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No. 80 Poudouchéry Mardi 18 Juillet 2023 (27 Asadha 1945)
No. Puducherry Tuesday 18th July 2023
PUDUCHERRY ROAD TRANSPORT CORPORATION LIMITED
(A GOVERNMENT OF PUDUCHERRY UNDERTAKING)
PUDUCHERRY
No. 148-BM/PRTC/CS/2023-24.
Puducherry, dated 12th July 2023.
NOTIFICATION
[DRAFT GUIDELINES FOR PUNISHMENT TO BE AWARDED IN DISCIPLINARY CASES]
The aim of disciplinary procedure is to achieve a fair, effective and consistent method of dealing with disciplinary and performance matters. The main purpose of operating a disciplinary procedure is to encourage improvement in an employee whose conduct or performance is below acceptable standards. In employment law, disciplinary action is a process for dealing with job-related behaviour that does not meet expected and communicated performance standard. The goal of discipline is to improve industrial harmony and employee performance.
[ 563 ]LA GAZETTE DE L'ETAT [ PART-I 564 564 As far as Puducherry Road Transport Corporation (A Government of Puducherry Undertaking unit) is concerned it is a service oriented organization under Companies Act employing about 800 employees and having a fleet strength about 139 nos. of stage carriages. Since, man to man contact and man to machine contact is enormous, there arises behavioural as well as performance shortcomings. Here comes the role of disciplinary action. Disciplinary action is not synonymous with punishment. It indicates the shortcomings in the behaviour and performance of the employees to themselves. If carefully exercised, disciplinary action is a very good tool to improve the morality of the employees and keep it positive.
Warning or various punishments is the ultimate outcome of the disciplinary action. The punishment awarded should be open, transparent, reasonable, timely, fair and matching with the gravity of the offence committed.
In order to formulate common guidelines for the punishments to be awarded in disciplinary actions, the quantum of punishment for various offences/misconducts committed by the employees as furnished in the guidelines framed and appended herewith. These Draft Guidelines are approved by the Board of Directors of the Corporation in the 148th meeting held on 20-06-2023.
In the Standing Order No. 1 of 2005, read with Modification No. 1 of 2006 of Puducherry Road Transport Corporation Limited, Puducherry, published in the Extraordinary Gazette No. 3, dated 19-01-2010, it is prescribed the various types of misconduct practices being followed by the employees of the Corporation in all the regions of Puducherry in vogue were analyzed in depth and the guidelines for awarding punishments in disciplinary actions has been prepared. Further, as per the abovesaid Standing Order of the Corporation, the following are specified as misconducts: Misconduct shall mean any act or omission whether specified herein or otherwise whether amounting to substantive act, abetment or connivance, committed within or outside the premises of the establishment or any act or commission which in any manner or guise is detrimental to the interest of the business or discipline or reputation or prestige of the Corporation and the establishment whether committed within or outside the premises of the establishment.
Further, in the abovesaid Standing Order the punishment that may be awarded to the employees for their guilty of misconducts were prescribed. However, there is no mention about the specific punishment for a specific misconduct. Hence, it is necessary here to frame guidelines to prescribe the quantum of punishment for various offences/misconduct of the employees.
These Guidelines cover almost all the types of irregularities/offences for awarding punishments on the first occurrence as well as repetitions.
As per the decision taken in the 148th Board Meeting these Draft Guidelines are hereby published in the Official Gazette of the Union territory of Puducherry calling for suggestions/objections of stakeholders, if any. The suggestions/objections of the stakeholders should be addressed to "The Managing Director, Puducherry Road Transport Corporation Limited, No. 4, Ayyanar Koil Street, Raja Nagar, Puducherry-605 013" within 30 days from the date of its publication in the Official Gazette.
Dr. A.S. SIVAKUMAR,
Managing Director.
PART-I ] LA GAZETTE DE L'ETAT 565 LA GAZETTE DE L'ETAT [ PART-I 566 566 PART-I ] LA GAZETTE DE L'ETAT 567 LA GAZETTE DE L'ETAT [ PART-I 568 568 PART-I ] LA GAZETTE DE L'ETAT 569 LA GAZETTE DE L'ETAT [ PART-I 570 570 PART-I ] LA GAZETTE DE L'ETAT 571 LA GAZETTE DE L'ETAT [ PART-I 572 572 PART-I ] LA GAZETTE DE L'ETAT 573 LA GAZETTE DE L'ETAT [ PART-I 574 574 PART-I ] LA GAZETTE DE L'ETAT 575 LA GAZETTE DE L'ETAT [ PART-I 576 576 PART-I ] LA GAZETTE DE L'ETAT 577 LA GAZETTE DE L'ETAT [ PART-I 578 578 PART-I ] LA GAZETTE DE L'ETAT 579 LA GAZETTE DE L'ETAT [ PART-I 580 580 PART-I ] LA GAZETTE DE L'ETAT 581 LA GAZETTE DE L'ETAT [ PART-I 582 582 PART-I ] LA GAZETTE DE L'ETAT 583 LA GAZETTE DE L'ETAT [ PART-I 584 584 PART-I ] LA GAZETTE DE L'ETAT 585 LA GAZETTE DE L'ETAT [ PART-I 586 586 PART-I ] LA GAZETTE DE L'ETAT 587 LA GAZETTE DE L'ETAT [ PART-I 588 588 PART-I ] LA GAZETTE DE L'ETAT 589 LA GAZETTE DE L'ETAT [ PART-I 590 590 PART-I ] LA GAZETTE DE L'ETAT 591 LA GAZETTE DE L'ETAT [ PART-I 592 592 PART-I ] LA GAZETTE DE L'ETAT 593 LA GAZETTE DE L'ETAT [ PART-I 594 594PROCEDURE TO BE FOLLOWED IN ABSENT CASES TO
EXPEDITE PUNISHMENT FOR REGULAR STAFF
(i) Basic report to be obtained from concerned Supervisor/Branch Manager/Section Head and it should be specific.
(ii) Issue Charge Memo.
(iii) Acknowledgment to be received with date and be recorded.
(iv) If not served, to be displayed in the Notice-Board and be sent to his residential address in the Service Register with RPAD.
(v) Absent to be marked in attendance register/duty card and to be marked as evidence.
(vi) Based on the reply of the individual Domestic Enquiry may be ordered.
(vii) Enquiry Notice to be served with date (or) to be sent to residential address with RPAD [as in Sl.No. iv) above].
(viii) Minimum 3 chances to be given if, ex parte/or else.
(ix) If, required management representative may cross examine the delinquent after adducing his evidence without fail.
(x) Enquiry findings to be given to the delinquent to submit his 1st explanation.
(xi) Second show cause notice clearly mentioning his previous history and the punishment proposed.
(xii) If, reply not received, reminder to be sent.
(xiii) If, no reply is received or the reply submitted is not satisfactory then the DA shall take a decision on the affiance.
(xiv) To issue Final Order-Speaking Order clearly mentioning all his previous offences and the punishments.
FOR DAILY RATED/CONTRACT EMPLOYEES
(i) Basic report to be obtained from concerned Supervisor/Branch Manager/Section Head and it should be specific.
(ii) Issue Show Cause Notice.
(iii) Acknowledgment to be received with date and be recorded.
(iv) If, not served, to be displayed in the Notice-Board and be sent to his residential address in the service records with RPAD.
(v) If, explanation received the same to be examined. If not satisfactory he/ she to be terminated from service. Orders to be issued accordingly.
(vi) If, no explanation received within the stipulated time, he/she to be terminated from service. Orders to be issued accordingly.
LONG ABSENT MORE THAN ONE YEAR RETURNING FOR DUTY (REGULAR EMPLOYEES)
Before admitting such long absent cases for duty, the following points should be ensured
(i) Police verification report for not having involved in any Criminal Case.
(ii) Passport to be verified for ensuring foreign visit.
(iii) Undertaking Affidavit to be received from individual regarding not involved in Police case/Foreign visit/Not engaged in any private job during his/her absence.
(iv) If necessary, to be written to the Immigration/Airport Authorities to confirm the foreign journey.
PART-I ] LA GAZETTE DE L'ETAT 595FATAL CASES
(i) Basic report.
(ii) Charge Memo to be issued.
(iii) Acknowledgment.
(iv) As in Absent Cases
(v) Based on the reply domestic enquiry with acknowledgment.
(vi) In Domestic enquiry
l Checking Inspectors to be cross examined.
l Accident Investigation AE/AM to be examined.
l Management Witness to cross-examine.
l Driver/Conductor to be examined.
(vii) Enquiry findings to be communicated to the individual, calling for explanation.
(viii) After getting explanation show cause notice clearly mentioning his previous history and the punishment proposed.
(ix) If not replied, to be reminded.
(x) Final Order - Speaking order clearly mentioning all his previous offences and the punishments.
FARE COLLECTED (FC) CHECKING PROCEDURE
1. If, the Conductor has Collected fare from the Passenger but failed to issue ticket then it will be Considered as FC case (Fare Collected - ticket not issued) and action to be taken accordingly.
2. To obtain a written statement with signature of the passenger concerned. Also to obtain the address and phone number of the passenger concerned.
3. A written statement should be made on the incident and the signature of the Driver/Conductor should be obtained.
4. An unpunched ticket equivalent to the ticket amount should be removed from the ticket book/ticket machine and to get the signature of the Conductor on the backside of the ticket.
5. Seize the log sheet from the Conductor and verify the same with the ticket book / ticket machine counting and record the discrepancy, if any, with the signature of the C.I.s in the log sheet.
6. Simultaneously to check the cash bag of the Conductor and tally the cash with the ticket collection amount.
7. Excess/Short of cash, if any found should be recorded in the way bill/log sheet.
8. The details of FC/FNC should be mentioned in the charge sheet and the signature of the Conductor should be obtained.
9. If the passenger has to travel further distance/stages then the number of the unpunched ticket taken from way bill should be writtened and issued.
10. The details of the checking should be informed immediately to the General Manager (Operation) through the Branch Manager concerned and the Superintendent (Traffic), through phone.
LA GAZETTE DE L'ETAT [ PART-I 596 596The following conditions/further guidelines shall also be followed while taking decisions during and after
disciplinary proceedings
(i) The period of suspension/stoppage of duty shall be treated as non-duty and no pay shall be paid.
(ii) If, a Conductor is, in his service, involved in FC cases and the same has been proved for more than 3 times, then he shall not be considered for promotion to the post of Checking Inspector/ Time-Keeper, at any stage in future.
(iii) If, a Driver involved in fatal accident/major accident for 3 times in his services then he shall not be considered for promotion to the post of Driving Instructors at any stage in future.
(iv) If, any employee is awarded the punishment of stage reduction to base level then he will be considered for next Promotion/MACP only after completion of 10 years from the date of last offence/misconduct proved.
Power to relax : Where, the Board is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions/ condition in the above guidelines at any time.
Abbreviations :
FC – Fare collected, but, ticket not issued
FNC – Fare not collected and ticket not issued
WCE – With Cumulative Effect
WOCE – Without Cumulative Effect
DA – Disciplinary Authority
DP – Disciplinary Proceedings
CoD – Cost of Damage
CHAIRPERSON,
Puducherry Road Transport Corporation.
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