CHAPTER
II
PERSONNEL
POLICIES
(f) Conduct, Discipline
& Appeal Rules
4.
DPE/Guidelines/II(f)/4
Terms and Conditions of appointment of incumbent of Top
Posts.
You are probably aware that
while
specifying the terms and conditions of appointment of Chief Executives
and
full-time Functional Directors of Public Enterprises, a clause is
incorporated
that in so far as matters not specified in the terms and conditions are
concerned, the rules and regulations of the Company would apply. Thus
while
specified terms and conditions are spelt out regarding tenure of
appointment,
stage at which pay is drawn, house rent allowance, etc. the Conduct,
Discipline
and Appeal Rules applicable to the incumbents of the top posts are not
spelt
out.
2.
The question of formulating separate Conduct/ Discipline and
Appeal Rules
in respect of the Chief Executives and full-time Functional Directors
drawn
either from the public or private sectors or from the Government
services
vis-à-vis extending the provisions of the CDA Rules formulated by the
individual
enterprises in respect of their employees to these executives has been
examined
in consultation with the CVC and the DFR. It has been decided that the
administrative ministries while spelling out the terms and conditions of
the
incumbents of top posts i.e. the Chief Executives and full-time
Functional
Directors, in the letter of appointment, the following provisions will
be
incorporated:-
(i)
"That the CDA Rules framed by individual public enterprises in
respect of
their non-workmen category of staff would also mutatis mutandis apply to
the
incumbents of the top posts when the incumbent is drawn from sources
other than
the Govt. services with the modification that the Disciplinary Authority
in such
cases would be the President. In the case of the incumbent of the top
posts
drawn from Government services, the rules as framed for the government
Servants
would continue to apply to them.
(ii)
The
Government also reserves the right not to accept the resignation of a
Chief
Executive/other executives. If the circumstance, so warrant, i.e., if
disciplinary proceedings are pending or a decision has been taken by the
Competent Authority to issue a charge-sheet to him. In the case of
incumbents of
top posts who are drawn from Government Services; the instructions
issued by the
Government from time to time regarding acceptance of resignation during
the
pendancy of the departmental proceedings will apply.
(iii)
Till such
time, the concerned public sector enterprise is able to draw up its CDA
rules on
the basis of model CDA rules circulated by the Bureau, the terms and
conditions
of appointment should invariably mention that the incumbents of the top
posts
other than those drawn up from the organized services would be governed
by the
model CDA Rules, a copy of which should be appended to the terms and
conditions
of appointment of the concerned executives.
3.
I shall be grateful if you could kindly issue suitable
instructions to
the Heads of Divisions in your Ministry to keep the above points in view
while
finalising the terms and conditions of appointment of incumbent of top
posts.
(D.0
No.2(28)/75-BPE(GM-I) dated 9th December, 1982)
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