the tamil nadu municipal public health service (discipline and appeal) regulations, 1973

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    TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" 1

    THE TAMIL NADU MUNICIPAL PUBLIC HEALTH SERVICE (DISCIPLINE ANDAPPEAL) REGULATIONS, 1973

    1. Short tt!" #$% &o''"$&"'"$t#$ (1) These Regulations %a& be called the Ta%il

    Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1!"#

    (') The& shall be dee%ed to have co%e into orce on and ro% the 1st August 1!"#

    (") The& shall appl& to

    (i) ever& %e%ber holding posts in an& o the categories governed b& the Ta%il Nadu

    Municipal Public Health Service Regulations, 1!*#

    (i) +ver& person appointed to a class or categor& o the Ta%il Nadu Municipal

    Public Service under Rule o -eneral Rules issued in Part .. o the Ta%il Nadu Municipal

    Service Rules, 1!*# /ut, the& shall not appl& to an& person appointed to a Municipal Service

    on contract under Rule o the -eneral Rules#

    Explanation. . an& doubt arises as to application o these regulations to an& person, the

    %atter shall be reerred to the State -overn%ent 0hose decision thereon shall be inal#

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    . D"$to$*#$ (i) .n these regulations unless there is an&thing repugnant in the subect

    or conte2t

    (a) the 0ords and e2pressions other than those deined in these regulations shall havethe sa%e %eaning assigned to the% in Part . o the Ta%il Nadu Municipal Service Rules,

    1!*3

    (a) 4appellate authorit&4 %eans the authorit& co%petent to entertain and pass orders

    setting aside or conir%ing or %odi&ing an original order o a disciplinar& authorit&

    i%posing an& o the penalties speciied in Regulation " o these regulations on an& %e%ber

    o the service 3

    (b) 4disciplinar& authorit&4 %eans the authorit& co%petent to i%pose an& o the

    penalties %entioned in Regulation " on a %e%ber o the service subect to the provisions o

    Regulation 5#

    Explanation. (1) 6here an appellate authorit& passes an original order i%posing an& o

    the penalties speciied in Regulation ", he shall, in respect o that order, be dee%ed to be a

    disciplinar& authorit

    (') A %e%ber o the Ta%il Nadu Public Health Service 0hose services are placed at the

    disposal o an& registered co%pan& or bod& corporate registered or established b& a special

    statute shall, or the purpose o these rules, be dee%ed to be a %e%ber o such service or

    dee%ed to hold such post in the service not0ithstanding that his salar& is dra0n ro% a

    source other than the Municipal 7und#

    3. P"$#!t"*#$ The ollo0ing penalties, %a&, or good and suicient reason, be i%posed

    on an& %e%ber o the service, na%el& 8$

    (1) 9ensure#

    (1) 6ithholding o incre%ents or pro%otion#

    (') Reduction to a lo0er ran: in the seniorit& list or to a lo0er post or ti%escale or to a

    lo0er scale in a ti%e scale#

    (") Recover& ro% pa& o the 0hole or part o an& pecuniar& loss caused to a %unicipal

    council or to an& other local bod& or the State -overn%ent or to the 9entral -overn%ent b&

    negligence or breach o orders 8

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    Provided that the recover& ro% the Health Assistant o cost o vaccine 0asted, 0hich

    0astage is not satisactoril& e2plained, shall not be considered as punish%ent i%posed on the

    Health Assistant#

    (;) Recover& ro% pa& to the e2tent necessar& o the %onetar& value e

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    ro% the %unicipal service shall, ordinaril&, dis

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    a %e%ber o the service other than the %e%bers holding the posts in 9lass . and categor& 1 o

    9lass .. shall be the Municipal Health >icer#

    Explanation. .n case covered b& subclause (1), i the delinicer o the Municipalit& 0here the delinicer, the authorit& appointed to hold additional

    charge o the post o Municipal Health >icer, or 0here no additional charge appoint%ents

    have been %ade, the +2ecutive Authorit& o the Municipalit& shall e2ercise the po0ers o

    Municipal Health >icer under this regulation#

    (') The authorit& co%petent to i%pose the penalties speciied in clauses ("), (=), (!),(), () and (1*) o Regulation " on a %e%ber o the service shall be the appointing authorit

    Explanation. .n cases covered b& subclause (') in respect o %e%bers o the service in

    9lass ..., 9ategor& ' o 9lass .? and 9lass ? i the delinicer o the Municipalit& 0here the delin

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    (") The act that a disciplinar& authorit& has i%posed or declined to i%pose a penalt& inan& case shall not debar the appellate authorit& ro% e2ercising his urisdiction under this

    regulation in respect o the sa%e case#

    (5) The order o the appellate authorit& in i%posing or declining to i%pose in an& case a

    penalt& under this regulation shall supersede an& order passed b& the disciplinar& authorit& in

    respect o the sa%e case#

    (") The act that a disciplinar& authorit& has dropped a charge against a %e%ber o the

    service as not provedshall not debar the appellate authorit& ro% reviving it or reasons to be

    recorded in 0riting and ta:ing suitable action on the charge so revived#

    . D*&!$#r- #thort- $ r"*"&t o "r*o$* ro'ot"% or tr#$*"rr"%./ 6here aperson has been pro%oted or transerred ro% a class or categor& to a higher class or

    categor&, no penalt& shall be i%posed on hi% in respect o his 0or: or conduct 0hile he 0as

    a %e%ber o the class or categor& ro% 0hich he 0as pro%oted or transerred e2cept b& an

    authorit& co%petent to appoint hi% to the class or categor& to 0hich he has been pro%oted or

    transerred#

    . D*&!$#r- #thort- $ r"*"&t o "r*o$* r"%&"% or r"2"rt"%./ 6here a person

    has been reduced or reverted ro% a class or categor& to a lo0er class or categor&, no penalt&

    shall be i%posed on hi% in respect o his 0or: or conduct 0hile he 0as a %e%ber o the

    class or categor& ro% 0hich he 0as reverted or reduced, e2cept b& an authorit& co%petent to

    i%pose the penalt& upon a %e%ber o such class or categor&, as the case %a& be#

    7. S*"$*o$./ (1) A %e%ber o the service %a& be placed under suspension ro%

    service 0here

    (i) an en

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    (') A %e%ber o the service 0ho is detained in custod& 0hether on a cri%inal charge

    or other0ise or a period longer than 5 hours shall be dee%ed to have been suspended

    under this regulation#

    (") 6here a penalt& o dis%issal, re%oval or co%pulsor& retire%ent ro% service

    i%posed upon a %e%ber o the service under suspension is set aside in appeal or on revie0

    under these regulations, and the case is re%itted or urther en

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    Provided that suspension pending enicer, the authorit& appointed to

    hold additional charge o the post o Municipal Health >icer, or 0here no additional

    charge arrange%ents have been %ade, the +2ecutive Authorit& o the Municipalit& shall

    e2ercise the po0ers o Municipal Health >icer under this clause#

    () The Additional Director o Health Service and 7a%il& Planning shall be the

    authorit& co%petent to place under suspension an& %e%ber o the service holding the postsin 9lass . and 9ategor& . o 9lass ..#

    () During the period o his suspension, the %e%ber o the service shall be paid a

    subsistence allo0ance at such rates as are prescribed under the 7unda%ental Rules#

    4A. 5h"r" # "r*o$ to 6" $*h"% h#* 6""$ !"$t to th" $*h$ #thort- #$ (1)

    (i) The po0er to i%pose the penalt& o co%pulsor& retire%ent or re%oval or dis%issal shall

    not lie 0ith an& authorit&, other than the lending authorit&, the borro0ing authorit& shall, in

    a case 0here it considers that the punish%ent o co%pulsor& retire%ent, re%oval or

    dis%issal should be i%posed, co%plete the in

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    (') 6here a %e%ber o Municipalit& 0hose services are placed at the disposal o an&

    co%pan&, corporation, organiation or local authorit& has, at an& ti%e beore his service 0ere

    so placed, co%%itted an& act or o%ission 0hich renders hi% liable to an& penalt& speciied inRegulation ", the authorit& co%petent under Regulation 5 to i%pose an& such penalt& on such

    %e%ber or person shall alone be co%petent to institute disciplinar& proceedings against hi%

    and to i%pose on hi% the said penalt& speciied in Regulation " as it thin: it, and the

    borro0ing authorit& under 0ho% he is serving at the ti%e o the institution o such

    proceedings shall be bound to render all reasonable acilities to such co%petent authorit&

    instituting and conducting such proceedings#

    (') (a) 6here an order o suspension is %ade or a disciplinar& proceeding is conducted

    against a person 0hose services have been borro0ed ro% an& co%pan&, corporation,

    organiation, autono%ous /oard or other authorit&, the authorit& lending his services

    (hereinater reerred to as 4the lending authorit&4) shall orth0ith be inor%ed o thecircu%stances lending to the order o the suspension o the Municipal servant or o the

    co%%ence%ent o the disciplinar& proceedings, as the case %a& be#

    (b) .n the light o the indings in the disciplinar& proceedings conducted against the

    Municipal servant, i the disciplinar& authorit& is o the opinion that an& o the penalties

    speciied in clauses (1), (') and (5) o Regulation " should be i%posed on hi% it %a&, ater

    consultation 0ith the lending authorit&, pass such orders in the case as it %a& dee%

    necessar&8

    (i) Provided that in the event o dierence o opinion bet0een the borro0ing

    authorit& and the lending authorit&, the services o the servant shall be replaced at thedisposal o the lending authorit& 8

    (i) Provided urther that i the borro0ing authorit& is o the opinion that an& o

    the penalties speciied in clauses ("), (!) () and () o Regulation " should be i%posed on the

    servant, it shall replace the service o such servant at the disposal o the lending authorit& and

    trans%it to it the proceedings o the in

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    9. Pro&"%r" or 'o*$ "$#!t"*#$ (1) .n ever& case 0here it is proposed to i%pose

    on a %e%ber o service an& o the penalties in clauses (1), ('), (5) and (;) o Regulation ",he shall be given a reasonable opportunit& o %a:ing an& representation, that he %a& desire

    to %a:e and such representation i an&, shall be ta:en into consideration beore the order

    i%posing the penalt& is passed 8

    Provided that the re

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    (") Ater the en

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    1'""

    period and has rendered under either or% o contract continuous service or a period

    e2ceeding ive &ears at the ti%e 0hen his services are ter%inated 3 and

    (") reducing or 0ithholding the %a2i%u% pension, including an additional pension,

    ad%issible to hi% under the rules governing pensions#

    13.A"!!#t" #thort-#$An appeal against all orders o punish%ent i%posed b& the

    Municipal Health >icer shall lie to the Additional Director o Health Services and 7a%il&

    Planning, and in cases 0here the order has been passed b& the Additional Director o Health

    Services and 7a%il& Planning, the appeal shall lie to the -overn%ent#

    14.A"#! to Go2"r$'"$t#$ Not0ithstanding an&thing contained in Regulation 1",

    and 0here an original order i%posing a speciic penalt& i%posed on a %e%ber o the service

    has been passed b& the appellate authorit& in e2ercise o the po0ers conerred underRegulation ;, an appeal against such orders shall lie onl& to the State -overn%ent 8

    Provided that 0here the appellate authorit& 0ho has passed the original order i%posing the

    penalt& happens to be the State -overn%ent, the person aggrieved b& the order %a& again

    appeal to the State -overn%ent to reconsider the order# The State -overn%ent shall,

    thereupon, revie0 the records o the case and pass such orders thereon as it %a& appear to

    the% to be ust or e2pedient#

    13.Pro&"%r" to 6" o!!o"% 6- th" #"!!#t" #thort-#$ (1) .n the case o an appeal

    against an order i%posing an& penalt& speciied in Regulation ", the appellate authorit& shall

    consider

    (i) 0hether the acts on 0hich the order 0as based have been established 3

    (ii) 0hether the acts established aord suicient ground or ta:ing action 3 and

    (i) 0hether the penalt& is e2cessive, ade

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    1'"5

    considers, or reasons to be recorded in 0riting, the error or deect 0as not %aterial and has

    neither caused inustice to the person concerned nor aected the decision o the case#C1. A"!!#t" authorit& to decide appeals#$ .n the case o an appeal, the appellate

    authorit& shall pass such orders as appears to it ust and e

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    (;) it is addressed to an authorit& to 0hich no appeal lies under these regulations 8

    Provided that in ever& case in 0hich an appeal is 0ithheld the appellant shall be inor%edo the act and the reasons or it 8

    Provided urther that an appeal 0ithheld on account onl& o ailure to co%pl& 0ith the

    provisions o Regulation 1! (c) %a& be resub%itted at an& ti%e 0ithin one %onth o the date

    on 0hich the appellant has been inor%ed o the 0ithholding o the appeal 3 and an appeal re

    sub%itted in a or% 0hich co%plies 0ith those provisions shall not be 0ithheld#

    19. No #"#! to !" ##$*t thho!%$ o #$- #"#!./No appeal shall lie against

    the 0ithholding o an appeal b& a co%petent authorit

    20. Po"r* o #"!!#t" #thort- or Go2"r$'"$t h"$ $o #"#! * r""rr"%./

    The authorit& b& 0ho% an order i%posing a penalt& speciied in Regulation " %a& bereversed or altered in cases in 0hich no appeal is preerred shall be the appellate authorit&

    prescribed in the regulations or an& higher authorit

    21. :or#r%$ o #"#! #$% !*t o #"#!* thh"!% to th" #"!!#t" #thort-#$

    (1) +ver& appeal 0hich is not 0ithheld under these regulations shall be or0arded to the

    appellate authorit& b& the authorit& ro% 0hose order the appeal is preerred 0ith an

    e2pression o opinion#

    (')A list o appeals 0ithheld under Regulation 1 0ith the reasons or 0ithholding

    the% shall be or0arded hal&earl& b& the 0ithholding authorit& to the appellate authorit

    19.Po"r* o #"!!#t" #thort- to !! or # thh"!% #"#!#$An appellateauthorit& %a& call or an& appeal ad%issible under these regulations 0hich has been 0ithheld

    b& a subordinate authorit& and %a& pass such orders thereon as it considers it#

    19.Savings. Nothing in these regulations shall operate to deprive an& person o an&

    right o appeal 0hich he 0ould have had i these regulations had not been %ade in respect o

    an& order passed beore

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    the& ca%e into orce# An appeal pending at the ti%e 0hen, or preerred ater, theseregulations ca%e into orce shall be dee%ed to be an appeal under these regulations, and

    Regulation 1; shall appl& as i the appeal 0ere against an order appealable under these

    regulations#

    +. R"2*o$ "tto$ to Go2"r$'"$t./ (1) 6here the original order i%posing an& o

    the penalties speciied in Regulation " has been i%posed on a %e%ber o the service b& the

    State -overn%ent, such %e%ber %a&, 0ithin t0o %onths o the date on 0hich the order is

    co%%unicated to hi%, sub%it a revision petition to the -overn%ent against the order# .n

    disposing o such petition, State -overn%ent shall, as ar as possible, ollo0 the procedure

    prescribed or dealing 0ith appeals and on an& o the grounds speciied belo0

    (a) that the order 0as not passed b& the co%petent authorit&3

    (b) that a reasonable opportunit& o deending hi%sel 0as not given3

    (c) that the punish%ent is e2cessive or unust 3

    (d) discover& o ne0 %atter or evidence, 0hich, the appellant alleges and proves to

    the satisaction or the -overn%ent 0as not 0ithin his :no0ledge or could not be adduced b&

    hi% beore the order i%posing the penalt& 0as passed 3

    (e) evident error or o%ission, such as, ailure to appl& the la0 o li%itation or an

    error o procedure apparent on the ace o record#(') The petition or revie0 0hich does not satis& an& o the above grounds shall be

    su%%aril& reected#

    0. Po"r* o Go2"r$'"$t to #** or%"r* o$ &o'!"t"% %*&!$#r- ro&""%$*./

    Not0ithstanding an&thing contained in these regulations, the State -overn%ent or such

    oicer as the& %a& e%po0er in this behal, shall have the po0er to call or the records

    relating to a disciplinar& proceedings 0hich has been co%pleted either b& the disciplinar&

    authorit& or b& the appellate authorit& and pass such orders on it as the& %a& consider ust or

    e2pedient 8

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    Provided that beore a penalt& is i%posed, in a case 0here no penalt& has been i%posed, or

    a penalt& 0hich has been i%posed is enhanced, the person concerned should be given an

    opportunit& to sho0 cause 0h& the penalt& should not be i%posed or enhanced, as the case%a& be#

    . Tr"#t'"$t o "ro% o **"$*o$./ 6hen a %e%ber o the service 0ho has been

    dis%issed, re%oved, co%pulsoril& retired or suspended is reinstated the authorit& co%petent

    to order the reinstate%ent shall consider and %a:e a speciic order or treating the period o

    absence ro% dut& 0ith reerence to the provisions o 7unda%ental Rule ;5#

    -#># Ms# No# 1', H 7#P# dated 11!"

    -#># Ms# No# 111, H 7#P# dated 1;!1!=#

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