should be imposed on him, it shall replace his services at the disposal of the Lending Authority and transmit to it the proceedings of the enquiry for such action as it deems necessary; and

(ii)  if the authority imposing the penalty is of the opinion that any other penalty should be imposed on him it may, after consultation with the Lending Authority, pass such orders on the case as it deems necessary:

The expression ‘Lending Authority' in this rule means the authority which has placed the services of the borrowed employee at the disposal of the Akademi.

21. An appeal shall lie from any original order made.
(a)  by the Secretary to the President, and
(b)  by the President to the Executive Board.

22. No appeal shall be entertained unless it is submitted within a period of three months from the date on which the order appealed against is communicated to the person concerned:

Provided that the Appellate Authority may entertain the appeal after the expiry of the said period if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

Form and contents And submission of Appeals

23. 1. Every person submitting an appeal shall do so separately and in his own name.

2. The appeal shall be addressed to the Appellate Authority, shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.

3. Every appeal shall be submitted to the Secretary who shall, unless he is himself the Appellate Authority, transmit it to the Appellate Authority.

24. The Appellate Authority shall consider every appeal in such manner as it deems fit and pass such orders as it deems proper in the circumstances of the case;

Provided that no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty.

25. The Executive Board may, on its own motion otherwise, review any order made by any authority and pass such orders as it deems fit in the circumstances of the case:

1. Where an employee who has been dismissed or suspended is reinstated, the Authority reinstating him shall make an order specifying

(a)  the pay and allowances, if any, the employee shall draw for the period of his absence from duty; and

(b)  where such period may be treated as duty for all or any purpose.

2. Where a disciplinary proceeding has commenced against employee before his re-employment, the same shall be continued till final orders are passed and shall not be invalidated on the ground of his retirement or termination of re-employment.

3. A proceeding, if not instituted while the employee is in service, whether before his retirement or during his re-employment,

a. shall not be instituted save with the sanction of the Executive Board.
b. shall not be in respect of any event which took place more than four year before such institution; and
c. shall be conducted by such authority at such place as the Executive Board may direct and in accordance with the procedure set forth in these rules applicable to a proceeding in which an order of dismissal from service could be made.

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