These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Discipline and Appeal) Regulations, 2008.

Shree Siddhi Vinayak Ganpati Tempie Trust (Prabhadevi) Services (Discipline and Appeal) Regulations, 2008, The Shree Siddhi In exercise of the powers conferred by sub-section (3) Vinayak Ganpati of 15 read with the Sub Section (2) of section 14 af the Shree Temple Trust Siddhi Vinayak Ganpati Temple Trust {Prabhadevi), {Prabhadevi) Act, 1980 (Mah.VIof 1881), the Shree Siddhivinayak Ganpati Act, 1980 Temple Trust Management Committee, hereby makes, with previous approval of the Government of Maharashtra the following regulations, mamely PART —1 GENERAL 1. Short title and Commencement.- (1) These regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadévi) Services (Discipline and Appeal) Regulations, 2008 (2] Theyshall come into force on 2008 9. Definitions - In these regulations, unless the context otherwise requires,- () “Act” means the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevs) Act, 1980 (Mah. V1of 1981} (b) “appointing authority”, in relation to & Trust servant means,- - (i} the anthority competent o make appointment to the service of which the Trust servant is for the time being ‘amember or to the grade of the service in which the Trustservant is for the time being mcluded; or {11) the authority competent to make appointments to the past which the Trust servant for the time being holds; or (iii) the authority which appointed the Trust servant to such service, grade or post, as the case may be; () "Committes” means the Management Committes Constituted under section 5 of the Act; (d) Dhisciplinary authority” means the authorty competent under these regulations to'impose on a Trust servant any of the penaltiés specified in regulation 5; {e) “Executive Officer”™ means the Executive Officer appointed by Government under section 12 of the Act; {f) “Government” means the Government of Maharashtra; (@) Tegal Practitioner” means an advocate, Vakil or attorney of any H.'u_gh Court, mukhtar or revenue agent (h) "miajor penalty” means any of the penalties specified in items (v1i) to (ix} (both inclusive) of sub-regulation (1) of regulation 5 (i} “minor penalty” means any of the penulties specified in (i} to (vi) (both inclusive) of sub-regulation (1) of regulation & (j) “State” means the State of Maharashtra; [k]‘Tmsj" means the Shree Siddhi Vinayak Ganpati Temple Trist {Prabhadevi) (1} "T'rust servant” means any person who is appointed to Trust service or post in connection with the affairs of the Trust. 8 Ap-piicafigk' - (1) Except as otherwise provided by or under these regulations, these regulations shall apply to every Trust servant not being - () any member of any Government Service on deputation to the Trust, {b) persen in casual employment of the Trust. (2) Notwithstanding anything-contained in clause (1), the Committee may, by order, exclude any class of Trust servants from the operation of all or any of these regulations. (8) [T any doubt arises,- (a) whether these regulations or any of them apply to any person, or (b} whether any person to whom these régulations apply. belong ta a particular service, the Committee shall decide the same and the decision of the Committes shall be final. PART -II SUSPENSION : 4. Suspension.- (1) The appointing authority or the disciplinary authority or any other autharity empowered n that behalf by the appointing authority, by general or special order, may place a Trust servant under {a) where a disciplinary proceeding against him is contemplated or is pending, or (b) where in the epinion of the authority aforesaid, he has engaged himsell in activities prejudicial to the interest of the Trast, or ere 4 case against him in respect of any nce is under inwst_igation, inqu.'lr} or irial : i criminal Provided that, where an authority makes the order of suspension other than the appointing authority, such authority shall forthwith report to the appointing authiepity, the circumstances in which the order was made. {2) A Trust servant shall be deemed to have been placed under suspemsion by an order of the appointing authority.- {a) with cffect from the date of his detention, if he 15 detained in police or judicial eustody, whether on criminal charges or otherwise, for a period exceeding forty-eight hours; (b} with effect from the date of his conviction, if in the event of a convietion for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is mot forthwith dismissed or removed or compulsorily retired consequent 1o such conviction. Explanation.- The period of forty-cight hours referred to in clause (b} of sub-regulation {2), shall be computed from the commencement of the imprisonment after the conviction and for this pitpose, intermittent periods of imprisonment, if any, shall be talen into account, (8] Where a penalty of dismissal, removal or compulsory retivement from- service imposed upon a Trust servant under snspension s set aside in appeal or on review under these regulations, and the case is remigted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the origingl order of dismissal, removal or compulsory retivement and shall remain in fore until further orders, [#] Where a penalty of dismissal, removal or compulsory retivement from service nnposed upon a Trust servant is set aside or declared or rendered void in consequence of, or by, a decision of a Court of Law and the disciplinary authority, on a consideration of the citcumstances of the case, decides to hold 4 further inquiry againgt him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Trust servant shatl be deemed o have been placed under suspension by the appointing aitharity from the date of the original order of disrmissal, removal or compulsory retivement and shall continue to remgin under suspension until firther orders: Provided that, ne such further inguiry shall be ordered unless it is intended to meet & situation where the Court has passed an order purely on technical grounds without going into the mevits of the case. (5] (a) An order of suspension made or deemed to have been made under this regulation shall continue to remain in foree until it is modified or revoled by the authority competent to do so. (b] Where a Trust servant is suspended or is deemed tw have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority e competent to place him under suspension may, for reasons to be recorded by it in writing, direct that the Trust servant shall continue to be under suspsnsion until the termination of all or any of such ‘proceedings. (¢} An order of suspension made or decmed to have been made under this regulation may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authanh 10 which that authority is subordinate. PART —III PENALTIES AND DISCIPLINARY AUTHORITIES 5. Penalties.- (1) Without prejudice to the provisions of any law for the time being in force, the following penalties may, for good and sufficient reasons and as hereinafter provided, he imposed on 8 Trostserva ot, namely:- Miner Penalties:- (i) censure; (ii) m_g_‘_llgl_nhuldin.g of his promotion; (iii} recovery trom his pay ef the whole or part of any pecuniary loss caused by him to the Trust, by negligence or breach of orders; {iii)_. avithheldi ng ol nerements of pay; {v) reduction to a lawer stage in the time scale of pay for a specified period. With further divections as co whether ot not the Trust servant will earn increments of pay during the period of such reduetion and whether on the expiry of such period, the reduction will or will nat have the effect of postponing the fumre increments of his pay; (vi} reduction to a lower time-scale of pay, grade, post. or service which shall erdinarily be a bar to the promotion of a Trust servant to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions or restoration to the -time-scale of pay, grade, post or service from which the Truost servant was reduced and his seniority and pay on such restoration to that time- scale of pay, grade, post or services; Major Penalties:- (wii} compulsory retirement; {vili} removal from service which shall not be a digqualification for further employment under any public Authority ie the State as defined in- Article 12 of the Congtitution of India ; (ix} dismissal from service which shall ordinarily be a disqualification for fature employment under any Publie Authority te. the State as defined in Article 19 of the Constinetion of India: Provided that, in every case in which the charge of acceptance from any person any gratification other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause {wiii) or (ix) shall be imposed: Provided further that, in any exceptional case and for special reasons recorded in writing any other penalty may be imposed. Explanation- The following shall not amount to a penalty within the meaning of this regulation, namely: - (i) Withholding of increments of pay of a Trust servant fior his failure to pass any departmental examination or the Hindi and Marathi language examination i accordance with” the regulations or orders governing the service to which he belongs or post which he holds or the terms of his appointment; (i} Stoppage of a Trust servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar; (iii} Non-pramotion of a Trust servant, whether in a substantive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible, on administrative ground unconnected with his conduct; (iv) Reversion of a Trust servant officiating on a higher service, grade or post to a lower service, grade or post in the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct; {v) Reversion of a Trust servant appointed on probation to any other service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the regulations and orders governing such probation; (vi) Replacement of the services of'a Trust servant, whose service had bgen-borrowed fromany Government in India or any authority underits control, at the disposal of such Government, or authority; (vii) CGempulsory retirement of a Trust servant in aceordance with thi provisions rclating to his superannuation or retirement; J (viii) Termination of the services- {#) afa Trust servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the regulations and orders governing such probation; or {b)u&% temporary Trust servanl employed under an agreement, in aceordance with the term of such agreement. (&) Where a. penalty mentioned in item (v) or (vi) in sub- vegulation (1) is imposed on a Twst servant, the authority imposing the penalty shall expressiy state in the order imposing such penalty that the perind for which the reduction is to he effective penalty that the period for effective will be exclusive of any interval spent on leave before the period 15 completed, &. Disciplinary Authorities - (1) The Committes may impose any of the penalties specificd in regulation & on any Trust servant. {2) Without prejudice to the provisions of sub-ragulation (1), the appointing authorties may impose any of the penalties specified inrégulation 8 upon members of group ‘C* and group ‘DY Services serving under them, whom they have power Lo appoint: Provided that, the Executive Officer shall exercise the powers of imposing minor penalties on Group 'C' and Group ‘D’ Trust servants under their respective administrative control, o 7. Authority to institute proceedings.- (1) The Committes or any other authority empowered by it by general or special order ey, {a) institute disciplinm'y.proce:r:dings against any Trust servant; (b direct a disciplinary authority to institute disciplinary proceedings against any Trust servant on whom that disciplinary authority is competent ‘to impose under these regulations any ol the l]{.‘lla]til‘.fi speu'[ir.rl in regu]m.'mn 5. (¢) direct the transfer of any pending enquiry from any enquiring autherity, appointed by the disciplinary authority under sub-regulation (2) of regulation 8, to any other enquiring authority if he is satisfied that it is necessary for timely completion of enguiry. 2} A disciplinary authority competent under these regulations to impose any of the penalties specified in regulation 5 may institute disciplinary proceedings against any Trust servant on whom the disciplinary authenty is competent to impose any of the penalties spevified in regulation 3. PART -1V PROCEDURE FOR IMPOSING PENALTIES & Procedure for imposing major penalties- (1) No order imposing any of the major penalties shall be made except after an inquiry held, as far as may be, in the manner provided in this regulation or regulation 9. (2} Whenever the disciplinary authority is of the opmion that there are grounds for inguiring into the truth of any imputation of misconduct or mishehaviour against a Trust sevvant, it may itself inquire inte, or a appomt an authority under this regulation o inquire into the truth there of . Explanation- Where a diseiplinary authority itself holds an inguiry under this regulation, any reference to an inquiring authority in this regulation shall unless the context otherwise requires, be construed as reference to the disciplinary authority. (3) Where it is proposed to hold an inquiry against a Trust servant under this regulation, the diseiplinary authority shall draw up or cause to be drawn up,~ aL {a) the substance of the imputations of misconduct or mishehaviour into definite and distinet articles or charge; or (h a Rta!c’mentnfthe imputations of miscondict or misbehaviour in supp-ort of each article of charge, which shall contain - (i) & staltement of all relevant facts including any admission or confession made by the Trust servant; and (i} list of documents by which, and a list of witnesses by whom, the articles of ¢hiarge are proposed to be sustained. (4) The disciplinary authority shall deliver or cause to be delivered to the Trust servant, a copy of articles of charge, the statement of the imputations of misconduct ar misbehaviour, and a list of‘docmnamfi:nnd af the witnesses by which each article of rhargn is propesed to be sustamed and shall by a written notice require the Trust servant to submit to it within such time as may be specified in the notice, a written staterent of his defence and to state whether he desires to be heard in person. {5) (a) On receipt of the written statement of defence, the diseiplinary authorily may itsell inquire into such of the articles orcharge a5 art notadmitted, or, ifit congiders it necessary so to do, appoint under sub-regulation (2), an mquiring authority for the purpuu:,.au “where all the articles of charge have been admitted by the Trust servant in his written Statement of defence the diseiplinary authority shall vecord its findings on each charge afier taking such evidence as it may think fit and shall act in the manner laid down in regulation 9 of this regulation: () If no written statement of defence is submitted by the Trust servant, the disciplinary authority may itself inquire into the articles of eharge or may, if it considers it necessary to do so, appsmt under sub-regulation (2) of these regulations as a inguiring authority for the purpose; (&) Where the disciplinary suthority appoints an inquiring authority it may, by an order, appoint a “I'rust servant or a legal practitioner, to be known as the "Presenting Officer” to present the case in support of the articles of charge hefore the inquiring authority. (6) The disciplinary anthority shall, where it 15 not the inquiring authority, forward to the inquiring authority,- iz (1) & copy of each of the articles of charge and the statement of the imputations of misconduct or misbehaviour; (ii} a copy of the written statement of defence, it any, submitted by the Trust servant; (i1i} copies of statements of witnesses, if any, referred to in sub- regulation (%) of this regulation; {iv) eviden{:e-pm\riding the delivery of the documents referred to in sub-regulation () of this regulation; (¥) a copy of the order appointing the Presenting Officer. (7) The Trust servant shall appear in person before the inquiring authority on such day and at such nme within ten working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviowr, as the nguiring authority may, by a notice in writing, specify in this behalf or witlin such further time not exceeding ten days, as the inquiring authority may allow. (8) The Trust servant may take the assistance of any other Trust servant or retived Trust servant or retived Government servant to present the case on his bebalf, but may not engage o legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority, baving regard to the circumstances of the case, su permits, (9) If the Trst servant who has not admitted any of the articles of charge in his written statement of defence, or has not submitted any written statement of defence, appears before the inqui.ring anlharity. such aul.hority shall ask him whether he is 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 signature of the Trust servant thereon. (10} The mquiring authority shall return a finding of guilt in respect of those articles of charge to which the Trust servant pleads guilty. (11} The inquiring authority shall, if the Trust servant fails to appear within the specified time or refuses or omits to plead, by B require the Presenting Officer to produce the evidence by which he proposes to prove articles of charge and shall adjourn the case to a later date not exceeding thirey days, after recording an order that the Trust servant may, for the purpose of preparing his defe en;‘r,; (i) inspect within five days of the order or within such further time not exceeding five days as the inguiring - autherity may allow, the documents = specified in the list referred o i sub-regulation (§)" of this regulation, (i) submit a list of witnesses to be examined on his behalf. (iif) give anotice within ten days of the order or within such further time not exceeding ten days as the inguiring authority may allow, for the discovery or production of any documents which are in the possession of the Trust but not mentioned in the list vefereed to in sub-regulation (8) of this regulation, indicating the relevance of such doctments, (18) Where'the Trust servant applies orally or in writing for the supply of copies of the statements of witnesses mentioned i the list referred to in sub-regulation (8) of this vegulation, the inquiring authority shall furnish him with such copies as early as possible, and in any case not latep, ghan three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority. 15) Where the inquiring authority receives a notice from the Trust servant for the discovery or production of documents, the inguiring authority shall forward the same or copies thereof w the authority in whose custody or possession the documents are kept with a requisition for the production of the documents by such date as may be specified in such requisition to the case: Provided that, the inguiring authority may, for reasons to be recorded by it in writing, refuse tw requisition such of the documents as are, in its opinion, not relevant to the case, (14) On receipt of the requisition referred to in sub- regulation (13), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority: Provided that, i’ the authority having the custody or possession of the requisitioned documents is satisfied for reasons to he recorded by it in writing that the production of all or any of such documents would be aguinst the interest of the Trust, it shall inform the inquiring authority and the inquiring authority shall, on being so informed, communicate the information to the Trust servant and withdraw the requisition made by it for the pradiiction of discovery of such doeuments, [15) The inquiry shall be commenced on the date fixed in that behalf by “the inquiring authovity and shall be continued - thereafter on such date or dates as may be fixed, from time to ume, by that authority, {18) 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 behall of the Presenting Officer and may be cross-examined by or on hehalfof the Trust servant. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may alse put such questions to the wimesses as it thinks fit. (17) Ifit shall appear necessary before the close of the case on_behalf of the disciplinary authority, the inquiring authority may, in its diseretion, allow the Presenting Officer to produce evidence not included in the list given to the Trust servant or may itself call for new evidence or recall and re-examine any witness and in such case the Trust servant shall be entitled to have, ifhe demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three elear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inguiring authority may also allow the Trust servant to produce new evidence, il it is of the opinion that the production of such evidence is necessary in the interests of justice : SE o T, Bl JX, Provided that, no new evidence shall he permitted ‘or called for or any witness shall be recalled to [l up any gap in the evidence unless there is an inherent lacuna or defect in the evidence which has been produced originally. L (18) When the case for the disciplinary authority is closed, the Trust servant shall be requived to state his defence, orally or in wriling, as he may prefer in wnLi,uS. If the defence is made orally. it shall be recorded in writing and the Trust servant shalk be required‘to sign the record. Tn either case, a copy of the statement of defence shall be given to the Presenting Officer appointed, ifany. (19} Th'wmjdame on behalf of the Trust servant shall then be produged. The Trust sepvant may examine himself on his own hehalfif he so prefers. The witnesses produced by the Trust according to the provisions applicable to servant shall then be examined by the inquiving authority the witnesses for the dhsciplinary anthority. (20} The inquiring authority may, after the Trust servant closes his case and shall, if the Trust servant has not examined himself, gener "B,{y_"qumtlon him on the circumstances appearing against him in theevidence for the purpose of enahling the Trust servant to expldin any circumstances appearing in the evidence against ham. {21) The inquiring authority may, after the completion of the produgtion of evidence, hear the Presenting Officer, appointed, if any, and the Trust servant, or permit them to file written briefi of their respective case, if they so desire: (22) If the Trost servant to whom a copy of the articles of charge has been delivered, does not submit a written statement of defence on or before the date specified for the purpose or does not appear in person before the inguiring autharity or otherwise fails or refiuses to comply with the provisions of this regulation, the inquiring authority may hold the inquiry ex parte. (24)(a) Where a disciplinary authority competent to impose any of the minor penalties but not competent to impose any of the mjor penaltics has itself ingquired into or caused to be inguired into any of the articles of charge and that autherity, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it. Ifit is of the opinion that any of the major penalties should be imposed on the Trust servant, that authority shall forward the records of the inquiry such disciplinary authority as is competent to impose such major penalty. ~ (b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, recall the witnesses and examine, cross-examine and re-examine the-witnesses, and may impose on the Trust servantsuch penalty as it may be deem fit in accordance with these regulations : Provided that, if any witnesses are vecalled, they may be cross- examined by or on behalf of the Trust servant. (2¢) Whenever any imquiring authority, after having heard and recorded the whole or any part of the evidence in an nquiry eases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercise. such Jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessors, 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 las already heen recorded is necessary in the interest of Justice, it may recall, examine, cross—examine and re - examine any such witnesses as hereinbefore provided: Provided further that, if any witnesses are recalled, they may be cross-examined by or on behalf of the Trust servant. (25) After the conclusion of the inquiry, the inguiring authority chall prepare a veport. Such report shall contain~ {a) the articles of the charge and the statement of the amputations of misconduct or mishehaviour, [b) the defence of the Trust servant in respect of each article of charge: {c) an assessment of the evidence in respect of each article of charge; {d) the findings on each article of charge and the reasons therefor. (26) Where, in the Opll'llDIl of the inguiring authority, the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its finding on such article of charge Provided that, the findings on such article of charge shall not be recorded unless the Frust servant has either admitted the facts on. which such article of charge is based or has had a reasonable qppm{umty of defending himself against such article of charge.: 27) The inquiring authority, where it is not itselfthe disciplinary authority, shall forward to the dlsnpl.mnry authority the records of inquiry which shall include, - (a) the report prepared by it under sub-regulation (2a); {b) the written statement of defence, if any, submited by the Trustservant; (e} the oral and decumentary evidence produced in the course of the inquiry; © {d} written briefs, if any, filed by the Presenting Officer or the Trust servant or both during the course of the mquiry; and (€] the orcers, if any, made by the disciplinary authority and the inquiring atithority in regard to the mquiry. 9, Action on the inquiry report.- (1) The disciplinary authority, if it is not itself the mquiring authority may. for reasons to be rvecorded by it in writing, vemit the case to the inquiring authority for frther inguiry and report, and the inguiring autharity shall thereupon proceed to hold the furtber inquiry stmardfihg 1o the provisions of?'egula('mu 8 of these regulations as far as may be. (2) The disciplinary authority shall if it 35 not the inquiring autherity, consider the record of the inguiry and record its findings on each charge. I it disagrees with the findings of the inquiring authority on any article of charge, it shall record its reasons for such disagreement. (8) If the disciplinary autharity having regard to its findings on all or any of the articles of charge is of the opinion that any of the minor penalties should be imposed on the Trust servant, it shall, notwithstanding anything contained in regulation 10 of these regulations on the basis of the evidence adduced during the inquiry held under regulation 8 determine what penalty, if any, should be imposed on the Trust servant and make an order imposing such penalty. (4) Ef the disciplinary authority, having regard to its findings on all or any aof the articles of ch!rrgt' and on the basis of the evidence adduced during the inquiry, is of the opinion that any of the penalties specified in clauses (v) to (ix) of sub-regulation (1) of regulation 5, should be imposed on the Trast servant, it shall make an order imposing such penalty and it shall not be necessary to give the Trust servant any epportunity of making representation on the penalty proposed to be imposed. 10, Procedure for imposing minor penalties- (1) Save as otherwise provided 1 sub-regulation (3) of regulation 9, no order imposing on a Trust sexvant any of the minor penalties shall be made except after,- (a) informing the Trust servant in writing of the proposal to take action against him and of the imputations. OF misconduct or misbehaviour on which itis proposed to be talen, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal; (b) holding ar inquiry in the manner laid down i regulation 8, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary; (¢) taking into consideration the representation, ifany, submitted by the Trust servant under elanse (a) of this regulation and the record of inguiry, ifany, held under clause (b) of this regulation; anud (d} recording a finding on each imputation of misconduct or misbehaviour. (2) Notwithstanding anything contained in clause (b} of sub- regulation (1), if in 4 case it is proposed, after considering the representation, if any, made by the Trust servant under clause (a) of that sub-regulation, to withhoeld increments of pay and such withl mlrling of increments is 1ike]}r to alfect adverse!y the amount of pension payable to the Trust servant or to withhold increments of pay with comulative effect for any period, an inquiry shall be held in the manner laid down in sub- regulations (2) and (27} of regulation &, hefore making any order of imposing on the Trust servant any such penal ty: (8) The record of the proceedings in such cases shall include,- (). acopy of the intimation to the T'rust servant of the _proposal to take action against him; (i} @& etopy of the Statement or imputations of misconduct or misbehaviour delivered to him; (iii) his representation, if any; {iv) the evidence produced during the mquiry: (v} the findings on each imputation of ‘miscenduct or misbehavieur; and (vi) the orders in the case together with the reasons therefor, 11, Communication of orders- Orders made by the disciplinary authority shall be communicated to the Trust servant who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authotity and a copy of its findings on each article of charge, or where the disciplinary authority is not the ingu ing authority, 4 copy to the report of the inquiry authority and a statement of the findings of the disciplinary autharity together with briel reasons for its disagreement, iff any. with the findings of the inquiring authority unless they have alveady been supplicd to him). 12. Common Proceedings- (1) Where two or more Trust-servants are concerned inany case, the Committee orany other authority competent to impose the penalty of dismissal from service on all such Trust servants may make an erder directing that disciplinary action against all of them may be taken in a common proceedings, (2) Where the authorities competent to impose the penalty of dismissal an such Trust servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others. (8) Every order for taking disciplinary action in a common pl'uul“{:ding shall ape-ci Fy,— (i) the anthority which may function as the diseiplinary authority for the purpose of such comumon proceeding, (i} the penalties specified in regulation 5 which such disciplinary authority shall be competent to impose and (iii) whether the procedure laid down in regulation 8 and regulation & or regulation 10 shall be followed in the proceeding. 15 Special procedure in certain cases.- Notwithstanding anything contained in regulation 8 to regulation 12 of these regulations.- {1} where any penalty is nnposable on @ Trust servant on the ground of conduct which has led to his conviction on a criminal charge, or (i) where the disciplinary authority 15 satisfied for reasons to be vecorded by it in writing that it is not reasonably these regulations jor pru\"ld_c (it} where the Committee is satisfied that in the interest of the Trust, it is not expedient to hold any inquiry n the manner provided in these vegulations, the disciplinary authority may consider the cireumstances of the case and make such orders theve; is 55 it deems fit Provided that, the Trust servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case uneter elause (i), PART-V APPEALS 14. Orders against which no appeal lies- Notwithstanding anything contained in this part, no appeal shall lie against,- (i) any order made by the Committee; () any order of an interlocutory nature or of the nature of a step-in-aid or the final disposal of a diseiplinary proceeding, other than order of suspension; (iii) any order passed by an inquiring authority in the course of an inquiry under regulation 5 of these regulations. 15. Orders algainst which appeal lies,- Subject to the provisions of regulation 6, a Trust servant may prefer an appealazainst all or any of the following orders, namely:- (i} an order of suspension made or desmed to have been “made under regulation 4-of these regulations; {i) an erder imposing any of the penalties specified in regulation 5 of these regnlations, whether made by the disciplinary authority or by any appellate or reviewing authority; (iv) an order enhancing any penalty, imposed under regulation 5 of theses regulations; ook e (Mam%._ggfw ich; ) {a) denies or varies o his disadvantage his pay allowance, pension or other conditions of service as regulated by regulations or by agreement; or - gh) demies promotion 1o which he is otherwise eligible according to the recruitment regulation and which is dae to him accerding to his seniority; or {e) interprets to his disadvantage the provisions of any such regulation or agreement; (v) anorder,- {a) stapping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (b) reverting him while officiating in a higher service, grade orpost to a lower service, grade or post, otherwise than as a penalty; {c ) determination the subsistence and the other allowances 1w be paid to him for the period of suspension or for the period during which he is a4z deemed to be under suspension or for any portion thereof: (d) determining his pay and allowaneces,- (i) for the period of suspension, or (it) for the period from the date of his dismissal, removal, or compulsory retirement from servie, or from the date of his reduction toa lower service, grade, post, time=seale or stage in a time-scale of pay to the date of his reinstatement or restoration to his service. grade or post shall be treated as a period spent on duty for any purpose. Explanation- In -this regulation the expression “Trustservant” includes a person who has ceased wbein Trust serviee. 16, Appellate authorities.- (1) Subject to the provisions of any law for the time being in force,- (i} & member of Group "A' or Group ‘B service including apersan who belonged to any of these classes immediately before he oeased to be in service, may appeal to the Committee against the orders imposing penalties on him passed by the authorities subordinate to the Committes; {ii} & member of Group 'C" or Group 'T¥ service including a person who belonged o any of those classes immediately before he ceased ta he in service, may appeal to the immediate superior of the officer imposing a penalty - upon him under regulation 5 of these regulations and no fisrther appeal shall be admissible to him. (2) Nowwithstanding anything contained in sub- regulation (1) of this regulation- (i} an appeal against an order 10 common proceeding held under regulation 12 of these regulations shall lie to the authority to which the authority fimetioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate, (ij) where the person who made the order appealed against begomies, by virtue of his subsequent appointment or otherwise the appellate authority in respect of such order, an appeal against such order shall lie to the authority o which such person is immediately subordinate, 17, Period of Limitation for appeals- No appeal preferved under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the arder appealed against is delivered to the appellant: Provided that, the appellate autherity may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferving the appeal in time. 18 M.qifé; form and contents of appeal- (1) Every person preferring an appeal shall do so separately and in his own name’ and shall address it to the authority to which the appeal lies. (2) The appeal shall be complete in 1t and shall contain all material statements and arguments on which the 19. Submission of appeals- (1) Every appeal shall be submitted ta the authority which made the order appealed (2) deeopy of the appeal shall also be submitted direct to the appellate authority, 20. Transmission of appeals.- The authority which made the ovder appealed against shall, on receipt of a copy of the appeal, without any aveidable delay, and without walting for any direction from the appellar.e authority, transmit to the appellate authority, every order together with tts comments thereon and the relevant records. 21. Consideration of appeal~ (1) Tn the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provision of regulation 4 of these regulations and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order, accordingly, (2] In the case of an appeal against an order imposing any of the penaltics specified in regulation 5 of these regulations ar enhancing any penalty imposed under that regulation. the appellate authority shall consider,- (#) whether the procedure laid down in these regulations has been followed, and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of ustice; (b] Whether the findmgfi of the dmup]mar)' authority are warranted by the evidence on the record; anid (e) Whether the penalty or the enhanced penalty imposed 15 adequate, inadequate or severe; and pass orders, = (i} Confirming, enhancing, reducing or setting aside the penalty; or (i) Remitting the case to the authority which had passed the orderappealed against, with such directions as it may deem it in the circumstances of the case : Provided that,- (i} the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the prder appealed against is competent in the caseto impose; (i1) if the enhanced penalty which the appellate authority proposes to impose 1s one of the major penalties and an inquiry under regulation 8 has not already been held in the case, the appellate authority shall, subject to the provisions of regulation 13, itself hold such inquiry or direct that such inquiry be held in aceordance with the provisions of regulation 8 and thereafter, on a consideration of the proceedings of such inguiry, make such orders as it may deem fit; and (iii) if the enhanced penalty which the appellate authority proposes to impose is one of the majar penalties and an inquiry under regulation & of these regulations has already been held in the case the appellate authority shall make such orders as ic nu ~deem fit, O (#) In an appeal against any other order specified in regulation 15 of these regulations, the appellate authority shall consider all the circumstances of the case and make ~ “such orders as it may deem just and equitable. 22 Implementation of orders in appeal.- The authority which made the order appealed against. shall give effect to the orders passed by the appellate authority PART — VI REVISION AND REVIEW 23, Revision- (1) Notwithstanding anything contained in these wg\fl;nw the Comonitter or any authority subordinate to it w which an appedl against an order imposing any of the penalties specified in regulation 5 of these regulations lies may, at any time, either on his or its own motion or otherwise call for the records of any enquiry and revise any order made under these regulations from which an appeal lies but against which no appeal has been preferved or orders against which na appeal has been preferred or orders against which no appeal lic s, and may- (&) coufirm, modify or set aside the order; or (b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose -uny penalty where no penalty has been imposed ; or {c) remis the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstanees of the case; or (4} pass such other orders as 1t may deem fir, Provided that, no order imposing or enhancing any penalty shall be made by any revising authority, unless the Trust servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed, and wheve it is proposed to impose any of the major penalties or ta enhance the penalty imposed by the order sought to he revised to any of the major penaltics, no such penalty shall be imposed except after an inguiry in the manner laid down in regulation & of these regulations: Provided further that, no piwer of revision shall be exercised by the suthority to which an appeal against an order imposing any of the penalties specified in regulation 5 of these regulations, lies unless,- (1) the authority which made the order in appeal, or (ii) the autherity to which an appeal would lie, where no appeal has been preferred is subordinate to it. {2} No proceeding for revision shall be commenced until after,- (i) the expiry of the period of limitation for an appeal, (ii} the disposal of the appeal, where any such appeal has been preferred. (8] An application for vevision shall be dealt with in the same manner as if it were an appeal under these regulations, except that the period of limitation for its consideration shall be six months commencing from the date on which a copy of the order under réfi;jon is delivered to the applicant. 24 Review.- The Cominittee may, at any time, either on its own motion or otherwise, review any order passed under these regulations, when any new material or evidence which could not be produced o was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come or has been brought, to its notice: Provided that, mo order imposing or enhancing any penalty shall be made by the Committee unless the Trust servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed, or where it is proposed to impose any of the major penaltics specified in regulation 5 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an inquiry under regulation & has not already been held in the case, no such penalty shall be imposed except after an inguiry in the manner laid down in regulation 8, subject to the provision of PART —VII MISCELLANEOUS 25. Service of orders, notices, ete-Every order, notice and other process made or issued under these regulations shall be served in person on the Trust servant concernmed or communicated to him by registered post failing to which it may be served at his last known address, 24, Power to relax time limit and to condone delay - Save as atherwise expresaly provided in these regulations, the authority competent under these regulations tw make any order may, for gool and sufficient reasons or if sufficient cause is shown, extend the time specified in these vegulations for anything required to be done undqrfi:&@ regulations or condone any delay. 27 Savings.- (1) Nothing in these regulations shall be construed as depriving any person o whom these regulations _ apply of any right of appeal, which had accrued to him under the regulations, notifications or orders in foree before the commencement of these regulations. (2} Anappeal pending at the commencement of these regulations agamst an owler made before such eommencement shall be considered and orders thereon shall be made, in accordance with these regulations, as if such orders were made under these regulations. {8) As from the commencement of these regulations any appeal or application for review against any orders made before such commencement shall be preferred or made under these reglations, as it such orders were made under these regulations: Provided that, nothing in these vegulations shall be construed as reducing any period of limization for any appeal or veview provided by any vegulation in force before the commencement of these regulations. 28, Removal of doubt.- Where & doubt arises as to whether any authority is subordinate to, or higher than, any other authority or as to the interpretation of any of the provisions of these regulations, the matter shall be referred to the Committee whose decision therean shall be final. (Executive Officer) Shree Siddhivinayak Ganpati Temple Trust Mansgement Committee