PUNISHMENT AND APPEAL
- Grounds for penalty-Where an employee (a) is guilty of negligence to his duties ; or
- is inefficient, or has ceased to be efficient; or (c) is guilty of misconduct; or
- is corrupt, or may reasonably be considered corrupt because-
- he is, or any of his dependants or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known source of income, or
- he has assumed a style of living beyond his ostensible means; or is engaged in subversive, or Who is reasonably Suspect of being associated with other engaged in subversive activities, and whose retention in service is, therefore, considered prejudicial to national security. the authority, specified in rule 140, may impose on him one or more penalties specified in rule 139.
- Penalties-(l) There shall be the following penalties, namely :(a) censure;
- withholding, for a special period, of increment or promotion otherwise than for unfitness for financial advancement or promotion;
- stoppage; for a specified period, at an efficiency bar in the timescale of pay otherwise than for unfitness to cross such bar;
- reduction to a lower stage in a time-scale of pay, or to a lower post; (e) recovery from pay of the whole or part of any loss caused to the Board by the negligence or any other misconduct of the employee:
- Compulsory retirement from service;
- removal from service ; and
- dismissal from service
- Removal from service does not, but dismissal from service does, disqualify from future employeement in the Board.
- Power to impose penalty-The power to impose penalty upon an employee under rule 139 shall vest in the authority competent to make appointment to the post which is held by the employee in the Board and such authority has been prescribed in Appendix VII .
- Suspension-(1) An employee may be placed under suspension, pending, enquiry for any offeree specified in rule 138. The power of suspending an employee shall normally vest in the appointing authority. But this power may also be exercised, with the approval of the appointing authority, by the Chief Engineer in cases upto the rank of Executive Engineer, by the Superintending Engineer and Manager in cases upto the rank of Assistant Engineer, and by the Executive Engineer in cases of all other subordinate employee;
Provided that the authority may, if it considers more expedient instead of placing such employee under suspension by order in writing require him to proceed on such leave as may be admissible to him from such date as may be specified in the order.
(2) During suspension an employee shall be entitled to a subsistence allowance at the rate of one-half of his pay. Art employee shall not; while under suspension, leave the headquarters without prior permission of the authority suspending him.
Note-An employee committed to prison either for debt or on a criminal charge should be considered under suspension from the date of arrest and should allowed the subsistence grant at the rate specified in sub-rule (2) untiIl the termination of proceedings against him.
- Inquiry procedure in cases of subversion-(l) When an employee is to be proceeded against under clause (e) of rule 138, the competent authority-
- may by order in writing, require the employee concerned to proceed on such leave as may be admissible to him and’ from such date as may be specified in the order;
- shall, by order in writing, inform him of the action proposed to be taken in regard to and the ground of that action; and
- shall give him a reasonable opportunity of showing cause against that action before an Inquiry Committee to be constituted under sub-rule (2) to inquire into the charge;
Provided that no such opportunity shall be given where the authority is satisfied that in the interests of the security of Bangladesh, or any part there of, it is not expedient to give such opportunity.
- Where an Inquiry Committee is to be constituted in pursuance of <clause (c) of- sub-rule (1)-
- the Board shall constitute it of three members of the Board;
- the Committee shall inquire into the charge and submit its finding to the Board ; and
- the Board, shall pass such orders on the findings as it deems fit.
- Inquiry procedure in cases of negligency, inefficiency, misconduct and corruption-(l) When an employee is to be proceeded against under clause (a) or (b) or (c) or (d) of rule 138, he shall be called upon to submit explanation in writing to the authority within seven days as to why disciplinary action should not be taken against him for the alleged offence.
- When the explanation of the employee is not fund satisfactory, the authority shall frame a charge and call upon him to submit a written defense within such period as may be specified in this behalf, being not less than seven days and more than fourteen days, stating whether he desires to be heard in person.
- The authority competent to impose the penalty shall appoint an officer senior in rank to the accused to conduct and enquire who shall submit a report ,.after giving the employee a personal hearing if so desired by him be such date within two months from the date of his appointment as may be specified in this behalf.
- The authority competent to impose the penalty shall consider the written statement submitted h~T the employee. in his defense, the report of the Enquiry Officer and other circumstances. if any, and impose such penalty as it may deem proper in the circumstances of the case;
Provided that before imposition’ of penalty of compulsory retirement, dismissal, removal or reduction to a lower post, the delinquent employee shall be given second opportunity to show cause ‘against the penalty proposed to be imposed. The decision of the authority shall be communicated by an order in writing to the employee concerned. The proceedings under this – rule shall be completed within three months from the date of framing charge against an employee.
- Procedure for disposal of a case, where an employee has been convicted by a court of law-(l) When an employee is convicted by a court of law on charge of a criminal offence the competent authority may dismiss or remove him from the service of the Board or reduce him in rank, or impose any other penalty upon him without the procedure laid down’ in rule 143 or may not impose any penalty, if the competent authority decides that the offence for which he is convicted is not liable to disciplinary action under these rules.
- Any penalty imposed upon an employee under sub-rule (1) shall take effect from the date of communication of the order of imposition of the penalty to the employee and not from the date of his conviction or suspension.
145.Summary proceedings-(1) An employee found guilty of(a) habitual late attendance;
- leaving place of duty without permission;
- willful misrepresentation or suppression of fact;
- misbehaviour with other employees or members. of the public; or (e) unnecessary delay in disposal of files and records-
shall be called upon to submit explanation to the authority within seven days as to why disciplinary action ‘should not be taken against him for the alleged . offence.
(2) If the competent authority is, on such enquiry as it may deem necessary, satisfied that the employee is guilty of any of the offences mentioned in . sub-rule (1), it shall impose upon him any penalty specified in clauses (a), (b) and (c) of rule 139.
- Appeal, etc.-(1) An employee shall have the right to appeal once only against an order imposing any penalty specified in rule 139, except censure to the authority next superior to the authority imposing the penalty, and where the penalty is imposed by order of the Board there shall ordinarily lie no appeal but the Board may review its own order suo mota or on receipt of representation from the employee concerned. The Government may entertain an appeal against an order of the Board if it has reasons to believe that a violation of law or gross injustice has been done.
- Every appeal shall comply with the following requirements, namely;
- it shall contain all material statements and grounds relied upon and shall be complete in all respects;
- it shall specify the relief desired;
- it shall be submitted through proper channel;
- it shall not be conched in improper language; and
- it shall be submitted within thirty days from the date of receipt of the order of penalty.
- An appeal may be withheld by the authority imposing the penalty, if(a) if does not comply with the requirements of sub-rule (2) ; (b) it deals with matters which are not relevant to the case;
- it is found to be a repetition of appeal withheld or rejected before by the competent authority unless it discloses any new point or circumstances which afford grounds for reconsideration ; or
- it is addressed to an authority to which no appeal lies under this rule.
- In every case in which an appeal is withheld the appellant ‘and the appellate authority shall be informed of the fact and the reasons thereof.
Provided that an appeal withheld under sub-rule (3) may be re-submitted at any time within thirty days from the date on which the appellant has been informed of withholding of the appeal in a form which complies with the provisions of sub-rule (2).
- The appellate authority shall examine-
- whether the facts on which the order of penalty is based have been established ; and
- whether the penalty is adequate, inadequate or excessive, and after such examination shall pass such order as it considers proper.
- An appellate authority may call for the records of any case including an appeal withheld by an authority subordinate to it and may pass stitch orders, thereon as it considers fit under the provisions of these rules.
- Nothing in these rules shall preclude the Board from revising, whether on tis own motion or otherwise, any order passed by an authority sub-ordinate to it in exercise of powers conferred on such authority by these rules.
- Reinstatement, etc.-When an employee who was dismissed; removed or suspended is reinstated, the punishing or appellate authority may grant him for the period of his absence from duty:-
- if he is honourably acquitted of the charge against him and is reinstated with retrospective effect, the full pay to which he would have been entitled had he not been dismissed, removed or, suspended ; or
- if otherwise, such leave with full payor with half-payor without pay as the punishing or appellate authority may prescribe.
Explanation-Except in case of leave without pay; the subsistence allowance, if any, paid to an employee during suspension shall be recovered from his salary on reinstatement.
- Bar to resign or retire to employees under suspension, etc-An employee under suspension or prosecution on charge of offences under these rules shall not resign or retire at his own option from ‘service until the case is finalised.
RETIREMENT AND :RELEASE FROM SERVICE
Retirement.– (1) The date of retirement of ‘an employee shall be one day after the date on which he attains the age of 57 years. If the nature of the duties performed by the employee is such that no substitute with similar qualifications and experience’ can be found to replace him, he may, subject to physical fitness, be re-employed on contract basis with the approval of the. Government;
Provided that an employee shall not be retained in service on re-employment beyond the date on, which he attains the age of 60 years. The terms and conditions for such re-employment shall be specified in a mutual agreements.
- Subject to sub-rule (1), an employee after completion of 25 years service may, at his own option, retire, or the competent authority may at any time retire from service an employee who has completed 25 years of service without assigning any reason with 30 days notice on either case. The employee shall •. unless he is retired by the competent authority under this sub-rule, be entitled to the leave preparatory to retirement as admissible under these rules.
- If any judicial proceedings instituted by the Board or any departmental proceedings are pending against an employee at the time of his retirement or, as the case may be, ceasing to be in service, \ he shall not be entitled to any retirement benefits, except ‘his own subscription to any fund and the interest thereon, till the determination of such proceedings and the payment to him of any retirement benefit shall be subject to the findings in such proceedings.
- Termination-(J) The competent -authority may at any time after serving a notice in writing of 3 months, or in lieu thereof paying 3 months. pay and without assigning any reason thereof terminate the service of a regular employee in the following circumstances, namely:-
- if the post on which the said employee holds a lien is abolished, or
- on grounds of his inefficiency, whether by reason of infirmity of mind or body, or otherwise.
(2) The competent authority may at any time after serving a notice in writing of one month or in lieu thereof paying one months pay and Without assigning any reason thereof, terminate the service of a temporary employee in the following circumstances, namely;-
- if the post of which the said employee is duly appointed is abolished,. or
- on grounds of his inefficiency, whether by reason of infirmity of mi n d or body, or otherwise.
Note- Such notice is not required for the discharge of a person appointed otherwise than under a contract to hold a temporary appointment on the expiry of the period of that appointment.
- The service of a notice under clause (b) of sub-rule (1) or under clause (b) of subrule (2) shall, if the grounds are other than infirmity of mind or body, require the prior approval of the officer to whom the officer issuing the notice is immediately subordinate.
- An employee on whom a notice under sub-rule (1) or (2) has been served may, within 15 days of receipt of such notice-
- if the grounds are infirmity of mind or body, request the convening of a medical Board for his examination and the competent authority shall thereupon convene such a Board, and after considering the report of such Board and the further representation, if any, of the employee shall pass such orders as it thinks fit;
- if the grounds are other than infirmity of mind or body, request heading of his case by a Re\’iew Committee and the competent authority shall thereupon convene such a Committee, comprising three officers superior in rank to the said employee, which will study the evidence of alleged inefficiency, both as embodied in his confidential character rolls and otherwise, and, after hearing the representation of the employee, shall make its recommendation to the competent authority who shall thereupon pass such orders as thinks fit.
- An employee may, within 15 days of its receipt, prefer an appeal to the Board from any order passed under sub-rule (4) and the order of the Board thereon shall be final.
- Release– (1) Unless otherwise provided in the terms of employment or of any bond executed by an ’employee, a permanent employee may get release from service after giving notice, in writing, of 3 months or refunding three months pay iii lieu of such notice or for the period by which such notice falls short of 3 months, and after repaying the dues of the Board, if any.
- A temporary employee may get release from service after giving notice, in Writing, of one month or refunding one month’s pay in lieu of such notice or for the period by which the notice falls short of one month and after repaying the dues of the Board, if any.
- Exercise of option by an employee-The exercise of an option under this chapter does not impose any obligation upon the Board to accept the option. The option exercised by all employee is always subject to the acceptance by the Board. The Board may not accept the option where there is reason to do so.
ADVANCES TO EMPLOYEES
- Advances-(l) Advances, on the merit of each case, may be sanctioned by the competent authority to the regular employees holding permanent posts including Government servants working with the Board on deputation for the purposes stated hereinafter provided budget provision for such advances, exists and fund availability certificate is obtained from the Directorate of Accounts. The advance after sanction can be drawn only on the basis of specific authority issued by the Directorate of Finance.
(2) No second advance shall be granted to employee unless and until the first advance granted under these rules is fully recovered along with the interest accrued thereon.
- Recovery-The amount of the advance, sanctioned under rule 153, shall be recovered in such monthly installments as may be fixed by deduction from salary bills. The installments shall be recovered in cash during the periods of leave without pay. If an employee fails to pay any such installment the arrears of installments falling due during period or periods of leave without pay shall be recovered in lump sum from the first disbursement of payor allowance which may, become due to the employee at the end of such leave.
- Interest-Simple interest at the rate of 8 per cent, per annum shall be charged on all advances granted under these rules. When an advance is., drawn in more than one installment the amount of interest recoverable for the second installment shall be determined with reference to the date on which the Second installment is drawn. The interest shall be calculated on the balance outstanding on the last day of each month. The amount of interest shall be recovered in one or more installments, each installment being so far as may be equal to the amount of installments by which the principal was recovered. Recovery of interest shall commence from the month following that in which the whole of the principal has been repaid. A penal rate of compound interest at the rate of 10 percent per annum shall be charged on any installment of interest or principal or both if such installments is not paid in due time.
- Recovery before the employee attains the age of supernnuation -Notwithstanding anything contained in these rules, the full amount of any advance inclusive of interest shall be recovered before the employee attains the age of supernnuation and if the rate of monthly recovery normally applicable is insufficient, it shall be increased so that the recovery is completed before supernnuation.
- Board’s power to recover in lump-sum, etc.–The Board may, at the request of the employee, permit recovery of any advance in limp-sum or in a number of installments smaller than those normally admissible.
- Advance for construction of houses.-(I) Advances may be made under the sanction of the competent authority to the employees who desire to build residential accommodation for occupation by themselves, advance shall not, except in special cases, be permissible to an employee who is likely to retire before complete recovery can be effected.
- An employee’ to be eligible for house building advance should be in regular service for not less than five years.
- All such advances shall be used for the benafide purpose of building suitable houses for residence of the employees concerned, and if the amount of advance sanctioned is more than actually expended for the purpose, the surplus amount shall be refunded to the Board forthwith.
- No advance shall exceed forty month’s pay of the employee to whom it is made subject to maximum of Taka 80,000 not more than one advance shall be made for the same house.
- Advance shall be recovered by the deduction of monthly installments equal to 1/160th part of the total advance from the pay bills of the employee concerned and the recovery shall start after 12 months grace period from the date of payment of the advance.
- In order to secure the Board from loss consequent upon the death of an employee or his quitting the service before complete repayment of the advance with interest, accrued thereon, the house so built together with the land on which it stands, shall be mortgaged to the Board, by whom the mortgage shall be released after realisation of the full amount outstanding. The mortgage bond shall be prepared in Form No. 14 and the re-conveyance in Form No. 15.
- The employee shall satisfy the Board regarding his title to the land upon which the house is or is proposed to be built.
- An application for house building advance shall be made in Form no 16 and shall accompany the following documents, namely :-
(3.) where the applicant himself is a recorded tenant in C. S. or S. A. Khatian of the land, a’ certified copy cf C. S: or S. A. Khatian or if he is a co-sharer, documents showing the extent of his share in the land;
- where the applicant is not a recorded tenant, up-to-date rent receipts and c’opies of S. A. or C. S. Khatian and documents in support or acquisition of tItle by the applicant or his predecessor-in-interest, if any from the person whose name is recorded in the S. A. C. S. Khatian ;
- registered documents showing sale or lease or intention to sale or lea~e of the land to the applicant;
- documents to show that the applicant is in possession of the land transferred or proposed to be transferred ;
- permission from competent authority, where required, for construction of house on the land by the applicant; and
- in the case of land leased out by DIT or any Housing Estate of the Government, the copy of the allotment order and the copy of the registered deed of lease.
Note-(l) In cases in which ground rent, municipal taxes and similar dues are payable to local authorities on account of the land, the authority san- ctioning the advance may, at its discretion, ask the employee taking the advance to produce for inspection the up-to-date receipts for these payments. If the sanctioning authority finds that such dues have not been paid by the borrower, steps may be taken to recover the said dues including interest thereon, if any from the pay of the employee concerned for payment to the parties concerned.
Note-.:(2) The employee’s title to the property should be examined by the sanctioning authority before the advance is actually paid, and in cases where there is any doubt as to the validity of that title, the revenue and registration authorities or, if technical legal advice is necessary, a lawyer should be consulted. It should be seen that, in the case of a house building advance, he has undisputed title to “the land on which it is proposed to build and that, in. the case of an advance for the purchase of u house, he shall obtain such title as soon as the purchase praise is paid, that there shall be no legal obstacle in either case to the property being mortgaged to the Board, and that the Board shall have the right 0.1 foreclosing on the conditions mentioned in the mortgage, bond.
Note-(3) This rule does not also preclude the grant of advances for the purpose of building houses. on plots of land taken on lease from the Board the grant of an advance in such cases is subject to the condition that the employee immediately obtains the lease of land and exe- cutes an agreement in Form No. 17 undertaking to repay the advance and to execute a mortgage of the land and buildings.
Note- (4) The controlling officer should, when asking for the authority for payment, send to the Directorate of Finance of a certificate to the effect that the mortgage, bond in Form No. 17 has been executed by the employee taking the advance and that it has been duly registered.
Note–(5) The last pay certificate, in the case of employees granted advances, shall specify the original amount of such advance, the amount repaid’ and the balance together with interest accrued remaining due.
- Advance for purchase of land.- Advances may be given where considered necessary, for the purchase of land to construct house thereon, if the other conditions laid down in rule 158 are fulfilled, The employee should sign an agreement in Form No. 18 at the time of taking an advance for the purchase of land. A mortgage deed in Form No. 19 should be executed before any other advance is drawn for the purpose of constructing the house. The mortgage deed shall be registered within four months of its execution.
- Advance for purchase of house-(I)- an advance may be made to an employee for the purchase of a house, the general principles of rule 158 being applicable and the employee being required, in addition to an agreement in Form No. 18 and a mortgage deed in Form No. 19, to deposit with the Board satisfactory evidence of clear title to the house.
(2) An advance drawn under sub-rule (1) may include provision not only for the cost of the house purchased, but also for the cost of any repairs or improvements which the purchaser of the, house may desire to make.
- Advance for repairs of house -(1) An advance may be made for necessary repairs and modifications to make the house habitable for the employee.
- The advance shall not exceed twenty month’s pay of the employee subject to maximum of Taka 40,000. Satisfactory evidence should be produced to show that the amount shall be actually utilised for the purpose for which it is drawn. The repayment shall commence from the 4tb issue of pay’ after the advance is taken and be completed in 80 installments.
- Subject to sub-rule (1) and (2) the general principles of rule 158 shall apply.
- Advance to repay private loans taken for building or purchase of a, house-(1) An advance may also be given for the purpose of repaying a private loan taken by an employee expressly for the purchase of land for building a house or for the purchase of a house;
- the employee has through is private loan acquired an unencumbered title to the land or the house purchased; ,
- the original loan for the purchase of the land or the house, as the case may be, was taken not more than 12 months before the date of submission of the application for an advance to repay the private debt; and
- the usual conditions specified in rule 158 are fulfilled.
(2) The advance may be drawn in full at a time. Recovery in this case shall commence from the first issue of pay after the advance in taken and be completed in 10 years.
- Advance for purchase of motor car- (I) An advance may be given to a Class I employee for the purchase of a motor car for his own use for not less than 5 years’ from the date of its purchase. An application for such advance shall be made in Form No. 20
- The total amount of advance under sub-rule (1) shall not exceed 25 month’s payor taka 50,000.00 whichever is less, If the actual price paid is less than the advance taken the balance shall be refunded forthwith to the Board.
- Recovery shall be made by deducting monthly installments equal to <me-sixtieth part of the advance from the pay bill of the employee. It shall commence from first issue of pay after the advance is taken.
- An employee who purchased a car with the advance taken from the Board shall not sell or transfer the car to anybody else, unless and until he full amount of advance and the interest accrued thereon are recovered from him.
- The motor car purchased with the advance taken from the Board shall be insured and mortgaged to the Board in accordance with the provisions of these rules.
- An employee who draws an advance under sub-rule (1) shall purchase a motor car and pay finally for it within one month from the date on which he draws the advance; failing such completion and payment, the full amount of the Board. This condition should always be mention, in the order sanctioning such advances. At the time of drawing the advance the employee shall be required to execute an agreement in From No. 21 and, on completing the purchase; he shall further be required to execute a mortgage bond in Form No. 22 hypothecating the car to the Board as security for the advance. The cost price of the car purchased should be entered in the schedule of specifications attached to the mortgage bond.
- Advance for purchase of motor cycle-(l) The competent authority may; on application in Form No. 20, sanction an advance to an employee for the purchase of a motor cycle subject to the following conditions, namely :-
- that the pay of the employee is not less than taka 500.00 per month; and
- that the amount of the advance does not exceed Taka 10,000.00 or fifteen month’s pay, whichever is less.
(2) The provision of sub-rule (3) to (6) of rule 163 shall, mutatis mutandis apply to the advances for purchase of motor cycles.
- Advance for purchase of bicycle-(1) Advances may be given to Class III and Class IV employees who have completed not less than 2 years service for purchase of a bicycle for his own use.
- An advance not exceeding Taka 1,000.00 or five month’s pay whichever is less, may be sanctioned for the purpose by the competent authority.
- Recovery shall be made unless the- competent authority otherwise specially directs, by deducting monthly installments equal to one-thirty sixth part of the advance from the pay bill of the employees concerned.
- The bicycle purchased with the advance granted to an employee shall not be sold or transferred to anybody until the advance with interest accrued . thereon is repaid.
- An employee who takes the advance under this rule shall, within one month after drawing the advance, furnish the Head of the office with certificate giving full particulars of the bicycle purchased with the advance and the cash receipt obtained for the amount actually paid for it.
- If the employee concerned -is to be discharged before complete recovery of the advance, the amount outstanding against him shall be recovered in lump sum before his services are dispensed with.