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CONDUCT, DISCIPLINE & APPEAL

SHELL MRPL AVIATION FUELS AND SERVICES LIMITED

CONDUCT, DISCIPLINE & APPEAL RULES

(CDA Rules)

1.COMMENCEMENT AND APPLICATION: –

 

(1) These Rules shall come into force with effect from 1st December 2016.

(2) These rules shall apply to every person appointed as Full Time Employee (FTE) or under Full Time Contract (FTC) or under Deputation except:

  • Associates from Third Party Service providers and those who are in casual employment.
  1. DEFINITIONS :-

 

(a) ‘Board of Directors’ means the Board of Shell MRPL Aviation Fuels and Services Limited

(b) ‘Company’ means Shell MRPL Aviation Fuels and Services Limited.

(c)’Competent Authority’ means the Key Managerial Personnel (KMPs) appointed by Board for all FTE and FTC. In the case of KMPs, Competent Authority is Board of Directors.

(f) ‘Employee’ means any employee of the Company including FTE and FTC  other than those officers, who are on deputation and Associates and those in casual employment.

(g) ‘Family’ in relation to an employee includes:

  • the wife or husband, as the case may be of the employee, whether residing with him or not but does not include a wife or husband, as the case may be separated from the employee by a decree or order of a competent court.
  • sons or daughters or step-sons or step-daughters of the employee and wholly dependent on him, but does not include a child or step-child who is no longer in any way dependent on the employee or of whose custody the employee has been deprived by or under any law.
  • any other person related, whether by blood or marriage, to the employee or to such employee’s wife or husband and wholly dependent on such employee.
  1. GENERAL :-

 

(1) Every employee shall at all times:

  • maintain absolute integrity;
  • maintain devotion to duty; and
  • conform to and abide by these Rules and shall observe, comply with and obey all orders and directions which may, from time to time, be given to him, in the course of his official duties by any person or persons under whose jurisdiction, superintendence or control he may, for the time being, be placed;

(2) Every employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all employees for the time being under his control and authority;

  1. MISCONDUCT :-

 

Without prejudice to the generality of the term (Misconduct), the following acts of omission and/or commission shall be treated as misconduct :

(1) Theft, fraud or dishonesty in connection with the business or property of the Company or of the property of another person within the premises of the Company.

(2) Taking or giving bribes or any illegal gratification.

(3) Furnishing false information regarding name, age, father’s name, qualifications, ability or previous service or any other matter germane to the employment at the time of employment or during the course of employment.

(4) Interference or tampering with any safety devices installed in or about the premises of the Company.

(5) Acting in a manner prejudicial to the interest of the Company.

(6) Willful insubordination or disobedience, whether or not in combination with others, or any lawful and reasonable order of his superior.

(7) Absence without leave or over-staying the sanctioned leave for more than four consecutive days (including holidays) without sufficient grounds or proper or satisfactory explanation.

(8)   Habitual late or irregular attendance.

(9) Neglect of work or negligence in the performance of duty including malingering or slowing down of work.

(10) Damage to any property of the Company.

(11) Drunkenness or riotous or disorderly or indecent behaviour in the premises of the Company or outside such premises where such behaviour is related to or connected with the employment.

(12) Commission of any act which amounts to a criminal offence involving moral turpitude.

(13) Abetment of or attempt at abetment of any act which amounts to misconduct.

(14) Repeatedly Making false allegations against Employee / Director / KMP.

(15) Violation of or non compliance with the Company’s Rules / Policies and Manuals.

(16) Indulging in any act of sexual harassment of any woman at her work place as prescribed in “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. In this case redressal will be done as prescribed in the Act after enquiry by Internal committee constituted as per the Act.

NOTE : The above instances of misconduct are illustrative in nature, and not exhaustive.

APR 

  1. SCOPE OF AN EMPLOYEE’S SERVICE

 

Unless in any case it be otherwise distinctly provided, the whole time of an employee shall be at the disposal of the Company as the case may be, and he shall serve the Company in its business in such capacity and at such places as he may, from time to time be directed.

  1. EMPLOYEES NOT TO SEEK DUAL EMPLOYMENT

 

While on employment, No employee shall accept, solicit or seek any outside employment or office whether stipendiary or honorary or participate full time or part time in any fund raising activity for any social / religious or for any other purpose, without the previous sanction of the Competent Authority.

  1. PART-TIME WORK

 

No employee shall undertake part-time work for a private or public body or a private person or accept fees there on without the sanction of the Competent Authority which shall grant sanction only in exceptional cases when it is satisfied that the work can be undertaken without detriment to his official duties and responsibilities. The Competent Authority may in cases in which it thinks fit to grant such sanction, stipulate that any fees received by the employee for undertaking the work shall be paid, in whole or part, to the Company.

  1. OBLIGATION TO MAINTAIN SECRECY

 

No employee shall, while in service or after his retirement, resignation or discharge, except in accordance with any general or special order of his superior officer/s or Company or in performance in good faith, of the duties assigned to him, communicate directly or indirectly any official document or information to any employee/s or any other person/s to whom he is not authorized to communicate such document or information.

  1. PROHIBITION AGAINST PARTICIPATION IN POLITICS AND STANDING FOR ELECTION

 

(1) It shall be the duty of every employee to endeavour to prevent any member of his family from taking part in, subscribing in aid of or assisting in any other manner any movement which is or tends directly or indirectly to be subversive of the Company or of the Government as by law established, and where an employee is unable to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Company as the case may be.

(2) If any question arises whether any movement or activity falls within the scope of this rule the decision of the Company thereon shall be final.

(3) No employee shall take part in any election to any legislature or local authority Provided that, an employee qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted.

Explanation

The display by an employee on his personal vehicle or residence, of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule. Potential Conflict of Interest to be noted by Employee.

  1. PARTICIPATION IN DEMONSTRATION

 

No employee of the Company shall engage himself or participate in any demonstration which involves incitement to an offence nor shall he resort to or abet any form to strike.

  1. CONNECTION WITH PRESS, RADIO AND TELEVISION

 

(1) No employee shall, except with the previous sanction of the Company own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other periodical publication.

(2) No employee shall, except with the previous sanction of the Company or any other Authority empowered in this behalf, or in the bonafide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter anonymously, pseudonymously or in his own name or in the name of other person to any newspaper or periodical.

Provided that no such sanction shall be required if such broadcast or such contribution is occasional or is of a purely literary, artistic or scientific character.

  1. ACCEPTANCE OF GIFTS

 

Save as otherwise provided in these rules, no employee of the Company shall accept or permit any member of his family or any person acting on his behalf to accept any gift beyond the threshold fixed as per Gifts and Hospitality Policy of the Company.

Explanation

 

The expression ‘gift’ shall include free transport, board, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or a personal friend having no official dealings with the employee.

Note:                                                             

 

An employee of the Company shall avoid acceptance of lavish or frequent hospitality from any individual or firm having official dealings with him.

  1. SUSPENSION

 

(1) The Appropriate Authority may place an employee under suspension.

  • where a disciplinary proceeding against him is contemplated or is pending; or
  • where a case against him in respect of any criminal offence is under investigation or trial.

(2) An employee who is detained in custody including registered FIR, whether on a criminal charge or otherwise, for a period exceeding 48 hours shall be deemed to have been suspended with effect from the date of detention, by an order of the Competent Authority and shall remain under suspension until further orders.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension, is set aside on appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions the order of his 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, removal or compulsory retirement from service imposed upon an employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the competent authority, on consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the Competent Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

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

  1. SUBSISTENCE ALLOWANCE

 

An employee under suspension shall be entitled to draw Subsistence Allowance equal to 50% of the monthly CTC during first 30 days, 60% for next 30 days and 70% beyond thereon.

  1. TREATMENT OF THE PERIOD OF SUSPENSION

 

When the suspension of an employee is held to be unjustified or not wholly justified; or when an employee who has been dismissed, removed or suspended is reinstated, the Competent Authority whose decision shall be final, may grant to him for the period of his absence from duty :

  • if he is honorably acquitted, the full pay and allowance which he would have been entitled to if he had not been dismissed, removed or suspended, less the subsistence allowance;
  • if otherwise, such proportion of pay and allowances as the competent authority may prescribe.

In a case falling under clause (a), the period of absence from duty will be treated as period spent on duty. In a case falling under clause (b), the period of absence shall not be treated as period spent on duty, but the Competent Authority may, at its discretion, grant leave for the period to the extent admissible to the employee under the rules. Any period of absence which has not been treated as period spent on duty or on leave shall not count as service for any purpose under these rules but will not constitute break in service.

No order passed under this rule shall have the effect of compelling any employee to refund the subsistence allowance payable under Rule 14.

  1. PENALTIES

 

Without prejudice to the provisions of other rules, any one or more of the following penalties may for good and sufficient reason, and as hereinafter provided, be imposed by the Competent Authority on an employee who commits a breach of discipline, or who is guilty of any other act prejudicial to good conduct :

Minor Penalties

 

  1. Censure
  1. Withholding of one or more increments for a specified period.
  1. Recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to the Company by negligence or breach of orders.
  1. Reduction to a lower stage in the time-scale for a period not exceeding three years without cumulative effect.

Major penalties

 

  1. Withholding of one or more increments permanently.
  1. Withholding promotion or Reduction to a lower service or to a lower stage in a time-scale.
  1. Compulsory retirement
  1. Removal from service which shall not be a disqualification for future employment.
  1. Dismissal

Explanation

 

The following shall not amount to a penalty within the meaning of this Rule:

  • Withholding of increment of an employee on account of his work being found unsatisfactory or not being of the required standard, or for failure to pass a prescribed test or examination;
  • Stoppage of an employee at the efficiency bar in a time scale, on the ground of his unfitness to cross the bar;
  • Non-promotion, whether in an officiating capacity or otherwise, of an employee, to a higher post for which he may be eligible for consideration but for which he is found unsuitable after consideration of his case;
  • Reversion to a lower grade or post, of an employee officiating in a higher grade or post, on the ground that he is considered, after trial, to be unsuitable for such higher grade or post, or on administrative grounds un-connected with his conduct;
  • Reversion to his previous grade or post, of an employee appointed on probation to another grade or post, during or at the end of the period of probation, in accordance with the terms of his appointment;
  • Termination of service :
  • of an employee appointed on probation, during or at the end of the period of probation, in accordance with the terms of his appointment;
  • of an employee appointed in a temporary capacity other wise than under a contract or agreement, on the expiration of the period for which he was appointed, or earlier in accordance with the terms of his appointment;
  • of an employee appointed under a contract or agreement in accordance with the terms of such contract or agreement; and
  1. PROCEDURE FOR IMPOSING MAJOR PENALTIES

 

  • No order imposing any of the major penalties specified in Clauses (e), (f), (g), (h) and (i) of Rule 16 shall be made except after an inquiry is held in accordance with this rule.
  • Where it is proposed to hold an inquiry, the Competent Authority shall frame definite charges on the basis of the allegations against the employee. The charges, together with a statement of the allegations, on which they are based, a list of documents by which and a list of witnesses by whom, the articles of charges are proposed to be sustained, shall be communicated in writing to the employee, who shall be required to submit within such time as may be specified by the Competent Authority (not exceeding 15 days), a written statement whether he admits or denies any of or all the Articles of Charges.

Explanation :

 

It will not be necessary to show the documents listed with the charge sheet or any other document to the employee at this stage.

  • On receipt of the written statement of the employee or if no such statement is received within the time specified, an inquiry may be held by the Competent Authority itself or thru a Committee appointed by it.
  • Where the Competent authority itself inquires or appoints an inquiring Committee for holding an inquiry, it may, by an order appoint a “Presenting Officer” to present on its behalf the case in support of the Articles of Charge.
  • The employee may take the assistance of any other employee but may not engage a legal practitioner for the purpose.
  • On the date fixed by the inquiring Committee, the employee shall appear before the Inquiring Committee at the time, place and date specified in the notice. The Inquiring Committee shall ask the employee whether he pleads guilty or has any defence to make and if he pleads guilty to any of the Articles of Charge, the Inquiring Committee shall record the plea, sign the record and obtain the signature of the employee concerned thereon. The Inquiring Committee shall return a finding of guilt in respect of those Articles of Charge to which the employee concerned pleads guilty.
  • If the employee does not plead guilty, the Inquiring Authority shall adjourn the case to a later date not exceeding thirty days after recording an order that the employee may, for the purpose of preparing his defence:
  • inspect the documents listed with the charge-sheet;
  • submit a list of additional documents and witnesses that he wants to examine; and
  • be supplied with the copies of the statements of witnesses, if any, listed in the charge-sheet.

Note : Relevancy of the additional documents and the witnesses referred to in sub-clause 7 (ii) above will have to be given by the employee concerned and the documents and the witnesses shall be summoned if the inquiring authority is satisfied about their relevance to the charges under inquiry.

  • On the date fixed for the inquiry, the oral and documentary evidence by which the Articles of Charge are proposed to be proved shall be produced by or on behalf of the Competent Authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on a new matter, without the leave of the Inquiring Authority. The Inquiring Committee may also put such questions to the witnesses as it think fit.
  • Before the close of the prosecution case, the Inquiring Committee may, in its discretion, allow the Presenting Officer to produce evidence not included in the charge-sheet or may itself call for new evidence or recall or re-examine any witness. In such case the employee shall be given opportunity to inspect the documentary evidence before it is taken on record; or to cross-examine a witness, who has been so summoned.
  • (i) After the conclusion of the inquiry, report shall be

prepared and it shall contain :

  • a gist of the Articles of Charge and the statement of the imputations of misconduct or misbehavior;
  • a gist of the defense of the employee in respect of each Article of Charge;
  • an assessment of the evidence in respect of each Articles of Charge;
  • the findings on each Article of Charge and the reasons therefor.
  1. PROCEDURE FOR IMPOSING MINOR PENALTIES.

 

  • Where it is proposed to impose any of the minor penalties specified in clauses (a) to (d) of Rule 16, the employee concerned shall be informed in writing of the imputations of misconduct or misbehaviour against him and given an opportunity to submit his written statement of defence within a specified period not exceeding 15 days. The defence statement, if any, submitted by the employee shall be taken into consideration by the Competent Authority or a Inquiring committee appointed by Competent Authority, before passing orders.
  • The record of the proceedings shall include :
    • a copy of the statement of imputations of misconduct or misbehavior delivered to the employee;
    • his defense statement, if any; and
    • the orders of the Competent Authority together with the reasons therefor.
  1. COMMUNICATION OF ORDER

 

Orders made by the Competent Authority under Rule 17 or Rule 18 shall be communicated to the employee concerned, who shall also be supplied with a copy of the Report of Inquiry, if any.

  1. RIGHT OF APPEAL

 

Every employee shall have a right of appeal to the Competent Authority with in a period of three months from the date on which the appellant receives the copy of the order. The appeal should be made along with material statements and arguments on which the appellant relies.

All appeals should be disposed of as expeditiously as possible and in any event not later than 3 months from the date of receipt of the appeal by the appellate authority.

  1. REVIEW :

 

Notwithstanding anything contained in these Rules, the Company may, on its own motion or otherwise, after calling for the records of the case, review any order which is made or is appealable under these Rules, and

  • confirm, modify or set aside the order;
  • impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
  • remit the case to the Authority which made the order or to any other Authority directing such further action or inquiry as it considers proper in the circumstances of the case; or
  • pass such other orders as it deems fit.

Provided that an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.

 

  1. CANVASSING NON-OFFICIAL OR OUTSIDE INFLUENCE

 

No employee shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service in the Company. In case of any attempt made by Employee to influence, then suitable action may be taken by Company as it deem fit.

No Appeal, Petition shall be addressed by any employee to the members of the Company by name or to any outside Authority or an Authority not prescribed in these rules.

  1. INTERPRETATION

 

If any question arises relating to the interpretation of these rules it shall be referred to Board of the Company whose decisions thereon shall be final.

  1. AMENDMENTS

 

The Company may amend, modify or add to these rules, from time to time, and all such amendments, modifications or additions shall take effect from the date stated therein.