Page 8 - Conduct Rules for Employees
P. 8

HR MANUAL
               CHAPTER 6   CONDUCT RULES FOR ALL EMPLOYEES
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                   7.  Ex Parte Proceedings :-
                       a.  When Charge Memo, Notice of Enquiries etc. are refused to be received by the Delinquent, the
                           disciplinary authority shall proceed with the disciplinary action ex parte.

                       b.  Normally, when the delinquent refuses to receive notice/s in person, they are to be sent to his
                           last known  address by registered post with acknowledgment card. Postal  endorsements like
                           'refused to receive', 'intimation given - not collected',  'left  without intimation', are  to be

                           considered as sufficient service of notice, i.e. the delinquent deliberately refuses, knowing the
                           contents. But return of postal cover  with endorsements like  'left without  notice', will  not
                           amount to sufficient service. In such cases, it shall be necessary to publish the notice in a Daily

                           Newspaper having sufficient circulation in the area where the delinquent last resided. It is
                           suggested that such advertisement be given in vernacular. In spite of such advertisement, if no
                           intimation is received from the delinquent or he does not participate in the enquiry, it can be

                           conducted ex parte.
                       c.  There are circumstances where the delinquent, in spite of receiving the notices will choose to
                           remain  in cognito. In such cases, sufficient opportunities may  be given by adjourning the

                           enquiry, before the enquiry is conducted ex parte
                   8.  Enquiry Report :-
                       a.  The Enquiry Officer / Committee has to submit its report and findings based on the charges and

                          the evidence presented before him/it.  It is not for them to suggest punishments.
                       b.  The Disciplinary Authority may  independently come to a different conclusion supported by
                          necessary evidence available during the enquiry that have been over-looked by the Enquiry

                          Officer/Committee.  The  difference in conclusion should be based on  sound reasoning  and
                          should be mentioned in the show cause notice.
                   9.  Multiple Proceedings : -
                       a.  When an employee is habitual in committing misconducts, action against him for more than one

                          misconduct for different instances may be conducted, simultaneously.
                   10.  Show cause notice :-

                       a.  Once the Report & Findings are received, the Disciplinary Authority shall issue a show cause
                          notice to the delinquent. Copy of the Enquiry Report & Findings of the Enquiry Officer, should
                          be furnished to the delinquent. Non-furnishing of the Enquiry Report amounts to violation of
                          principles of natural justice and make the final order liable to be set aside.

                       b.  Even if the delinquent does not ask for a copy of the report, it shall be furnished.


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