SPONGE IRON INDIA LIMITED
(i) These rules may be called SPONGE IRON INDIA LIMITED Conduct, Discipline and Appeal Rules, 1979.
(ii) They shall come into force with effect from 01.07.1979.
These rules shall apply to all employees except:
(i) Those in casual employment or paid from contingencies;
(ii) Those governed by the Standing Orders under Industrial Employment (Standing Orders) Act, 1946.
Rule – 3 : Definitions
In these rules, unless the context otherwise requires –
(a) Employees means a person in the employment of the undertaking other than the casual work charged or contingent staff or workman as defined in the Industrial Disputes Act, 1947, but includes a person on deputation to the Company.
(b) Workman means a person as defined in the Industrial Disputes Act, 1947, and to whom the provision of these rules shall not apply.
(c) Company means the ‘SPONGE IRON INDIA LIMITED’.
(d) Board means the Board of directors of the Company and include in relation to the exercise of powers, any Committee of the Board/Management or any Officer of the Undertaking to whom the Board delegates any of its powers.
(e) Chairman/Managing Director means the Chairman/Managing Director of the Company.
(f) Disciplinary Authority means the authority specified in the schedule appended to these rules and Competent to impose any of the penalties specified in Rule 23.
(g) Competent Authority means the authority empowered by Board of Directors by any general or special rule or order to discharge the function or use the powers specified in the rule or order.
(h) Government means the Government of India.
(i) Appellate Authority means the authority specified in the Schedule appended to these rules.
(j) Reviewing Authority means the authority specified in the Schedule attached to these rules.
(k) 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 stepsons or step-daughters of the employee and wholly dependent on him but does not include a child or step child who is no longer in any way dependent on the employee or of whose custody the employee has been deprive of by or under any law.
(iii) Any other person related, whether by blood or marriage to the employee or to such employee’s wife or husband and wholly dependent on such employee.
(l) Public Servant shall mean and include a person as mentioned in Section 21 of Indian Penal Code as amended from time to time.
(m) Sexual harassment includes such unwelcome sexual harassment behaviour (whether directly or by implication) as :
(a) Physical contact and advances.
(b) A demand or request for sexual favours.
(c) Sexually coloured remarks.
(d) Showing pornography.
(e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Rule – 4 : General
(i) Every employee of the company shall at all
(a) Maintain absolute integrity.
(b) Maintain devotion to duty; and
(c) Do nothing, which is unbecoming of public servant.
(d) Conduct himself at all times in a manner, which will enhance the reputation of the company.
(ii) Every employee of the company holding a supervisory post shall take all possible steps to ensure integrity and devotion to duty of all employees for the time being under his control and authority.
(iii) In addition to the above, the following Code of Ethics shall be observed by the employees in their discharge of their duties.
The objective of the code is to prescribe standards of integrity and conduct that are to apply to all the executives in the Company. The principles stated below underlie and supplement the rules and laws regulating the public and private conduct of the executives in the Company.
Obligation to the Company
(a) The rule of the executives is to assist the Company to achieve its objectives as spelt out in the charter constituting the setting up of the Company.
(b) It is the obligation of every employee of the public sector to uphold the Rule of Law and respect for human rights solely in the public interest while making recommendations or exercising administrative authority. He or she must maintain the highest standards of probity and integrity.
(c) In relation to the general public, the employees in the Company should conduct themselves in such a manner that the public feels that the decisions taken on the recommendations made by them are objective and transparent, and are not calculated to promote improper gains for the political party in power or for themselves or for any third party. This would be particularly significant so far as the customers of the public service are concerned.
(d) Employees of the Company should not seek to frustrate or undermine the policies, decisions and actions taken in the public interest by the management by declining or abstaining from action, which flows from the management decision. Where following the instructions of the superior authority would appear to conflict with the exercise of impartial professional judgment or affect the efficient working of the company, he/she should set out points of disagreement clearly in writing to the superior authority or seek explicit written instructions.
(e) Where an employee of the Company has reasonable grounds to believe that he or she is being required by the superior authority to act in a manner which is illegal or against the prescribed rules and regulations, or if any legal infringement comes to his or her notice, he or she should decline to implement the instruction, and would also have a right to bring the facts to the notice of the Chairman/Managing Director of the Company or the Secretary of the Administrative Ministry/ the Cabinet Secretary/ the Minister concerned. It shall be incumbent on the Cabinet Secretary to examine the issue carefully and advise the Prime Minister appropriately.
Conflict of interest and peer pressure
(a) Employees in the Company should refrain from decisions in respect of which they have reason to believe that it is calculated to benefit any particular person or party at the expense of the public interest.
(b) Every employee in the Company shall disclose any clash of interest when there is conflict between public and private interest, or he/she is likely to benefit from any act of omission or commission while discharging his/her functions.
(c) Employees in the Company should be alert to any actual or potential conflict of interest, financial or otherwise, and should disclose this to their superiors, whether the conflict covers them of their family members.
(d) Employees in the Company should maintain their independence, dignity and impartiality by not approaching politicians and outsiders in respect of service matters or private benefit, and exercise peer pressure to dissuade those who do so within the company and to set in motion disciplinary proceedings against such persons.
Accountability and responsiveness to the public
(a) Consistent with accountability to the superior officers and the ministers in accordance with provisions governing company, the employees in the public sector should practice accountability to the people in terms of quality of service, timeliness, courtesy, people orientation and readiness to encourage participation of, and form partnership with citizen groups, for responsive management.
(b) Employees in the Company should be consistent, equitable and honest in their treatment of the members of the public, with particular care for the weaker sections of society and should not even be or appear to be unfair or discriminatory. Decision in pursuit of discretionary powers should be justifiable on the basis of non-arbitrary and objective criteria.
(c) Employees in the Company should accept the obligation to recognize and enforce customer’s right for speedy redressal of grievances and commit themselves to provide services of declared quality and standard to customers.
(d) Employees in the Company should respect the right of public for information on all activities and transactions of the company except where they are debarred in the public interest from releasing information by provisions of law or by valid instructions.
Concern for value of public assets and funds
The employees in the Company should avoid wastage and extravagance and ensure effective and efficient use of the public money within their control.
Non-abuse of official position
Employees of the Company have a responsibility to make decisions, merits. They are in a position of trust. They must not use the official position to influence any person to enter into financial and other arrangements with them or with any one else. They must not abuse their official position to obtain a benefit for themselves or someone else, in financial or some other forms.
Continuous improvement through professionalism teamwork
It shall be the duty of every employee of the Company continuously upgrade his/her skills and knowledge, strive creativity and innovation and nurture the values of teamwork and harmony. He/she should promote and exhibit public and private conduct in keeping with the appropriate behavior and standard excellence and integrity. He/she should support the juniors in latter’s efforts to resist wrong or illegal directives and in abiding the Code of Ethics. At the same time, they should reward good and public any dereliction of duty and obligations based objectives and transparent criteria.
Rule – 5 : Misconduct
Without prejudice to the generality of the term ‘misconduct’ the following wing acts of omission and commission shall be treated as misconduct:
(1) Theft, fraud or dishonesty in connection with the business or property of the Company or of property of another person within the premises of the Company.
(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 Company.
(6) Willful insubordination or disobedience, whether or not in combination with others, if 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 or work or negligence in the performance of duty including malingering or slowing down of work.
(10) Damage to any property of the Company.
(11) Interference or tampering with any safety devices installed in or about the premises of the Company.
(12) Drunkeness or riotous or disorderly or indecent behaviour in the premises of the Company 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 Company except as sanctioned by any law of the land for the time being in force or rules of the Company.
(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 Company 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 misconduct.
(22) Sexual harassment of women includes unwelcome sexual determined behaviour as physical contacts and advances, sexual coloured remarks, showing pornography and sexual demands whether by words or action.
(23) Misutilisation of company’s money by submission of false LTC and LLTC claims by the employees of the Company.
Rule – 6 : Employment of near relatives of the employees of the Company in any Company or firm enjoying patronage of the Company
(1) No employee shall use his position or influence directly or indirectly to secure employment for any person related, whether by blood or marriage to the employee or to the employee’s or husband, whether such a person is dependant on the employee or not.
(2) No employee shall, except with the previous sanction of the competent authority, permit his son, daughter or any member of the 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 company.
Provided that where the acceptance of the employment cannot await the prior permission of the competent authority, the employment may be accepted provisionally subject to the permission of the competent authority to whom the matter shall be reported forthwith.
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 matter and the employee shall refer every such matter or contract to his official superior and the matter or the contract shall thereafter be disposed off according to the instructions of the authority to whom the reference is made.
Rule – 7 : Taking part in Demonstration
No employee of the Company shall engage himself or participate in any demonstration, which involves incitement to an offence.
Rule – 7(1) : Taking part in politics and elections
Except in so far as may otherwise be specifically authorized by law, no employee shall be a member or, or be otherwise associated with, any political party or any organization which takes part in politics, or assist any political movement or activity, or stand for election, without the permission of the Company, as a member of a local authority or a legislative body.
Rule – 8 : Connection with Press or Radio
No employee of the Company 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 publications.
No employee of the Company shall, except with the previous sanction of the competent authority or the prescribed authority, or in the bonafied discharge of his duties, participate in a radio broadcast 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 or such contribution is of a purely literary, artistic or scientific character.
Rule – 9 : Criticism of Government and the Company
No employee shall, in any radio broadcast or in any document published under his name or in the name of any other person or in any communication to the press, or in any public utterances, make any statement.
(a) Which has the effect of adverse criticism of any policy action of the Central or State Governments or of the Company.
Or
(b) Which is capable of embarrassing the relations between the Company and the public or between the Company and the Government.
Provided that nothing in these rules shall apply to any statement made or views expressed by an employee of purely factual nature which are not considered to be of a confidential nature, in his official capacity or in due performance of the duties assigned to him.
Provided further that nothing contained in this clause shall reply to bonafied expression of views by him as an office bearer of a recognized trade union for the purpose of safe guarding the conditions of service of such employees or for securing an improvement thereof.
Rule – 10 : Evidence before Committee or any other Authority
(1) Save as provided in sub-rule (3), no employee of the Company 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 criticize the policy or any action of the Central Government or of a State Government or of the Company.
(3) Nothing in this rules shall apply to -
(a) Evidence given at any enquiry before an authority appointed by the Government, Parliament or a State Legislative or any Company.
(b) Evidence given in any judicial enquiry or
(c) Evidence given at any departmental enquiry ordered by authorities subordinate to the Government.
Rule – 11 : Unauthorised communication of information
No employee shall, except in accordance with any general or special order of the Company or in the performance in good faith of the duties assigned to him. Communication directly or indirectly any official document or any part there of to any officer or other employee or any other person to whom he is not authorized to communicate such document or information.
Rule – 12 : Gifts
(1) Save as otherwise provided in these rules, no employee of the Company shall accept or permit any member of his family or any other person acting on his behalf, to accept any gift.
Explanation: The expression ‘gift’ shall include, free transport, board & lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or a personal friend having no official dealings with the employee.
(i) An employee at the Company shall avoid acceptance of lavish or frequent hospitality from any individual or firm having official dealings with him.
(ii) A casual meal, gift or other social hospitality shall not be deemed to be a gift.
(2) On occasions such as weddings, anniversaries, funerals or religious functions, when the making of gifts is in conformity with the prevailing, religious or social practices, an employee of the Company may accept gifts from his near relatives but he shall make a report to the competent authority if the value of the gift exceeds Rs.500/-.
(3) On such occasions as are specified in sub-rule (2), an employee of the Company 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 of the Company shall not accept or permit any other member of his family or any other person acting on his behalf to accept any gifts without the sanction of the competent authority of the value thereof exceeds Rs.250/-.
Provided that when more than one gift has been received from the same person/firm within a period of 12 months, the matter shall be reported to the competent authority if the aggregate value of the gifts exceeds Rs.250/-.
Rule – 12 A : No employee of the Company shall
(i) give or take or abet the giving or taking of dowry; or
(ii) demand, directly or indirectly, from the parents or guardians of a bride or bridegroom, as the case may be, any dowry.
Explanation: For the purpose of this rule ‘dowry’ has the same meaning as in the Dowry Prohibition Act, 1961 (Act 28 of 1961).
Rule – 13 : Private trade or employment
(1) No employee of the Company shall except with the previous sanction of the competent authority, engage directly or indirectly in any trade or business 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 a literary, artistic or scientific character subject to the condition that his official duties do not thereby suffer.
(2) Every employee of the Company 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 of the Company, 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 the Companies Act, 1956 (Act of 1, 1956) or other law for the time being in force or any co-operative society for commercial purposes.
Provided that an employee of the Company may take part the registration, promotion or management of a Consumer/House Co-operative Society substantially for the benefit of employees of the Company, registered under the Co-operative Societies Act, 1912 (Act 2 of 1912) or any other law for the time being in force, or of a literary scientific or charitable society registered under the Societies Registration Act, 1860 (Act 21 of 1860), or any corresponding law in force.
(4) No employee of the Company may accept any fee or any pecuniary advantage for any work done by him for any public body or any private person without the sanction of the competent authority.
Rule – 13 A : Employment of Functional Directors after retirement
No functional Director of the Company including the Chief Executive who has retired from the services of the company, after such retirement, shall accept any appointment or post, whether advisory or administrative, in any firm or company, whether Indian or foreign, with which the company has or had business relations, with in two years from the date of his retirement without prior approval of the Government. For this purpose the following provisions are added to clause.
Proviso – 1 : Term “retirement” includes designation, but not cases of those whose term of appointment was not extended by Government for reasons other than proven misconduct.
Proviso – 2 : Term “business relations” includes “official dealings” as well.
Rule – 14 : Investment, lending and borrowing
No employee shall, save in the ordinary course of business with a bank, Life Insurance Corporation 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 to have official dealings or permit any such borrowings, lending or pecuniary obligation in his name or for his benefit or for the benefit of any member of his family.
Rule – 15 : Insolvency and habitual indebtedness
(1) An employee of the Company shall avoid habitual indebtedness unless he proves that such indebtedness or insolvency is the result of circumstances beyond his control and does not proceed from extravagance or dissipation.
(2) An employee of the Company who applies to be or is adjudged or declared insolvent shall forthwith report the fact to his competent authority.
Rule – 16 : Movable, Immovable and Valuable Property
(1) No employee of the Company shall except with the previous knowledge of the competent authority, acquire or dispose of any immovable 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 of the Company, shall except with the previous sanction of the competent authority enter into any transaction concerning any immovable or movable property with a person or a firm having official dealings with the employee or his subordinate.
(3) Every employee of the Company, shall report to the competent authority every transaction concerning movable 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.15,000/-.
(4) Every employee shall, on first appointment in the Company submit a return of assets and liabilities in the prescribed form giving the particulars regarding:
(a) The immovable property inherited by him, or owned or acquired by him, 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 movable property inherited by him or similarly owned, acquired or held by him if the value of such property exceeds Rs.2,500/-.
(d) Debts and other liabilities incurred by him directly or indirectly.
(e) Every employee shall, beginning 1st January, submit a return of immovable property inherited/owned acquired once in every two years.
(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 such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order, such statement shall, of so required by the competent authority, include details of the means by which or the source from which such property was acquired.
Rule – 17 : 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 matters pertaining to his service in the Company.
Rule – 18 : Bigamous marriages
(1) No employee shall enter into, or contract, marriage with a person having a spouse living; and
(2) No employee, having a spouse living, shall enter into or contract, a marriage with any person.
Provided that the Board may permit an employee to enter into or contract, any such marriage as is referred to in clause (1) or clause (2) 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 doing.
(3) The public sector employee who has married or marries a person other than Indian nationality, shall forthwith intimate the fact to his employer.
Rule – 19 : Consumption of intoxicating drinks and drugs
An employee of the Company shall –
(a) Strictly abide by any law relaticating drinks or drugs in force in any area in which he may happen to be for the time being.
(b) Not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug.
(c) Refrain from consuming any intoxicating drink or drug in a public place.
(d) Not use any intoxicating drink or drug.
Explanation: For the purpose of this rule, ‘public place’ any place or premises (including clubs, even exclusively meant for members where it is permissible for the members to invite non-members as guests, bars and restaurants, conveyance) to which the public have or are permitted to have access, whether on payment or otherwise.
Rule – 20 : Suspension
(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any authority empowered in that behalf by the management 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 case against him in respect of any criminal offence is under investigation or trail.
(2) An employee who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding 48 years shall be deemed to have been suspended with effect from the date of detention, by an order of the appointing authority, and shall remain under suspension until further orders.
(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 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 court of law and the disciplinary authority, on consideration of the circumstances of the case, decision to hold a further inquiry against him on the allegation 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 of dismissal or removal and shall continue to remain under suspension until further orders.
(5) An order of suspension made or deemed to have been made this rules 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.
Rule – 21 : Subsistence Allowance
(1) An employee under suspension shall be entitled to draw subsistence allowance equal to 50 percent of his basic pay provided the disciplinary authority 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 provided the suspending 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 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 percent of basic pay and allowances 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;
(ii) The amount of subsistence allowance may be reduced to 25 percent of basic pay and allowance 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 payable. On grant of bail, if the competent authority decides to continue the suspension, the employee shall be entitled to subsistence allowance from the date he is granted bail.
Rule – 22 : Treatment of the period of suspension
(1) When the employee under suspension is reinstated, the competent authority may grant to him the following points and allowances for the period of suspension:
(a) If the employee is exonerated and not awarded any of the penalties mentioned in Rule 23 the full pay and allowances which he would have been entitled to if he has not been suspended, less the subsistence allowance already paid to him; and
(b) If otherwise, such proportion of pay and allowance as the competent authority may prescribe.
(2) In a case falling under sub-clause (a) the period of absence from duty will have to be treated as a period spent on duty. In a case falling under sub-clause (b) it will not be treated as a period spent on duty unless the competent authority so directs.
Rule – 23 : Penalties
The following penalties may be imposed, on an employee hereinafter provide for misconduct committed by him or any other good and sufficient reasons.
Minor Penalties:
(a) Censure.
(b) With holding of increments of pay with or without cumulative effect.
(c) With holding of promotion.
(d) Recovery from pay of such other amount as may be due to him of the whole or part of any pecuniary loss caused to the Company by negligence or breach of 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 the meaning of this rule:
(i) With holding 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 unfitness to cross the 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, of an administrative grounds unconnected with his conduct;
(v) Reversion to his previous grade or post, of an employee appointed on probation to another grade or post, during or as the and 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 temporary capacity otherwise under a contract or agreement, on the expiration of the 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 of agreement; and
(d) of an employee on reduction of establishment.
(e) of an employee on premature retirement in accordance with the provisions contained in the Premature Retirement Scheme of the Company.
Rule – 24 : Disciplinary Authority
The Disciplinary Authority, as specified in the schedule, or any authority higher than it may impose any of the penalties specified in schedule attached.
Rule – 25 : Procedure for imposing major penalties
(1) No order imposing any of the major penalties specified in Clauses (e), (f) and (g) of Rule 23 shall be made 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 public servant or retired Officer of a Public Sector Undertaking (thereinafter called the Inquiring Authority) to inquire into the truth thereof.
“Provided that where there is a complaint of sexual harassment within the meaning of Rule 3 (m) of the SIIL CDA Rules, 1979 the Complaints Committee established in the Company for inquiring into such complaints shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules”.
(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 board, a list 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 admit or denies any or all the Articles of Charge.
Explanation: It will not be necessary to show the documents listed with the charge sheet or any other document 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 another public servant appoint as an Inquiring Authority under sub-clause (2).
“Provided that it may not be necessary to held an inquiry in respect of the charges admitted by the employee in his written statement in cases other than those in which removal/dismissal from service is called for. The Disciplinary Authority shall, however, record its findings on each such charge”.
(5) Where the Disciplinary Authority it self inquires or appoints an Inquiring Authority for holding an inquiry, it may, by an order appoint a public servant to be known as the “Presenting Officer” to present on its behalf the case in support of the articles of charge.
(6) The employee may take the assistance of any other public servant but may not engage a legal practitioner for the purpose.
Note: The employee shall not take the assistance of any public servant who has two pending disciplinary cases on hand in which he has to give assistance.
(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 guilt in respect of these 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, if any, listed in the charge sheet.
Note: Relevance of the additional document and the witnesses referred to in sub-clause 8 (ii) above will have to be given by the employee concerned and the documents and the witness shall be summoned if the Inquiry 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, 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 the requisitioned documents may claim privilege if the production of such documents will be against the public interest of the Company. In the event, it again inform the Inquiring Authority accordingly.
The Inquiring Authority shall, on being so informed, communicate the information to the employee concerned.
(11) On the date fixed for the inquiry, the oral and documentary evidence 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 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 questions to the witnesses as it thinks fit.
(12) Before the close of the prosecutions case, the Inquiring Authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the charge sheet or may itself call for new evidence re-call 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 may 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 Presenting Officer, if any appointed.
(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 to the provisions 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 on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.
(16) After the completion of the production of the evidence, the employee and the Presenting Officer may file written briefs of their respective cases within 15 days of the date of completion of the production of evidence.
(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 ceases to exercise jurisdiction therein and is succeeded by another Inquiring Authority which has, and so succeeding may act on the evidence recorded by its predecessor, or partly recorded by its 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 witnesses as hereinbefore provided.
(19) (i) After conclusion of the inquiry, report shall be prepared and it shall contain:
(a) A gist of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) A gist of the defence of the employee in respect of each article of charge;
(c) And assessment of the evidence in respect of each article of charge;
(d) The findings on each article of charge and the reasons therefore;
Explanation: 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 that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such 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 sub-clause (i) above;
(b) The written statement of defence, if any submitted by the employee referred to 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 orders if any, made by the Disciplinary Authority and the inquiring authority in regard to the inquiry.
Rule – 26 : Action on the inquiry report
(1) The Disciplinary Authority, if it is not itself the Inquiring Authority may, for reason to be recorded by it in writing remit the case to the Inquiring Authority for fresh or further inquiry and report and the Inquiring Authority shall there upon proceed to hold the further inquiry according to the provisions of Rule 25 as far as may be.
(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 23 should be imposed on the employee it shall, notwithstanding anything continued in Rule 27 make an order imposing such penalty.
(4) If the Disciplinary Authority having regard to its findings all or any of the articles of charge, is of the opinion that penalty is called for, it may pass an order exonerating the employee concerned.
Rule – 27 : Procedure for imposing minor penalties
(1) Where it is proposed to impose any of the minor penalties specified in clauses (a) to (d) of Rule 23, 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 orders.
(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 reasons therefore.
Rule – 28 : Communication of Orders
Orders made by the Disciplinary Authority under Rule 26 or Rule 27 shall be communicated to the employee concerned, who shall also be supplied with a copy of the report of the inquiry, if any, as also reasons for disagreement, if any, with the inquiring authority.
Rule – 29 : Common Proceedings
Where two or more employees are concerned in a case, the authority competent to impose a major penalty on all such employees may make an order directing that disciplinary proceedings against all of them may be taken in a common proceedings and the specified authority may function as the Disciplinary Authority for the purpose of such common proceedings.
Rule – 30 : Special procedure in certain cases
Notwithstanding anything contained in Rule 25 or 26 or 27, the Disciplinary Authority may impose any of the penalties specified in Rule 23 in any of the following circumstances:
(i) The employee has been convicted on a criminal charge, or on the strength of facts 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 Company, it is not expedient to hold any inquiry in the manner provided in these rules.
Rule – 30A : Continuation of Disciplinary Proceedings initiated while in service before retirement or during re-employment of an employee
(i) Disciplinary proceedings, if instituted while the employee was in service whether before his retirement or during his re-employment, shall, after the final retirement of the employee, be deemed to be proceeding and shall be continued and concluded by the authority by which it was commenced in the same manner as if the employee had continued in service.
(ii) During the pendency of the disciplinary proceeding, the disciplinary authority may withhold payment of gratuity, for ordering the recovery from gratuity of the whole or part of any pecuniary loss caused to the Company if the employee is found in a disciplinary proceeding or judicial proceeding to have been guilty of offences/misconduct as mentioned in sub-section (6) of Section 4 of the Payment of Gratuity Act, 1972 or to have caused pecuniary loss to the Company by mis-conduct or negligence, during his service including service rendered on deputation or on re-employment after retirement. However, the provisions of Section 7(3) and 7(3A) of the Payment of the Gratuity Act, 1972 should be kept in view in the event of delayed payment, in case the employee is fully exonerated.
(iii) The officer against whom disciplinary proceedings have been initiated will cease to be in service on the date of superannuation but the disciplinary proceedings will continue as if he was in service until the proceedings are concluded and final order is passed in respect thereof. The concerned officer will not receive any pay and /or allowance after the date of superannuation. He will also not be entitled for the payment of retirement benefits till the proceedings are completed and final order is passed thereon except his own contribution to CPF.
Rule – 31 : Employees on deputation from the Central Government or the State Government etc.
(i) Where an order of suspension is made or disciplinary proceeding is taken against an employee, who is on deputation to the Corporation from the Central or 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.
(ii) In the light of the findings in the disciplinary proceeding taken against the 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 on the case as it deems necessary after consultation with the Lending Authority. Provided that in the event of a difference of opinion between the Disciplinary 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 should replace his services at the disposal of the Lending Authority and transmit to it the proceedings of the inquiry for such action, as it deems necessary.
(iii) If the employee submits an appeal against an order imposing a minor penalty on him under sub-rule (ii) (a), it will be disposed off after consultation with the Lending Authority provided that if there is a difference of opinion between the Appellate Authority and Lending Authority. The employee or the employees shall be placed at the disposal of the Lending Authority, and the proceedings of the case shall be transmitted to that authority for such action, as it deems necessary.
Rule – 32 : Provision regarding employees lent to government, subsidiary or other Public Sector Undertakings, etc.
(1) Where the services of an employee are lent to the Government or any authority subordinate thereto or to a subsidiary or to any other Public Sector Undertaking (hereinafter referred to as the “borrowing authority”) the borrowing authority shall have the powers of the appointing authority for the purpose of placing such an employee under suspension and of the disciplinary authority for the purpose of conducting disciplinary proceedings against him.
Provided that the borrowing authority shall forthwith inform SIIL (hereinafter referred to as the lending authority) of the circumstances leading to the order of suspension of an employee or the commencement of the disciplinary proceedings as the case may be.
(2) In the light of the findings of the inquiring authority against the employee:
(i) If the borrowing authority is of the opinion that any of the penalties specified in clauses (a), (b), (c) or (d) of Rule 23 (minor penalties) should be imposed on the employee, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as deemed necessary.