Order 24. Disciplinary action for misconduct

(1) A worker may be suspended by the employer pending investigation or enquiry into complaints or charges of misconduct.

(2) Such investigation or enquiry or where there is an investigation followed by enquiry, both the investigation and enquiry shall ordinarily be completed within ninety days from the date of suspension.

(3) The worker shall be paid subsistence allowance, which shall be subject to the condition that the worker does not take any employment elsewhere during the period of suspension.

(4) The amount of subsistence allowance shall be payable to such worker as under,-

(a) at the rate of fifty per cent of wages last drawn for the first ninety days of suspension; and

(b) at the rate of seventy-five per cent. of such wages for the remaining period, if delay in completion of proceedings is not directly attributable to the conduct of such worker.

(5) For the purposes of this standing order, misconduct shall include the following, namely:-

(a) theft, fraud, or dishonesty in connection with the employer’s business or property;

(b) taking or giving of bribes or an illegal gratification whatsoever in connection with the business of employer or his own interests;

(c) willful insubordination or disobedience, whether alone or in conjunction with another or others or of any lawful or reasonable order of a superior:

Provided that the order of the superior shall normally be in writing;

(d) habitual late attendance and habitual absence without leave or without sufficient cause;

(e) drunkenness, fighting or riotous, disorderly or indecent behaviours while on duty at the place of work;

(f) habitual neglect of work;

(g) causing willful damage to work in progress or to property of the employer;

(h) sleeping on duty;

(i) malingering or slowing down work;

(j) acceptance of gifts from subordinate employees;

(k) conviction in any court of law for any criminal offence involving moral turpitude;

(l) continuous absence without permission and without satisfactory cause for more than ten days;

(m) giving false information regarding one’s name, age, father’s name, qualification or previous service at the time of the employment;

(n) leaving work without permission or sufficient reason;

(o) threatening, abusing or assaulting any superior or co-worker;

(p) preaching of, or inciting to, violence;

(q) abetment of or attempt to abetment of any of the aforesaid acts of misconduct;

(r) going on illegal strike either singly or with other workers without giving fourteen days previous notice;

(s) disclosing to an unauthorised person any confidential information in regard to the working or process of the industrial establishment which may come into the possession of the worker in the course of his work;

(t) refusal to accept any charge-sheet or order or notice communicated in writing;

(u) failure or refusal to wear or use any protective equipment given by the employers; and

(v) claiming false bill for reimbursement;

(w) Involvement in unauthorized access of any IT system, computer network of the employer/ customer/client.

(x) sexual harassment as defined in clause (n) of section 2 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) and includes the circumstances specified in sub-section (2) of section 3 of the said Act.

(6) (a) Where a disciplinary proceeding against a worker is contemplated or pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the worker under suspension, the employer may, by order in writing, suspend him with effect from such date as may be specified in the order.

(b) A statement setting out in detail the reasons for such suspension shall be supplied to the worker within a week from the date of suspension.

(c) In the enquiry, the worker shall be entitled to appear in person or to be represented by an office-bearer of a Trade Union of which he is a member or a co-worker of his choice.

(d)The proceedings of the enquiry shall be recorded in Hindi or in English or the language of the State where the industrial establishment is located, whichever is preferred by the charged worker.

(e) The proceedings of the enquiry shall be completed within ninety days:

Provided that the period of ninety days may, for reasons to be recorded in writing, be extended for such further period as may be deemed necessary by the enquiry officer.

(f) upon conclusion of the enquiry or, as the case may be, of the criminal proceedings, the worker has been found guilty of the charges framed against him and it is considered, after giving the worker concerned a reasonable opportunity of making representation on the penalty proposed, an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:

Provided that when an order of dismissal is passed under this clause, the worker shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period and the subsistence allowance already paid shall not be recovered:

Provided further that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the worker shall be deemed to have been on duty during the period of suspension and shall be entitled to the wages as he would have received if not been placed under suspension, after deducting the subsistence allowance paid to him for such period:

Provided also that in the case of a worker to whom the provisions of clause (2) of article 311 of the Constitution apply, the provisions of that article shall be complied with.

(g) upon conclusion of the inquiry, or as the case may be, or the criminal proceedings, the worker has been found not to be guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received, if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period:

Provided that the payment of subsistence allowance under this clause shall be subject to the worker concerned not taking up any employment during the period of suspension.

(7) (a) in awarding punishment under this sub-paragraph, the authority imposing the punishment shall take into account any gravity of the misconduct, antecedents of the worker and any other extenuating or aggravating circumstances that may exist.

(b) a copy of the order passed by the authority imposing the punishment shall be supplied to the worker concerned.

(8) (a) a worker aggrieved by an order imposing punishment under sub-paragraph (4) may, within twenty-one days from the date of receipt of the order, appeal to the appellate authority specified under clause (b);

(b) the employer shall for the purposes of cause (a) specify the appellate authority;

(c) the appellate authority, after giving an opportunity to the worker of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same in writing:

Provided that where there is a complaint of sexual harassment, the Internal Complaint Committee constituted for such purpose in each industrial establishment for inquiring into such complaints, shall, notwithstanding anything contained in this paragraph, be deemed to be the enquiring authority appointed by the employer for the purpose of these standing orders and the said complaint committee shall hold the enquiry under this paragraph, unless separate procedure has been specified by the employer for the complaint committee for holding such enquiry into the complaints of sexual harassment, as far as practicable.

(9) The constitution of Internal Complaints Committee shall be in accordance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the rules made thereunder.

(10) The Internal Complaint Committee referred to in sub-paragraph (9), shall prepare and submit every year an annual report, to the employer and the District Officer.

(11) The employer shall include in the annual report of his organisation the number of cases filed, if any, and their disposal under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.