Office of the Managing Director,
No.P1/684(1)/2008-PO.IV Bus Bhavan, Hyderabad-624.
CIRCULAR NO. PD- 05/2009, DATED:23.02.2009.
Sub: RECRUITMENT – Procedure to be followed while initiating disciplinary action against the employees engaged on contract basis – Further Instructions Issued.
Ref:1. Lr.No.OS3/684(1)/2005-PO.III, dt.12.04.2005 addressed to ED(H&K)
and copy marked to all EDs(Zones).
2. Notification No.OS3/684(1)/2005-PO.III, dated 02.01.2006.
3. Circular No.PD-36/2006, dated 31.08.2006.
4. Notification No.OS3/684(1)/2005-PO.III, dated 17.12.2008.
* * *
Instructions were issued through letter 1st cited on the procedure to be followed for engagement of Drivers & Conductors on contract basis duly prescribing three formats as at Annexure-A, B & C to the said letter i.e., a) calling for the willingness of the candidates as per Annexure-A; b) Contract Service Agreement as per Annexure-B and c) Proforma Office Order as at Annexure-C.
In terms of Clause-5 of Terms and Conditions of Contract Service Agreement, the crew who remain absent for more than 3 days have been terminated by the Unit Officers. Some of the contract crew whose contract service agreements were terminated invoking the above clause have submitted representations stating that due to unavoidable circumstances viz., serious illness, expiry of close relatives etc., they could not attend to their duties and requested to re-engage them on contract basis.
In order to provide an opportunity to the deserving candidates, instructions were issued through Notification 2nd cited authorizing the Regional Managers to consider individual cases based on merits and direct them to the Depots for re-engagement on fresh contract for the remaining period of contract. Instructions were also issued through Circular 3rd cited authorizing the Regional Managers to consider the representations of contract drivers and conductors whose contract is terminated by the Depot Managers for their involvement in Accident/C&T Irregularity cases based on merits. However, the contract crew, whose representations are rejected by the Regional Managers concerned, are submitting representations once again to re-engage them.
Further instructions were issued through Notification 4th cited to engage contract crew initially for a period of 3 to 4 months and the period of contract will be extended from time to time up to 2 years from the date of initial engagement on the same Rs.100/- Non-judicial Stamp Paper, instead of the present practice of entering into a fresh service contract agreement. Accordingly, Clause-1 of the Terms & Conditions of Contract Service Agreement was modified and communicated.
Instances have come to notice that the contract crew whose contract is terminated due to their involvement in absenteeism, Accident/C&T Irregularity cases, are approaching the Courts and the Courts are pronouncing judgments that whenever stigma, like involvement in accident, cash & ticket irregularities and other serious misconducts, is attached, a detailed enquiry has to be conducted and further action has to be taken.
Under the above circumstances, the issue has once again been reviewed and the following further instructions are issued in regard to the procedure to be followed while dealing with the disciplinary cases of contract Drivers and Conductors. A list of acts which constitute misconduct and detrimental to the interest of the Organization, for which a contract employee can be charged, is at Annexure-I.
1. When an allegation of serious misconduct is made against a contract employee, the disciplinary authority shall frame a charge sheet by quoting this Circular (since CC&A Regulations are not applicable to them) duly keeping him/her under “put off duty”.
2. On receipt of the explanation to the charge sheet or after giving reasonable time to submit the explanation i.e., one week, a detailed enquiry shall be conducted as early as possible within three months duly following the principles of natural justice as in the case of regular employee.
3. The delinquent is entitled to 15 days wages for every month under put off duty, duly effecting statutory recoveries.
4. The disciplinary authority on receipt of Enquiry Report shall issue a show cause notice depending upon the merits of the case duly giving reasonable time i.e., one week, to enable the delinquent to submit explanation.
5. On perusing the explanation to show cause notice, final orders shall be passed for termination of contract.
6. If the lapse on the part of contract employee does not warrant termination of contract, such lapses have to be treated as un-satisfactory work and the contract employee shall be counseled for such deficiency with an advice not to repeat such lapses in future duly recording such lapses in the Counseling Register which shall be specifically maintained for this purpose.
7. If such lapses are committed more than thrice, the contract shall be terminated by following the prescribed procedure.
8. The Contract employee may submit his appeal against the order of termination of contract to the authority next above that which passed the original order.
The revised Contract Service Agreement, Proforma Office Order, an Undertaking to abide by the instructions, to be taken at the time of engaging the contract drivers and conductors are furnished at Annexure-II, III & IV respectively for adoption in cases of engagement of contract crew from now onwards.
In case of existing contract crew, the procedure prescribed above shall be followed while dealing with disciplinary cases.
The instructions issued through the references cited are modified to the extent indicated above with immediate effect.
Necessary action shall, therefore, be taken accordingly.
Encl: As above.
Sd/- V.DINESH REDDY
VICE-CHAIRMAN & MANAGING DIRECTOR
//ATTESTED//
CHIEF PERSONNEL MANAGER