Enquiry Proceedings PDF

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BHARAT COKING COAL LIMITED

(A Miniratna Company)

CONDUCT DISCIPLINE AND APPEAL RULES, 1978


ENQUIRY PROCEEDINGS – ‘Steps and Processes’:

Commission/ Detection/ Report of Misconduct

Under Company Norms Under Constitutional Norms (Criminal Offence)

Prima-facie Enquiry Detention by Law

Submission of Enquiry Report to the DA Deemed Suspension-Form-VIA (24.3)


(If agreed with the findings)

Suspension Order in SUSPENSION (May or May not be) Issuance of Charge-sheet


Form-VI (24, 24.1)

Charge-sheet (Rule-24.2) Withdrawal of Suspension (by DA) after Bail


Subsistence
Allowance DA has to decide the Gravity of the
Misconduct for issuing C/S under
(Rule-25)
Minor (PP) or Major (PP) If convicted by court of law

Withdrawal of
Suspension (May or Issuance of C/S under Minor Issuance of C/S under Major Explanation is sought from the
May not be by DA) (PP), Form-VIB Rule-27.1.1 (PP) Form-VIIA Rule-27.1.11 accused employee
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Appropriate orders are passed by the DA keeping in view
the submissions of the delinquent employee in case of
C/S under Minor (PP) and conviction by court

If reply found satisfactory by the DA for the C/S under Appropriate orders are passed by the DA
Major (PP)
Else
Constitution of Enquiry Committee by the DA(Rule-29)

Appointment of IA & PO – Rule-29.4, 29.5

Common Proceedings-Rule-33

*Co-w should not be Co-worker ENQUIRY Rule-29.8


in more than 3 enquiry IO PO AW CO-W*

If not pleaded by the Accused Workman (AW)

Enquiry Proceedings

Supply of ME (Management Exhibits) to the AW

-- List of Defense Witness Examination in chief by the PO


-- Addl Documents by AW (Rule-29.10, 29.11, 29.13) MW-1, MW-2 etc
ME-to be adduced
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Cross Examination of MW-1, MW-2 etc by the AW & Co-W

Completion of Prosecution case

Examination in Chief by the AW or Co-W (Along with


production of/(adduce) Defense Exhibit (DE) & Additional
Documents (AD)

Cross Examination of DW-1, DW-2, DW-3 etc by PO

Completion of Defense Case

Submission of Written Statement by the PO & AW


(Rule-29.17)

Written Statement of PO Written Statement of AW to the IA

To IA (One Copy) To AW (One Copy)

Submission of Reply on Written


Statement of PO by the AW to the IA
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Submission of Enquiry Report by the IA to the DA

Charges Proved or Not proved Copy of Enquiry Report to the AW (Rule-30, 30.1)

DA may agree or disagree Reply of AW on Enquiry Report to DA (Rule-30.2)

If DA agrees with the Enquiry Report (30.4) If DA disagrees with the Enquiry Report (30.3)

Exoneration Order or Punishment Order Difference Memo by the DA to the AW


(30.5, 30.6)

Reply of the AW

Punishment Order or Exoneration Order


(30.5, 30.6)

** DA has to decide the quantum of Punishment (Even if the charge-sheet is issued


under Major(PP), DA can impose penalty of Minor PP or Major PP).

** Employees on Deputation from Central Govt. or State Govt. (Rule-35)


-- Disciplinary action can be initiated by the DA in consultation with the
Lending Authority (LA) or the matter be referred to LA.
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APPEALS (RULE-36)

Within 30 days of issuance of


Penalty Order by the DA

Comment of DA + Relevant Document to be


sent to Appellate Authority (within 15 days) by Confirm the Penalty
the DA
Enhance penalty after
Disposal of appeal by the AA within three AA Can issuing showcause
months (90 days)
Reduce the Penalty
(36.1)

REVIEW Set-aside the Penalty

AA may call for records of the case for review


within 6 months from the date of final order.
(Rule-37)

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