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

who shall be required to submit, if he so desires, his written representation orsubmission to the Disciplinary Authority within 15 days, irrespective of whether thereport is favourable or not to the employee.(b) The Disciplinary Authority shall consider the representation, if any, submittedby the employee and record its findings before proceeding further in the manner asspecified in sub-rule (3) to (6).(3) The Disciplinary Authority shall, if it disagrees with the findings of the InquiringAuthority on any Article of Charge, record its reasons for such disagreements andrecord its own findings on such charge, if the evidence on record is sufficient for thepurpose.(4) If the Disciplinary Authority having regard to its finding on all or any of the articles ofcharge is of the opinion that any of the penalties specified in Clause (a) to (e) of Rule33 should be imposed on the employee, it shall, notwithstanding anything contained inRule 35, make an order imposing such penalty.(5) If the Disciplinary Authority having regard to its finding on all or any of the articles ofcharge and on the basis of the evidence adduced during the inquiry is of the opinionthat any of the penalties specified in Clause (f) to (j) of Rule 33 should be imposed onthe employee, it shall make an order imposing such penalty and it shall not benecessary to give the employee any opportunity of making representation on thepenalty proposed to be imposed. Disciplinary authorities specified in BSNL CDA Rules2006 can initiate major penalty proceedings but before imposing any major penalty priorapproval of the appointing authority is necessary.(6) If the Disciplinary Authority having regard to its findings on all or any of the articles of chargeis of the opinion that no penalty is called for, it may pass an order exonerating the employeeconcerned.Rule 38. COMMUNICATION OF ORDERSOrders made by the Disciplinary Authority under Rule 35 or Rule 37 shall be communicated to theemployee concerned, who shall also be supplied with a copy of the report of inquiry, if any.Rule 39. COMMON PROCEEDINGSWhere two or more employees are concerned in a case, the authority competent to impose a majorpenalty on all such employees may make an order directing that disciplinary proceedings against all ofthem may be taken in a common proceedings and the competent authority shall also specify the authority,which may function as the Disciplinary Authority for the purpose of such common proceedings, thepenalties specified in Rule 33 in which such Disciplinary Authority shall be competent to impose andwhether the procedure laid in Rule 35 or 36 and 37 shall be followed in the proceedings.Rule 40. SPECIAL PROCEDURE IN CERTAIN CASESNotwithstanding anything contained in Rule 35 or 36 or 37, the Disciplinary Authority may impose anyof the penalties specified in Rule 33 in any of the following circumstances:(a) the employee has been convicted on a criminal charge or on the strength of facts orconclusions arrived by a judicial trial ; or(b) where the Disciplinary Authority is satisfied for reasons to be recorded by it in writing that32BSNL CDA RULES 2006 (Updated upto 24-01-2013)