BSNL CDA RULES
LEARNING OBJECTIVES
This chapter provide with the following information:
1. The CDA Rules.
2. Schedule of Appointing, Disciplinary, Appellate and Reviewing Authorities in BSNL
For Non-Executives.
3. Schedule of Appointing, Disciplinary, Appellate and Reviewing Authorities in BSNL
For Executives.
BSNL CDA RULES: INTRODUCTION
BHARAT SANCHAR NIGAM LIMITED framed total number of 61 Rules
(Updated as on 05.11.2020) called as (BSNL) Conduct, Discipline and Appeal
Rules-2006. Rules as per following below.
Rule 1. SHORT TITLE AND COMMENCEMENT
These rules may be called the Bharat Sanchar Nigam Limited (BSNL)
Conduct, Discipline and Appeal Rules, 2006.They shall come into force with effect
from 10th October 2006.
Rule 2. APPLICATION
These Rules shall apply to all the employees of the BSNL (except those
employees who are governed by the Industrial Employment (Standing Order) Act,
1946).
Rule 3. DEFINITIONS
In these Rules, unless the context otherwise requires:
a) ‘Appellate Authority’ means, the authority specified in this behalf in the
Schedule appended to these Rules, and empowered to function as such.
a) ‘Appointing Authority’ means the authority empowered to make
appointments to the service, grade or post as the case may be to which the
employee for the time being holds.
Rule 4. GENERAL
(1) Every employee of the Company shall at all times-
a) Maintain absolute integrity;
b) Maintain devotion to duty;
c) Do nothing which is unbecoming of a Public Servant;
d) Conduct at all times in a manner conducive to the best interest of the
Company or which will enhance the reputation of the Company;
e) Do nothing to lower the image of the Company in the eyes of public;
f) Be courteous and prompt in his official dealings with the public.
(2) (a) Every employee of the Company holding a supervisory position 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.
(b) No employee shall, in the performance of his official duties, or in the exercise of
powers conferred on him, act otherwise than in his best judgment except when he is
acting under the direction of his official superior.
(c) The direction of the official superior shall ordinarily be in writing. Oral directions to
subordinates shall be avoided, as far as possible. Where the issue of oral direction
becomes unavoidable, the official superior shall confirm it in writing immediately
thereafter.
(d) An employee who has received oral direction from his official superior shall seek
confirmation of the same in writing as early as possible, whereupon it shall be the duty
of the official superior to confirm the direction in writing.
(a) No employee shall indulge in any act of sexual harassment of any woman at her work
place.
(b) Every employee holding a supervisory post shall take appropriate steps to prevent
sexual harassment to any woman at such work place.
Rule 5. MISCONDUCT
Without prejudice to the generality of the term ‘misconduct’ the following acts of
omission and commission shall be treated as misconduct:
(1) Theft, fraud or dishonesty in connection with the business or property of the
Company, or of property of another person within the premises of the Company.
(2) Taking or giving bribes or any illegal gratification or indulging in corrupt practices.
(3) Possession of pecuniary resources or property disproportionate to the known
sources of income by the employee or on his behalf by another person, which the
employee cannot satisfactorily account for.
(4) 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.
(5) Willful insubordination or disobedience, whether or not in combination with
others, of any lawful and reasonable order of his superior.
(6) Absence without leave or over-staying the sanctioned leave without sufficient
grounds or proper or satisfactory explanation.
(7) Habitual late or irregular attendance.
(8) Neglect of work or negligence in the performance of duty including
malingering or slowing down of work.
(9) Sabotage or damage to any property of the Company
(10) Acting in a manner prejudicial to the interests of the Company
(11) Interference or tampering with any safety devices installed in or about the
premises of the Company or violating the safety or environmental regulations in
or about the premises of the Company.
(12) Drunkenness or riotous or disorderly or indecent behavior in the premises of the
Company or outside such premises where such behavior is related to or
connected with the employment.
(13) Gambling within the premises of the Company.
Smoking within the premises of the Company where it is prohibited.
(14) Collection without the permission of the Competent Authority of any money
within the premises of the company except as sanctioned by any law of the land
for the time being in force or rules of the Company.
(16) Sleeping while on duty.
(17) Commission of any act, which amounts to a criminal offence involving moral
turpitude.
(18) Absence from the employee’s appointed place of work without permission or
sufficient cause.
(19) Purchasing properties, machinery, stores, etc., from/or selling properties,
machinery, stores, etc. to the Company without express permission in writing from the
Competent Authority.
(20) Commission of any acts subversive of discipline or of good behaviour.
(21) Subletting or unauthorized use of Company’s premises, equipment, tools or any
other property of the company.
(22) Misuse of any amenity provided by the company.
(23) Participation and/or inciting others to participate in strikes, gherao, go-slow and
similar other agitational activities, or abetting, inciting, instigating or acting in
furtherance thereof.
(24) An act of sexual harassment of any woman at her work place.
(25) An act to lower the image of the Company in the eyes of the public.
(26) Tempering with or willfully damaging or falsification of Company’s records,
impersonation or forgery.
(27) Making representations in order to bring any political or any outside influence to
bear upon any superior authority to further employee’s interest in respect of matters
pertaining to employment, postings or transfers.
(28) Making representation or sending grievance petitions to the Members of the Board
of Directors or the Senior Officers except through proper channels. (This does not
prevent submission of appeals to the prescribed Appellate Authorities under these
rules).
(29) Attending or holding meeting other than in the course of duty within the Company’s
premises without prior written permission of the Competent Authority.
(30) Distribution or exhibition of any newspapers, handbills, pamphlets, etc.
(31) Deliberately making any false statement before a superior knowing it to be false.
(32) Proxy registering of attendance or abetting in the act of registering attendance of
another employee.
(33) Spreading or encouraging casteism, regionalism or communalism.
(34) Abetment of or attempt at abetment of, any act which amounts to misconduct.
(35) Spreading false rumors or spreading false information.
(36) Carrying on money lending or any other private business without the written
permission of the Company.
(37) Habitual indebtedness or insolvency.
(38) Interference or riotous, disorderly, or indecent behaviour in the premises of the
company.
(39) Writing of anonymous or pseudonymous letters or associating oneself in writing
such letters in respect of Company affairs.
(40) Misuse of any advance or non-compliance with the provisions of terms and
conditions governing grant of such advance as specified in the respective rules relating
to the advance(s).
(41) Misuse of official position by the employee in renting out their own premises to the
Company.
(42) Obtaining donations/ advertisements/ sponsorship etc. by the associations/ NGOs
formed by either employees or their spouse/ family members etc. from the contractors,
vendors, customers or other persons having commercial relationship/ official dealings
with the Company (BSNL).
Rule 6. EMPLOYMENT OF NEAR RELATIVES OF THE EMPLOYEES OF
THE COMPANY IN ANY COMPANY OR FIRM HAVING BUSINESS RELATIONSHIP WITH
THE COMPANY.
1. No employee shall use his position or influence directly or indirectly to secure
employment for any person related, whether by blood or marriage to the employee or to
the employee’s wife or husband, whether such a person is dependent on the employee
or not.
2. No employee shall, except with the previous sanction of the competent
authority, permit his son, daughter or any other member of the family to accept
employment with any Company or firm with which he or she has official dealings or with
any other Company or firm having official dealings with the Company.
Rule 7. JOINING OF UNLAWFUL ASSOCIATION BY EMPLOYEES
No employee shall join, or continue to be a member of an association the objects
or activities of which are prejudicial to the interest of the Company or of the sovereignty
and integrity of India, or Public Order or morality.
Rule 8. DEMONSTRATIONS AND STRIKES
No employee shall-
(1) engage himself or participate in any demonstration which is prejudicial to the
interest of the sovereignty and integrity of India, the security of the state, friendly
relations with foreign states, public order, decency or morality, or which involves
contempt of court, defamation or incitement to an offence, or
(2) resort to or in any way abets any form of strike or coercion or physical duress
in connection with any matter pertaining to his service or the service of any other
employee of the Company.
Rule 9. CONNECTION WITH PRESS OR RADIO OR TELEVISION OR OTHER MEDIA
(1) No employee shall, except with the previous sanction of the competent
Authority, own wholly or in part, or conduct or participate in the editing or management
of any newspaper or other periodical publication or electronic media. If he accepts an
advisory post without any remuneration, he shall intimate the fact with details of the
periodical etc. to the Company which in its judgment may require the employee to
disassociate himself from the newspaper, or periodical, if it considers such an association
to be prejudicial to the Company/Government interest.
(2) No employee shall, except with the previous sanction of the competent
authority or in the bona fide discharge of his duties, publishes a book, participate in a
radio/television broadcast or contribute any article or write any letter either in his own
name or anonymously, pseudonymously or in the name of any other person to any
newspaper or periodical or other vehicles of publicity, whatsoever:
Rule 10. TAKING PART IN POLITICAL ACTIVITIES
(1) No employee shall be a member of, or be otherwise associated with, any
political party or an organization, which takes part in politics, nor shall he take part in,
subscribe in aid of, or assist in any other manner, any political movement or activity.
(2) No employee shall canvas or otherwise interfere with, or use his influence in
connection with or take part in an election to any Legislature or Local Authority.
(3) If any question arises whether a party is a political party or whether any
organization takes part in politics or whether any movement or activity of the
organization is subversive of the Government/Company by law established, the decision
of the Government/Company thereon shall be final.
Rule 11. CRITICISM OF GOVERNMENT AND/OR OF THE COMPANY
No employee shall, in any radio broadcast or telecast through any electronic media
or in any document published under his name or anonymously, pseudonymously or in
the name of any other person or under any pen name or pseudonym, or in any
communication to the press or in any public utterances, make any statement—
(1) Which has the effect of adverse criticism of any policy or action of the Central
or State Government or of the Company; or
(2) which is capable of embarrassing the relations between the Company and the
public:
Rule 12. EVIDENCE BEFORE COMMITTEE OR ANY OTHER AUTHORITY
Save as provided in sub-rule (3), no employee shall, except with the previous
sanction of the competent authority, give evidence in connection with any enquiry
conducted by any person, committee or authority.
Where any sanction has been accorded under sub-rule (1), no employee giving
such evidence shall criticize the policy or any action of the Central Government or of
State Governments or of the company.
Rule 13. UNAUTHORIZED COMMUNICATION OF INFORMATION
No employee shall, except in accordance with any general or special order of
the Company or in the performance in good faith of the duties assigned to him,
communicate, directly or indirectly, any official document or any part thereof or
information to any employee or any other person to whom he is not authorized to
communicate such document or information.
Rule 14. INVENTIONS
An employee who, while in the service of the Company makes any discovery,
invention or modification to any process or method or equipment resulting in
improvement of the Company’s services, operations and products, shall forthwith
communicate the fact to the Company.
Rule 15. GIFTS
(1) Save as otherwise provided in these rules, no employee shall accept or permit
any member of his family or any other person acting on his behalf, to accept any gift.
(On occasions such as weddings, anniversaries, funerals or religious functions, when the
making of gifts is in conformity with the prevailing religious or social practice, an
employee may accept gifts from his near relatives or from his personal friends having no
official dealings with him, but he shall make a report to the competent authority if the
value of any gift exceeds:
(i) Rs.2, 000/- in case of Group ‘D’ and Group ‘C’ category. (Non- Executives)
(ii) Rs.5, 000/- in case of Group ‘B’ and above up to JAG category.
(iii) Rs.8, 000/- in case of SAG and HAG category.
(iv) Rs.10, 000/- in case of CMD and Board Directors (Full Time).
Rule 16. DOWRY
No employee shall –
(i )Give or take or abet the giving or taking of dowry; or,
(ii)demand directly or indirectly from the parents or guardian of a bride or bridegroom,
as the case may be, any dowry.
Rule 17. PRIVATE TRADE OR EMPLOYMENT
(1) Subject to the provisions of sub-rule (2), no employee shall, except with the previous
sanction of the Competent Authority-
(a) engage directly or indirectly in any trade or business; or
(b) negotiate for, or undertake, any other employment, or
(c) hold an elective office, or canvass for a candidate or candidates for an elective
office, in any body, whether incorporated or not, or
(d) canvass in support of any business of insurance agency, commission agency,
etc., owned or managed by any member of his family.
Rule17-A. SUBLETTING AND VACATION OF COMPANY ACCOMMODATION
(1) Save as otherwise provided in any other law for the time being in force, no
employee shall sublet, lease or otherwise allow occupation by any other person of
company accommodation which has been allotted to him.
(2) The employee shall, after the cancellation of his allotment of company
accommodation vacates the same within time limit prescribed by the allotting
authority.
Rule18. APPROACHING FOREIGN GOVERNMENT FOR FINANCIAL ASSISTANCE
No employee shall approach directly or indirectly a foreign Government or a
foreign organization for financial assistance for visiting a foreign country or attending a
course abroad without the prior permission of the Company.
Rule 19. INVESTMENT, LENDING AND BORROWING
No employee shall, save in the ordinary course of business with a Bank, Unit
Trust of India, the Life Insurance Corporation, Housing Urban Development Corporation,
City Industrial Development Corporation, Housing Development Finance Corporation or
a firm etc. of standing, borrow money from or lend money to or otherwise place himself
under pecuniary obligation to any person with whom he has or is likely to have official
dealings or permit any such borrowing, lending or pecuniary obligation in his name or
for his benefit or for the benefit of any member of his family.
Rule 20. INSOLVENCY AND HABITUAL INDEBTEDNESS
(1) An employee shall avoid habitual indebtedness unless he proves that such
indebtedness or insolvency is the result of circumstances beyond his control and does not
proceed from extravagance or dissipation.
(2) An employee who applies to be, or is adjudged or declared, insolvent shall
forthwith report the fact to his competent authority.
Rule 21. MOVABLE, IMMOVABLE AND VALUABLE PROPERTY
(1) No employee shall, except with the previous knowledge of the competent
authority, acquire or dispose of any immovable property by lease, mortgage, purchase,
sale, gift or otherwise, either in his own name or in the name of any member of his
family.
(2) No employee shall, except with the previous sanction of the competent
authority, enter into any transaction concerning any immovable or movable property
with a person or firm having official dealings with the employee or his subordinate.
(3) Every employee shall report within a month to the competent authority every
transaction concerning movable property owned or held by him in his own name or in the
name of a member of his family, if the value of such property exceeds:
(i) Rs.100000/- in case of employees in the Non-Executive category.
(ii) Rs.200000/- in case of employees in the Executive category.
Rule 21-A. RESTRICTION IN RELATION TO ACQUISITION AND DISPOSAL OF IMMOVABLE
PROPERTY OUTSIDE INDIA AND TRANSACTIONS WITH FOREIGNERS ETC.
Notwithstanding anything contained in sub-rule (1) of Rule 21, no employee
shall, except with the previous sanction of the competent authority: -
(a) acquire or dispose of any immovable property situated outside India by lease,
mortgage, purchase, sale, gift or otherwise, either in his own name or in the name of any
member of his family,
(b) enter into any transaction with any foreigner, foreign government, foreign
organization or concern mission including international organizations, the acquisition or
disposal of any immovable property by lease, mortgage, purchase, sale, gift or otherwise
either in his own name or in the name of any member of his family.
Explanation: In this rule the competent authority has the same meaning as in Rule 21.
Rule 21-B DEALING IN COMPANY’S SHARES (IPO/FPO).
Notwithstanding anything contained in Rule 21,
(a) A full-time Director or any executive/ employee involved in the decision
making process of fixation of price of an IPO/FPO of shares of a Company shall not apply
either himself/herself or through any member of his/her family or through any other
person acting on his/her behalf for allotment of shares (which includes all types of equity
related instruments) in an IPO(Initial Public Offer)/FPO(Follow on Public Offer) of
Company, even out of the category of preferential quota reserved for employees/
Directors of the Company.
(b) All employees of the Company would be required to disclose to the company
all transactions of purchase/sale in shares worth Rs. 20,000/- or more in value or existing
holding/interest in the shares worth Rs. 20,000/- or more in his/her own company either
in his/her own name or in the name of any family member to report to the Competent
Authority* indicating quantity, price, date of transaction and nature of interest within 4
working days.
Rule 22. CANVASSING OF NON-OFFICIAL OR OTHER OUTSIDE INFLUENCE
No employee shall bring or attempt to bring any political or other outside
influence to bear upon any superior authority to further his interests in respects of
matters pertaining to his service in the Company.
Rule 23. RESTRICTION REGARDING MARRIAGE
(1) No employee shall enter into or contract marriage with a person having a
spouse living;
(2) No employee having a spouse living shall enter into or contract a marriage
with any person,
Rule 24. CONSUMPTION OF INTOXICATING DRINKS AND DRUGS
An employee of the Company shall: -
(a) strictly abide by any law relating to intoxicating drinks or drugs in force
in any area in which he may happen to be for the time being,
(b) not be under the influence of any intoxicating drink or drug during the course
of his duty and shall also take due care that the performance of his duties at any time is
not affected in any way by the influence of such drink or drug.
Rule 25. VINDICATION OF OFFICIAL ACTS AND CHARACTER OF EMPLOYEE
(1) No employee shall, except with the previous sanction of the competent
authority, have recourse to any court or to the press for the vindication of any official
act which has been the subject matter of adverse criticism or any attack of defamatory
character:
(2) Nothing in this rule shall be deemed to prohibit an employee from vindicating
his private character or any act done by him in his private/personal capacity and where
any action for vindicating his private character or any act done by him in private capacity
is taken, the employee shall submit a report to the appointing authority regarding such
action.
Rule 26. CLASSIFICATION OF SERVICES
The services of the employees of the Company are classified as follows: -
(i) Executive
(ii) Non-executive.
Rule 27. CONSTITUTION OF SERVICES
The services of employees in the Company shall consist of Executive and Non-
Executive and various grades in these services are specified in the schedule
Rule 28. CLASSIFICATION OF POSTS
The posts in Company are classified in Executive and Non-Executive categories.
The details are given in the schedule
Rule 29. APPOINTING AUTHORITY
The appointing authority for various grades in Executive and Non- Executive
categories is specified in the schedule.
Rule 30. SUSPENSION
(1) The appointing authority or any authority to which it is subordinate or the
disciplinary authority or any other authority empowered in that behalf by the
Management by general or special order, may place an employee under suspension-
(a) where a disciplinary proceeding against him is contemplated or pending, or
(b) where, in the opinion of the authority aforesaid he has engaged himself in
activities prejudicial to the interest of the Company, or
(c) where a case against him in respect of any criminal offence is under
investigation or trial.
Rule 31. SUBSISTENCE ALLOWANCE
(1) Subject to provisions of sub-rule (3) an employee under suspension shall be
entitled to draw subsistence allowance equal to fifty percent of his basic pay provided
the competent authority is satisfied that the employee is not engaged any other
employment or business or profession or vocation. In addition, he shall be entitled to
Dearness Allowance admissible on such subsistence allowance and any other
compensatory allowance, which he was in receipt on the date of suspension provided the
competent authority is satisfied that the employee continues to meet the expenditure
for which the allowance was granted.
(1) Where the period of suspension exceeds six months, the authority, which
made or is deemed to have made the order of suspension shall be competent to
vary the amount of subsistence allowance for any period subsequent to the
period of the first six months as follows:
(i) The amount of subsistence allowance may be increased to 75% of basic pay
and allowance thereon if in the opinion of the said authority, the period of suspension
has been prolonged for reasons to be recorded in writing not directly attributable to the
employee under suspension.
(ii) The amount of subsistence allowance may be reduced to 25 % of basic pay
and allowances thereon if in the opinion of the said authority the period of suspension
has been prolonged due to the reasons to be recorded in writing directly attributable to
the employee under suspension.
(iii) If an employee is arrested by the police on a criminal charge and bail is not
granted, no subsistence allowance is payable. On grant of bail, if the competent
authority decides to continue the suspension, the employee shall be entitled to
subsistence allowance from, the date he is granted bail.
(3) The subsistence allowance shall be paid only when the employee furnishes a
certificate that he is not engaged in any other employment, business or profession or
vocation and the competent authority is satisfied with the certificate.
Rule 32. TREATMENT OF THE PERIOD OF SUSPENSION
(1) When the employee under suspension is reinstated, the competent authority
may grant him the following pay and allowance for the period of suspension;
(a) If the employee is exonerated and not awarded any of the penalties
mentioned in Rule 33, the full pay and allowances which he would have been entitled to
if he had not been suspended, less the subsistence allowance already paid to him; and,
(b) If otherwise, such proportion of pay and allowances as the competent
authority may prescribe.
(2) In a case falling under sub-clause (a), the period of absence from duty will be
treated as a period spent on duty. In case falling under sub-clause (b) it will not be
treated as a period spent on duty unless the competent authority so directs.
Rule 33. PENALTIES
The following penalties may be imposed, on an employee, as hereinafter
provided, for misconduct committed by him or for any good and sufficient reasons:
(A) Minor Penalties
(a) Censure,
(b) Withholding of promotion,
(c) Withholding of increments of pay with or without cumulative effect,
(d) Recovery from pay of the whole or part of any pecuniary loss caused by him
to the company by negligence or breach of orders,
(e) Reduction to a lower stage in the time scale of pay by one stage for a period
not exceeding three years, without cumulative effect and not adversely affecting his
pension / terminal benefits.
(B) Major Penalties
(f) Save as provided for in clause (e) above, reduction to a lower stage in the time
scale of pay for a specified period, with further directions as to whether or not the
employee will earn increments of pay during the period of such reduction and whether
on expiry of such period, the reduction will or will not have the effect of postponing the
future increments of his pay,
(g) Reduction to a lower time scale of pay, grade, post or service which shall
ordinarily be a bar to the promotion of the employee to the time scale of pay, grade,
post or service from which he was reduced, with or without further directions regarding
conditions of restoration to the grade or post from which the employee was reduced
and his seniority and pay on such restoration to that grade or post.
(h) Compulsory retirement,
(i) Removal from service which shall not be a disqualification for future
employment under Govt./or the Corporation / Company owns or controlled by the Govt.
(j) Dismissal from service which shall ordinarily be a disqualification for future
employment under the Govt. or the Corporation/ Company owned or controlled by the
Government.
Provided that, in every case in which the charge of possession of assets
disproportionate to known sources of income or the charge of acceptance from any
person of any gratification, other than legal remuneration, as a motive or reward for
doing or forbearing to do any official act is established, the penalty mentioned in clause
(i) or clause (j) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in
writing, any other penalty may be imposed.
Rule 34. DISCIPLINARY AUTHORITY
(1) The Disciplinary Authority, as specified in the schedule or any authority higher
than it may impose any of the penalties specified in Rule 33 on any employee.
(2) The Disciplinary authority competent to impose any of the penalties specified in
Rule 33 can institute disciplinary proceedings against the employee. Any authority higher
than the Disciplinary Authority can direct the Disciplinary Authority to institute
disciplinary proceedings against any employee.
(3) The Disciplinary Authority competent to impose penalties specifies in clause
(a) to (e) of Rule 33 can institute disciplinary proceedings against any employee for the
imposition of any of the penalties in clause (f) to (j) of Rule 33, Notwithstanding that
such disciplinary authority is not competent under these rules to impose any of the later
penalties. However, the competent Disciplinary Authority as per the schedule shall issue
the final orders imposing Major Penalty
Rule 35. PROCEDURE FOR IMPOSING MINOR PENALTIES
Subject to the provisions of sub-rule 4 of Rule 37, Where it is proposed to
impose any of the minor penalties specified in Clause (a) to (d) of Rule 33, the employee
concerned shall be informed in writing of the imputation of the misconduct or
misbehavior against him and shall be 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
disciplinary authority before passing orders.
Whenever the disciplinary authority is of the opinion that there are grounds for
inquiring into the truth of any imputation of misconduct or misbehavior against an
employee, he should hold an inquiry in the manner laid down in sub rule (2) to (22) of
Rule 36.
Rule 36. PROCEDURE FOR IMPOSING MAJOR PENALTIES
(1) No order for imposing any of the penalties specified in clause (e) (minor
penalty) and (f) to (j) of Rule 33 shall be made except after an inquiry is held in
accordance with this rule.
(2) Whenever the disciplinary authority is of the opinion that there are grounds
for inquiring into the truth of any imputation of misconduct or misbehavior against an
employee, it may itself inquire into, or appoint any public servant, or appoint any retired
employee of DOT/BSNL (herein after called the Inquiring Authority) in consultation with
the Chief Vigilance Officer to inquire into the truth thereof.
(3) Where it is proposed to hold an inquiry, the disciplinary authority shall draw
up or cause to be drawn up.
Rule 37. ACTION ON THE INQUIRY REPORT
(1) The Disciplinary Authority, if it is not itself the Inquiring Authority may, for
reasons to be recorded by it in writing remit the case to the Inquiring Authority for fresh or
further inquiry and report and the Inquiring Authority shall there upon proceed to hold
the further inquiry according to the provisions of Rule 36, as far as may be.
(2) The Disciplinary Authority shall forward or cause to be forwarded a copy of
the report of the inquiry, if any, held by the Disciplinary Authority or where the
Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring
Authority together with its own tentative reasons for disagreement, if any, with the
finding of the Inquiring Authority on any articles of charge to the employee who shall be
required to submit, if he so desires, his written representation or submission to the
Disciplinary Authority within 15 days, irrespective of whether the report is favourable or
not to the employee.
Rule 38. COMMUNICATION OF ORDERS
Orders made by the Disciplinary Authority under Rule 35 or Rule 37 shall be
communicated to the employee concerned, who shall also be supplied with a copy of
the report of inquiry, if any.
Rule 39. COMMON PROCEEDINGS
Where two or more employees are concerned in a case, the authority competent
to impose a major penalty on all such employees may make an order directing that
disciplinary proceedings against all of them may be taken in a common proceedings and
the competent authority shall also specify the authority, which may function as the
Disciplinary Authority for the purpose of such common proceedings, the penalties
specified in Rule 33 in which such Disciplinary Authority shall be competent to impose
and whether the procedure laid in Rule 35 or 36 and 37 shall be followed in the
proceedings.
Rule 40. SPECIAL PROCEDURE IN CERTAIN CASES
Notwithstanding anything contained in Rule 35 or 36 or 37, the Disciplinary
Authority may impose any of the penalties specified in Rule 33 in any of the following
circumstances:
(a) the employee has been convicted on a criminal charge or on the strength of
facts or conclusions arrived by a judicial trial; or
(b) where the Disciplinary Authority is satisfied for reasons to be recorded by it in
writing that it is not reasonably practicable to hold an inquiry in the manner provided in
these rules; or
(c) where the disciplinary authority is satisfied that in the interest of the security
of State or of the Company it is not expedient to hold an inquiry in the manner provided
in these Rules.
Rule 41. PROCEDURE CONCERNING OFFICERS ON DEPUTATION FROM CENTRAL
GOVERNMENT OR THE STATE GOVERNMENT OR ANOTHER PUBLIC UNDERTAKING OR
A LOCAL AUTHORITY
(1) where the services of a Government servant are lent to BSNL or services of an
employee of a public undertaking are lent to BSNL (herein after in this rule referred as
“the borrowing authority”), the borrowing authority shall have the powers of the
Appointing Authority for the purpose of placing such Government servant or public
undertaking employee under suspension and of the Disciplinary Authority for the
purpose of conducting disciplinary proceeding against him.
(2) where an order of suspension is made or disciplinary proceedings are taken
against an employee who is on deputation to the Company from the Central or State
Government or another Public undertaking or a local authority, the authority lending his
services (hereinafter referred to as the “Lending Authority”) shall forthwith be informed
by the borrowing authority of the circumstances leading to the order of his suspension or
the commencement of the disciplinary proceedings, as the case may be.
Rule 42. PROVISION REGARDING EMPLOYEES LENT TO
GOVERNMENT/SUBSIDIARYCOMPANY OR OTHER PUBLIC UNDERTAKINGS, ETC.
Where the services of an employee are lent to the Government or any authority
subordinate, or to a Subsidiary Company or to any other public sector undertaking
( hereinafter referred to as the “borrowing authority”) the borrowing authority
shall have the powers of the appointing authority for the purpose of placing such an
employee under suspension and of the disciplinary authority for the purpose of
conducting disciplinary proceedings against him, provided that the borrowing authority
shall forth with inform BSNL ( hereinafter referred to as the lending authority ) of the
circumstances leading to the order of suspension of an employee or the commencement
of the disciplinary proceedings as the case may be.
Rule 43. SPECIAL PROVISIONS IN RESPECT OF D.O.T. STAFF ON PERMANENT
ABSORPTION IN BSNL – CONFERRING SAFEGUARDS RELATING TO SECURITY OF
SERVICE ON DISMISSAL/REMOVAL.
The D.O.T. employees on absorption in BSNL shall be governed by these rules
from the date of their absorption in the company/date of issue of these rules. However,
dismissal/removal from the service of BSNL after absorption, for any subsequent
misconduct shall not amount to forfeiture of his retirement benefits for the service
rendered in the Central Govt. Also, in the event of dismissal/removal of such an
employee from BSNL (i.e., D.O.T. staff permanently absorbed in BSNL), the employee
concerned will be allowed protection to the extent that D.O.T. will review such order
before final decision is taken by BSNL.
Rule 44. ORDERS AGAINST WHICH NO APPEAL LIES.
Notwithstanding anything contained in Rule 45, no appeal shall lie against –
(i) Any order of Inquiring Board in the course of an inquiry under these Rules;
(ii) Any order of an interlocutory nature or of the nature of a step-in-aid of the
final disposal of disciplinary proceedings, other than the order of suspension;
(iii) Any order passed by an Inquiring Authority in the course of an inquiry under
Rule 36.
Rule 45. ORDERS AGAINST WHICH APPEAL LIES
Subject to the provision of Rule 44, an employee may prefer an appeal against all
or any of the following orders, namely –
(1) an order of suspension made or deemed to have been made under Rule 30;
(2) an order imposing any of the penalties specified in Rule 33, whether made by
the Disciplinary Authority or by any Appellate or Reviewing Authority;
(3) an order enhancing any penalty, imposed under Rule 33;
(4) an order which –
(a) denies or varies to his disadvantage his pay, allowances, pension or other
conditions of service as regulated by rules or by agreement; or
(b) interprets to his disadvantage the provisions of any such rule or agreement;
(5) an order –
(a) stopping him at the Efficiency Bar in the time-scale of pay on the ground of his
unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post, to a lower
service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension
admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to him for the
period of suspension or for the period during which he is deemed to be under
suspension or for any portion thereof;
(e ) determining his pay and allowance-
(i) for the period of suspension, or,
(ii) for the period from the date of his dismissal, removal or compulsory
retirement from service, or from the date of his reduction of a lower
service, grade, post, time-scale of pay, to the date of his reinstatement or
restoration to his service, grade, or post, or
(a) determining whether or not the period from the date of his suspension or
from the date of his dismissal, removal, compulsory retirement or
reduction to a lower service, grade, post, time- scale or pay or stage in a
time-scale of pay to the date of his reinstatement or restoration to his
service, grade or post shall be treated as a period spent on duty for any
purpose.
Rule 46. APPELLATE AUTHORITY
An employee, including a person who has ceased to be in Company’s service,
may prefer an appeal against all or any of the orders specified in Rule 45 to the authority
specified in this behalf in the Schedule.
Rule 47. PERIOD OF LIMITATION OF APPEAL
No appeal preferred under this part shall be entertained unless such appeal is
preferred within a period of 30 days from the date on which a copy of the order
appealed against is delivered to the appellant:
Provided that the Appellate Authority may entertain the appeal after the expiry
of the said period, if it is satisfied that the appellant had sufficient cause for not preferring
the appeal in time.
Rule 48. FORM AND CONTENTS OF APPEAL
(1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall be presented to the authority to which the appeal lies, a copy
being forwarded by the appellant to the authority that made the order appealed against.
It shall contain all material statements and arguments on which the appellant relies,
shall not contain any disrespectful or improper language, and shall be complete in itself.
Rule 49. WITHOLDING OF APPEAL:
(1) The authority which made the order appealed against may withhold the appeal
if:
a) it is an appeal against an order for which no appeal lies or:
b) it does not comply with any of the provisions of Rule 48
c) it is not submitted within the period specified in Rule 47 and no reasonable
cause is shown for the delay: or
d) it is a repetition of an appeal already decided and no new facts or
circumstances are adduced:
(2) Where an appeal is withheld, the appellant shall be informed of the facts and
reasons thereof..
Rule 50. TRANSMISSION OF APPEAL:
1) The Authority which made the order appealed against shall, without any
avoidable delay transmit to the Appellate Authority every appeal, which is not
withheld under Rule 49 together with its comments thereon and the relevant
records.
2) The authority to which the appeal lies may direct transmission to it of any appeal
withheld under Rule 49 and thereupon such appeal shall be transmitted to that
Authority together with the comments of the authority withholding the appeal
and the relevant records.
Rule 51. CONSIDERATION OF APPEAL
b) In the case of an appeal against an order of suspension, the Appellate
Authority shall consider whether in the light of the provisions of Rule 30 and
having regard to the circumstances of the case, the order of suspension is
justified or not and confirm or revoke the order accordingly.
c) In the case of an appeal against an order imposing any of the penalties
specified in Rule 33 or enhancing any penalty imposed under the said rules,
Rule 52. IMPLEMENTATION OF ORDERS IN APPEAL
The authority, which made the order appealed against, shall give effect to orders
passed by the Appellate Authority.
Rule 53. POWER TO RELAX TIME-LIMIT AND TO CONDONE DELAY
Save as otherwise expressly provided in these Rules, the authority competent
under these rules to make any order may, for good and sufficient reasons, or if sufficient
cause is shown, extend the time specified in these Rules for anything required to be
done under these Rules or condone any delay.
Rule 54. REVIEW
(1) Notwithstanding anything contained in these rules, the reviewing authority as
specified in the schedule, may at any time, either on his or its own motion or otherwise
call for the records of any inquiry and review any order made under these rules or under
the rules repealed by Rule 58 from which an appeal is allowed, but from which no
appeal has been preferred or from which no appeal is allowed and 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 circumstances of the case; or
(d) pass such other orders as it may deem fit.
Rule 55. RETIREMENT
(i) On Medical grounds:
An employee may, at the discretion of the competent authority, be examined by
the Medical Officer / Officers as may be approved by the Company, at any time during the
course of his employment with the Company to find the employee’s fitness or otherwise
for continuance of his employment in the company. If the employee is found unfit for
continued employment by the competent authority, he shall be compulsorily retired on
medical grounds.
(ii) On attaining the age of superannuation:
Rule 55 (A).
(1) Notwithstanding anything contained in these rules, the Company shall, if it is
of the opinion that it is in the Company`s interest to do so, have the absolute right to
retire any employee by giving him notice of not less than three months in writing or
three months` pay and allowances in lieu of such notice:
(i) If he is, an Executive and had entered service before attaining the age of 35
years, after he has attained the age of 50 years;
(ii) in any other case after he has attained the age of 55 years.
(2) Notwithstanding anything contained in clause (1), the Company shall, if it is of
the opinion that it is in the Company`s interest to do so, have the absolute right to retire
any employee, after he has completed thirty years` service by giving him notice of not
less than three months in writing or three months` pay and allowances in lieu of such
notice.
Rule 56. TERMINATION
(i) Temporary employees:
All temporary appointments in the Company are terminable at any time by giving
one months’ notice by either side viz. either by the employee or by the appointing
authority without assigning any reasons. The Appointing authority however reserves the
right of terminating the service of an employee without notice or before the expiry of
the stipulated period of notice by making payment to him/her of a sum equivalent to the
pay and allowances for the period of notice or the unexpired portion thereof.
(ii) Employees on probation:
During the period of probation services of an employee are liable to be
terminated at any time without assigning any reason whatsoever.
(iii) Permanent employees:
(a) If a permanent employee is found guilty of misconduct or is found to be
inefficient, his services are terminable only in accordance with the Conduct, Discipline
and Appeal Rules of Bharat Sanchar Nigam Limited.
(b)The services of an employee are terminable in accordance with the terms of
appointment or on disciplinary grounds after following the proper procedure.
Rule 57. SERVICE OF ORDERS, NOTICE, ETC.
Every order, notice and other process made or issued under these rules shall be
served in person on the employee concerned or communicated to him by registered
post at his last known address.
Rule 58. REPEAL AND SAVINGS
(i) Any rules corresponding to these rules in force immediately before the
commencement of these rules and applicable to the employees to whom these rules
apply, are hereby repealed, provided that any order made or action taken under the rules
so repealed shall be deemed to have been made or taken under the corresponding
provisions of these rules, provided further that such repeal shall not affect the previous
operation of the rules so repealed and contravention of any of the said rules shall be
punishable as if it were a contravention of these rules.
(ii) An appeal pending at the commencement of these rules against an order made
before the commencement of these Rules shall be considered and orders thereon shall
be made in accordance with these Rules.
(iii) The proceedings pending at the commencement of the Rules shall be
continued and disposed, as far as may be, in accordance with the provisions of these
Rules, as if such proceedings were proceedings under these Rules.
(iv) Any misconduct, committed prior to the issue of these Rules, which was
misconduct under the superseded Rules, shall be deemed to be misconduct under these
rules.
Rule 59. INTERPRETATION
In case of any doubt in application of BSNL CDA Rules 2006, the relevant G.O.I.
Decisions / Instructions in Model CDA guidelines issued by the DPE, Fundamental Rules /
Supplementary Rules, Central Civil Service (Conduct) Rules 1964, and Central Civil
Services (Classified, Control and Appeal) Rules, 1965 as amended/modified from time to
time shall be referred to, so long as these are not in contradiction with BSNL CDA Rules
2006 as amended time to time. If any question arises relating to the Interpretation of
BSNL CDA rules, it shall be referred to the BSNL Board whose decision thereon shall be
final.
Rule 60. AMENDEMENTS
The Board may amend, modify, alter, relax or add to these Rules, from time to
time and all such amendments, modifications, alterations or additions shall take effect
from the date stated therein.
Rule 61. DISCIPLINARY PROVISIONS FOR RETIRING EMPLOYEES
(1) The employee against whom disciplinary proceedings have been initiated will
cease to be in service on the date of superannuation but the disciplinary proceedings
will continue as if he was in service until the proceedings are concluded and final order is
passed in respect thereof. The concerned employee will not receive any pay and/or
allowance after the date of superannuation. He will also not be entitled for the
payments of retirement benefits till the proceedings are completed and final order is
passed thereon except his own contribution to Provident Fund and he will be entitled for
the provisional pension as per applicable rule.
(2) Disciplinary proceedings, if instituted while the employee was in service
whether before his retirement or during the re-employment, shall after the retirement
of the employee, be deemed to be proceeding under these Rules and shall be continued
and concluded by the authority by which it was commenced in the same manner as if the
employee had continued in service.
SCHEDULE OF APPOINTING, DISCIPLINARY, APPELATE AND REVIEWING
AUTHORITIES IN BSNL FOR NON-EXECUTIVES
(FOR ABSORBED GROUP ’C’& ’D’& EQUIVALENT DIRECTLY RECRUITED NON-
EXECUTIVES)
Equivalent to Cadre in Scale of Pay Scale In CDA Corresponding IDA Pay scale
CDA/Categories of Non-
Executives*
NE-1 2550-55-2660-60-3200 4000-120-5800
NE-2 2610-60-3150-65-3540 4060-125-5935
NE-3 2650-65-3300-70-4000 4100-125-5975
NE-4 2750-70-3800-75-4400 4250-130-6200
NE-5 3050-75-3950-80-4590 4550-140-6650
NE-6 3200-85-4900 4720-150-6970
NE-7 4000-100-6000 5700-160-8100
NE-8 4500-125-7000 6550-185-9325
NE-9 5000-150-8000 7100-200-10100
NE-10 5500-175-9000 7800-225-11175
NE-11 6500-200-10500 8570-245-12245
Note: These Authorities will come in to force with effect from date of
absorption/appointment of the employee in the company. SCHEDULE OF APPOINTING,
DISCIPLINARY, APPELATE AND REVIEWING AUTHORITIES IN BSNL FOR EXECUTIVES (FOR
ABSORBED GROUP ’B’ OFFICERS & EQUIVALENT DIRECTLY RECRUITED EXECUTIVES)
FOR MINOR PENALTY
Equivalent to Pay Correspondi APPOINTING DISCIPLINARY APPELLATE REVIEWING
Cadre in CDA Scale ng AUTHORITY AUTHORITY AUTHORITY AUTHORITY
In CDA IDA Pay
scale
Assistant, PA, JAO, 6500- GM/Equivalent DGM/ equivalent Director @ CMD@
JTO(Telecom) & 200- 9850-250- Dealing with HR officer dealing GM/ Equivalent CGM/
Equivalent, AD(OL), 10500 14600 in the circle with HR. Equivalent
AD(PR) office
AAO/AO/SO/PS/ 7500- 11875-300- Director GM/Equivalent Director@ CMD@
SDE(T) & 250- 17275 officer dealing CGM/Equivalent Director
Equivalent 12000 with HR
Sr. SDE/Sr.AO/SO 8000- 13000-350- Director GM/Equivalent Director@ CMD@
(With 4 Year of 275- 18250 officer dealing CGM/ Director
regular Service)/ 13500 with HR Equivalent
Adhoc CAO, PPS, 10000- 14500-350- Director GM/Equivalent Director@ CMD@
STS & Equivalent 325- 18700 officer dealing CGM Director
15200 with HR Equivalent
FOR MAJOR PENALTY
Equivalent to Pay Scale In Corresponding APPOINTING DISCIPLINARY APPELLATE REVIEWING
Cadre in CDA CDA IDA Pay scale AUTHORITY AUTHORITY AUTHORITY AUTHORITY
Assistant, PA, 6500-200- 9850-250- GM/Equivalent GM/ equivalent Director @ CMD@
JAO, 10500 14600 Dealing with officer dealing CGM/ Director
JTO(Telecom) HR in the circle with HR. Equivalent
& Equivalent, office
AD(OL), AD(PR)
AAO/AO/SO/P 7500-250- 11875-300- Director CGM/Equivalent Director CMD
S/ SDE(T) & 12000 17275 officer dealing
Equivalent with HR
Sr.SDE/Sr.AO/S 8000-275- 13000-350- Director CGM/Equivalent Director CMD
O 13500 18250 officer dealing
(With 4 Year of with
regular HR
Service)/
Adhoc –CAO 10000- 14500-350- Director CGM/Equivalent Director CMD
PPS, STS & 325-15200 18700 officer dealing
Equivalent with
HR
SCHEDULE OF APPOINTING, DISCIPLINARY, APPELATE AND REVIEWING
AUTHORITIES IN BSNL FOR EXECUTIVES
(FOR ABSORBED GROUP ‘A’ OFFICERS & EQUIVALENT DIRECTLY RECRUITED
EXECUTIVES)
For Minor Penalty:
Equivalent Pay Scale Corresponding Appointing Disciplinary Appellate Review
to In CDA IDA Pay scale Authority Authority Authority Authority
Cadre in CDA
JTS 8000-275- 13000-350- Director CGM/PGM BSNL Director CMD
13500 18250 CO/ GM BSNL CO
STS 10000-325- 14500-350- Director CGM/PGM BSNL Director CMD
15200 18700 CO / GM BSNL CO
JAG 12000-375- 16000-400- CMD CGM (for field Director (for CMD (for field
16500 20800 unit) / Director field units)/ Board of
(For BSNLCO) unit) / CMD Directors (for
(for BSNLCO) BSNL CO)
JAG(NFSG) 14300-400- 17500-400- CMD CGM (for field Director (for CMD (for field
18300 22300 unit) Director(For field units)/ Board of
BSNLCO) unit) / CMD Directors (for
(for BSNLCO) BSNL CO)
SAG 18400-500- 23750-600- CMD Director CMD Board of
22400 28550 Directors
HAG 22400-525- 25000-650- CMD Director CMD Board of
24500 30200 Directors
For Major Penalty:
Equivalent to Pay Scale In CDA Corresponding Appointing Disciplinary Appellate Review
Cadre in CDA IDA Pay scale Authority Authority Authority Authority
JTS 8000-275-13500 13000-350 Director Director CMD Board of
18250 Directors
STS 10000-325-15200 14500-350- Director Director CMD Board of
18700 Directors
JAG 12000-375-16500 16000-400- CMD CMD Board of Board of
20800 Directors Directors
JAG(NFSG) 14300-400-18300 17500-400- CMD CMD Board of Board of
22300 Directors Directors
SAG 18400-500-22400 23750-600- CMD CMD Board of Board of
28550 Directors Directors
HAG 22400-525-24500 25000-650- CMD CMD Board of Board of
30200 Directors Directors
CONCLUSION
CDA Rules can be an important part in establishing discipline and corruption free
environment in an organization, but it is not a comprehensive solution on its own.
An ethical culture is created by the organization's leaders who manifest their ethics in
their attitudes and behavior. Studies of codes of conduct in the organizations show that
their effective implementation must be part of a learning process that requires training,
consistent enforcement, and continuous measurement/improvement. Simply requiring
members to read the code is not enough to ensure that they understand it and will
remember its contents. The proof of effectiveness is when employees/members feel
comfortable enough to voice concerns and believe that the organization will respond
with appropriate action
The participants got awareness with all the BSNL CDA CONDUCT RULE 2006 as
useful for day-to-day office work for maintaining discipline by authorities, conducting
business, following order issued by authorities in smooth fashion.
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