Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com OIL INDUSTRY DEVELOPMENT BOARD EMPLOYEES' (CONDUCT, DISCIPLINE AND APPEAL) RULES, 1988 CONTENTS PART 1 :- Preliminary 1. Short title and commencement 2. Application 3. Definitions PART 2 :- Conduct 4. General 5. Misconduct 6. Employment of near relatives of the employees in any company or firm enjoining patronage of the Board 7. Taking part in demonstration and strikes 8. Connection with press, radio or television 9. Criticism of Government and the Board 10. Evidence before committee or any other authority 11. Unauthorised communication of information 12. Gifts 13. Dowry 14. Private trade or employment 15. Investment, lending and borrow0ing 16. Insolvency and habitual indebtedness 17. Moveable, immoveable and valueable property 18. Canvassing of non-official or other influence 19. Bigamous marriages 20. Consumption of intoxicating dinks and drugs PART 3 :- Suspension 21. Suspension 22. Subsistence allowance 23. Treatment of the period of suspension 24. Penalties 25. Disciplinary authority 26. Procedure for imposing major penalties 27. Action on the inquiry report 28. Procedure for imposing minor penalties 29. Communication of orders 30. Common proceedings 31. Special procedure in certain cases 32. Employees on deputation from the Central Government, the State Government or public sector undertakings, etc 33. Appeals 34. Review 35. Service of orders, notices, etc 36. Power to relax time-limit and to condone delay 37. Removal of doubts SCHEDULE 1 :- SCHEDULE SCHEDULE 2 :- Return of Assets and Liabilities on First Appointment As on the 31st December, 19........ OIL INDUSTRY DEVELOPMENT BOARD EMPLOYEES' (CONDUCT, DISCIPLINE AND APPEAL) RULES, 1988 G.S.R. 20 (E). dated the 11th January, 19881.-In exercise of the powers conferred by Sec. 31 of the Oil Industry (Development) Act, 1974 (47 of 1974), the Central Government hereby makes the following rules, namely- PART 1 Preliminary 1. Short title and commencement :- (1) These rules may be called the Oil Industry Development Board Employees' (Conduct, Discipline and Appeal) Rules, 1988. (2) They shall come into force on the date of their publication in the Official Gazette. Comments Word used in statute should be given its meaning in ordinary sense when language is explicit.-The argument of inconvenience and hardship is a dangerous one and is only admissible in construction where the meaning of the statute Is obscure and there are alternative methods of construction, where the language Is explicit its consequences are for Parliament, and not for the Courts, to consider.1 When two different words are used in the same statute it may be presumed that those words, even if otherwise ana;agous have been used with different connotation.-2A s per the well-known canon of Interpretation, the word has to be given the meaning at the time the statute was passed. Another important canon of interpretation is that the words are to be construed in accordance with the intention of law maker. 3 Mandatory rule and directory rule-Distinction.-The difference between a mandatory rule and a directory rule is that while the former must be strictly observed, in the case of the latter, substantial compliance may be sufficient to achieve the object regarding which the rule is enacted. Whenever a statute prescribes that a particular act is to be done in a particular manner and also lays down that a failure to comply with the said requirement leads to a specific consequence, it would be difficult to hold that the requirement is not mandatory and the specified consequence should not follow.4 1. Ajay Pradhan . Dr. v State of Madhya Pradesh . A.I.R. 1988 S.C. 1875 at p.1878. 2. Shyamali Sarkar . Smt. v. Ashim Kumar Sarkar. A.I.R. 1988 Cal. 124 at p. 126. 3. Patrick Martin , In re, A.I.R. 1989 Mad. 231 at p.235. 4. Sharif-ud-din v. Abdul Gani Lone, A.I.R. 1980 S.C. 303 at pp. 305, 306; sec also lakshmanaswami Gounder v. CI .T. Selvamani, (1992) I S.C.C. 91 at p. 95. 2. Application :- These rules shall apply to all employees of the Board, other than- (i) those in casual employment or paid from contingencies; (ii) Government servants and the employees of the public sector undertakings working in the Board on deputation basis except to the extent provided for in rule 32. 3. Definitions :- In these rules, unless the context otherwise requires,- (a) "Act" means the Oil Industry (Development) Act, 1974 (47 of 1974): (b) "appellate authority" means the authority specified as such in the Sch. I annexed to these rules: (c) "appointing authority" means the Board and includes any authority specified as such in the Oil Industry Development Board Employees' (General Condition of Service) Rules, 1984. as amended from time to time: (d) "Board" means the Oil Industry Development Board, established under Section 3 of the Act: (e) "Chairman" means the Chairman of the Board: (f) "competent authority" means any authority empowered by the Board by any general or special order to discharge the function or exercise the powers specified in such order: (g) "disciplinary authority" means the authority specified as such in Sch. I annexed to these rules, competent to impose any of the penalties specified in rule 24: (h) "employee" means a person in the employment of the Board other than casual work charged or contingent staff, and includes an officer of the Board: (i) "family", in relation to an employee. Includes : (i) the wife or husband, as the. case may be, of the employee, whether residing with him or not but does not Include a wife or husband, as the case may be. separated from the employee by a decree or order of a competent court: (ii) sons or daughters or step-sons or step-daughters of the employee and wholly dependent on him, but does not include a child or a step-child who is no longer in any way dependent on the employee or of whose custody the employee has been deprived of by or under any law: (iii) any other person related, whether by blood or marriage, to the employees or to such employee's wife or husband, as the case may be, and wholly dependent on such employee: (j) "public servant" includes a person as mentioned in Section 21 of the Indian Penal Code, 1860 ; (k) "reviewing authority" means the authority specified as such in Sch.I annexed to these rules. PART 2 Conduct 4. General :- (1) Every employee shall at all times- (i) maintain absolute integrity: (ii) maintain devotion to duty: and (iii) do nothing which is unbecoming of an employee. (2) Every employee shall take all possible steps to ensure the integrity and devotion to duty of all employees for the time being under his control and authority. 5. Misconduct :- Without prejudice to the generality of the term "misconduct", the following acts of omission and commission shall be treated as misconduct : (1) Theft, fraud or dishonesty in connection with the business or property of (he Board or of property of another person within the premises of the Board. (2) Taking or giving bribes or any illegal gratification. (3) Possession of pecuniary resources or property disproportionate to the known source of income by the employee or on his behalf by another person, which the employee cannot satisfactorily account for. (4) Furnishing false information regarding name, age, father's name, qualification, ability, or previous service or any other matter germane to the employment at the time of employment or during the course of employment. (5) Acting in a manner prejudicial to the interests of the Board. (6) Wilful insubordination or disobedience, whether or not in combination with others, of any lawful and reasonable order of his superior. (7) Absence without leave or over-staying the sanctioned leave for more than four consecutive days without sufficient grounds or proper or satisfactory explanation. (8) Habitual late or irregular attendance. (9) Neglect of work or negligence in the performance of duty including malingering or slowing down of work. (10) Damage to any properly of the Board. (11) Interference or tampering with any safety devices installed In or about the premises of the Board. (12) Drunkenness or riotious or disorderly or indecent behaviour in the premises of the Board or outside such premises where such behaviour is related to or connected with the employment. (13) Gambling within the premises of the establishment. (14) Smoking within the premises of the establishment where it is prohibited. (15) Collection without the permission of the competent authority of any money within the premises of the Board except as sanctioned by any law of the land for the time being in force or rules of the Board. (16) Sleeping while on duty. (17) Commission of any act which amounts to a criminal offence involving moral turpitude. (18) Absence from the employee's appointed place of work without permission or sufficient cause. (19) Purchasing properties, machinery, stores, etc. from or selling properties, machinery, stores, etc.. to the Board without express permission in writing from the competent authority. (20) Commission of any act subversive of discipline or of good behaviour. (21) Abetment of or attempt at abetment of any act which amounts to misconduct. 6. Employment of near relatives of the employees in any company or firm enjoining patronage of the Board :- (1) No employee shall use his position or influence directly or indirectly to secure employment for any member of his family in any company or Firm enjoying the patronage of the Board. (2) No employee, of the Board shall, except with the previous sanction of the competent authority, permit any member of his family to accept employment with any company or firm with which he has official dealings or with any company or firm, having official dealings with the Board : Provided that where the acceptance of the employment cannot await sanction of the competent authority, the employment may be accepted provisionally subject to the sanction of the competent authority, to whom the matter shall be reported forthwith. (3) No employee shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or if he or any member of his family is Interested in such matter or contract in any other manner and the employee shall refer every such matter or contract to his official superior and the matter or the contract shall thereafter be disposed of according to the instructions of the authority to whom the reference is made. 7. Taking part in demonstration and strikes :- No employee shall- (i) engage himself or participate in any demonstration which Is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign Slates, public order, decency or morality or which involves contempt of court, defamation or incitement to an offence: or (ii) resort to or in any way abet, any form of strike or coercion or physical duress In connection with any matter pertaining to his service or any other employee. 8. Connection with press, radio or television :- (1) No employee shall, except with the previous sanction of the competent authority, own wholly or in part, or conduct or participate in the editing or management of, any newspaper or other periodical publication. (2) No employee shall, except with the previous sanction of the competent authority or in the bona fide discharge of his duties, participate in a broadcast or telecast or contribute any article or write any letter either in his own name or anonymously, pseudonymously, or in the name of any other person to any newspaper or periodical: Provided that no such sanction shall be required if such broadcast, telecast or contribution is of a purely literary, artistic or scientific character. 9. Criticism of Government and the Board :- No employee shall, in any broadcast, telecast or in any document published under his own name or anonymously, pseudynomously or in the name of any other person or in any communication to the press, or in any public utterance, make any statement (a) which has the effect of adverse criticism of any policy or action of the Central Government or a State Government, or of the Board; or (b) which is capable of embarrassing the relations between the Board and the public: Provided that nothing in this rule shall apply to statement made or views expressed by an employee, of a purely factual nature in his official capacity or in due performance of the duties assigned to : Provided further that nothing contained in this clause shall apply to bona fide expression of views by him as an office-bearer of a recognised association for the purpose of safeguarding the conditions of service of such employees or for securing an improvement thereof. 10. Evidence before committee or any other authority :- (1) Save as provided in sub-rule (3). no employee shall, except with the previous sanction of the competent authority, give evidence in connection with any enquiry conducted by any person, committee or authority. (2) Where any sanction has been accorded under sub-rule (1), no employee giving such evidence shall criticise the policy or any action of the Central Government or of a State Government, or of the Board. (3) Nothing in this rule shall apply to- (a) evidence given at any enquiry before an authority appointed by the Central Government. Parliament or a State Legislature or the Board: (b) evidence given in any judicial enquiry: or (c) evidence given at any departmental enquiry ordered by the Board. 11. Unauthorised communication of information :- No employee shall, except in accordance with any general or special order of the Board or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly any official document or any part thereof or information to any employee, or any other person to whom he is not authorised to communicate such document or information. 12. Gifts :- (1) Save as otherwise provided in these rules, no employee shall accept or permit any inember of his family or any other person acting on his behalf, to accept any gift. Explanation.-The expression "gift" Includes free transport, board, lodging or other service or any other pecuniary advantage when provided by any person oilier than a near relative or a personal friend having no official dealings with the employee. (2) On occasion, such as. weddings, anniversaries, funerals or religious funetions. when the making of gifts is in conformity with the prevailing religious or social practices, an employee, may accept gifts from his near relatives but he shall make a report to the competent authority if the value of such gift exceeds Rs. 500/. (3) On occasions such as are specified in sub-rule (2). an employee may accept gifts from his personal friends having no official dealings with him, but he shall make a report to the competent authority if the value of any such gift exceeds Rs. 250/-. (4) In any other case. an employee shall not accept, or permit any other member of his family or any other person acting on his behalf, to accept any gift without the sanction of the competent authority if the value thereof exceeds Rs. 250/-: Provided that when more than one gift has been received from the same person within period of 12 months, the matter shall be reported to the competent authority if the aggregate value of the gifts exceeds Rs. 250/-. 13. Dowry :- No employee shall- (i) give or take or abet the giving or taking of dowry: or (ii)demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be. any dowry. Explanation.- For the purposes of this rule "dowry" has the meaning as in Dowry Prohibition Act, 1961 . 14. Private trade or employment :- (1) No employee shall, except with the previous sanction of the competent authority, engage directly or indirectly in any trade or business, negotiate or undertake any other employment : Provided that an employee may, without such sanction, undertake honorary work of a social or charitable nature or occasional work of literary, artistic or scientific character, or participate in sports activities as amateur, subject to the condition that his official duties do not thereby suffer. (2) Every employee shall report to the competent authority if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency. (3) No employee shall, without the previous sanction of the competent authority, except in the discharge of his official duties, take part In the registration, promotion or management of any bank or other company which is required to be registered under Companies Act, 1956 (1 of 1956), or any other law for the time being in force, or any co-operative society for commercial purposes: Provided that an employee may take part in the registration, promotion or management of a ConsumerCo-operativeSociety or House Building Co-operative Society substantially for the benefit of employees of the Board registered under Co-operative Societies Act, 1912 , or any other law for the time being in force, or of a literary, scientific or charitable society registered under Societies Registration Act, 1860 (21 of 1860), or any corresponding law in force. (4) No employee shall accept any fee or any pecuniary advantage for any work done by him lor any public body or any private person without the sanction of the competent authority. 15. Investment, lending and borrow0ing :- No employee shall, save in the ordinary course oi business with a bank, the Life Insurance Corporation of India or a firm of standing, borrow money from or lend money to or otherwise place himself under pecuniary obligation to any person with whom he has or is likely lo have official dealings or permit anv such borrowing, lending or pecuniary obligation in his name or for his benefit or for the of benefit of any member of his family. 16. Insolvency and habitual indebtedness :- (1) An employee shall avoid habitual indebtedebytedness unless he proves that such indebtedness is the result of circumstances beyond his control and does not proceed from extravagance or dissipation. (2) An employee who applies to be, or is adjudged or declared insolvent shall forthwilh report the fact to the competent authority. 17. Moveable, immoveable and valueable property :- (1) No employee shall except with the previous sanetion of the competent authority, acquire or dispose of any immoveable property by lease, mortgage, purchase, sale, gift or otherwise, either In his own name or in the name of any member of his family. (2) No employee shall, except with the previous sanction of the competent authority, enter into any-transaction concerning any immoveable or moveable property with a person or a firm having official dealings with the employee or his subordinate. (3) Every employee shall report to the competent authority every transaction concerning moveable property owned or held by him in his own name or in the name of a member of his family, if the value of such property exceeds Rs. 2500/-. (4) (i) Every employee shall on his first appointment submit a return of assets and liabilities in the forms specified in Sch. II annexed to these rules giving the particulars regarding: (a) the moveable property inherited by him, or owned or acquired by him, or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person: (b) shares, debentures, and cash including bank deposits Inherited by him or similarly owned, acquired, or held by him: (c) other moveable property inherited by him or similarly owned. acquired or held by him if the value of such property exceeds Rs. 2500/-. (d) debts and other Ilabilities incurred by him directly or indirectly: (ii) Every officer of the Board shall submit a return of immoveable property inherited/owned or acquired by him once in every two years in Form I specified in Sch. II. (5) The competent authority may. at any time. by general or special order, require an employee to submit, within a period specified in the order, a full and complete statement of moveable or immoveable property held or acquired by him or on his behalf by any member of his family as may be specified in the order. Such statement shall, if so required by the competent authority, include details of the means by which, or the source from which such property was acquired. 18. Canvassing of non-official or other influence :- No employee shall bring or attempt to bring any outside influence to bear upon any superior authority to further his interests in respect of matter pertaining to his service In the Board. Rule 18 puts ban on canvassing of non-official or other influence by an employee upon the superior authority to further his interest in respect of matter pertaining to his service in the Board. 19. Bigamous marriages :- (1) No employee shall enter into. or contract a marriage with a person having a spouse living: and (2) No employee, having a spouse living iall enteri or contract a marriage with any person : Provided that the Board may permit an employee to enter into, ontract, any such marriage if it is satisfied that- (a) such marriage is permissible under the personal law applicable to such employee and the other party to the marriage: and (b) there are other grounds for so deaing. (3) An employee who has married or marries a person other than that of Indian nationality, shall forthwith intiment the fact to the Board. 20. Consumption of intoxicating dinks and drugs :- An employee shall lake due care that the performance of his dresis not affected in any way by the influence of any intoxicating drink or drug. PART 3 Suspension 21. Suspension :- (1)The appointing authority any authority to which it is subordinate, or the disciplinary' authority or any a ''pority empowered in that behalf by the Board by general or special order, may place an employee under suspension- (a) where 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, inquiry or trial. (2) An employee who is detained in police custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours shall be deemed to have been suspended with effect from the date of his detention. (3) Where a penalty of dismissal or removal from service imposed upon an employee under suspension is set aside on appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal or removal and shall remain in force until further orders. (4) Where a penalty of dismissal or removal from service imposed upon an employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority on consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal or removal and shall continue to remain under suspension until further orders : Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case. (5) An order of suspension made or deemed to have been made under this rule may at any time be revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate. 22. Subsistence allowance :- (1) An employee under suspension shall be entitled to draw subsistence allowance equal to 50 per cent. of his basic pay if the authority empowered to suspend him under sub-rule (1) of rule 21 is satisfied that the employee is not engaged in any other employment or business or profession or vocation. In addition, he shall be entitled to dearness allowance admissible on such subsistence allowance and any other compensatory allowance of which he was in receipt on the date of suspension if the said authority is satisfied that the employee continues to meet the expenditure for which the allowance was granted. (2) Where the period of suspension exceeds six months, the authority which made or is deemed to have been made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first six months as follows : (i) the amount of subsistence allowance may be increased to 75 per cent. of basic pay and allowance thereon if. in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the employee under suspension: or (ii) the amount of subsistence allowance may be reduced to 25 per cent. of basic pay and allowances thereon if, in the opinion of the said authority, the period of suspension has been prolonged due to the reasons, to be recorded in writing, directly attributable to the employee under suspension. (3) If an employee is arrested by the police on a criminal charge and bail is not granted, no subsistence shall be payable. On grant of bail. if the competent authority decides to continue the suspension, the employee shall be entitled to subsistence allowance from the de-lie he is granted bail. 23. Treatment of the period of suspension :- (1) When an employee under suspension is reinstated, the competent authority may grant to him the following pay and allowances for the period of suspension : (a) if the employee is exonerated and not awarded any of the penalties specified in rule 24, the full pay and allowances which he would have been entitled to if he had not been suspended, less the pay and allowances already paid to him: and (b) if otherwise, such proportion of pay and allowance as the competent authority may specify. (2) In a case falling under Cl. (a), the period of absence from duty shall be treated as a period spent on duty. In a case falling under Cl. (b) it shall not be treated as a period spent on duty unless the competent authority so directs. 24. Penalties :- The following penalties may be imposed on an employee for misconduct committed by him or for any other good and sufficient reasons : Minor penalties : (a) Censure: (b) withholding of increments of pay with or without cumulative effect: (c) withholding of promotion: (d) recovery from pay ol the whole or part of any pecuniary loss caused to the Board, by negligence or breach orders. Major penalties : (e) reduction to a lower grade or post, or to a lower stage in a time scale; (f) removal from service which shall not be a disqualification for future employment: (g) dismissal: Explanation.-The following shall not amount to a penalty within (he meaning of this rule : (i) withholding of increment of an employee on account of his work being found unsatisfactory or not being of the required standard, or for failure to pass a prescribed test or examination: (ii) stoppage of an employee at the efficiency bar in a time scale on the ground of his unlitness to cross such bar; (iii) non-promotion, whether in an officiating capacity or otherwise, of an employee, to a higher post for which he may be eligible for consideration but for which he is found unsuitable after consideration of his case; (iv) reversion to a lower grade or post, of an employee officiating in a higher grade or post, on the ground that he is considered, after trial, to be unsuitable for such higher grade or post, or on administrative grounds unconnected with his conduct: (v) reversion to his previous grade or post, of on employee appointed on probation to another grade or post. during or at the end of the period of probation, in accordance with the terms of his appointment: (vi) termination of service- (a) of an employee appointed on probation during or at the end of the period of probation, in accordance with the terms of his appointment: (b) of an employee appointed in a temporary capacity otherwise than under a contract or agreement, on the expiration of the period for which he was appointed, or earlier in accordance with the terms of his appointment: (c) of an employee appointed under a contract or agreement, in accordance with the terms of such contract or agreement : and (d) of any employee on reduction of establishment. 25. Disciplinary authority :- The disciplinary authority, specified in Sch. I annexed to these rules, or any higher authority may impose any of the penalties specified in rule 24 on any employee. 26. Procedure for imposing major penalties :- (1) No order imposing any of the major penalties specified in CIs. (e), (f) and (g) of rule 24 shall be issued except after an inquiry is held in accordance with this rule. (2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itself inquire into. or appoint any officer under this rule (hereinafter called the inquiring authority) to inquire into the truth thereof. (3) Where it is proposed to hold an inquiry, the disciplinary authority shall frame definite charges on the basis of the allegations against the employee. The charges, together with a statement of the allegations, on which they are based, a i'st of documents by which and a list of witnesses by whom, the articles of charge are proposed to be sustained, shall be communicated in writing to the employee, who shall be required to submit within such time as may be specified by the disciplinary authority (not exceeding 15 days) a written statement whether he admits or denies any of or all the articles of charge. Explanation.-It shall not be necessary to show any documents listed with the articles of charge or any other documents to the employee at this stage. (4) On receipt of the written statement of the employee, or if no such statement is received within the time specified, an inquiry may be held by the disciplinary authority itself, or by any other officer appointed as an inquiring authority under sub-rule (2): Provided that it may not be necessary to hold an inquiry in respect of the charges admitted by the employee in his written statement. The disciplinary authority shall, however, record its findings on each charge. (5) Where the disciplinary authority itself inquires or appoints an inquiring authority for holding an inquiry, it may, by an order appoint an officer to be known as the "Presiding Officer" to present on its behalf the case in support of the articles of charge. (6) The employee may take (he assistance of any other officer but may not engage a legal practitioner for the purpose. (7) On the date fixed by the inquiring authority, the employee shall appear before the inquiring authority at the time. place and date specified In the notice. The inquiring authority shall ask the employee whether he pleads guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the employee concerned thereon. The inquiring authority shall return a finding of guilty in respect of those articles of charge to which the employee concerned pleads guilty. (8) If the employee does not plead guilty, the inquiring authority shall adjourn the case to a later date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence : (i) inspect the documents listed with the charge-sheet ; (ii) submit a list of additional documents and witnesses that he wants to examine: and (iii) be supplied with the copies of the statements of witnesses, tfany, listed in the charge-sheet. Note.-Relevancy of the additional documents and the witnesses referred to in Cl. (ii) will have to be given by the employee concerned and the document and the witnesses shall be summoned if the inquiring authority Is satisfied about their relevance to the charges under inquiry. (9) The inquiring authority shall ask the authority in whose custody or possession the documents are kept by a requisition notice, for the production of the documents on such date as may be specified. (10) the authority in whose custody or possession the requisitioned documents are, shall arrange to produce the same before the inquiring authority on the date, place and time specified in the requisition notice : Provided that the authority having the custody or possession of the requisitioned documents may claim privilege if he Is satisfied that the production of such documents will be against the public Interest or the Board and inform in writing the inquiring authority accordingly. (11) On the date fixed for the inquiry, the oral and documentary evidences by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the presenting officer and may be cross-examined by or on behalf of the employee. The Presenting Officer shall be entitled to re- examine the witnesses on any points on which they have been cross-examined, but not on a new matter. without the leave of the inquiring authority. The inquiring authority may also put such question to the witnesses as it thinks fit. (12) Before the close of the prosecution case, the inquiring- authority may, in its discretion.allow the Presenting Officerto produce evidence not included in the charge-sheet or may itself call for new evidence or recall or re-examine any witness. In such case the employee shall be given opportunity to inspect the documentary evidence before it is taken on record: or to cross- examine a witness, who has been so summoned. (13) When the case for the disciplinary authority is closed, the employee shall be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presiding Officer, if any. (14) The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross- examination, re- examination and examination by the inquiring authority according t o the provision applicable to the witnesses for the disciplinary authority. (15) The inquiring authority may. after the employee closes his case. and shall. If the employee has not examined himself, generally question him on the circumstances appearing against him in the evidence lor the purpose of enabling the employee to explain any circumstances appearing in the evidence against him. (16) The inquiring authority may, after completion of the production of evidence, hear the Presenting Officer, if any, and the employee, or permit them to file written brief of their respective cases, if they so desire. (17) If the employee does not submit the written statement of defence referred to in sub-rule (3) on or before the date specified for the purpose or does not appear in person, or through the assisting officer or otherwise fails or refuses to comply with any of the provisions of these rules, the inquiring authority may hold the inquiry ex parte. (18) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry cases to exercise jurisdiction therein, and Is succeeded by another inquiring authority which has. and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by ils predecessor and partly recorded by itself : Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary In the interest of justice, it may recall, examine, cross- examine and re-examine any such witness as hereinbefore provided. (19) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain- (a) the articles of charge and the statement of the imputations of mis- behaviour: (b) the defence of the employee in respect of each article of charge: (c) an assessment of the evidence in respect of each article of charge: (d) the findings on each article of charge and the reasons therefor. Provided that if in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge : Provided further that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which article of charge is based or has had a reasonable opportunity of defending himself against such article of charge. (ii) The inquiring authority where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include- (a) the report of the inquiry prepared by it under Cl. (i) : (b) the written statement of defence, if any, submitted by the employee referred in sub-rule (13) ; (c) the oral and documentary evidence produced in the course of the inquiry : (d) written briefs referred to in sub-rule (16). if any; and (e) the order, if any. made by the disciplinary authority and the inquiring authority in regard to the inquiry. 27. Action on the inquiry report :- (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing. remit the cause to the inquiring authority for fresh or further inquiry and report. and the inquiring authority shall thereupon proceed to hold the further inquiry accordingly to the provisions of rule 26. (2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose. (3) If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in Rule 24 should be imposed on the employee, it shall, notwithstanding anything contained in rule 28, make an order imposing such penalty. (4) If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that no penalty is called for, it may pass an order exonerating the employee concerned. 28. Procedure for imposing minor penalties :- (1) Where it is proposed to impose any of the minor penalties specified in CIs. (a) to (d) of rule 24, the employee concerned shall be informed in writing of the imputations of misconduct or misbehaviour against him and given an opportunity to submit his written statement of defence within a specified period not exceeding 15 days, the defence statement, if any, submitted by the employee shall be taken into consideration by the disciplinary authority before passing an order. (2) The record of the proceedings shall include- (i) a copy of the statement of imputations of misconduct or misbehaviour delivered to the employee: (ii) his defence statement, if any: and (iii) the orders of the disciplinary authority together with the reason thereof. 29. Communication of orders :- Orders made by the disciplinary authority under rule 27 or rule 28 shall be communicated to the employee concerned, who shall also be supplied with a copy of the report of inquiry, if any. 30. Common proceedings :- Where two or more employees are concerned in a case, the authority competent to impose a major penalty on all such employees make an order directing that disciplinary proceedings against all of them may be taken in a common proceeding and an authority specified by him may function as the disciplinary authority for the purpose of such common proceedings. 31. Special procedure in certain cases :- Notwithstanding anything contained in rule 26, rule 27 or rule 28, the disciplinary authority may impose any of the penalties specified in rule 24 in any of the following circumstances : (i) where the employee has been convicted on a criminal charge, or on the strength offacts or conclusions arrived at by a judicial trial: or (ii) where the disciplinary authority Is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules: or (iii) where the Board is satisfied that in the interest of the security of the Board, it is not expedient to hold any inquiry in the manner provided in these rules. 32. Employees on deputation from the Central Government, the State Government or public sector undertakings, etc :- (1) Where an order of suspension is made or disciplinary proceeding is taken against an employee, who is on deputation to the Board from the Central Government or a State Government, or another public sector undertaking, or a local authority, the authority lending his services (hereinafter referred to as the lending authority, shall forthwith be informed of the circumstances leading to the order of his suspension, or the commencement of the disciplinary proceeding, as the case may be. (2) In the light of the findings in the disciplinary proceeding taken against such employee- (a) if the disciplinary authority is of the opinion that any of the minor penalties should be Imposed on him. it may pass such orders as It deems necessary after consultation with the lending authority : Provided that in the event of a difference of opinion between the disciplinary authority and the lending authority, the services of the employee shall be placed at the disposal of the lending authority : (b) if the disciplinary authority is of the opinion that any of the major penalties should be imposed on him, it shall place the service of such employee at the disposal of the lending authority and transmit to the lending authority the proceedings of the inquiry for such action as it may deem necessary. (3) If the employee submits an appeal against an order imposing a minor penalty on him under Cl. (a) of sub-rule (2), the same shall be disposed of after consultation with the lending authority : Provided that if there is a difference of opinion between the appellate authority and the lending authority, the services of the employee shall be placed at the disposal of the lending authority, and the proceeding of the case shall be transmitted to that authority for such action as it may deem necessary. 33. Appeals :- (1) An employee may appeal against an order Imposing upon him any of the penalties specified in rule 21 or against the order of suspension referred to in rule 21 and such appeal shall be to the authority specified in Sch. I annexed to these rules. (2) An appeal shall be preferred within one month from the date of communication of the order appealed against. The appeal shall be addressed to the appellate authority specified in Sch. I annexed to these rules and submitted to the authority whose order is appealed against. The authority whose order is appealed against shall forward the appeal together with its comments and the records of the case to the appellate authority within 15 days. The appellate authority shall consider whether the findings are Justified or whether the penalty is excessive or inadequate and pass appropriate orders within three months of the date of appeal. The appellate authority may pass order confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case : Provided that if the enhanced penalty which the appellate authority proposes to impose is a major penalty specified in Cls. (c), (f) and (g) of rule 24 and an inquiry as provided in rule 26 has not already been held in the case, the appellate authority shall direct that such inquiry be held in accordance with the provisions of rule 26 and thereafter consider the record of the inquiry and pass such orders as it may deem proper. If the appellate authority decides to enhance the punishment but an inquiry has already been held as provided in rule 26, the appellate authority shall give a show-cause notice to the employee as to why the enhanced penalty should not be Imposed upon him. The appellate authority shall pass Final order after taking into account the representation, if any, submitted by the employee. 34. Review :- Notwithstanding anything contained in these rules, the reviewing authority, as specified in Sch. I annexed to these rules, may call for the record of the case within six months of the date of the final order and after reviewing the case pass such orders thereon as it may deem fit : Provided that if the enhanced penalty, which the reviewing authority proposes to impose, is a major penalty specified in CIs. (e), (f) or (g) of rule 24 and an inquiry as provided under rule 26 has not already been held in the case, the reviewing authority shall direct that such an inquiry be held in accordance with the provisions of rule 26 and thereafter consider the record of the inquiry and pass such order as it may deem proper. If the appellate authority decides to enhance the punishment but an inquiry has already been held in accordance with the provisions of rule 26, the reviewing authority shall give show-cause notice to the employee's to why the enhanced penalty should not be imposed upon him. The reviewing authority shall pass final order after taking into account the representation, if any, submitted by the employee. 35. Service of orders, notices, etc :- Every order, notice and other process made or Issued under these rules shall be served in person on the employee concerned or communicated to him by registered post at his last known address. 36. Power to relax time-limit and to condone delay :- Save as otherwise expressly provided In these rules, the authority competent under these rules to make any order may for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone any delay. 37. Removal of doubts :- Where a doubt arises as to the interpretation of any of these rules, the matter shall be referred to the Central Government for its decision. SCHEDULE 1 SCHEDULE [See rule 3(b)(g)(k), rule 25rule 33 and rule 34] Category of Disciplinary Appellate Redirecting Employees Authority Authority Authority 1 2 3 4 Group D \ Sr. Accounts/Admi- Financial Adviser \ Secretary nistrative Officer and Chief Accounts Officer Group C Financial Adviser Secretary Chairman and Chief Accounts Officer \ 1 \ 2 \ 3 \ 4 Group B Secretary Chairman Board Group A \ Chairman \ Board \ Central Government SCHEDULE 2 Return of Assets and Liabilities on First Appointment As on the 31st December, 19........