COIR BOARD SERVICES (CLASSIFICATION, CONTROL AND APPEAL)

1 · SHORT TITLE AND COMMENCEMENT

2 · INTERPRETATION: In these Bye-laws, unless the context otherwise requires: (a) appointing authority' in relation to a Board 's employee means: 1) the authority empowered to make appointments to the post which the Board $ employee for the time being holds, or (ii) the authority which appoint the Board'$ employee to the post which he for the time being holds,

3 · APPLICATION: These Bye-laws shall apply to every employees of the Board, but shall not apply to: (a) any person in causal employment; any person on daily wages; any person subject to discharge from service on less than one months notice;

5 · CLASSIFICATION OF POSTS All posts_under the Board s Service shall be classified as follows: Sl No_ Pay of maximum of the scale of the Grouping posts Not less than Rs. 1300/- 2 Not less than Rs 900/ but less than Rs. 1300/- 3 Over Rs. 290/- but less than Rs.900/_ 4 Rs. 290/- or less

2 · A Board's employee shall be deemed to have been placed under suspension by an order of appointing authority; (a) With effect from the date of his detention, if he is detained in custody, whether on criminal charge Or otherwise, for a period exceeding forty eight hours; (b) With effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

201 · th Published in the Gazette of India Part ii, Section 3, sub-section (ii) Dated November; 1976, S. O. No.4389.

8 · PENALTIES: The following penalties may, for good and sufficient reasons and as hereafter provided, be imposed on a Board $ employee, namely:

9 · DISCIPLINARY AUTHORITY:

10 · AUTHORITY TO INSTITUTE PROCEEDINGS:

11 · PROCEDURE FOR IMPOSING MAJOR PENALTIES:

12 · ACTION ON THE INQUIRY REPORT

13 · PROCEDURE FOR IMPOSING MINOR PENALTIES:

1 · Subject to the provisions of clause (3) of bye-law 12, no order imposing on a Board's employee any of the penalties specified in clauses (i) to (iv) of bye-law 8 shall be made except after:

14 · COMMUNICATION OF ORDERS

15 · COMMON PROCEEDINGS

1 · Where two or more Board'$ employee are concerned in any case, the Central Government or any other authority competent to impose the penalty of dismissal from service on all such Board s employees any make an order directing that disciplinary action against all of them may be taken in a common proceedings.

16 · SPECIAL PROCEDURE TO CERTAIN CASES

17 · PROVISIONS REGARDING OFFICERS LENT TO OTHER AUTHOROTIES:

1 · Where the services of Board' s employee are lent to any other authority (hereinafter in this rule referred to as the borrowing authority) the borrowing authority shall have the powers of the Appointing Authority' for the purpose of placing him under suspension, and of the *disciplinary authority' for the purpose of taking a disciplinary proceeding against him.

18 · PROVISIONS REGARDING OFFICERS BORROWED FROM CENTRAL GOVERNEMNT, STATEGOVERNMENT, ETC.

2 · In the light of the findings in the disciplinary proceeding taken against the Board' $ employee: (i) If the disciplinary authority is of the opinion that any of the penalties specified in clause (i) to (iv) of bye-law 8 should be imposed on him it may, after consultation with the lending authority, pass such orders on the case as it deems necessary.

19 · ORDERS AGAINST WHICH AN APPEAL LIES:

20 · ORDERS AGAINST WHICH APPEAL LIES:

1 · APPELLATE AUTHORITY:

1 · A Board s employee including a person who has ceased to be a Board' s servant may prefer an appeal against all or any of the orders, specified in bye-law 20 to the authority specified in this behalf in the schedule, or where no such authority is specified:

2 · Notwithstanding anything contained in clause (1) (1) an appeal against an order in a common proceeding held under bye-law 15 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinates;

22 · PERIOD OF LIMITATION FOR APPEALS

1 · In the case of an appeal against an order of suspension, the appellate authority shall consider whether, in the light of the provisions of bye-law 7 and having regard to the circumstances pf the case, the order of suspension is justified Or not and confirm or revoke the order accordingly.

25 · IMPLEMENTATION OF ORDERS IN APPEAL:

26 · 1. Notwithstanding anything, contained in these bye-laws, the Central Govt: 0 its own motion or otherwise, after calling for the records of the case; review any order which is made these bye-laws and may: (a) confirm; modify or set aside the order; Or (b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the orders; Or remit the case to the authority which made the order Or to any other authority directing such further action or inquiry as it considered proper in the circumstances of the cases or pass such other order as it deems fit;

2 · No proceedings for review shall be commenced until after 1) the expiry of the period of limitation for an appeal (ii) the disposal of the appeal, where any such appeal has been preferred.

3 · An application for review shall be within the same manner as if it were an appeal under these bye-laws

27 · SERVICE OF ORDERS NOTICES, ETC

28 · POWER TO RELAX TIME LIMIT AND TO CONDONE DELAY

29 · SAVINGS

1 · Any proceedings pending at the commencement of these bye-laws shall be continued and disposed of as far as may be in accordance with the provisions of these bye-laws.

2 · An appeal or application for review pending at or preferred after the commencement of these bye-laws on any matter on which an appeal Or review lies under these bye-laws shall be considered and ordered thereon shall be passed in accordance with these bye-laws.

30 · REMOVAL OF DOUBTS: If any doubt arises as to the interpretation of any of the provisions of these bye- laws, the matter shall be referred to the Central Government who shall decide the same