section 8.01
Disciplinary Action Against Officers, Academic Staff, Administrative Staff & Other Employees Of The University
Uttarakhand first Statutes, 2021(1) The disciplinary authority for officers, academic staff, administrative staff and other employees of the University shall be as laid down in the Ordinance. (2) The disciplinary authority may take disciplinary action against any officer, academic staff, and administrative staff or employee of the University for any of the following reasons: (a) Willful neglect of duty; (b) Breach of any of the conditions of appointment; (c) Scandalous conduct or conviction for an offence involving moral turpitude; (d) Incompetence; (e) Violation of one or more clauses or provisions of Code of Conduct of the University; (f) Infringement of University IPR Policy; (g) Infringement of University IT Policy; The Officers, academic staff, administrative staff and other employees of the University may also be removed or his services terminated on one or more of the following grounds: (a) Physical or mental unfitness; (b) Abolition of the post. Suspension: (a) In case of any allegation of serious misconduct against any officer, academic staff, administrative staff or employee of the University, the disciplinary authority, by order in writing shall place such employee under suspension and shall forthwith report to the appointing authority the circumstances in which the order was made. (b) The disciplinary authority shall suspend an officer, academic staff, administrative staff or employee who has been accused in a Court of Law for any offence, involving moral turpitude until the disposal of the case. (c) An order of suspension shall be in writing and shall take effect from the date of the order or such date as may be specified. (d) An order of suspension shall remain in force until it is modified or revoked by the Disciplinary Authority, which made the order, or by the Higher Authority. (e) Leave will not be granted to any officer, academic staff, administrative staff or employee during his suspension period. (f) The officer, academic staff, administrative staff or employee under suspension shall mark his attendance everyday at the place and time mentioned in the order of suspension. If he fails to mark his attendance on any day, he shall not be entitled to receive subsistence allowance for that day. 1) Subsistence allowance will be paid as follows:- i. Where the enquiry/investigation contemplated or pending is departmental, the subsistence allowance for the first 90 (ninety) days from the date of suspension shall be equal to 50% of the gross emoluments drawn immediately prior to the date on which the officer, academic staff, administrative staff or employee was suspended. ii. If the departmental enquiry/investigation gets prolonged and the officer, academic staff or employee continues to the under suspension for a period exceeding 90 (ninety) days shall be equal to 75% of the gross emoluments drawn immediately prior to the date on which he was suspended. Provided that where such an enquiry/ investigation is prolonged beyond a period of 90 (ninety) days for reasons directly attributable to him, the subsistence allowance for the period exceeding 90 (ninety) days shall be reduced to 25% of the gross emoluments drawn immediately prior to the date on which he was suspended. iii. Where the criminal proceedings against the officer, academic staff, administrative staff or employee are ongoing, the subsistence allowance for the first 180 (one hundred and eighty) days from the date of suspension shall be equal to 50% of the gross emoluments drawn immediately prior to the date on which he was suspended. iv. If the criminal proceedings gets prolonged and the officer, academic staff, administrative staff or employee continues to be under suspension for a period exceeding 180 (one hundred and eighty) days, the subsistence allowance for the period exceeding 180 (one hundred and eighty) days, shall be equal to 75% of the gross emoluments drawn immediately prior to the date on which he was suspended. Provided that where such criminal proceedings are prolonged beyond a period of 180 (one hundred and eighty) days for reasons directly attributable to him, the subsistence allowance for the period exceeding 180 (one hundred and eighty) days shall be reduced to 25% of the gross emoluments drawn immediately prior to the date on which he was suspended. 2) On the conclusion of the enquiry/investigation or criminal proceedings as the case may be, if the officer, academic staff, administrative staff or employee is found guilty of the charges framed against him and an order of termination/dismissal is passed, he will be deemed to have been terminated/dismissal from the date of passing of order of suspension and shall not be entitled for any additional remuneration/allowances. 3) On the conclusion of the enquiry/investigation or disposal of the criminal proceedings as the case may be, if the officer, academic staff, administrative staff or employee is not found guilty and reinstated, he shall be entitled to the full salary and allowances for the period of suspension.
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