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

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THE TAMIL NADU MUNICIPAL PUBLIC HEALTH SERVICE (DISCIPLINE AND APPEAL) REGULATIONS, 1973 1. Short t t!" #$% &o''"$&"'"$t#$ (1) These Regulations %a& be called the Ta%il Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1 !"#
(') The& shall be dee%ed to have co%e into (orce on and (ro% the 1st August 1 !"# (") The& shall appl& to) (i) ever& %e%ber holding posts in an& o( the categories governed b& the Ta%il Nadu Municipal Public Health Service Regulations, 1 !*# (i) +ver& person appointed to a class or categor& o( the Ta%il Nadu Municipal Public Service under Rule , o( -eneral Rules issued in Part .. o( the Ta%il Nadu Municipal Service Rules, 1 !*# /ut, the& shall not appl& to an& person appointed to a Municipal Service on contract under Rule o( the -eneral Rules#

Explanation. .( an& doubt arises as to application o( these regulations to an& person, the %atter shall be re(erred to the State -overn%ent 0hose decision thereon shall be (inal#

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

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(. D") $ t o$*#$ (i) .n these regulations unless there is an&thing repugnant in the sub1ect or conte2t
(a) the 0ords and e2pressions other than those de(ined in these regulations shall have the sa%e %eaning assigned to the% in Part . o( the Ta%il Nadu Municipal Service Rules, 1 !*3 (a) 4appellate authorit&4 %eans the authorit& co%petent to entertain and pass orders

setting aside or con(ir%ing or %odi(&ing an original order o( a disciplinar& authorit& i%posing an& o( the penalties speci(ied in Regulation " o( these regulations on an& %e%ber o( the service 3
(b) 4disciplinar& authorit&4 %eans the authorit& co%petent to i%pose an& o( the penalties %entioned in Regulation " on a %e%ber o( the service sub1ect to the provisions o( Regulation 5#

Explanation. (1) 6here an appellate authorit& passes an original order i%posing an& o( the penalties speci(ied in Regulation ", he shall, in respect o( that order, be dee%ed to be a disciplinar& authorit&# (') A %e%ber o( the Ta%il Nadu Public Health Service 0hose services are placed at the disposal o( an& registered co%pan& or bod& corporate registered or established b& a special statute shall, (or the purpose o( these rules, be dee%ed to be a %e%ber o( such service or dee%ed to hold such post in the service not0ithstanding that his salar& is dra0n (ro% a source other than the Municipal 7und# 3. P"$#!t "*#$ The (ollo0ing penalties, %a&, (or good and su((icient reason, be i%posed on an& %e%ber o( the service, na%el& 8$
(1) 9ensure# (1) 6ithholding o( incre%ents or pro%otion# (') Reduction to a lo0er ran: in the seniorit& list or to a lo0er post or ti%e)scale or to a

lo0er scale in a ti%e scale#

(") Recover& (ro% pa& o( the 0hole or part o( an& pecuniar& loss caused to a %unicipal council or to an& other local bod& or the State -overn%ent or to the 9entral -overn%ent b& negligence or breach o( orders 8

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Provided that the recover& (ro% the Health Assistant o( cost o( vaccine 0asted, 0hich 0astage is not satis(actoril& e2plained, shall not be considered as punish%ent i%posed on the Health Assistant# (;) Recover& (ro% pa& to the e2tent necessar& o( the %onetar& value e<uivalent to the a%ount o( incre%ents ordered to be 0ithheld, 0here such an order cannot be given e((ect to# Explanation. .n case o( stoppage o( incre%ent 0ith cu%ulative e((ect, the %onetar& value o( the a%ount o( incre%ents ordered to be 0ithheld %a& be recovered#
(=) Recover& (ro% pa& to the e2tent necessar& o( the %onetar& value e<uivalent to the

a%ount o( reduction to a lo0er stage in a ti%e scale ordered, 0here such an order cannot be given e((ect to#
(!) 9o%pulsor& retire%ent# (,) Re%oval (ro% service ( ) Dis%issal (ro% service (=) Suspension, 0here a person has alread& been suspended under Regulation , to the e2tent considered necessar& b& the authorit& i%posing penalt&#

Explanation. (1) The discharge)

(i) o( a person appointed on probation be(ore the e2pir& or at the end o( the prescribed or e2tended period o( probation 3 or (i)

o( a person engaged under contract in accordance 0ith ter%s o( contract 3 or

(ii) o( a person appointed other0ise than under contract to hold a te%porar& appoint%ent on the e2piration o( the period o( the appoint%ent,

does not a%ounts to re%oval or dis%issal 0ithin the %eaning o( this regulation# (') The re%oval o( a person (ro% the Municipal service shall not dis<uali(& hi% (ro% (uture e%plo&%ent, but the dis%issal o( a person

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

(ro% the %unicipal service shall, ordinaril&, dis<uali(& hi% (ro% (uture e%plo&%ent# (") The (ollo0ing shall not a%ount to be a penalt& 0ithin the %eaning o( this regulation, na%el& 8)
(i) 6ithholding o( incre%ents o( pa& o( a %unicipal servant (or (ailure to pass an&

depart%ental e2a%ination in accordance 0ith the regulations or orders governing the service to 0hich he belongs, or post 0hich he holds or the ter%s o( his appoint%ent 3 Stoppage o( incre%ent o( a Municipal servant, at the e((icienc& bar in the ti%e) scale o( pa& on the ground o( his un(itness to cross the bar3
(i) (ii) Non)pro%otion o( a %unicipal servant 0hether in a substantive or o((iciating capacit&, a(ter consideration o( his case (or pro%otion to 0hich he is eligible3 (iii) Reversion o( a %unicipal servant o((iciating in a higher class or categor& on the

ground that he is considered to be unsuitable (or such higher class, categor& or on an& ad%inistrative ground unconnected 0ith his conduct3
(ii) Reversion o( a %unicipal servant appointed on probation to an& class or categor&,

to his per%anent class or categor& during or at the end o( the period o( probation in accordance 0ith the ter%s o( his appoint%ent or the rules or regulations governing such probation#
(i) Replace%ent o( the service o( a %unicipal servant, 0hose services had been

borro0ed (ro% a State -overn%ent or the 9entral -overn%ent or another %unicipalit& or local authorit& or an& authorit& under the control o( a State -overn%ent or the 9entral -overn%ent or another Municipalit& or local authorit&, b& the authorit& (ro% 0hich the services o( such %unicipal servant had been borro0ed#
(i) 9o%pulsor& retire%ent o( a %unicipal servant in accordance 0ith the provisions relating to his superannuation or retire%ent#

+. D *& ,! $#r- #.thor t-./ (1) The authorit& co%petent to i%pose the penalties speci(ied in clauses (1), ('), (5) and (;) o( Regulation " on

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

a %e%ber o( the service other than the %e%bers holding the posts in 9lass . and categor& 1 o( 9lass .. shall be the Municipal Health >((icer# Explanation. .n case covered b& sub)clause (1), i( the delin<uent is 0or:ing in a Municipalit& other than the Municipalit& 0here the lapse 0as co%%itted, the co%petent authorit& shall be the Municipal Health >((icer o( the Municipalit& 0here the delin<uent 0as 0or:ing at the ti%e 0hen the lapse 0as co%%itted# 6here there is no Municipal Health >((icer, the authorit& appointed to hold additional charge o( the post o( Municipal Health >((icer, or 0here no additional charge appoint%ents have been %ade, the +2ecutive Authorit& o( the Municipalit& shall e2ercise the po0ers o( Municipal Health >((icer under this regulation#
(') The authorit& co%petent to i%pose the penalties speci(ied in clauses ("), (=), (!), (,), ( ) and (1*) o( Regulation " on a %e%ber o( the service shall be the appointing authorit&#

Explanation. .n cases covered b& sub)clause (') in respect o( %e%bers o( the service in 9lass ..., 9ategor& ' o( 9lass .? and 9lass ? i( the delin<uent is 0or:ing in a Municipalit& other than the Municipalit& 0here the lapse 0as co%%itted, the co%petent authorit& shall be the Municipal Health >((icer o( the Municipalit& 0here the delin<uent 0as 0or:ing at the ti%e 0hen the lapse 0as co%%itted#
(') The authorit& co%petent to i%pose an& o( the penalties %entioned in Regulation "

on an& %e%ber holding the posts in 9lass . and 9ategor& . o( 9lass .. shall be the Additional Director o( Health Service and 7a%il& Planning# 0. A,,"!!#t" #.thor t-./ (1) Not0ithstanding the provisions o( Regulation 5, the appellate authorit& %a&, in respect o( an& speci(ic penalt&, pass an order i%posing penalt& on a %e%ber o( the service in an& speci(ied case# (') 6here, in an& case, the appellate authorit& has i%posed or declined to i%pose a penalt& under this regulation, the disciplinar& authorit& shall have no 1urisdiction to proceed under this regulation in respect o( the sa%e case#

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

(") The (act that a disciplinar& authorit& has i%posed or declined to i%pose a penalt& in an& case shall not debar the appellate authorit& (ro% e2ercising his 1urisdiction under this regulation in respect o( the sa%e case# (5) The order o( the appellate authorit& in i%posing or declining to i%pose in an& case a penalt& under this regulation shall supersede an& order passed b& the disciplinar& authorit& in respect o( the sa%e case# (") The (act that a disciplinar& authorit& has dropped a charge against a %e%ber o( the

service as not proved)shall not debar the appellate authorit& (ro% reviving it (or reasons to be recorded in 0riting and ta:ing suitable action on the charge so revived#
1. D *& ,! $#r- #.thor t- $ r"*,"&t o) ,"r*o$* ,ro'ot"% or tr#$*)"rr"%./ 6here a person has been pro%oted or trans(erred (ro% a class or categor& to a higher class or categor&, no penalt& shall be i%posed on hi% in respect o( his 0or: or conduct 0hile he 0as a %e%ber o( the class or categor& (ro% 0hich he 0as pro%oted or trans(erred e2cept b& an authorit& co%petent to appoint hi% to the class or categor& to 0hich he has been pro%oted or trans(erred# 1. D *& ,! $#r- #.thor t- $ r"*,"&t o) ,"r*o$* r"%.&"% or r"2"rt"%./ 6here a person has been reduced or reverted (ro% a class or categor& to a lo0er class or categor&, no penalt& shall be i%posed on hi% in respect o( his 0or: or conduct 0hile he 0as a %e%ber o( the class or categor& (ro% 0hich he 0as reverted or reduced, e2cept b& an authorit& co%petent to i%pose the penalt& upon a %e%ber o( such class or categor&, as the case %a& be# 7. S.*,"$* o$./ (1) A %e%ber o( the service %a& be placed under suspension (ro% service 0here) (i) an en<uir& into grave charges against hi% is conte%plated or is pending3 or (i) a co%plaint against hi% o( an& cri%inal o((ence is under investigation or trial,

and i( such suspension is necessar& in the public interest#

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

(') A %e%ber o( the service 0ho is detained in custod& 0hether on a cri%inal charge or other0ise (or a period longer than 5, hours shall be dee%ed to have been suspended under this regulation# (") 6here a penalt& o( dis%issal, re%oval or co%pulsor& retire%ent (ro% service i%posed upon a %e%ber o( the service under suspension is set aside in appeal or on revie0 under these regulations, and the case is re%itted (or (urther en<uir& or action or 0ith an& other directions,# the order o( his suspension shall be dee%ed to have continued in (orce on and (ro% the date o( the original order o( dis%issal, re%oval or co%pulsor& retire%ent and shall re%ain in (orce until (urther orders# (5) 6here a penalt& o( dis%issal, re%oval or co%pulsor& retire%ent (ro% service i%posed upon a %e%ber o( the service is set aside or declared or rendered void in conse<uence o(, or b& a decision o( a 9ourt o( @a0, and the disciplinar& authorit&, on a consideration o( the circu%stances o( the case, decides to hold a (urther en<uir& against hi% on the allegations on 0hich the penalt& o( dis%issal, re%oval or co%pulsor& retire%ent 0as originall& i%posed, such %e%ber o( the service shall be dee%ed to have been placed under suspension b& the appointing authorit& (ro% the date o( original order o( dis%issal, re%oval or co%pulsor& retire%ent and shall continue to re%ain under suspension until (urther orders# (;) An order o( suspension %ade or dee%ed to have been %ade under this regulation %a&, at an& ti%e be revo:ed b& the authorit& 0hich %ade the order or b& the appellate authorit& or b& the State -overn%ent# (=) 6here a %e%ber)o( the service is suspended or is dee%ed to have been suspended

(0hether in connection 0ith an& disciplinar& proceedings or other0ise) and an& other disciplinar& proceedings is co%%enced against hi% during the continuance o( that suspension, the authorit& co%petent to place hi% under suspension, %a&, (or reasons to be recorded b& hi% in 0riting, direct that the individual shall continue to be under suspension until the ter%ination o( all or an& o( such proceedings#
(!) The Municipal Health >((icer %a& suspend an& %e%ber o( the service e2cept

those holding the posts under 9lass . and 9ategor& . o( 9lass .. 8

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Provided that suspension pending en<uir& re(erred to in clause (i) o( sub)clause (1) shall not ordinar& be (or a period e2ceeding " %onths, and in e2ceptional cases 0here the en<uir& cannot be co%pleted 0ithin " %onths, the period o( suspension %a& be e2tended (or a (urther period 0ith the sanction o( the Additional Director o( Health Services and 7a%il& Planning# Explanation. 6here there is no Municipal Health >((icer, the authorit& appointed to hold additional charge o( the post o( Municipal Health >((icer, or 0here no additional charge arrange%ents have been %ade, the +2ecutive Authorit& o( the Municipalit& shall e2ercise the po0ers o( Municipal Health >((icer under this clause#
(,) The Additional Director o( Health Service and 7a%il& Planning shall be the authorit& co%petent to place under suspension an& %e%ber o( the service holding the posts in 9lass . and 9ategor& . o( 9lass ..# ( ) During the period o( his suspension, the %e%ber o( the service shall be paid a subsistence allo0ance at such rates as are prescribed under the 7unda%ental Rules#

34A. 5h"r" # ,"r*o$ to 6" ,.$ *h"% h#* 6""$ !"$t to th" ,.$ *h $7 #.thor t-#$ (1) (i) The po0er to i%pose the penalt& o( co%pulsor& retire%ent or re%oval or dis%issal shall not lie 0ith an& authorit&, other than the lending authorit&, the borro0ing authorit& shall, in a case 0here it considers that the punish%ent o( co%pulsor& retire%ent, re%oval or dis%issal should be i%posed, co%plete the in<uir&, revert the person concerned, to the lending authorit& (or such action as that authorit& %a& consider necessar&8 Provided that the provision in this clause re<uiring the reversion o( the person concerned to the lending authorit& shall not appl& 0here the person has been lent b& one Municipalit& to another3 and (ii) unless in an& case it be other0ise provided b& speci(ic orders b& the -overn%ent, the punishing authorit& shall consult the lending authorit& be(ore i%posing an& lesser penalt& and in the case o( suspension shall report (orth0ith to the lending authorit& the circu%stances leading to the i%position o( that penalt&8

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

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

co%pan&, corporation, organiAation or local authorit& has, at an& ti%e be(ore his service 0ere so placed, co%%itted an& act or o%ission 0hich renders hi% liable to an& penalt& speci(ied in Regulation ", the authorit& co%petent under Regulation 5 to i%pose an& such penalt& on such %e%ber or person shall alone be co%petent to institute disciplinar& proceedings against hi% and to i%pose on hi% the said penalt& speci(ied in Regulation " as it thin: (it, and the borro0ing authorit& under 0ho% he is serving at the ti%e o( the institution o( such proceedings shall be bound to render all reasonable (acilities to such co%petent authorit& instituting and conducting such proceedings#
(') (a) 6here an order o( suspension is %ade or a disciplinar& proceeding is conducted against a person 0hose services have been borro0ed (ro% an& co%pan&, corporation, organiAation, autono%ous /oard or other authorit&, the authorit& lending his services (hereina(ter re(erred to as 4the lending authorit&4) shall (orth0ith be in(or%ed o( the circu%stances lending to the order o( the suspension o( the Municipal servant or o( the co%%ence%ent o( the disciplinar& proceedings, as the case %a& be#

(b) .n the light o( the (indings in the disciplinar& proceedings conducted against the Municipal servant, i( the disciplinar& authorit& is o( the opinion that an& o( the penalties speci(ied in clauses (1), (') and (5) o( Regulation " should be i%posed on hi% it %a&, a(ter consultation 0ith the lending authorit&, pass such orders in the case as it %a& dee% necessar&8
(i) Provided that in the event o( di((erence o( opinion bet0een the borro0ing

authorit& and the lending authorit&, the services o( the servant shall be replaced at the disposal o( the lending authorit& 8
(i) Provided (urther that i( the borro0ing authorit& is o( the opinion that an& o(

the penalties speci(ied in clauses ("), (!) (,) and ( ) o( Regulation " should be i%posed on the servant, it shall replace the service o( such servant at the disposal o( the lending authorit& and trans%it to )it the proceedings o( the in<uir& (or such action as it %a& dee% necessar&#

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9. Pro&"%.r" )or ',o* $7 ,"$#!t "*#$ (1) .n ever& case 0here it is proposed to i%pose on a %e%ber o( service an& o( the penalties in clauses (1), ('), (5) and (;) o( Regulation ", he shall be given a reasonable opportunit& o( %a:ing an& representation, that he %a& desire to %a:e and such representation i( an&, shall be ta:en into consideration be(ore the order i%posing the penalt& is passed 8 Provided that the re<uire%ents o( this sub)clause shall not appl& 0here it is proposed to i%pose on a %e%ber o( the service an& o( the penalties a(oresaid on the basis o( (acts 0hich have led to his conviction b& a 9ourt Martial, or 0here the o((icer concerned has absconded, or 0here it is (or other reasons i%practicable to co%%unicate 0ith hi%# (') .n cases 0here it is proposed to i%pose on a %e%ber o( the service an& o( the penalties speci(ied in clauses ", =, !, , and o( Regulation ", the grounds on 0hich it is proposed to ta:e action shall be reduced to# the (or% o( de(inite charge or charge together 0ith a state%ent o( the allegations on 0hich it is proposed to ta:e into consideration in passing orders on the case# He shall be re<uired, 0ithin a reasonable ti%e, to put in a 0ritten state%ent o( his de(ence and to state 0hether he desires an oral en<uir& or to be heard in person or both# An oral en<uir& shall be held i( such an en<uir& is desired b& the person charged or is directed b& the authorit& concerned# At the en<uir&, oral evidence shall be heard as to such o( the allegations as are not ad%itted and the person charged shall be entitled to cross e2a%ine the 0itnesses, to give evidence in person, and to have such 0itnesses called, as he %a& 0ish, provided that the o((icer conducting the en<uir& %a&, o( special and su((icient reasons to be recorded in 0riting, re(use to cal . a 0itness# A(ter the en<uir& has been co%pleted, the person charged shall be entitled to put in, i( he so desires, an& (urther 0ritten state%ent o( his de(ence# .( no en<uir& is held and i( he had desired to be heard in person, a personal hearing shall be given to hi%# The proceedings shallB contain a su((icient record o( the evidence and a state%ent o( the (indings and grounds thereon, the en<uir& shall ordinaril& be conducted# b& the disciplinar& authorit&# .n respect o( cases (or 0hich the Additional Director o( Health Services and 7a%il& Planning is the disciplinar& authorit&, such en<uir& shall be conducted either b& hi%sel( or, at his direction, b& an& subordinate authorit&#

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(") A(ter the en<uir& re(erred to in sub)clause (') has been co%pleted and a(ter the authorit& co%petent to i%pose the penalt& %entioned in that sub)clause has arrived at a provisional conclusion in regard to the penalt& to be i%posed, the person charged shall be supplied 0ith a cop& o( the report o( the en<uiring authorit& and be called upon to sho0 cause 0ithin a reasonable ti%e not ordinaril& e2ceeding one %onth against the proposed penalt& proposed to be in(licted# (") An& representation in this behal( sub%itted b& the person charged shall be ta:en into consideration be(ore (inal orders are passed 8

Provided that such representation shall be based onl& on the evidence adduced during the en<uir&# Explanation.An opportunit& to sho0 cause against the i%position >( an& o( the penalties re(erred to in sub)clause (') shall be given a(ter the authorit& co%petent to i%pose the penalt& arrives at a provisional conclusion in regard to the penalt& to be i%posed either b& such authorit& hi%sel( or under his direction, b& a subordinate authorit& 0ho is superior in ran: to the person on 0ho% it is proposed to i%pose the penalt&#
(5) The re<uire%ent o( sub)clause (') shall not appl& 0here it is proposed to i%pose on a %e%ber o( the service an& such penalt& as is re(erred to therein on the basis o( the (acts 0hich have led to his conviction in a 9ri%inal 9ourt (0hether or not he has been sentenced b& such 9ourt to an& punish%ent), but he shall be given a reasonable opportunit& o( %a:ing an& representation that he %a& desire to %a:e, and such representation, i( an&, shall be ta:en into consideration be(ore the order i%posing the penalt& is passed# (;) The re<uire%ent o( sub)clause (') shall not appl& 0here it is proposed to i%pose on a %e%ber o( the service an& o( the penalties %entioned in Regulation " on the basis o( the (acts 0hich have led to his conviction b& a 9ourt Martial or 0here the person concerned has absconded or 0here it is (or other reasons i%practicable to co%%unicate 0ith hi%# (") The provision o( sub)clause (') shall not appl& 0here the State -overn%ent are satis(ied that in the interest o( the securit& o( the State it is not e2pedient to (ollo0 the procedure prescribed in that sub)clause#

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(,) All or an& o( the provisions (or sub)classes (1) and (') %a&, in e2ceptional cases, (or special and su((icient reasons to be recorded in 0riting, be 0aived 0here there is di((icult& in observing e2actl& the re<uire%ents o( he said clauses, and these re<uire%ents can be 0aived 0ithout in1ustice to the person charged# .( an& <uestion arises 0hether it is reasonabl& practicable to (ollo0 the procedure prescribed in sub)clause ('), the decision thereon, o( the authorit& co%petent to dis%iss or re%ove such person or reduce hi% in ran:, as the case %a& be, shall be (inal# 18. M# $t"$#$&" o) r"&or%*#$ The co%petent authorit& i%posing an& penalt& under these regulations shall %aintain a record sho0ing,$
(1) the allegations upon 0hich action 0as ta:en against the person punished3 (') the charges (ra%ed, i( an&3 (") the personBs representation, i( an&, and the evidence ta:en, i( an&3 and (5) the (inding and the grounds thereo(, i( an&#

11. Or%"r o) ,.$ *h'"$t to *t#t" 7ro.$%* #$% to 6" &o''.$ &#t"%#$ (1) All orders o( punish%ent shall state the grounds on 0hich the& are based and shall be co%%unicated in 0riting to the person against 0ho% the& are passed# (') +ver& order, notice and other process %ade or issued under these regulations shall be served on a %e%ber o( service concerned, or sent to hi% b& registered post ac:no0ledge%ent due, or i( such person is not (ound, b& leaving it at his last :no0n place o( residence, or b& giving or tendering it to an adult %e%ber o( his (a%il& or i( none o( the %eans a(oresaid is available, b& de(acing it in so%e conspicuous part o( his last :no0n place o( residence# 1(. A,,"#!*#$ +ver& %e%ber o( the service shall have the right o( appeal against an order passed b& an authorit&
(1) i%posing on hi% an& o( the penalties speci(ied in Regulation "3 (') discharging hi% in accordance 0ith the ter%s o( his contract, i( he has been

engaged on a contract (or a (i2ed or (or an inde(inite

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period and has rendered under either (or% o( contract continuous service (or a period e2ceeding (ive &ears at the ti%e 0hen his services are ter%inated 3 and (") reducing or 0ithholding the %a2i%u% pension, including an additional pension, ad%issible to hi% under the rules governing pensions#
13. A,,"!!#t" #.thor t-#$An appeal against all orders o( punish%ent i%posed b& the Municipal Health >((icer shall lie to the Additional Director o( Health Services and 7a%il& Planning, and in cases 0here the order has been passed b& the Additional Director o( Health Services and 7a%il& Planning, the appeal shall lie to the -overn%ent# 14. A,,"#! to Go2"r$'"$t#$ Not0ithstanding an&thing contained in Regulation 1", and 0here an original order i%posing a speci(ic penalt& i%posed on a %e%ber o( the service has been passed b& the appellate authorit& in e2ercise o( the po0ers con(erred under Regulation ;, an appeal against such orders shall lie onl& to the State -overn%ent 8

Provided that 0here the appellate authorit& 0ho has passed the original order i%posing the penalt& happens to be the State -overn%ent, the person aggrieved b& the order %a& again appeal to the State -overn%ent to reconsider the order# The State -overn%ent shall, thereupon, revie0 the records o( the case and pass such orders thereon as it %a& appear to the% to be 1ust or e2pedient#
13. Pro&"%.r" to 6" )o!!o9"% 6- th" #,,"!!#t" #.thor t- #$ (1) .n the case o( an appeal against an order i%posing an& penalt& speci(ied in Regulation ", the appellate authorit& shall consider)

(i) 0hether the (acts on 0hich the order 0as based have been established 3 (ii) 0hether the (acts established a((ord su((icient ground (or ta:ing action 3 and (i) 0hether the penalt& is e2cessive, ade<uate or inade<uate3 and a(ter such consideration shall pass such orders as it thin:s proper#

(') An& error or de(ect in the procedure (ollo0ed in i%posing a penalt& %a& be disregarded b& the appellate authorit& i( such authorit&

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

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1'"5 considers, (or reasons to be recorded in 0riting, the error or de(ect 0as not %aterial and has neither caused in1ustice to the person concerned nor a((ected the decision o( the case#C 11. A,,"!!#t" authorit& to decide appeals#$ .n the case o( an appeal, the appellate authorit& shall pass such orders as appears to it 1ust and e<uitable, having regard to all the circu%stances o( the case## 1!# Mo%" o) ,r")"rr $7 #$ #,,"#!./ (a) +ver& person pre(erring an appeal shall do so separatel& and in his o0n na%e#
(b) No appeal pre(erred under these regulations shall be entertained unless it is pre(erred 0ithin ' %onths (ro% the date on which the appellant 0as in(or%ed o( the orders appealed against

Provided that the appellate authorit& %a& entertain an appeal a(ter the e2pir& o( such period i( it is satis(ied that there 0as reasonable cause (or the dela&#
(c) +ver& appeal pre(erred under these regulations shall contain all %aterial state%ents and argu%ents relied on b& the appellant, shall contain no disrespect(ul or i%proper language as shall be co%plete in itsel(# +ver& such appeal shall be addressed to the authorit& to 0ho% the appeal is pre(erred and shall be sub%itted through the head o( the o((ice to 0hich the appellant belongs or belonged and through the authorit& (ro% 0hose order the appeal is pre(erred#

13. 5 thho!% $7 o) #,,"#!*./ An appeal %a& be 0ithheld b& an authorit& not lo0er than the authorit& (ro% 0hose order it is pre(erred, i(
(1) it is an appeal in a case in which, under these regulations no appeal lies 3 or (1) it does not co%pl& 0ith the provisions o( Regulation 1! (c) 3 or (') it is not pre(erred 0ithin t0o %onths a(ter the date on 0hich the appellant 0as in(or%ed o( the order appealed against and no reasonable cause is sho0n (or he dela&3 or (") it is a repetition b( previous appeal and is %ade to the sa%e appellate authorit& b& 0hich such appeal has been decided and not ne0 (acts or circu%stances are adduced 0hich a((ord grounds (or reconsideration o( the case 3 or

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

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(;) it is addressed to an authorit& to 0hich no appeal lies under these regulations 8 Provided that in ever& case in 0hich an appeal is 0ithheld the appellant shall be in(or%ed o( the (act and the reasons (or it 8 Provided (urther that an appeal 0ithheld on account onl& o( (ailure to co%pl& 0ith the provisions o( Regulation 1! (c) %a& be re)sub%itted at an& ti%e 0ithin one %onth o( the date on 0hich the appellant has been in(or%ed o( the 0ithholding o( the appeal 3 and an appeal re) sub%itted in a (or% 0hich co%plies 0ith those provisions shall not be 0ithheld#
19. No #,,"#! to ! " #7# $*t 9 thho!% $7 o) #$- #,,"#!./ No appeal shall lie against the 0ithholding o( an appeal b& a co%petent authorit&# 20. Po9"r* o) #,,"!!#t" #.thor t- or Go2"r$'"$t 9h"$ $o #,,"#! * ,r")"rr"%./ The authorit& b& 0ho% an order i%posing a penalt& speci(ied in Regulation " %a& be reversed or altered in cases in 0hich no appeal is pre(erred shall be the appellate authorit& prescribed in the regulations or an& higher authorit&# 21. :or9#r% $7 o) #,,"#! #$% ! *t o) #,,"#!* 9 thh"!% to th" #,,"!!#t" #.thor t- #$ (1) +ver& appeal 0hich is not 0ithheld under these regulations shall be (or0arded to the appellate authorit& b& the authorit& (ro% 0hose order the appeal is pre(erred 0ith an e2pression o( opinion#

(')A list o( appeals 0ithheld under Regulation 1, 0ith the reasons (or 0ithholding the% shall be (or0arded hal()&earl& b& the 0ithholding authorit& to the appellate authorit&#
19. Po9"r* o) #,,"!!#t" #.thor t- to &#!! )or # 9 thh"!% #,,"#! #$An appellate authorit& %a& call (or an& appeal ad%issible under these regulations 0hich has been 0ithheld b& a subordinate authorit& and %a& pass such orders thereon as it considers (it#

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

right o( appeal 0hich he 0ould have had i( these regulations had not been %ade in respect o( an& order passed be(ore

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

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the& ca%e into (orce# An appeal pending at the ti%e 0hen, or pre(erred a(ter, these regulations ca%e into (orce shall be dee%ed to be an appeal under these regulations, and Regulation 1; shall appl& as i( the appeal 0ere against an order appealable under these regulations# (+. R"2 * o$ ,"t t o$ to Go2"r$'"$t./ (1) 6here the original order i%posing an& o( the penalties speci(ied in Regulation " has been i%posed on a %e%ber o( the service b& the State -overn%ent, such %e%ber %a&, 0ithin t0o %onths o( the date on 0hich the order is co%%unicated to hi%, sub%it a revision petition to the -overn%ent against the order# .n disposing o( such petition, State -overn%ent shall, as (ar as possible, (ollo0 the procedure prescribed (or dealing 0ith appeals and on an& o( the grounds speci(ied belo0
(a) that the order 0as not passed b& the co%petent authorit&3 (b) that a reasonable opportunit& o( de(ending hi%sel( 0as not given3 (c) that the punish%ent is e2cessive or un1ust 3 (d) discover& o( ne0 %atter or evidence, 0hich, the appellant alleges and proves to

the satis(action (or the -overn%ent 0as not 0ithin his :no0ledge or could not be adduced b& hi% be(ore the order i%posing the penalt& 0as passed 3
(e) evident error or o%ission, such as, (ailure to appl& the la0 o( li%itation or an

error o( procedure apparent on the (ace o( record# (') The petition (or revie0 0hich does not satis(& an& o( the above grounds shall be su%%aril& re1ected# (0. Po9"r* o) Go2"r$'"$t to ,#** or%"r* o$ &o',!"t"% % *& ,! $#r- ,ro&""% $7*./ Not0ithstanding an&thing contained in these regulations, the State -overn%ent or such o((icer as the& %a& e%po0er in this behal(, shall have the po0er to call (or the records relating to a disciplinar& proceedings 0hich has been co%pleted either b& the disciplinar& authorit& or b& the appellate authorit& and pass such orders on it as the& %a& consider 1ust or e2pedient 8

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

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Provided that be(ore a penalt& is i%posed, in a case 0here no penalt& has been i%posed, or a penalt& 0hich has been i%posed is enhanced, the person concerned should be given an opportunit& to sho0 cause 0h& the penalt& should not be i%posed or enhanced, as the case %a& be# (1. Tr"#t'"$t o) ,"r o% o) *.*,"$* o$./ 6hen a %e%ber o( the service 0ho has been dis%issed, re%oved, co%pulsoril& retired or suspended is reinstated the authorit& co%petent to order the reinstate%ent shall consider and %a:e a speci(ic order (or treating the period o( absence (ro% dut& 0ith re(erence to the provisions o( 7unda%ental Rule ;5# -#># Ms# No# 1, ', H D 7#P# dated 1),)1 !" -#># Ms# No# 111,, H D 7#P# dated 1;)!)1 !=# ;;;;;;;;;;;;;;;;;;;;;