CONDUCT, DISCIPLINE AND APPEAL RULES 2006 - BSNL ...

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(i)(ii)a statement of all relevant facts including any admission or confessionmade by the employee,a list of documents by which and a list of witnesses by whom, the articlesof charge are proposed to be sustained.Explanation:It will not be necessary to show the documents listed with the charge sheet or any otherdocument to the employee at this stage.(4) The Disciplinary Authority shall deliver or cause to be delivered to the employee acopy of the articles of charge, the statement of the imputation of misconduct ormisbehavior and list of documents and witnesses by which each article of charge isproposed to be sustained and shall require the employee to submit, within such time asmay be specified by Disciplinary Authority (not exceeding 15 days), a writtenstatement of his defence and state whether he desires to be heard in person.(5) (a) On receipt of written statement of the employee, the Disciplinary Authoritymay itself inquire into such of the articles of charges as are not admitted, orappoint an Inquiring Authority for the purpose under sub-rule (2).(b) If all the articles of charge have been admitted by the employee in hiswritten statement, the Disciplinary Authority shall record its finding on eachcharge after taking such evidence as it may think fit and shall act in the mannerlaid down in Rule 37.(c) Where the Disciplinary Authority itself inquires into any articles of charge orappoints an Inquiring Authority for holding any inquiry into such charge, itmay, by an order, appoint a public servant to be known as “Presenting Officer”to present on its behalf the case in support of the articles of charge.(6) The Disciplinary Authority shall, where it is not the Inquiring Authority, forward toInquiring Authority:(a) A copy of the articles of charge and the statement of the imputations ofmisconduct or misbehavior;(b) A copy of the written statement of the defence, if any, submitted by theemployee;(c) A copy of the statement of witnesses, if any, referred to in sub-rule (3) ;(d) Evidence proving the delivery of the documents referred in sub-rule (3) to theemployee;(e) A copy of the order appointing the “Presenting Officer”.(7) On the date fixed by the Inquiring Authority the employee shall appear before theInquiring Authority at the time, place and date specified in the notice. The InquiringAuthority shall ask the employee whether he pleads guilty or has any defence to makeand if he pleads guilty to any of the articles of charge, the Inquiring Authority shallrecord the plea, sign the record and obtain the signature of the employee concernedthereon. The Inquiring Authority shall return a finding of guilt in respect of thosearticles of charge to which the employees concerned pleads guilty.28BSNL CDA RULES 2006 (Updated upto 24-01-2013)
(8) (a) An employee may take the assistance of any other public servant/retiredemployee of DoT/BSNL but may not engage a legal practitioner for thepurpose, unless the presenting officer appointed by disciplinary authority is alegal practitioner or, the disciplinary authority having regard to circumstancesof the case so permits.(b) The employee shall not take the assistance of any public servant/retiredemployee of DoT/BSNL who has seven pending disciplinary cases on hand inwhich he has to function as Defence Assistant.(c) An employee against whom disciplinary proceedings are pending under theseRules shall not be entitled to assist another employee in disciplinaryproceedings under these rules till the completion of such proceedings.(9) If the employee does not plead guilty, the Inquiring Authority shall adjourn the case toa later date not exceeding thirty days, after recording an order that the employee may,for the purpose of preparing his defence :(a)(b)(c)Inspect the documents listed with the charge-sheet:Submit a list of additional documents that he wants to examine; andbe supplied with the copies of the statement of witness, if any, listed in thecharge-sheet.Note: Relevancy of the additional documents referred to 9 (b) and the copies of statements ofwitnesses referred to in sub-rule 9 (c) above will have to be given by the employee concerned,and the documents and witnesses shall be summoned if the Inquiring Authority is satisfiedabout their relevance to the charge under inquiry.(10) The Inquiring Authority shall, on receipt of the notice for the discovery or productionof documents, forward the same or copies thereof to the authority in whose custody orpossession the documents are kept, with a requisition for the production of thedocuments by such date as may be specified in the requisition:Provided that the Inquiring Authority may, for reasons to be recorded by it in writing, refuseto requisition such of the documents as are, in its opinion, not relevant to the case.(11) The authority, in whose custody or possession the requisitioned documents are, shallarrange to produce the same before the Inquiring Authority on the date, place and timespecified in the requisition notice:Provided that the authority having the custody or possession of the requisitioned documentsmay claim privilege, for reasons to be recorded by it in writing, if the production of suchdocuments will be against public interest or the interest of the Company. In that event, it shallinform the Inquiring Authority accordingly. The Inquiring Authority shall, on being so informed,communicate the information to the employee and withdraw the requisition.(12) On the date fixed for the inquiry, the oral and documentary evidence by which thearticles of charge are proposed to be proved shall be produced by or on behalf of theDisciplinary Authority. The witnesses shall be examined by or on behalf of thePresenting Officer and may be cross-examined by or on behalf of the employee. ThePresenting Officer shall be entitled to re-examine the witnesses on any points on whichthey have been cross-examined, but not on a new matter, without the leave of theInquiring Authority. The Inquiring Authority may also put such questions to thewitnesses as it thinks fit.29BSNL CDA RULES 2006 (Updated upto 24-01-2013)
Page 1 and 2: (For Official Circulation Only)BSNL
Page 3 and 4: S.No. Rule No./Description PageNo.2
Page 5 and 6: BHARAT SANCHAR NIGAM LIMITEDBSNL Co
Page 7 and 8: Rule 4.GENERAL(1) Every employee of
Page 9 and 10: money within the premises of the co
Page 11 and 12: intimate such acceptance to the com
Page 13 and 14: Rule 12. EVIDENCE BEFORE COMMITTEE
Page 15 and 16: competent authority if the aggregat
Page 17 and 18: Note:The term “retirement” incl
Page 19 and 20: (4) Every employee shall, on his fi
Page 21 and 22: (b) All executives/ employees inclu
Page 23 and 24: Rule 30.SUSPENSION(1) The appointin
Page 25 and 26: (4) (i) The following compulsory de
Page 27: - of an employee appointed under a
Page 31 and 32: (20) Whenever any Inquiring Authori
Page 33 and 34: it is not reasonably practicable to
Page 35 and 36: Rule 44.ORDERS AGAINST WHICH NO APP
Page 37 and 38: Rule 49. WITHOLDING OF APPEAL :(1)
Page 39 and 40: (d) pass such other orders as it ma
Page 41 and 42: Rule 60.AMENDEMENTSThe Board may am
Page 43 and 44: FORM-1Form for giving prior intimat
Page 45 and 46: FORM-2Form of report/application fo
Page 47 and 48: FORM-3Form of report to the prescri
Page 49 and 50: FORM-5VALUATION REPORTI/We hereby c
Page 51 and 52: (f) Name of the job/post offered(g)
Page 53 and 54: ANNEXURE-IEXTRACT FROM INDIAN COMPA
Page 55 and 56: FORM-A3FORM FOR BSNL EMPLOYEES ON F
Page 57 and 58: I,______________________________, h
Page 59 and 60: FORM-A6STATEMENT OF LIQUID ASSETS O
Page 61 and 62: FORM - A 8STATEMENT OF DEBTS AND OT
Page 63 and 64: SCHEDULE OF APPOINTING, DISCIPLINAR

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