PRESENTATION ON - KEBEAkebea.in/kebea_appdata/resources_documents/Paper-III Conduct and CDCA...

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PRESENTATION ON SERVICE (CONDUCT) REGULATIONS, 1988. CDCA REGULATIONS, 1987. K.E.Pradeep, M. Com., MBA (Finance)

Transcript of PRESENTATION ON - KEBEAkebea.in/kebea_appdata/resources_documents/Paper-III Conduct and CDCA...

PRESENTATION

ON

SERVICE (CONDUCT) REGULATIONS, 1988.

CDCA REGULATIONS, 1987.

K.E.Pradeep, M. Com., MBA (Finance)

DISCIPLINE

Discipline is the Management action to enforce

the organizational standards. The

organizational standards may be the know/

expressed. Standards means corporate

objectives as well as maintain absolute

integrity, maintain devotion to duty, hard work

and sincerity. In this respect, erstwhile KEB

has issued regulations namely,

THE KEB EMPLOYEES’ SERVICE

(CONDUCT) REGULATIONS, 1988.

DISCIPLINARY ACTION AND PROCEDURE

Disciplinary action is a tool in the hands of theManagement. In case this tool is not handled properlyand carefully it may adverse affect to the Management.In this respect, erstwhile KEB has issued regulationsnamely,

THE KEB EMPLOYEES’ CLASSIFICATION,DISCIPLINARY, CONTROL AND APPEALREGULATIONS 1987.

Prior to this said Regulations KCS (CCA) Rules, 1957was in force.

WHAT’S RELATION?

DISCIPLINE

DISCIPLINARY ACTION

DISCIPLINARY PROCEDURE

THE KEB EMPLOYEES’

SERVICE (CONDUCT)

REGULATIONS, 1988.

Every board employee shall at all time:

- maintain absolute integrity

- maintain devotion to duty

REGULATION 3

GIFTS (Reg.14)

- No Board employee shall accept, or permit any

member of his family, or any person acting on his

behalf to accept, any gift.

- On the occasions, such as weddings, anniversaries,

funerals or religious functions, may accept gifts from

his near relatives and shall make a report to the

Board if the value of any such gift exceeds;

– Rs.1000/- : Group-A & Group-B post;

– Rs. 500/- :Group C-post; and

– Rs.250/- :Group D post

POLITICAL AND OTHER INFLUENCES (Reg.18)

No Board employee shall bring/attempt

to bring any political/official/other

pressures for altering/amending any

orders of transfer/promotion/similar

orders made in the interest of Board

service.

PROPER USE OF AMENITIES (Reg.19)

No Board employee shall misuse

amenities provided for him by the

Board to facilitate the discharge of

his public duties.

?

?• e.g.

• Vehicle facilities.

• Uniforms

• Free lighting facilities. (8.5.1997)

• Medical facilities.

• Telephone Mobile facilities

MOVEABLE, IMMOVEABLE AND VALUABLE PROPERTY ( Reg.23)

REGULATION 23(1):

Every board/ KPTCL employee shall submit

Assets & liabilities statement for every year

after closer of calendar year.

Continued…..

REGULATION 23(2)

No Board employee shall, except with the

previous permission of the prescribed

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.

Continued…..

REGULATION 23(3)

Every Board employee shall report to the

prescribed authority every transaction

concerning moveable property owned or held

by him either in his own name or in the name

of a member of his family, if the value of such

property exceeds Rs.5, 000/- in the case of

Group-A or Group-B post or Rs.3, 000/- in the

case of Group-C or Group D post.

SECOND MARRIAGE (Reg. 27)

- No Board employee who has a wife living

shall contract another marriage without

obtaining the permission of the Board

- No woman Board employee shall marry any

person who has a wife living without first

obtaining the permission of the Board.

DOWRY (Reg.32)

No Board Employee shall-

- give or take or assist the giving or taking of

Dowry.

- Demand directly or indirectly from the parents

or guardians of a bride or bridegroom as the

case may be.

Acts & Omissions Shall Be Treated As

Misconduct:

• Taking or giving bribes.

• Willful in disobedience with his superior(s).

• Absence without leave or over staying the sanctioned

leave.

• Furnishing false information regarding name, age,

father’s name, qualifications, caste at the time of

employment.

• Habitual late comings or irregular attendance.

• Negligence in the performance of duty

• Encouraging casteism or communalism.

Continued…..

• Damage to any property of the Board.

• Gambling within the premises of the Board.

• Smoking within the premises of the Board

• Sleeping while on duty.

• Conviction in any court of law for any criminaloffence.

• Refusal to work on holidays or on closed days orextra hours when required to do so in exigenciesof the Board’s work.

• Falsification of Board records, impersonation orforgery.

Speciality of Time 70 Years of Life

All are Equal.

Doesn’t wait.

You can’t store.

You can’t hold.

You can’t save.

It continuously process.

25 Years - Sleep

8 Years –Study

6 Years – Rest and Illness

7 Years – Leave and

Entertainment

5 Years – Traveling

4 Years – Eating

3 Years – Preparation for

the above

12 Years – Work – to achieve

THE KEB EMPLOYEES’

CLASSIFICATION,

DISCIPLINARY, CONTROL

AND APPEAL REGULATIONS

1987.

CDCA REGULATIONS SHALL BROADLY CLASSIFIED IN TO 9 PARTS

PART I -GENERAL

PART II -CLASSIFICATION

PART III -APPOINTING AUTHORITIES

PART IV -SUSPENSIONS

PART V -PENALTIES AND DISCIPLINARY

AUTHORITIES

PART VI -PROCEDURE FOR IMPOSING PENALTIES

PART VII -APPEALS

PART VIII -REVISION AND REVIEW

PART IX -MISCELLANEOUS

SCHEDULES (I TO VIII)

GENERAL

• Appointing authority: Means the authority empowered to make

appointments to the service.

• Disciplinary authority: Means the authority competent to

impose penalty.

• Employee: Means the employee appointed on monthly rate of pay in any

permanent establishment.

• Application: These regulations apply to all employees appointed on

monthly rate of pay in any permanent establishment.

CLASSIFICATION (Reg. 5)

e.g. Mr. X is an JE, his BP is Rs.23080/- in the time scale Rs. 11750-360-

13910-420-16850-510-18890-570-20600-620-23080-700-25180-760-28220-850-29070

Mr. Y is an AE, his Basic pay is Rs.25780/- in the time scale Rs.18380-510-18890-570-20600-620-23080-700-25180-760-28220-850-30770-920-32610.

Mr. Z is an AEE, his BP is Rs.20600/- in the time scale Rs. 20600-620-23080-700-25180-760-28220-850-30770-920-35370-1060-43850.

CLASSIFICATION (Reg. 5)

Group-A : Minimum pay Rs.20600/- and above in

the time scale.

Group-B : Minimum pay Rs.18380/- and above

but below Rs.20600/- in the time scale.

Group-C : Minimum pay Rs.9050/- and above but

below Rs,18380/- in the time scale.

Group-D : Pay below Rs.9050/- in the time scale.

CAT - I – Rs. 27460 & above

CAT – II – Rs. 20030 to 27459

CAT - III – Rs. 14750 to 20029

CAT - IV – Below Rs. 14750

SUSPENSIONS (Reg.8)

• Suspension can be ordered by the Appointing

Authority or any Authority to which it is subordinate

when:

– departmental inquiry is contemplated or is pending: or

– criminal case is under investigation or trial.

Provided that, where the order of suspension is made

by an authority, which is lower than the appointing

authority, such authority shall report to the appointing

authority the circumstances in which the order was

made.

• Deemed suspension: if an employee is detained in

custody, for a period of exceeding forty-eight hours.

SUSPENSIONS (Reg.8)

During suspension Period:

employee is eligible for substantive allowance at therate of:

– Half of Basic Pay

– DP on subsistance allowance

– DA on subsistance allowance

– Other allowance on substance allowance

– HRA admissible from time to time on original (BP+DP) at the time of suspension.

– CCA admissible from time to time on original BP at the time of suspension.

Q. Mr. X, AEE was under suspension for 5 months drawing which suspension allowance at 50% as his pay w.e.f 1.9.2007.

Basic Pay 10000/- Annual Increment due on 1.12.2007

Calculate the suspension allowance to employee for the month of Jan-2008

SUSPENSIONS (Reg.8)

• During suspension Period:

– employee is not eligible to promotion

– employee is not eligible for any increments.

– employee is not eligible to take voluntary retirement.

– employee is not eligible for foreign tour.

– Employee is not entitled to any travelling allowance benefits

(Joining time, advance pay, TA, transfer grant etc.,) on

transfer by reinstatement. However, the benefits of travelling

allowance could be extended, when the employee is

exonerated of all the charges against him and period

suspension is treated as on duty( B16/9759/1986-87 dated

20.01.1993).

SUSPENSIONS (Reg.8)

During suspension Period:

Provided that Where the period of suchsuspension exceeds six months:

- the subsistance allowance for any periodsubsequent to the period as first six monthsas follows.

– > Can be enhanced upto 75% after 6 months if theproceedings are delayed not on account of theemployee,

– > Can be reduced upto 25% after 6 months if theproceedings are delayed on account of theemployee.

PENALTIES (Reg.9)

• MINOR PENALTIES

• MAJOR PENALTIES

MINOR PENALTIES:

i) Fine in the case of Group-D Board employees

ii) Censure:

iii) Withholding of increments, with or without cumulative effect;

iii) a) withholding of promotion

iv) Recovery of any pecuniary loss caused by negligence orbreach of orders

iv) a) Reduction to a lower stage in the time scale of pay for aperiod with a specific direction as to whether or not the Boardemployee will earn increments of pay during the period ofsuch reduction with reference to the reduced pay or whetherthe pay shall remain constant and with a further directionwhether on the expiry of the period of penalty the reductionwill or will not have the effect of postponing the future

increments of his pay.

MAJOR PENALTIES

v) Reduction to a lower time scale of pay, grade or

post or service

vi) Compulsory retirement

vii) Removal from service which shall not be a

disqualification for future employment

viii) Dismissal from service, which shall ordinarily be

a disqualification for future employment

PROCEDURE FOR IMPOSING MAJOR PENALTIES (Reg.11)

1) Issue of Notice.• - Articles of Charges

• - Statement of Imputation of misconduct

• - List of documents

• - List of witnesses

2) Examination of reply.

3) Appointment of Enquiry Officer and casePresenting Officer.

4) Examination of findings.

5) Issue of Final Show Cause Notice.

6) Final Order.

PROCEDURE FOR IMPOSING MINOR PENALTIES (Reg.12)

1. Issue of Notice.

2. Examination of reply.

3. Final Order.

SPECIAL PROCEDURE IN CERTAIN CASES: Reg. 14

Penalty can be imposed without conducting departmental

enquiry if a Board employee:

- is convicted on a criminal charge [after issuing of notice]; or

- absconding or does not take part in the inquiry or where for

any reasons to be recorded in writing it is impractible to

communicate with him or for reasons to be recorded in writing,

the disciplinary authority is satisfied that it is not reasonably

practicable to follow the procedure prescribed in the said

regulations, or

- where the Board is satisfied that in the interest of the security

of the Board it is not expedient to follow such procedure, the

disciplinary authority may pass such orders thereon as it deems

fit;

APPEALS

No appeal shall be made against any order passed bythe Board.

Every board employee shall be entitled to appeal tothe order passed by the Disciplinary authorities.

Appeal shall be submitted within a period of 3months from the date of the order.

Appellate authority may pass orders against theorder passed by Disciplinary authority:

Set aside or reducing or modify or confirming orenhancing or remitting back with such directions.

REVISION & REVIEW (BOARD’S POWER TO REVIEW Reg.26):

The Board is only the authority to review any order

which is made under these Regulations, and may pass

orders against the order passed by Appellate authority:

Set aside or reducing or modify or confirming or

enhancing or remitting back with such directions.

provided that no application by a Board employee for

reviewing an order in disciplinary proceedings

imposing any penalty other than those specified in

clauses (vi) to (viii) or Regulations 9 and in respect of

which an appeal is provided shall lie.