CHAPTER-III DISCIPLINARY RULES

1.

DISCIPLINARY ACTION PROCEDURE a) Before awarding any of the punishments specified in these service rules, an employee concerned shall be issued a charge sheet or statement of alleged acts of misconduct, calling for the explanation of the employee concerned. If the employee pleads guilty the management may dispose of the case with suitable corrective / disciplinary action. Else if the management is satisfied with the reply may drop the charge sheet. If the reply is not found satisfactory, a domestic enquiry shall be conducted by any officer of GVK EMRI or an outsider nominated by the Management. Where considered necessary an external enquiry officer may be appointed. The employee if he desires, may have one representative from amongst the co-workers (to act as defense council or to assist him/her. The Employee shall be permitted to produce witnesses for his defence for which he has to make his own arrangements. He may also cross examine the management witnesses on whose evidence the charge rests. The charged Employee will be supplied with a copy of the proceedings of enquiry on closing of the enquiry if requested by the Employee on payment of requisite amount. The enquiry officer shall write the findings and forward the same to the Management who shall, if the employee is guilty after taking into account the gravity of misconduct and the extenuating circumstances if any shall decide the punishment and communicate to the concerned charged employees. b) i. ii. iii. Following Procedures are included: Types of Misconduct & measures of disciplinary action Discipline / Enquiry procedure & Pronouncement of Corrective / Disciplinary Action process Appeal process for employee

2.

MISCONDUCT

Misbehavior by an Employee of GVK EMRI in the exercise of the duties or otherwise, and includes any act of commission or omission in breach of any policy of GVK EMRI and includes any misconduct towards any employee of GVK EMRI or its client / customer or supplier or business partner. a) MINOR MISCONDUCT Every employee of GVK EMRI who are involved in the below given acts will be considered of committing Misconduct. GVK EMRI shall hope that most of the employee problems can be corrected at an early stage, benefiting both the employee and GVK EMRI. The problems listed below are not necessarily serious

offences; but may be examples of unsatisfactory conduct that will trigger a warning. The list below is only illustrative and not conclusive. 1) Habitual tardiness without reasonable cause 2) Absence without leave and without sufficient cause - not exceeding 6 days of absence 3) Disorderly conduct on employer property. Non-return of Companys properties on or before the stipulated period 4) Immoral or indecent conduct on employer property 5) Interfering with the work of other employees 6) Negligence in work or habitual neglect of work 7) Inefficiency or lack of effort on the job 8) Violating any of the policy of GVK EMRI not amounting to major misconduct. 9) Contributing to unsanitary conditions on the job 10) Contributing to poor housekeeping on the job 11) Endangering the safety of other employees. Failure to use safety equipment, protective gear / appliances, prescribed uniform / Dress code, safety clothing and the like while on duty. 12) Malicious gossip and / or spreading rumors 13) Boisterous or disruptive activity in the workplace 14) Unauthorized use of telephones, mail system, or other employer owned Equipment 15) Violation of personnel policies 16) Unsatisfactory performance or conduct, improper behaviour, committing nuisance on the office premises 17) Use of offensive, profane or foul language against the co-employees 18) Smoking in the Ambulance or office premises or in areas designated as non smoking zone 19) Failure to report to work as scheduled 20) Failure to notify of any change in residential address when proceeding on leave / outstation 21) Obtaining or attempting to obtain leave of absence by false pretence or feigning sickness 22) Falsifying or refusing to give testimony when accident or other matters are being investigated 23) Leaving the place of work before scheduled departure time 24) Failure to comply with security rules. Entering or leaving or attempting to enter or leave the premises except by the Gates provided for the purpose. 25) Interference with any safety devices installed 26) Absence from the place of work without permission or without reasonable cause or remains in the office premises after authorized hours of work without due permission 27) Engaging in private work or trade 28) Sleeping while on duty.

29) Displaying or distributing the companys premises hand bills, pamphlets, play cards, posters, banners, unauthorized badges etc. without the prior written permission 30) Proxy attendance or falsification of attendance. 31) Unauthorized use of GVK EMRI building, land and/or other property 32) Failure to report immediately to his superior or Reporting Manager any defect in any equipment connected with his work which might endanger himself or any other person or might result in damage to the property 33) Handling any machine, vehicles, equipment, apparatus etc. not entrusted to his charge. 34) Leaving the work place before the arrival of the reliever or without informing the superior. 35) Refusal on the part of employees to work on a similar job / machine, other than the job or machine on which he is usually employed or refusal to work overtime (including on Sundays and Holidays) when exigencies of work demanding 36) Applying for appointment, educational scholarship, fellowships, and travel grants or for any training without prior permission 37) Unsafe Driving 38) Indulging in political activities: 39) Entering and/or moving within the factory premises a) Without identify card and/or badge on his person while on duty and b) Without permission while not on duty 40) Failure to adhere to rules or breach of rules and regulations, instructions, practices, conventions, methods and procedures etc. as applicable to the Institute for regulating work, safety of the personnel, discipline, good conduct, cleanliness, avoidance of wastage of time / materials or for proper running of the establishment or breach of any other rules and regulations of GVK EMRI. b) MAJOR MISCONDUCT Every employee of GVK EMRI who is involved in the below given acts will be considered of committing Major Misconduct and may result in immediate suspension pending Enquiry. Following are the list of acts amounting to serious /MAJOR misconduct, the list being illustrative and not conclusive. 1. Theft, fraud, breach of trust or dishonesty in connection with the GVK EMRI business or property or property of its Partners / Clients / Customers. 2. Writing letters including anonymous or pseudonymous letters criticizing coworkers/superiors, making false reports 3. Embezzlement of funds 4. Forgery, Impersonation, Falsification of records and/or defalcation 5. Taking or giving bribes or any illegal gratification / gift / entertainment or indulging in any corrupt practice 6. Deliberately making malicious / false allegations knowing them to be false.

7. Any other Act involving moral turpitude which is punishable under the I.P.C.1860 or Conviction by a court of law for any offence involving moral turpitude 8. Sabotage; Espionage 9. Working under the influence of alcohol or illegal drugs 10. Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating on employer or its Partners owned equipment 11. Fighting, quarrelling or threatening or committing violence in the workplace/premises of GVK EMRI or its ambulances, causing or attempt to cause bodily injury to another employee, boot-legging or conduct which violates the common decency or morality of the community or threatening or intimidating any employees of the works or Improper behaviour towards women at workplace. 12. Any Damage whether willful or due to irresponsible action, negligence or carelessness, to work in process or to any property of GVK EMRI or of its Partners / clients / customers. 13. Disclosing to any unauthorized person or persons any confidential information in regard to work or any process used in the Company which comes into the possession of employee during the course of his/ her work. 14. Falsification of documents including false declaration regarding age, qualification and experience in the application at the time of appointment or any other time. 15. Using or commercializing or alienating any invention, discovery or patent invented, discovered or patented as the case may be, in the course of the Employees employment under the GK EMRI for the benefit of himself or any other person, firm, company or corporation 16. Gross or Habitual negligence or neglect of work 17. Insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of his superiors 18. Habitual Absenteeism / frequent late attendance 19. Violation of safety or health rules 20. Misappropriation 21. Possession of dangerous or unauthorized materials, such as explosives or fire arms, in the workplace, 22. Dishonesty in connection with GVK EMRI.s property or its operations/services. 23. Carelessness or misconduct resulting in injury to others 24. Allowing operation of company equipment by non - GVK EMRI employees 25. Gambling on premises including Ambulances and vehicles used in GVK EMRI operations. 26. Using equipment without authorization or training 27. Instigating a fight on company property. Picketing/ or demonstrating within the office premises 28. Removing the property of another employee from company premises

29. Refusal to perform assigned work 30. Logging on the system under someone elses ID. 31. Hideaway or attempt to hide away any article or material belonging to the Institute or of any person in the premises. 32. Solicit or collect contributions for any purpose whatsoever at any time in the office premises without prior permission of the Management. 33. Acceptance of gifts from subordinate employees, lending or borrowing money to or from employees & habitual indebtedness / insolvency etc. 34. Refusal to accept or to take notice of any order or charge sheet or any other communication served either in person or in due course by post or by notification on the official Notice Board. 35. Refusal to accept / act upon transfers from one shift, department, division or place to another. Organizing / holding, attending or taking part in any meeting or gathering without due permission, within the premises and/or during working hours. 36. Spreading false rumors or giving false information which may bring GVK EMRI into disrepute or its employees, or spreading panic among the employees. 37. Participation in or instigation to a strike or abstaining from duty or refusal to work. Canvassing for union or Association or party membership or the collection of union or party dues, funds and contributions during working hours or in office premises. 38. Slow-down in performance of work or inciting others to resort to go slow or malingering. 39. Any act of commission or omission effecting the GVK EMRI or causing loss or damage to the GVK EMRI or public property and /or any act which is not befitting of the employees of the GVK EMRI 40. Habitual offenders of minor misconduct, though facing a charge for an offence categorized as a minor misconduct. (convicted/found guilty on 3 or more occasions previously) 3. PENALTIES

GVK EMRI will reserve its right to impose penalties on the employees who have committed Major Misconduct activities during the course of official duties. a) Minor Penalties GVK EMRI shall impose below given Minor penalties when the Employee has committed Minor Misconduct during the course of performing official duties. i. ii. iii. iv. v. Censure / Warning in writing or Fine not exceeding Rs. 50. Withholding of promotion Recovery of whole or part of any pecuniary loss to GVK EMRI, caused by the officials negligence or breach of orders. Reduction to a lower stage

vi. vii.

Withholding of increments of pay / compensation hike. Suspension, without pay for a period not exceeding 4 days at a time

b) Major Penalties GVK EMRI shall impose below given Major penalties to an employee guilty of MAJOR misconduct as shown above. i. ii. iii. iv. v. 4. With holding of increments / compensation hike. Reversion / Demotion to a Junior or lower position / level / grade or Reversion/reduction up to the minimum of the scale of pay Compulsory Retirement / Discharge from service. Removal / termination from Service without notice or any compensation in lieu of notice. Dismissal from service without notice or any compensation in lieu of notice

SUSPENSION a) An employee of GVK EMRI may be placed under suspension during the following circumstances: i. Where a disciplinary proceeding against him is contemplated or is pending, or ii. Where in the opinion of the authority competent to place the employee under suspension, he has engaged himself in activities prejudicial to the interest of the security of the state, or iii. Where a case against him in respect of an criminal offence Is under investigation, inquiry or trial iv. A member of a service may be placed under suspension from service even if the offence for which he was charged does not have bearing on the discharge of his official duties. b) A member of GVK EMRI may be deemed to be placed under suspension i. If he is detained in custody, whether on a criminal charge or otherwise for a period exceeding forty-eight hours; ii. In the Event of a conviction for an offence, sentenced to a term of imprisonment exceeding forty-eight hours. iii. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon employee under suspension is set aside on appeal or on revision or review under the rules and as the case is remitted for further enquiry, the order of his suspension shall be deemed to have continued in force from the date of original order of dismissal, removal. iv. Where a penalty of dismissal, removal from service imposed upon employee is set aside or declared or rendered void, inconsequence of or by a decision of a court of law and the authority competent to impose penalty, on a consideration of the circumstances of the case, decides to hold a further enquiry against him on the allegations on

v.

vi.

which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the authority competent to impose suspension from the date of original order and shall continue to remain under suspension until further orders. An order of suspension made or deemed to have been made shall remain in force until it is modified or revoked by the authority which made or is deemed to have made the order or by an authority to which that authority is sub-ordinate. Employee is suspended or is deemed to have been suspended during the pendency of disciplinary proceedings and suspension shall continue till the Disciplinary proceedings are completed.

5.

SUBSISTENCE ALLOWANCE DURING SUSPENSION An employee under suspension is entitled during the 1st year thereof to a subsistence allowance not exceeding half of his salary on the date, preceding the date of this suspension. a) Provided that where the period of suspension exceeds 3 months, it shall be within the competence of the suspending authority to reduce the amount of subsistence allowance for any period, subsequent to the period of the first 3 months, by an amount not exceeding fifty percent of the subsistence allowance so admissible, if, in the opinion of such authority, the prolongation of the suspension has been due to reasons directly attributable to the employee. b) Provided further that the competent authority has discretion to retain the subsistence allowance at the same rate as allowed during the first six months period, if, in the opinion of the competent authority, the prolongation of suspension has been due to reasons not directly attributable to the employee. c) Provided further that where the period of suspension exceeds one year, it shall be within the competence of the competent authority to enhance such proportion of subsistence allowance for any subsequent period, beyond the period of 1st one year, by an amount not exceeding 75% of salary so admissible, if in the opinion of the competent authority, the prolongation of the suspension has been due to reasons not directly attributable to the employee. N.B.:- Salary for this purpose is the rate of basic salary (+Dearness salary where applicable), payable to him immediately prior to date of suspension.

6.

INQUIRY MANDATORY

GVK EMRI shall conduct due inquiry compulsorily as per the rules in the following given circumstances.

a) To impose any of the major penalties (in respect of those charges which are not accepted); or b) In Minor penalty proceedings, after representation, if it is proposed i. To withhold increment for a period exceeding three years; or ii. To withhold increment without cumulative effect for any period c) When the Disciplinary Authority decides, an inquiry should be held, even though proceedings have been initiated for imposition of minor penalties only. d) No enquiry will be needed when the allegations and charges are accepted and/or admitted by an employee in writing. 7. DISCIPLINE PROCEDURE (SUMMARY DISPOSAL OF CHARGES) a) The disciplinary authority to examine the charge sheet for its correctness. If no prima facie evidence exists, he may have a preliminary investigation ordered to get to the facts / prima facie evidence. b) The Disciplinary Authority shall deliver or cause to be delivered to the Accused employee(s), a copy of the articles of charge or the statement of the imputations of misconduct or misbehavior and a list of documents and witnesses by which each article of charge is proposed to be sustained and copies of the said documents and statements of the said witnesses and shall require the employee to appear before the Disciplinary Authority on such day and at such time not exceeding 5 days and submit a written statement of his defense and to state whether he desires to produce any evidence in his support. c) On the date fixed for appearance, the Employee shall submit the written statement of his defense. The Disciplinary Authority shall ask the employee whether he is guilty or has any defense to make and if he pleads guilty to any of the articles of charges, the Disciplinary Authority shall record findings of guilty in respect of those articles of charge to which the employee pleads guilty and take such evidence as it may think fit and dispose off the case with suitable penalty OR proceed with Enquiry if enquiry is mandatory in such cases, as if employee pleaded not guilty. d) Where the Employee appears before the Disciplinary Authority and pleads not guilty to the charges or omits to plead, the Disciplinary Authority shall record plea of Not guilty and obtain signature of the employee thereon and may decide to hold inquiry itself or if it considers necessary may appoint an Inquiring Authority for holding inquiry into the charges. e) When case is disposed off without ordering further enquiry, due regard be given to the nature of misconduct whether inquiry is mandatory for such case. Also measure of penalty be communicated in writing & also copy kept in HR for records.

8.

PROCESS OF ENQUIRY a) When the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a GVK EMRI employee, it may itself inquire into, or appoint an authority or a committee to enquire into the truth thereof, as the case may be. Enquiries into minor misconduct may be done by a single enquiry officer detailed for the purpose. Considering the sensitivity / complexity of the issues involved, a committee may be constituted to conduct the enquiry. In case of Committee the same could be headed by any of the following, with due regard to the position of the Accused & seriousness of misconduct. Head HR or any HR Official of appropriate seniority Legal Advisor, where feasible From among Managers of appropriate seniority When felt appropriate an external consultant could be engaged to conduct the enquiry. b) The enquiry committee shall not include any person/s who: i. are related to the person accused of the misconduct; ii. reports into the said Accused; iii. is known to or has past history of bias against or in favor of the Accused; iv. is a witness to the inquiry; v. In case of inquiry into sexual harassment case, the committee member should not have had a complaint of sexual Harassment raised against him/her in the past i. ii. iii. iv. c) For all enquiries, HR Head will issue notice of enquiry nominating the enquiry officer / committee, place & commencing time of assembly etc., with a copy to the Accused and all concerned. He is to issue the Terms of enquiry to the Enquiry Committee. A junior officer may be co-opted as member in attendance. i. While the investigation is on, the accused is advised not to try to influence any other employee in any manner, not to meet any employee and not to attend the office if directed by the Reporting Manager. For all issues related to any female employee, HR head will ensure a suitable female committee member is included in enquiry process. GVK EMRI reserves the right to order for an enquiry only when required on special misconducts and not all.

ii. iii.

d) The On the day so fixed, the Disciplinary Authority shall serve copies on the employee containing the orders appointing Inquiring Authority and the Presenting Officer. I. The Disciplinary Authority shall inform the Employee to submit within five days a list of documents which he requires to be discovered or produced by GVK EMRI for the purpose of his defense indicating the relevance of the documents so required.

II.

III.

IV.

The Disciplinary Authority shall on receipt of the notice for the discovery or production of documents, forward to the authority in whose custody the documents are kept with, a requisition for the production of the documents on such date as may be specified in such requisition. (The Disciplinary Authority to record its refusal to requisition such of the documents as are in its opinion, not relevant to the case). On receipt of requisition, the authority having the custody or possession of requisitioned documents shall produce before the Disciplinary Authority. Where the Employee to whom a copy of the article of charge has been delivered does not submit the written statement of defense on or before the date specified for the purpose or does not appear in person before Disciplinary Authority, the Disciplinary Authority may decide to dispose the case ex-parte after communicating at the officially recorded address by Registered post. It will be a good compliance to place a notice of such order in the official notice board or issuance of paper publication in the local daily news paper

e) The Disciplinary Authority shall forward to the Inquiring Authority i. ii. iii. iv. v. vi. vii. Terms / scope of enquiry Copies of article of charge and statement of imputations of misconduct or misbehavior. Copy of the written statement of defense if any submitted by the employee Copies of the statements of witnesses referred to: Copies of documents referred to: Evidence proving the delivery of copies of the documents referred: Copy of the order appointing Presenting Officer

f) After receiving the documents mentioned, if considered necessary, the Inquiry authority, may issue a notice of change of date / venue, in writing to the presenting Officer and also the Accused employee & witnesses to appear before him on such day or such time and place specified by him not exceeding five days from the date of original commencement. The Presiding Officer and employee shall appear before Inquiring Authority on the date fixed. g) If the employee informs the Inquiring Authority that he wishes to inspect the documents for preparing defense the Inquiring Authority Shall order that he may inspect within 2 working days and Presenting Officer shall arrange for the inspection accordingly. h) The Inquiring Authority shall call upon the employee whether he admits the genuineness of any of the documents copies of which have been furnished to him and if he admits the genuineness of any document it may be taken as evidence without any proof by the concerned witness. All documents taken on record may be marked as Exhibits to the proceedings, numbered in chronological

i)

j)

k)

l)

m) n)

o)

p)

q)

r)

order. On the dates fixed for recording the evidence, the oral and documentary evidence by which the articles of charges are proposed to be proved shall be produced by or on behalf of the Disciplinary Authority. If requested by the presenting officer, the Inquiring Authority may adjourn the case for inquiry to a future date not exceeding 3 working days on each occasion, for production of evidence and require the Presenting Officer to produce the evidence accordingly, by which he proposed to prove the articles of charge. The evidence shall be recorded, preferably in chronological order, as far as possible on day-to-day basis, till the evidence on behalf of the Disciplinary Authority is completed. The Witnesses may be examined by or on behalf of the presenting Officer and shall be cross examined by or on behalf of the Accused Employee(s). Denial of cross-examination of any witness shall be recorded. 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 permission of the Inquiring Authority. The Inquiring Authority may also put such questions / seek clarifications as he thinks fit. If it appears necessary, before the closure of the case presentation on behalf of the Disciplinary Authority, the Inquiring Authority may, in its discretion, allow the Presenting Officer to produce additional evidence not included in the list given to the employee or may call for new evidence or may recall and re-examine any witness. In such case the Accused employee shall be entitled to have a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry not exceeding two days for examination of such new evidence (exclusive of the day of adjournment and the day to which the inquiry is adjourned). The Inquiring Authority shall give the Employee an opportunity of inspecting such evidence /documents before they are taken on the record. When the case for the Disciplinary Authority is closed, the Accused employee shall be required to state his Defense orally or in writing as he may prefer and to submit a list of witnesses to be examined on his behalf for which purpose the case may be adjourned to date not exceeding 10 days. If the defense is made orally, it shall be recorded by the enquiry officer and signature of the Accused employee obtained. Copy of statement of defense and list of defense witnesses shall be shown / forwarded to Presenting Officer. The case shall be adjourned if requested by presenting officer, not beyond 3 days. The evidence on behalf the Employee shall be produced or the Accused employee may examine himself in his own behalf, according to the provisions as applicable to the witnesses for the Disciplinary Authority. If the Inquiring Authority after having heard whole or part of the evidence in the inquiry is unable to continue / conduct further inquiry, the Inquiring Authority succeeding may act on the evidence recorded or partly recorded by its predecessor. The Inquiring Authority after completion of the production of evidence permit

s)

t) u)

v)

Employee & presenting officer to file written briefs / summary of their respective case if they so desire. The Inquiring authority may record its deliberations as to conduct of the witnesses / Accused & relevant observations during the conduct of the proceedings not emerging in the recorded evidence, to provide clarity to the proceedings. Such deliberations recorded date wise, shall form part of the enquiry proceedings. On conclusion, the Inquiring Authority shall record the Findings and shall forward the same along with the records of the inquiry to the Disciplinary Authority. After conclusion of the inquiry, a report shall be prepared and it shall contain Articles of charge, statement of the imputation of misconduct and misbehavior, Defence of the Employee in respect of articles of charge, Assessment of the evidence in respect of each article of charge, Findings on each article of charge with reasons thereof and recommendations of admissible Penalty. The Inquiring Authority where it is not itself the Disciplinary Authority shall forward to the Disciplinary Authority, records of inquiry which shall include:

o Enquiry Report as stated above o The written statement(s) of defense of employee(s) o Oral and Documentary evidence recorded / produced during the course of inquiry o Exhibits forming part of the proceedings o Written briefs if any filed by the Presenting Officer or employee or both during the course of the inquiry. o Deliberations recorded, if any, by the Enquiry committee o Orders if any made by Disciplinary Authority and Inquiring Authority during the course of inquiry. Where the enquiring authority is not itself the Disciplinary Authority, the disciplinary authority will forward a copy of the enquiry officers find ings to the charge-sheeted employee calling for his submissions thereon if any. On receipt of the submissions of the charge sheeted employee and/or in case the chargesheeted employee fails to make any submissions, within the time prescribed, the disciplinary authority will consider the findings of the enquiry officer and examine the enquiry proceedings. w) When the Disciplinary authority accepts the findings of the enquiry officer, it shall issue orders of punishment, on the basis of the gravity of the misconduct and after considering the past record of the employee, specifying the time limit for the accused to appeal against the punishment order. 9. PERIOD OF LIMITATION FOR APPEALS

No appeal under this part shall be entertained unless it is submitted within a period of one month from the date on which the appellant receives a copy of the order appealed against, provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

A. Procedure for Submission of Appeals a) Every person submitting an appeal shall do so separately and in his own name, duly signed. b) The appeal shall be legibly written, be accompanied by a copy of the impugned order appealed against, shall contain all material statements and arguments relied on by the appellant, shall contain no disrespectful or improper language, and shall be complete in itself. c) The appeal shall be addressed to the authority to which the appeal lies under these Regulations, submitted through the usual official channel and routed through the authority from whose orders the appeal is preferred. B. Consideration of Appeal a) In case of an appeal against an order of Suspension, the Appellate Authority shall consider whether the order of suspension is justified or not and confirm or revoke the order of suspension accordingly. b) In the case of an appeal against an order imposing any of the penalties, the appellant authority shall consider i. Whether the procedure laid down is complied with and if not, violation of any provisions of discipline policy or violation of Principles Natural justice. ii. Whether the findings of disciplinary authorities are warranted by the evidence on the record. iii. Whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe c) The Appellate authority shall pass such order, as to confirming, reducing or setting aside the penalty or remitting the case to the authority which imposed penalty. 10. CONDONATION OF DELAY

Save as otherwise expressly provided, the authority competent to make any order may, where good and or sufficient cause is shown, extend the time for anything required to be done hereunder or condone the delay. If any doubt arises as to the interpretation of any of the provisions of these rules the matter shall be referred to the General Body whose decision shall be final. However where financial loss caused to the INSTITUTE because of the misconduct of the Employee, the loss quantified can be recovered from the employee out of the Gratuity, if any payable to the employee and from other amounts payable to him as admissible under the law. 11. EXPENSES OF WITNESSES

The expenses of witnesses called at the instance of the employee charge sheeted should be borne by him and those of other witnesses called at the discretion of the

inquiring Authority, by the Institute. 12. ISSUE OF COMMUNICATIONS, NOTICES OR ORDERS ON EMPLOYEES a) A communication, notice or order addressed to an employee in pursuance of any action taken or contemplated under these Regulations shall, if practicable, be served personally on him by delivering or tendering to him one of the duplicates of such communication, notice or order. b) Where, however, it has not been found practicable to serve the duplicate communication, notice or order personally on the employee, it shall be sent to the last known address of the employee by properly addressing, pre-paying and posting by registered post with acknowledgement due, and unless the contrary is proved, the communication, notice or order shall deemed to have been served on the employee at the time at which the copy so sent is delivered in the ordinary course by post. c) For the purpose of this regulation, it shall be the duty or every employee to notify at the time of his appointment, the address to which communication, etc., intended for him may be sent when he is not on duty and to keep the head of the office or unit to which he is attached for the time being, the changes, if any, occurring in his address from time to time. d) If a communication, notice or order sent by post under clause (2) for any reason returned un-delivered then a copy of such communication, notice or order shall be displayed for a period of not less than one week on the notice board of the office or unit in which the employee was last working, and on the expiry of such period, the communication, notice or order shall be deemed to have been served on the employee for the purpose of these Regulations.