TAMIL NADU POLICE HOUSING CORPORATION EMPLOYEES

(Discipline and Appeal) Regulations 2012

In exercise of the powers conferred by Article 102 of the Memorandum

& Articles of association of the Tamil Nadu Police Housing Corporation Limited,
the Board of Tamil Nadu Police Housing Corporation Limited hereby makes the
following regulations for the employees serving in the said Corporation.

1. Short title and commencement:

(a) The regulations may be called as “The Tamil Nadu Police Housing
Corporation Employees (Discipline and Appeal) Regulations 2012”.
(b) The regulation made shall come into force on and from the date of its
approval by the board & viz., 28.05.2012.

2. Applicability:

Subject to certain exception, the Corporation may, from time to time,

make in respect of specified cases or in respect of specified classes of
employees, these regulations shall apply to all the employees of the
Corporation including the every member of Civil Service and every person
holding a civil post under the state of Tamilnadu who have opted for service
under the Corporation.
(i) Provided that nothing in these regulations shall deprive any
member of the Corporation of any right or privilege to which he is
entitled to, by or under any law for the time being in force.

(ii) Provided further that in the case of member appointed on

contract, they shall except in so far as they are not governed by the
terms of contract, be regulated by the provisions of these
regulations.

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3. If any doubt arises as to whether these regulations apply to any
employee or in regard to the applicability or otherwise of any of the provision
in this regulation, the matter shall be referred to the Chairman of the
Corporation, whose decision shall be final.

4. Definitions:

In these regulations, unless the context otherwise requires

(a) ‘Corporation’ means the Tamil Nadu Police Housing Corporation

pursuant to clause (7) sec 2 of Companies Act 1956.
(b)‘Disciplinary Authority’ means the authority competent under these
regulations to impose on the member of the Corporation any of the
penalties specified in Regulation 5.
(c) ‘Chairman’ means the Chairman of the Tamil Nadu Police Housing
Corporation. Appointed by Government in the rank of DGP/ADGP of
Tamil Nadu cadre or otherwise.

5. Penalties:

The following penalties may, for good and sufficient reason and as
hereinafter provided, be imposed on the every person who is a member of civil
service of the corporation holding any post under the Corporation
i. Censure
ii. Fine (in the case of persons for whom such penalty is permissible
under these regulations).
iii. Withholding of promotion
iv. Withholding of increments of pay without cumulative effect for
three years.

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 Provided that in case where the punishment of withholding
of increment cannot be given effect to fully, the monetary value
equivalent to the amount of increments ordered to be withheld for
the unexpired period of the punishment shall be recovered from
the pension.
Provided further that in cases of stoppage of increment
with cumulative effect, the monetary value to three times the
amount of increments ordered to be withheld may be recovered.
v. (1) Recovery from pay of the whole or part of any pecuniary loss
caused to the Corporation or the State Government or to any
Government Company or organisation or local authority or to a
local body, while on deputation, by negligence or breach of orders.
(2) Recovery from pay to the extent necessary of the monetary
value equivalent to the amount of increments ordered to be
withhold where such an order cannot be given effect to.
vi. Suspension, where a person has been suspended under Regulation
9 (1) the extent considered necessary by the authority imposing
the penalty.
vii. (a) Withholding of increment of pay to affect adversely the amount
of pension payable to the member of the Corporation.
(b) Withholding of increments of pay without cumulative effect for
a Period exceeding three years or
(c) Withholding of increments of pay with cumulative effect for
any period.
viii. Reduction to a lower rank in the seniority list or to a lower post
not being lower than that to which he was directly recruited
whether in the same service or in another service, State or
subordinate or to a lower time scale, not being lower than that to
which he was directly recruited or to a lower stage in a time scale.

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 ix. Compulsory retirement.
x. Removal from the service of the Corporation.
xi. Dismissal from the service of the Corporation.
The penalties mentioned in items (ix) to (xi) as the case may be shall be
imposed on a member of the Corporation for violation of Rule 19 of Tamil Nadu
Police Housing Corporation Employees conduct rules 2012.
Explanation I:
The discharge (i) of a person appointed on probation before the expiry or at
the end of the prescribed extended period of probation or (ii) of a person
engaged under contract, in accordance with the terms of his contract (iii) of a
person appointed otherwise than under contract to hold a temporary
appointment on the expiration of the period of the appointment, does not
amount to the removal or dismissal within the meaning of the regulation.

Explanation II:
(i) The seniority on repromotion of the member of Corporation who is
reduced to a lower post on time scale shall be determined by his date
of such repromotion. He shall not be eligible for his original seniority,
unless otherwise directed in the order of punishment or the passed
order on appeal.

(iii) A member of Corporation employee whom the penalty under

clause 5 such Regulations is imposed will, on repromotion, count
his previous service in the higher grade unless the order of
punishment on appeal directs otherwise.

Explanation III:
The following shall not amount to a penalty within the meaning of this
Regulation namely:

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 (i) withholding of increments of pay of a member of the Corporation,
for his failure to pass any departmental examination in accordance
with the rules or orders governing the service to which he belongs
or post which he holds or the terms of his appointment;
(ii) non-promotion of a member of the Corporation, whether in a
substantive or officiating capacity, after consideration of his case, to
a service grade or post for promotion to which he is eligible;
(iii) reversion of member of the Corporation, officiating in a higher
service, grade or post to a lower service, grade or post, on the
ground that he is considered to be unsuitable for such higher
service grade or post or on any administrative ground unconnected
with his conduct;
(iv) reversion of a member of the Corporation, appointed on probation
to any other service, grade or post, to his permanent service, grade
or post during or at the end of the period of probation in accordance
with the terms of his appointment or to the rules and orders
governing such probation;
(v) replacement of the services of a member of the Corporation, whose
services had been borrowed from a State Government or the
Central Government or an authority under the control of a State
Government or the Central Government at the disposal of the State
Government or the Central Government or the authority from which
the services of such members had been borrowed and
(vi) Compulsory retirement of a member of the Corporation.

6. Disciplinary authority in certain cases:

(a) Where on promotion or transfer, a member of a service in a division,
category or grade in holding an appointment in another division,
category or grade, no penalty shall be imposed upon him in respect of

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 his work and conduct before such promotion or transfer except by an
authority competent to impose the penalty upon a member of the
service in the latter division, category or grade or class of service, as
the case may be.
(b) When a person has been reverted or reduced from one class of
service to another or from one class, division, category or grade or
class of service to another division, category or grade thereof, no
penalty shall be imposed upon him in respect of his work and conduct
while he was a member of the class of service, division category or
grade, as the case may be, from which he was reverted or reduced
except by an authority competent to impose the penalty upon a
member of such class of service, division, category or grade, as the
case may be.
(c) Where a person to be punished has been lent to the Corporation,

i) the power to impose the penalty of compulsory retirement or

removal or dismissal shall not lie with any authority other than
the lending authority, the borrowing authority shall, in a case
where it considers that the punishment of compulsory
retirement, removal or dismissal should be imposed, complete
the inquiry and revert the person concerned to the lending
authority for such action as that authority may consider
necessary,
Provided that the provision in this clause requiring the
reversion of the person concerned to the lending authority
shall not apply where the person has been lent by one
department to another and both the departments are under
the same administrative authority and

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 ii) Unless in any case it be otherwise provided by specific orders
by the State Government, the punishing authority shall consult
the lending authority before imposing any lesser penalty and in
the case of suspension shall report forthwith to the lending
authority the circumstances leading to imposition of that
penalty.
(d)(1) Where a member of a civil service of the State or a person
holding a Civil post under the State whose services are placed
at the disposal of the Corporation, Company, Organisation or
local authority has at any time before his services are so
placed, committed any act or omission which renders him
liable to any penalty under Regulation 5, the authority
competent under Regulation 5 to impose any such penalty or
such member or person, shall alone be competent to initiate
disciplinary proceedings against him and to impose on him
such penalty specified in Regulation 5 as it thinks fit and the
borrowing authority under whom he is serving at the time of
the institution of such proceedings, shall be bound to render all
reasonable facilities in such competent authority instituting
and conducting such proceedings .
(2) where an order of suspension is made or a disciplinary
proceedings is conducted against a person whose services have
been borrowed from any company, corporation or other
authority, the authority lending his services (hereinafter
referred to as the lending authority) shall be informed of the
circumstances leading to the order of suspension of the
member or of the commencement of the disciplinary
proceedings, as the case may be as early as possible.

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 (3) In the light of the findings in the disciplinary proceedings
conducted against the member, if the disciplinary authority is
of the opinion that any of the penalties specified in clause (i) to
(iv) and (vi) to xi) of Regulation 5 should be imposed on him, it
may after consultation with the lending authority pass such
orders on the case, as it may deem necessary.

(i) Provided that in the event of a difference of opinion

between the borrowing authority and the lending
authority, the services of the member shall be
replaced at the disposal of the lending authority.
(ii) If the borrowing authority is of the opinion that any
of the penalties specified in item (vii) and (ix) to (xi)
of Regulation 5 should be imposed on him, it shall
replace the services of such member at the disposal
of the lending authority and transmit to it the
proceedings of the inquiry for such action as it deems
necessary.

7. Authority to institute proceedings and to impose penalty:

(1) The Chairman & Managing Director or any other authority

empowered by him by general or special order may (i) institute
disciplinary proceedings against any member of corporation (ii)
direct a disciplinary authority to institute disciplinary proceedings
against any member of the Corporation on whom that disciplinary
authority is competent to impose under these Regulations any of the
penalties specified in Regulation 5.

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(2) The authority competent under these Regulations to impose any
other penalties specified in items (i) to (v) of Regulations 5 may
institute disciplinary proceedings against the members of the
Corporation for imposition of any of the penalties specified in items
(vi) to (xi) of the Regulations 5, notwithstanding the fact that such
authority is not competent under the Regulations to impose any of
the latter mentioned penalties.
(3) In any case, where more than one member of the Corporation are
jointly involved or whose cases are interconnected, the authority to
institute disciplinary proceedings shall be the immediate higher
authority in the Corporation in respect of the member who holds the
highest post among such members and the disciplinary proceedings
against all of them shall be taken together. Where inquiry is to be
conducted in terms of Regulation 8(b) the said authority may either
himself conduct the inquiry or get the inquiry conducted by an
Inquiring Authority appointed, who holds the highest post among
such members. The said authority shall remit the case, at the
appropriate stage, to the authority competent to impose any of the
penalties specified in Regulation 5 in respect of the member who
holds the highest post among such members in the Corporation for
passing final orders.
Provided that in the case of members of the Corporation belonging
to different departments who are jointly involved or whose cases are
interconnected, the Board of Director shall be the authority
competent to initiate disciplinary proceedings and impose any of the
penalties specified in Regulation 5 and in such cases, the
administrative department of Secretariat in respect of the member of
the Corporation who holds the highest post will initiate such

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 disciplinary proceedings and issue final orders after complying with
the entire procedures laid down in these Regulations.
Provided further that this regulation shall not apply to cases in
which officers coming under the administrative control of the Chief
Secretary to Government are jointly involved.

Procedure for imposing minor penalties

8 (a) In every case where it is proposed to impose on the member in the

Corporation any of the penalties specified in item (i) to (v) in Regulation
5, he shall be given a reasonable opportunity of making any
representation that he may desire to make, on a Show Cause Notice (the
sample format shown) below mentioning thereon the acts or omissions
and such representation, if any, shall be taken into consideration before
the order imposing the penalty is passed by the competent authority.

Provided the requirement of the sub-clause shall not apply where it is

proposed to impose on the member any of the penalties aforesaid on the basis
of facts which have led to his conviction by a court or where the member
concerned has absconded or where it is, for other reason, impracticable to
communicate with him.

Provided further that in every case, where it is proposed after

considering the representation if any, made by the member to impose any of
the penalties specified in item vi (a) (b) or (c), the procedure laid down in sub
clause (b) of Regulation 8 shall be followed before making any orders imposing
on the member any such penalty.

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 Procedure for imposing major penalties

(b) (1) (i) ‘ Without prejudice to the provisions of the Public Servants’
Inquiries Act 1850 (Central Act XXXVII of 1850), in every case where
it is proposed to impose a member any of the penalties in item (iv) to
(xi) in Regulation 5, the disciplinary authority concerned shall draw
up or cause to be drawn up (i) the substance of the allegation namely
imputations of misconduct or misbehaviour into definite and distinct
articles of charge(s).

(ii) A statement of allegations of imputations of misconduct or

misbehaviour in support of each article of charge, which shall
contain (a) a statement of relevant facts (b) a list of documents by
which and list of witnesses by whom the articles of charge(s) are
proposed to be sustained in the format shown.

(iii) The person charged shall be delivered or caused to be delivered a

copy of articles of charge or charges, the imputations of
misconduct or misbehaviour and a list of documents and
witnesses by whom each article of charge is proposed to be
sustained and shall require the person charged within such time
as may be specified therein a written statement of defence and to
state whether he desires an oral enquiry. On receipt and
consideration of the statement of defence, if received, or not
received from the person charged within the period stipulated in
the charge, the Disciplinary Authority is of opinion that there are
grounds for inquiring into the truth of any imputation of
misconduct or misbehaviour against the member of the
Corporation, it may itself inquire into such of the articles of
charges as are not admitted or if it considers it to do so, appoint an

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 Inquiring Authority to inquire into the truth thereof. An oral
enquiry shall be held if such an enquiry is desired by the person
charged or is directed by the authority concerned. Even if a person
charged has waived an oral inquiry, such inquiry shall be held by
the authority concerned in respect of charges which are not
admitted by the person charged and which can be proved only
through the evidence of witnesses and documents if any.
(iv) (a) Where all articles of charge(s) have been admitted by the
person charged his written statement of defence, the
Disciplinary Authority shall record his findings on each
charge after taking such evidence as it may think fit and
shall act in the manner laid down in the Regulations
(b ) When the Disciplinary Authority itself inquires into any
articles of charge(s) or appoints an Inquiring Authority for
holding inquiry into such charge, it may issue an order in
writing in appointing the Inquiring Authority and also as
the ‘Presenting Officer’ to present, on its behalf, the case in
support of the articles of the charge(s). The records
connected therewith shall also be forwarded to such
Inquiring Authority including the copy of the order
appointing the ‘Presenting Officer’.
(v) The person charged shall appear in person before Inquiring
Authority on the date and time fixed on any working day from the
date of receipt of connected records by the Inquiring Authority.
(vi) The person charged may take the assistance of any other
Government servant or any retired Government servant to
present the case on his behalf but may not engage a legal
practitioner for the purpose, unless the Inquiring Authority, is the

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 legal practitioner or the Inquiring Authority having regard to the
circumstances of the case, so permits.
Explanation
The person charged shall not take the assistance of any retired
Government servant who has two pending disciplinary cases on
hand in which he has to give assistance.

(vii) If the person charged who has not admitted any of the articles of
charge in his written statement of defence or does not submit any
written statement of defence, appears before the Inquiring Authority,
such authority can question him whether he wants to state anything
before he commences the inquiry and the Inquiring Authority shall
record his plea, sign the record and obtain the signature of the person
charged thereon appending the following certificate

“Recorded by me, read over (and translated) to the deponent

and acknowledged by him to be correct “
(Sd Inquiring Authority).

(viii) If the person charged applies in writing for the supply of the
documents mentioned in the list referred to in charge in Annexure III
for preparing his defence and submit his written statement of
defence, the Discipline Authority shall supply such documents
proposed to be sustained. If the charged person requires any other
document(s) other than those mentioned in the list of documents in
the Annexure III he shall be required to indicate the relevancy of the
documents required by him to be discovered or produced him the
authority concerned in whose custody or possession such documents
are available. The Inquiring Authority may, for reasons to be
recorded in writing refuse to requisition such of the documents as are
in his opinion, not relevant to the case. On receipt of the requisition,
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 referred to above any authority, having custody or possession of the
documents shall produce the same the Inquiring Authority
concerned, provided that if the authority having custody or
possession of the required documents is satisfied for reasons to be
recorded in writing that the production of all or any such documents
would be against the public interest or security of the State, it shall
accordingly inform the authority concerned who shall, in turn,
communicate the information to the person charged.

(2) (i) At that Inquiry the witnesses shall be examined by or on behalf of

the Disciplinary Authority by the Presenting Officer and the oral
evidence shall be heard and recorded in the presence of the
person charged and the person charged shall be entitled to cross
examine the witnesses. The witnesses examined shall be styled as
PW1, PW2 etc. and the documents exhibited as EX P1, EX P2 etc.
The signature of the witnesses should be obtained at the end of
each statement of each witness and also in the documents
exhibited in his presence, besides the signature of the person
charged as well as Inquiring Authority. The Presenting Officer is
entitled to reexamine the witnesses on any points on which they
have been cross examined but not any new matter without leave
of the Inquiring Authority. The Inquiring Authority may also put
such questions to the witnesses considered necessary to elicit
vital fact to ascertain the truth. In the case of re-examination by
the Presenting Officer the person charged is entitled to cross
examine the witnesses on those points on such examination.

(ii) A list of additional witnesses and documents, if considered

necessary, in the interest of justice, may also be cited and
examined and exhibited after giving notice to the person charged,
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 of such witnesses and documents sufficiently earlier to such
examination so as to enable him to prepare his defence for cross
examining such witnesses. The Inquiring authority shall also give
an opportunity of inspecting such document(s) before they are
taken on record. New evidence shall not be permitted or called for
or any witnesses shall not be recalled to fill up any gap in the
prosecution evidence.

(iii) After the prosecution is over, the person charged shall be

required to state whether or not he has any defence witnesses to
be examined and documents to be exhibited on his behalf and also
to furnish list of such witnesses if any, and also to state as to what
each witnesses is to speak and also the relevancy of documents to
be exhibited. A copy of list of witnesses and documents shall also
be given to the Presenting Officer, if any, appointed. The person
charged may also be permitted himself to give evidence on his
behalf, if the person charged gives in writing and also relevancy of
his evidence in the interest of justice provided that the Inquiring
Authority may for special and sufficient reason to be recorded in
writing, refuse to call a witnesses.

(iv) The evidence on behalf of the person charged shall then be

produced by him on a date and time fixed for his defence. He may
examine himself on his behalf if he so prefers. The witnesses
produced shall then be examined and shall also be liable to cross
examination and re-examination. The witnesses examined by the
person charged is styled as DW1, DW2 etc and the documents if
any exhibited as ExD1, EXD2 etc. Each statement of written and
document, if any, shall be signed by the deponent, officer charged
and the Inquiring Authority. A certificate should be appended at
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 the end of the statement of both prosecution and defence as
follows:
“Recorded by me, read over (and translated) to the deponent
and acknowledged by him to be correct”
(Sd) (Inquiring Authority)
(iv) If the person charged states he desires to recall certain witnesses
for further cross examination, he should be allowed to do so. But
the Inquiring Authority should always question him what further
questions he wishes to put those witnesses in order to satisfy
himself that they are relevant and if they are not, he can, for
reasons to be recorded, refuse to recall such witness(s).

(v) Whether or not the person charged desired or had an oral enquiry,
he shall be heard in person at any stage, if he so desires before
final orders are passed.

(vi) Whenever any Inquiring Authority, after having heard and

recorded the whole or any part of the evidence in an Inquiry
ceases to exercise jurisdiction thereon, and he succeeded by
another Inquiring Authority which has and which exercises such
jurisdiction, the success pr Inquiring Authority may act on the
evidence so recorded by its predecessor; or partly recorded by its
predecessor and partly recorded by itself, provided that if the
succeeding Inquiring Authority is of the opinion that further
examination of any of the witness whose evidence has already
been recorded is necessary in the interests of justice, it may recall,
examine, cross examine and re-examine any such witnesses as
hereinbefore provided.

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 (vii) A report of the Inquiry or personal hearing, as the case may be
shall be prepared by the authority holding the inquiry or personal
hearing whether or not such authority is competent to impose the
penalty. Such report shall contain a sufficient record of evidence,
if any and a statement of the findings and the grounds thereof.

(viii) If the member of the Corporation to whom a copy of the charges

together with a statement of the allegations on which each charge
is based and of any other circumstances which it is proposed to
take into consideration in passing the orders on the case is
communicated, does not submit the written statement of his
defence on or before the date specified for the purpose or does not
appear in person before the Inquiring Authority or otherwise fails
or refuses to comply with a provisions of this regulation, the
Inquiring Authority may hold the inquiry Ex-parte.

(3)After the Inquiry or personal hearing referred to in clause (1) has been
completed, the authority competent to impose the penalty specified in
such clauses (vi) to (xi) of Regulation 5 is of the opinion, on the basis of
the evidence adduced during the inquiry, any of the penalties specified in
Regulation 5 should be imposed on the person charged it shall before
making an order imposing such penalty, furnish to him a copy of the
report of the inquiry or personal hearing or both, as the case may be, and
call upon him to submit his further representation, if any, within a
reasonable time not exceeding fifteen days. Any representation received
in this behalf within the period shall be taken to consideration before
making any order imposing the penalty provided that such
representation shall be based on the evidence adduced during the
inquiry only. It shall not be necessary to give the person charged any

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 opportunity of making representation on the penalty proposed to be
imposed.
Provided further that in the case of a person appointed to a post in a
temporary department by transfer from any other class or by recruitment
by transfer from any other service, the State Government / Chairman and
Managing Director may at any time before the appointment of such person
as a full member to the said post, revert him to such other clause or
service, either for want of vacancy or in the event of his becoming surplus
to requirements or if the State Government / Chairman and Managing
Director are satisfied that he has not got the necessary aptitude for work in
the said post, without observing the formalities prescribed in these sub-
clause.

(4) i) The requirements of sub-clause (b) of Regulation 8 shall not apply while
it is proposed to impose on a member of the Corporation any such penalty
as is referred to in sub clause (vi) to (xi) of Regulation 5 on the basis of the
facts which have led to his conviction in a criminal court (whether or not he
has been sentenced at once by such court to any punishment); but he shall
be given a reasonable opportunity of any representation he may desire to
make and such representation if any shall be taken into consideration
before the order imposing the penalty is passed.

ii) The requirements of sub-clause (b) of Regulation 8 shall not apply

where it is proposed to impose on a member of the Corporation, any of
the penalties mentioned in Regulation 5, or where the officer concerned
has absconded or where it is for other reasons impracticable to
communicate with him.
iii) The provisions of sub-clause (b) of Regulation 8 shall not apply where
the Governor is satisfied in the interests of the security of the State, it is
expedient to follow the procedure prescribed in that sub-clause.
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 iv) (i) 1 All or any of the provisions of sub-clauses (a) and (b) of Regulation
8 may in exceptional cases, for special and sufficient reasons to be
recorded in writing, be waived where there is difficulty in observing
exactly the requirements of sub-clauses and those requirements can be
waived without injustice to the person charged.

(ii)If any question arises whether it is reasonably practicable to follow the

procedure prescribed in sub-clause (b) of Regulation 8, the decision
thereon of the authority empowered to dismiss or remove such person
or reduce him in rank, as the case may be shall be final.

Provided that, where any case a competent authority has imposed or

declined to impose a penalty under this regulation, a lower authority shall have
no jurisdiction to proceed under this regulation in respect of the same case.
Provided further that, no person shall be removed or dismissed or
compulsorily retired from the member of Corporation by any authority
subordinate to that by which he was appointed.

EXPLANATION
(a) The fact that the lower authority has imposed or declined to impose a
penalty in any case shall not debar a higher authority from exercising
his jurisdiction under this rule in respect of the same case.
(b) The order of a higher authority imposing or declining to impose in any
case a penalty under this rule shall supercede any order passed by a
lower authority in respect of the same case.
(c) The fact that a lower authority has dropped a charge against a member
of a service as not proved shall not debar a higher authority from
reviving it, for reasons to be recorded in writing and taking suitable
action on the charge so revived.

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 SUSPENSION
9. (1) A member of the Corporation may be placed under suspension from
service, where (i) an enquiry into grave charges against him is
contemplated or is pending or (ii) A compliant against him of any
criminal offence is under investigation or trial and if such suspension is
necessary in the public interest.

(2) A member of the Corporation is detained in custody whether on a

criminal charge or otherwise, for a period longer than forty eight hours
shall be deemed to have been suspended under this clause.

(3)Where a penalty of dismissal, removal or compulsory retirement from

service imposed upon a member of the Corporation under suspension is
set aside in appeal or an review under these regulations and the case is
remitted for further Inquiry or action or with any other direction the
order of the suspension shall be deemed to have continued in force on
and from the date of the original order of dismissal, removal or
compulsory retirement and shall remain in force until further orders.

(4)Where a penalty of dismissal, or removal or compulsory retirement from

service imposed upon a member of the Corporation is set aside or
declared or rendered or void in consequence of or by a decision of a
court of law and disciplinary authority on a consideration of the
circumstances of the case decides to hold a further inquiry against him
and the allegations on which the penalty of dismissal, removal or
compulsory retirement was originally imposed, the member of the
Corporation shall be deemed to have placed under suspension by the
appointing authority from the date of the original order, dismissal,
removal or compulsory retirement and shall continue to remain under
suspension until further orders, provided that no such further inquiry

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 shall be ordered unless it is intended to meet a situation where the court
of law has passed any order purely on technical grounds without going
into the merits of the case.

(5)Where a member of the Corporation is suspended or is deemed to have

been suspended whether in connection with any disciplinary
proceedings or otherwise or any other disciplinary proceedings are
commenced or any other criminal compliant is under investigation or
trial against him during the continuance of the suspension and where the
suspension of member of the Corporation is necessary in public interest
as required the clause (1), the authority competent to place him under
suspension may, for reasons to be recorded by him in writing, direct that
the member of Corporation shall continue to be under suspension until
the termination of all or any of such proceedings including departmental
proceedings taken on the basis of facts which led to the conviction in a
criminal court.

(6)An order of suspension made or deemed to have been made under this
regulation may at any time be revoked by the authority which made or
deemed to have made the order or any authority to which that authority
subordinate.

9. A The Commissioner for Disciplinary Proceedings and the Deputy

Commissioner for Disciplinary Proceedings, a reference by the
disciplinary authority concerned, hold the injury under regulation 8(b)
of Tamil Nadu Police Housing Corporation Employee’s (Discipline &
Appeal) Regulation 2012 inrespect of employed of the Tamil Nadu Police
Housing Corporation Limited.

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Explanation:- “ Disciplinary Authority “ for the purpose of this Regulation
shall mean the authority competent to impose the penalties
refereed to this regulation 8(b) ot any authority
subordinate to him but who is superior in value to the
officer against whom the inquiry is to be conducted.
10. (a) The authority imposing any penalty under these rules shall
maintain a record showing
(i) The allegation upon which the action was taken against the
person punished ;
(ii) The charges framed, if any;
(iii) The person’s representation, if any, and the evidence taken, if
any and
(iv) The finding and the grounds thereof, if any
(b) All orders of punishment shall also state the grounds on which they are
based and shall be communicated in writing to the person against whom
they are passed.

(c) Every order, notice and the other process made or issued under these
rules shall be served in person on the member of the Corporation or sent
to him by registered post acknowledgement due or if such person is not
found by leaving it at his last known place of residence or by giving or
tendering it to an adult member of his family or if none of the means
aforesaid is available by affixing it in some conspicuous part of his last
known place of residence.

(d) While passing final orders, the Disciplinary Authorities shall also pass
orders regarding the manner of disposal of the matter objects marked
during the enquiry. After the appeal time is over, the officers concerned
shall accordingly dispose of the material objects.

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 APPEALS

11. The authority which may impose any of the penalty prescribed in
Regulation 5 above mentioned and on a member of the Corporation
specified in column (i) of the schedule to these rules shall be the
authority specified in the corresponding entry in columns (ii), (iii), (iv),
(v), (vi), (vii), (viii), (ix), (x), (xi), (xii) and (xiii) thereof whichever is
relevant or any higher authority.
12. (1) Every member of a Corporation including a person who has ceased to
be a member of Corporation shall be entitled to appeal has hereinafter
provided, from an order passed by an authority
(a) Imposing upon him any of the penalties specified in the relevant
column of the schedule to the authority specified in the last
column thereof.
(b) discharging him in accordance with in terms of his contract, if he
has been engaged on a contract for a fixed or for indefinite period
and has rendered under either form of contract / continuous
service for a period exceeding five years at the time when his
services are terminated and
(c) reducing or withholding the maximum pension, including an
additional pension, admissible to him under the rules governing
concerns.

13. (1) A member of the Corporation including a person who has ceased
to be such member in whose case the Discipline authority has passed
original order shall be entitled to submit, within a period of two months
from the date on which the order was communicated to him, a petition to
the next higher authority for review of the orders passed by them on any
of the grounds specified below.

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 (i) That the order was not passed by the competent authority.
(ii) That a reasonable opportunity of defending him was not
given.
(iii) That the punishment is excessive or unjust.
(iv) Discovery of new matter or evidence which the appellant
allergies and proves to the satisfaction of the authority
concern was not within his knowledge or could not be
adduced him before the order imposing the penalty was
passed.
(v) Evident error or omission such as failure to apply Law of
Limitation or an error of procedure apparent on the face of
record.
Provided that, the Competent Appellate Authority may, in its
description, condone any delay in submitting the petition for review
within a said period of two months.
(2) The petition for appeal which does not satisfy any of the above
grounds shall be summarily rejected
14. (1) In the case of appeal against an order imposing any penalty
specified in regulation 5, the Appellate Authority shall consider
(a) Whether the facts on which the order was passed have been
established.
(b)Whether the facts established offered sufficient ground for taking
action
(c) Whether the penalty is excessive, adequate or inadequate and pass
orders
(i) confirming, enhancing, reducing or setting aside the penalty or
(ii) Remitting the case to the authority which imposed the penalty
or to any other authority with such direction as it may deem fit
in the circumstance of the case.

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Provided that (i) if the enhanced penalty which the appellate authority
proposes to impose is one of penalties specified in clauses (vi) to (xi)
of regulation 5 and an enquiry under sub-clause of regulation 8 has
not already been held in the case, the Appellate Authority shall,
subject to the provisions of sub rule 8 itself hold such enquiry or
direct that such enquiry to be held in accordance with the provisions
of sub-clause (b) of regulation 8 and thereafter, on a consideration of
the proceedings of such enquiry make such orders as it may deem fit.
(ii) If the enhanced penalty which the Appellate Authority proposes to
impose is one of the penalties specified in clauses (vi) to (xi) of
Regulation 5 and an inquiry in sub-clause (b) of Regulation 8 has
already been held in the case, the Appellate Authority shall make such
orders which may deem fit.
(iii) No order imposing an enhanced penalty shall be made in any other
case unless the appellant has been given an reasonable opportunity
as far as may be in accordance with the provisions of sub clause (b) of
Regulation 8 of making a representation against such enhanced
penalty.
(2) Any error or defect in the procedure followed in imposing a penalty
may be disregarded by the Appellate Authority if such authority
considers for reasons to be recorded, that error or defect was not
material and has neither caused injustice to the person concerned nor
affected a decision of the case.
15. In the case of an appeal the Appellate Authority shall pass such order as
appears to it just and equitable having a regard to all the circumstances
of the case.
16. Every person preferring an appeal shall do so separately and in his own
name.

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17. Every appeal preferred under these Regulation shall contain all material
statements and arguments relied on by the Appellant shall contain no
disrespectful or improper language and shall be complete in itself. Every
such appeal shall be addressed to the authority to whom the appeal is
preferred and shall be submitted through the office to which the
appellant belong or belonged and through the authority from whose
order the appeal is preferred and in the case of members of the
subordinate services through the usual official channel.
18. An appeal may be withheld by an authority not lower than the authority
from whose order it is preferred, if (i) it is an appeal in a case in which
under these regulations no appeal lies or (ii) it does not comply with the
provisions of regulation 17 or (iii) it is not preferred within two months
after the date on which the appellant was communicated of the order
appealed against and no reasonable cause is shown for the delay or (iv)
it is a repetition of a previous appeal and is made to the same appellant
authority by which such appeal has been decided and no new facts or
circumstances are adduced which offered ground for a reconsideration
of the case or (v) it is addressed to an authority to which no appeal lies
under these regulations
Provided that, an every case in which an appeal is withheld, the
appellant shall be informed of the fact and the reasons for it.
Provided further that, an appeal withheld on account only of failure
to comply with the provisions of regulation 17 may be resubmitted at
any time within one month of the date on which the appellant has been
informed of the withholding of the appeal and if resubmitted in form
which complies with those provisions, shall not be withheld.
19. No appeal shall lie against the withholding of an appeal by a competent
authority.

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20. (a). Every appeal which is not withheld under the regulations shall be
forwarded to the appellate authority by the authority from whose
order the appeal is preferred without an expression of opinion.
(b) A list of appeals withheld under regulation 18 with the reasons
for withholding them shall be forwarded half yearly by the
withholding authority to the Appellate Authority.
21. An Appellate Authority may call for any appeal admissible under this
regulations which has been withheld by a subordinate authority and may
pass such orders thereon as it considers fit.
22. Nothing in these regulations shall operate to deprive any person of any
right of appeal which he would have had if these regulations had not
been made, in respect of any order passed before they came into force.
An appeal pending at the time when, or preferred after these regulations
came into force shall be deemed to be an appeal under these regulations
and the regulation 14 shall apply as if the appeal where against an order
appealable under this regulation.

REVIEW
23. (1) Not withstanding anything contained in these regulation
(i) The State Government in the case of government servants on
deputation from the state Government on the appointing
authority.
(ii) The Board or Chairman or Managing Director as the case may be
serving under their control or.
(iii) The Appellate Authority within six months of the date of order
proposed to be reviewed or
(iv) any other authority specified in this behalf by the Board or
Chairman & Managing Director by a general or special order and
within such time as may be prescribed in such general or special

27
 order may at any time, either on their or its own motion or
otherwise call for the records of enquiry and after consultation
and revised any order made under these regulations, may
(a) confirm, modify or set aside the order or
(b)confirm, reduce, enhance or set aside the penalty imposed
by the order or impose any penalty where no penalty has
been imposed or
(c) remit the case to the authority which made the order or to
any other authority directing such authority to make such
further enquiry as it may consider proper in the
circumstance of the case or
(d)pass such other orders as they or it may deem fit
Provided that, no order imposing enhancing any penalty shall be
made by any reviewing authority unless the member of the Corporation
concerned have been given a reasonable opportunity of making his
representation against the penalty proposed and where it is imposed any
of the penalties specified in sub clauses (vi) to (xi) of regulation 5 or to
enhance the penalty imposed by the order sought to be revised to any of
the penalties specified in those clauses and if an enquiry under sub-
clause (b) of regulation 8 as not already been held in the case no such
penalty shall be imposed except after an enquiry in the manner laid
down in that sub-clause (b) of regulation 8 which shall be subject to the
provision of sub-clause (b) (4) of regulation 8 thereof and except after
consultation with the Tamil Nadu Public Service Commission where such
consultation is necessary.
Provided further that, no power of review shall be exercised by
Chairman/ Managing Director unless
(i) the authority which made the order in appeal or

28
 (ii) the authority to which an appeal would lie, where no appeal has
been preferred is subordinate to him
(2) No proceeding for the review shall be commenced
(a) Where no appeal has been preferred before the expiry of the
period of limitation for an appeal
(b) where an appeal had been preferred, before the disposal of such
appeal
(c) an application of review dealt with the same manner as if it were
an appeal under these regulation
24. A statutory appeal /review /review petition or any ordinary petition
made by a member of the corporation shall not automatically abate once
the member of the corporation dies. In such cases, the appellate
authority / reviewing authority or the authority who ascertains the
ordinary petition shall process and pass orders with confirming,
reducing or setting the penalty in consultation with Tamil Nadu Public
service Commission. Wherever consultation with the Tamil Nadu Public
Service Commission is necessary. However, the appellate / reviewing
authority or the authority ascertains the petition cannot pass orders
enhancing the penalty or the case of the authority which imposed the
penalty or to any other authority eith direction to start fresh inquiry
25. No application for review shall be preferred more than once in respect of
the same order provided further that no application for review shall be
entertained if it has not been made within a period of six months from
the date of receipt of the order on which such application of review is
prescribed.
26. Nothing contained in these regulations shall be deemed to preclude in
the State Government/Chairman & Managing Director from reviewing its
own orders previously passed.

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27. The State Government may, at any time, either on their own motion or
otherwise, review any order passed by them under these regulations,
when any new material or evidence which could not be produced or was
not available at the time of passing the order under review and which
has the effect of changing the nature of the case, has come, or has been
brought to their notice.
Provided that no order imposing or enhancing any penalty shall be
made by the State Government or Chairman or Managing Director, as
the case may be unless the member of Corporation concerned has been
given a reasonable opportunity of making a representation against the
penalty proposed or where it is proposed to impose any of the major
penalties specified in Regulation 5 or to enhance the minor penalty
imposed by the order sought to be reviewed to any of the major
penalties and if an enquiry under sub-clause (b) of Regulation 8 has not
already been held in the case, no such penalty shall be imposed except
after an inquiry in the manner laid down in the said sub-clause (b) of
Regulation 8 which shall be subject to provisions of sub rule (4 of
Regulation 8) thereof and except after consultation with the Tamil
Nadu Public Service Commission where such consultation is necessary.

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