Procedure for inflicting major penalties.- Rules no 33- MEPS

33. Procedure for inflicting major penalties.-

(1) If an employee is alleged to be guilty of misconduct or misbehavior of a serious nature and if there is reasons to believe that in the event of the guilt being proved against him, he is likely to be reduced in rank or removed from service, the management shall first decide whether to hold an inquiry and also to place the employee under suspension and if it decides to suspend the employee, it shall authorize the Chief suspension and if it decides to suspend the employee, it shall authorize the Chief Executive Officer to do so after obtaining the permission of the Education Officer or, in the case of the Junior College of Education and Technical High Schools, of the Deputy Director. Suspension shall not be ordered unless there is a prim facile case for his removal or there is reason to believe that his continuance in active service is likely to cause embarrassment or to hamper the investigation of the case. If the management decides to suspend the employee, such employee shall, subject to the provisions of sub-rule (5) suspended with effect from the date of such order.

(2) If the employee tenders resignation while under suspension and during the pendency of the inquiry such resignation shall not b accepted. 

(3) An employee under suspension shall not accept any private employment. 

(4) The employee under suspension shall not leave the headquarters during the period of suspension without the prior approval of the Chief executive Officer. If such employee is the Head and also the Chief Executive Officer, he shall obtain the necessary prior of the President. 

 

(5) A employee against whom proceedings have been taken on criminal charge or who detained under any law for the time being in force providing for preventative detention shall be considered as under suspension for any period during which he is under such detention or he is detained in police or judicial custody for a period exceeding forty-eight hours or is undergoing imprisonment, and he shall not be allowed to draw any pay and allowances for such period until the termination of the proceedings taken against him or until he is relieved from detention and is in a position to rejoin duty after producing documentary proof of his release (otherwise than on bail) or acquittal, as the case may be. An adjustment of his pay and allowances for such periods shall be made according to the circumstances of the case, the full amount being given only in the event of the employee being acquitted of charge or detention being held by the court to be unjustified. 

(6) After the result of the criminal prosecution, a copy of the judgement shall be obtained by the Management and if he judgement is one of conviction for the charges and if an inquiry is also initiated by the management against the employee on the basis of the same charges, it shall not be necessary to proceed with the inquiry on the same charges and the Management shall take action to terminate the services of the employee. The management shall not, however, pass any order till the period up to which the employee is entitled to prefer and appeal or revision application to the higher Court against the conviction by the lower court is over. If the appeal or revision application is preferred, the management shall no take any action till the conviction is finally confirmed by the higher court. When the judgement in the criminal case, appeal or revision application is one of acquittal, the management shall consider in the light of the judgement whether it is necessary to institute or proceed with the inquiry. If the management agrees that the acquittal is justified, it may drop the inquiry by certifying that is agrees with the finding of the court. If the management does not agree with the findings, it may proceed with the inquiry and inflict proper punishment.