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CDA Rules/Standing

Orders/Disciplinary
Procedures

GAIL (CDA) RULES 1986

Important Definitions
Conduct: The way a person acts, especially from the
standpoint of morality and ethics.
The manner in which one behaves: action (often used in plural),
behavior, manner of acting or conducting yourself.

Discipline : The term "discipline" comes from the Latin word


"disciplinare," which means "to teach." Many people, however,
associate the word with punishment, which falls short of the
full meaning of the word. Through discipline, one is able to
learn self-control, self-direction, competence, and a sense of
caring. Discipline means orderly behavior it means voluntary
and willing compliance of rules and regulations and
instructions.

Appeal :To make application to a higher


authority. An application to a higher
authority, as for sanction or a decision.
Together they are titled as Conduct
Discipline and Appeal Rules
They contain certain dos and donts
along with certain service conditions.
Public employment Vs. Private
employment
Privileges Vs. Responsibilities

Why do we want Discipline?

Discipline is a must in any organization for


improving the employee morale as well as to
increase the productivity which is the ultimate
goal of any organization.

Discipline is of utmost importance for harmonious


working with a view to achieve Companys
Objectives.

It is moral responsibility of the employer not to


allow the minority of the employees who are
indisciplined to affect the life of majority.

How does indiscipline arise?


In most of the cases, indiscipline of an
employee is the expression of his reaction to
his environment. Usually the causes of
indiscipline are:
Lack of awareness of Companys rules and
regulations:
Absence of any procedure to handle grievances:
No action taken when required
Personal frustrations and misunderstandings
There could be many other different reasons.

Corrective and Punitive Action:


Indiscipline is basically a behavioral
problem, hence it is necessary that
before taking any punitive action, all
efforts should be made to improve
the behavior of the employee by
correcting him through education,
counseling, persuasion and cautioning.
In case of no improvement, recourse
to Disciplinary Action

The Source:
The employees of public sector undertakings are
governed by the discipline and appeal rules
framed by the respective public sector
undertaking in exercise of the powers conferred
upon it by the Articles of Memorandum
constituting it. The CVC on the basis of the
report of a working Group including
representatives of important PSUs has also
approved the draft of a set of Model Conduct,
Discipline & Appeal Rules for PSUs and they have
been circulated by the BPE.

GAIL Employees' (CDA) Rules, 1986


These Rules shall apply to employees (including
deputationists) except:
Those in casual employment or paid from contingencies;
Those governed by the Standing Orders under the
Industrial Employment
(Standing Orders) Act, 1946.
Workman means a person as defined in the Industrial
Employment (Standing Orders) Act, 1946 and to whom the
provision of these Rules shall not apply.
Disciplinary Authority means the authority specified in
the Schedule under Rule 29 and competent to impose any of
the penalties specified in Rule 28.

Family in relation to an employee includes :


the spouse of the employee whether residing
with him/her or not but does not include a
spouse separated from the employee by a
decree or order of a competent court;
sons or daughters or stepsons or
stepdaughters of the employee and wholly
dependent on him, but does not include a child
or stepchild who is no longer in any way
dependent on the employee or of whose
custody the employee has been deprived of by
or under any law;
any other persons related whether by blood
or marriage to the employee or to such
employees spouse and wholly dependent on
such employee.

RULE - 4 : GENERAL - (Dos & Donts)


1) Every employee of the Company shall at
all times:
i) Maintain Absolute integrity;
ii) Maintain devotion to duty; and
iii) Do nothing which is unbecoming of a
public servant or employee of the Company.
The rule has very wide application.

Theoretically it can cover any lapse on the


part of the employee. (Not to be used in
petty cases)

Integrity: The word relates it to the Latin


adjective integer .
Integrity is holding true to one's values
Devotion: Performing official duties and exercise
powers conferred in the best judgment, with
sincerity and faithfulness.
Moral turpitude: It is an offence inherently
criminal
Unbecoming of a public servant: He must conduct
himself in such a manner which does not bring
harm or disrepute to his employer.

Rule 4A: Prohibits sexual harassment of any women at


her work place
RULE - 5 : MISCONDUCT- LIST
RULE - 6 : Regulated the employment of near
relatives of the employees of the Company in any
Company or firm enjoying patronage of the Company
Section 6

A person shall be deemed to be a relative of


another if, and only if:
a) they are members of a Hindu Undivided
Family; or
b) they are husband and wife; or
c) the one is related to the other in the manner
indicated in Schedule I-A. .

RULE - 7 : PROHIBITS TAKING PART IN


DEMONSTRATION
RULE - 8 : PROHIBITS CONNECTION WITH
PRESS OR RADIO
RULE - 9 : SUBSCRIPTION PROHIBITS
COLLECTION OF FUNDS
RULE - 10 : PROHIBITS CRITICISM OF
GOVERNMENT AND THE COMPANY
RULE - 11 : PROHIBITS TAKING PART IN
POLITICAL ACTIVITY
RULE - 13 : UNPROHIBITS
AUTHORISED COMMUNICATION OF
INFORMATION

RULE - 25 : SUSPENSION
1) The appointing authority or any authority to which it is
subordinate or the disciplinary authority or any authority
empowered in that behalf by the management by general or
special order may place an employee under suspension :
a) Where disciplinary proceedings against him is
contemplated or is pending; or
b) Where the case against him in respect of any criminal
offence is under investigation or trial.
c) Where continuation in office of the employee is likely to
seriously subvert discipline in the office in which he is
working; or

RULE 25 : SUSPENSION
d) Where there is a prima facie case of sexual
harassment of woman at work place against an
employee.
[No.CO/HR/Pol/P-11, dated 22.6.2005]
2) An employee who is detained in custody, whether on
a criminal charge or otherwise, for a period exceeding
48 hours shall be deemed to have been suspended with
effect from the date of detention, by an order of the
authority, and shall remain under suspension until
further orders.

RULE - 28 : PENALTIES
Minor Penalties
a) Censure;
Explanation
Where departmental proceedings have been held under
GAIL Employees (CDA) rules and it is considered after
conclusion of the proceedings that some blame is attributed
to the employee, he should not be let off with a warning but
he should be censured.
b) Withholding of increments of pay with or without
cumulative effect;
c) Withholding of promotion;

RULE - 28 : PENALTIES
d) Recovery from pay or such other amount as may be
due to him of the whole or part of any pecuniary loss
caused to the Company by negligence or breach of
orders.
dd) Reduction to a lower stage in the time scale of the
pay for a period not exceeding 3 years, without
cumulative effect and not adversely affecting his
pension and gratuity.

Major Penalties
e) Save as provided for in clause (dd) above, reduction
to a lower stage in the time scale of pay for a
specified period, with further directions as to
whether or not the employee will earn increments of
pay during the period of such reduction and whether
on the expiry of such period, the reduction will or will
not have the effect of postponing the future
increments of his pay.

Major Penalties
ee) Reduction to a lower time-scale of pay, grade, post or
service which shall ordinarily be a bar to the promotion of
the employee to the time scale of pay, grade, post or
service from which he is reduced, with or without further
directions regarding conditions of restoration to the grade,
post or service from which the employee was reduced and
his seniority and pay on such restoration to that grade, post
or service.
f) Removal from service which shall not be disqualification
for future employment;
g) Dismissal

PROCEDURE FOR
IMPOSITION OF
PENALTIES

Flow Chart of Disciplinary Proceedings


Written Complaints
(Report of Misconduct)

Stage-1

Preliminary Enquiry

Stage-2

If there is no prima facie


case, drop the case

Stage-3

Suspension pending
Enquiry, necessary

Order for payment of


subsistence allowance

Stage-4

Preliminary Enquiry
Framing charge-sheet under
(Standing Orders or CDA Rules)

Serving Charge Sheet

Stage-5

In person

Registered
Post

Notice
Boards

News
Papers

Study the reply given by


charge-sheeted employee

Stage-6

If the charge-sheeted employee


pleads guilty and reply
is satisfactory

If he does not pleade guilty and


reply is un satisfactory,
proceed with the enquiry

Minor
Penalty

Major
Innocent
Penalty Exoneration Appointment of Enquiry Officer

Proceed
with enquiry

No further
enquiry

Stage-7

And Presiding Officer

Award
punishment
In person
caution/ memo

Serving Enquiry Notice


Registered
Post

Notice
Boards

Stage-8
News
Papers

If the employee does not


report for enquiry,
Ex-parte enquiry

Stage-9

Enquiry Proceedings

Enhancement or reduction
of Subsistence Allowance

Stage-10

Enquiry Report

If the employee is found


not guilty, exoneration &
suspension revokal letter
issued

Stage11

Stage-12

Stage-13

Stage-14

Stage-15

If the Charge(s) are proved, check the past


record and if any conciliation or adjudication
Proceedings and the relevant conduct rules

Final Show cause notice


before punishment if
provided under rules
Study the reply given
by employee to
final show-cause notice
Give clarifications, if any,
asked for in reply to
final show cause notice

Punishment Order

Stage-16

Appeal by the accused employee

Stage-17

Reply to appeal and final


punishment order

Stage-18

Review of punishment