The document outlines the discipline and appeal rules established by M.S.E.D.C.L., emphasizing the importance of discipline as a mechanism to enforce rules and regulations. Key elements include a detailed process for handling misconduct allegations, outlining roles of various authorities during an inquiry, and ensuring adherence to principles of natural justice. Additionally, it highlights M.S.E.D.C.L.'s organizational structure and challenges faced in improving efficiency and service delivery.

1. WELCOME

2. M.S.E.D.C.L.
CONDUCT DISCIPLINE
&
APPEAL RULES.

3. What is discipline?.(William Spriegel )
Discipline is a force that prompt an individual or a
group to observer the rules, regulations, and procedures,
which are deemed to be necessary to the attainment of an
objective.
Dauglas McGregor’s Hot Stove Rule of Discipline
1) Fore warning – The employees must be forewarned about
the consequences of their action.
2) Immediacy - When employee break the rule punishment
must follow immediately.
3) Consistency - Whenever the employees break the rule
they must be punished with same intensity and speed.
4) Impartiality - Irrespective of who break the rule the
punishment must be the same.

4. DROPPI
NG OF PRE LI
MI
NARY
C OMPLAI
NT I
NVE S TI
GATI
ON
W/
O I
NVE S TI
GATI
ON
DROPPOI
NG OF
C OMPLAI
NT
S US PE NS I
ON
C HARGE S HE E T
E X PLANATI
ON BY C HARGE S HE E TE D
E MPLOYE E
E X PLANATI
ON NOT S ATI
S F AC TORY
E NQUI
RY OF F I
C E R
PRE S E NTI
NG OF F I
C E R
C O-WORKE R
APP E AL
S ATI
S F AC TORY
PROS E C UTI
ON
C OMP LAI
NT
E NQUI
RY OF F I
C E R'S RE PORT
PRI
MA - F AC I
E C AS E
E NQUI
RY
DOME S TIC E NQUIR Y
WAR NING
DIS C IPLINAR Y AUTHOR ITY'S DE C IS ION
APPE LLATE AUTHOR ITY'S DE C IS ION

5. Suspension
(Contd…2)
1. Suspension when?
Employee who has committed misconduct of grave nature or against
whom investigation or trial in respect of a Criminal Offence alleged
to have committed, can be suspended, if his continuance in the post –
a) is likely to vitiate the enquiry
b) be otherwise detrimental to the proceedings.
c) be detrimental to the interest of Board. e.g. successful trap by
ACB, misbehaving with a female employee etc.
2) Authorities empowered to suspend –
The Competent Authority to take Disciplinary Action is Competent
Authority to place an employee under suspension.
3) Headquarter-
a) H.Q. to be fixed by the Competent Authority.
b) Suspended employee should not leave H.Q. without permission of
the Competent Authority.

6. Suspension ( Contd.from 1.)
4) Subsistence Allowance:
a) Rate of Subsistence Allowance
= 50% of Basic + full D.A.
b) Deductions from subsistence Allowance
= Statutory deductions + employers due.
5) The enquiry should be completed as fast as possible in
case of Suspension.
6) Death & Suspension –
All actions following from the decision to initiate Disc.
Action become infractuous consequently the employee
shall be deemed to have been never placed under
suspension & will be entitled to pay & allowances for the
period of suspension.

7. Ingredients of charge sheet.
1. To be drafted in the language known to the charge-sheeted
employee.
2. To be signed by the Competent Disciplinary Authority only.
3. Should contain the allegations made against the employee with
date, time and venue of the incident if one is reported upon.
4. Charges framed should be relevant to the allegations made.
5. Rules for framing the charges should be quoted.
6. Charges and allegations should not be vague.
7) Copies of documents relied upon in framing the charge sheet
and being produced as documentary evidence should be
supplied with the charge sheet itself.
8) Reasonable time for giving reply to the charge sheet should be
given from the date of service thereof.
9) Competent Authority should not be a witness to the incident on
which charge sheet is based.
10) Service through proper channel, RPAD, Notice Board, Union
Office.

8. ENQUIRY OFFICER
1. An advocate
2. Outside expert on the subject.
3. Departmental Officer –
(i) Normally higher in status than the delinquent.
(ii) With judicious mind
(iii) Impartial
(iv) Unbiased.
(v) Not connected with the incident.
(vi) Not a witness to the incident.
4. Should appreciate facts and draw conclusions from them.
5. Should not be silent spectator or a dumb writer of statements.

9. Role of Competent/Disciplinary Authority
(Contd/.2)
1. Check up whether in the case under disposal you can act as
Competent Authority.
2. Decide whether preliminary enquiry is necessary.
3. Whether act is minor lapse or major misconduct.
4. Do not act as C.A. when you are a witness to the incident.
5. Decide whether suspension is necessary.
6. While signing charge sheet ensure that it includes:
(i) Statement of allegations
(ii) Relevant charges are levelled
(iii) Documents relied upon – copies thereof given
(iv)Time to give reply is sufficient
(v) Language of charge sheet is known to the delinquent
(vi) Signed by appropriate Competent Authority only.

10. Role of Competent/Disciplinary Authority
(Contd.from-1)
• Ensure service of charge sheet.
• Should be ready to solve administrative problems arising
during enquiry.
• Appoint Enquiry Officer who is independent person and
M’ment representative who may sincerely perform his job.
• Punishment ordered should be proportionate.
• Action should be such as will stand to the test of the court/
appellate authority.
• All actions should be taken promptly.

11. Management Representative/Presenting Officer
(to be Contd…2)
1. On appointment as MR he should ensure that he gets the following
documents.
(i) Order appointing him as MR
(ii) Copy of proof of service of charge sheet.
(iii) Copy of charge sheet.
(iv) Copy of reply of chare sheet
(v) List of documents with the help of which charges are proposed to be
proved.
(vi) List of witnesses by whom the charges are proposed to be proved.
(vii) Copies of statements of witnesses and other relevant documents.
2. He has to present the employer’s side before the Enquiry Officer in an
understandable and orderly manner.
3. He should help the E.O. in planning the conduct of enquiry and give him
full co-operation.
4. He should possess adequate knowledge of the rules and procedure.

12. Management Representative/Presenting Officer
(Contd.from 1)
5. He should study the case with minute details.
6. He should produce documents and examine his witnesses to prove the
charges and cross examine the defense witnesses.
7. Should be conversant with the art of cross examination and keep
noting on which it is to be done.
8. He should be able to understand on whom the burden of proof lies.
9. Instead of insisting on oral arguments try to give written statement.
10. The written brief should be crisp and to be point.
11. Should be courteous to all, a delightful person and sympathetic
towards the charged employee as the employee is to be reformed in
the process and is not to be treated as enemy.

13. Enquiry Procedure
1. After appointment of Enquiry Officer by the Competent Authority the
E.O. should send a notice of holding enquiry to the charge sheeted
workman well in advance.
2. Three copies of proceedings should be made.
3. Each page of the proceeding should be signed by the E.O., B.R., charged
employee and his representative if any. Witness would sign the page on
which his witness appears.
4. Procedure of conduct of enquiry must be explained before starting the
recording of proceedings.
5. Enquiry can be either in the narration form or question-answer form.
Later is more suitable.
6. At the time of conclusion, time for defence statement should be given.
7. Documents produced as evidence should be recorded and numbered.
8. M’ment witnesses should be examined first and then defence witnesses.
9. E.O. can ask questions to any party to get clarification on the points.
10. Irrelevant questions can on the objection from other side be allowed or
disallowed by the Enquiry Officer.

14. Enquiry Officer should keep the following points in view.
1. Inform the delinquent clearly of the charges leveled against him.
2. Witness to be examined in the presence of delinquent.
3. Enquiry Officer should ensure that enquiry relates to the charges
and should not import extraneous facts or consideration.
4. Enquiry Officer must make a reasoned report. Record of finding is
essential in a domestic enquiry.
5. Should not recommend punishment.
6. Should not hold any one quilt on the basis of mere suspicion or
surmises.
7. Inconsistency in evidence.
8. He should not give findings outside the scope of the charge.
9. Specific findings should be given on each charge and in case of each
person.
10. Should not allow leading questions or questions which have no
bearing on the matter of enquiry.
11. Should base his conclusions which look to be logical and reasonable.
12. Function of Enquiry Officer is to find out the truth and he should
make an all out effort in a bonafide manner to find the truth.

15. Summary proceedings (S.R.90)
• WHEN?
• a) Where the employee is caught red-handed having committed or while
committing an act of misconduct.
• b) Where there is obvious evidence of the act of misconduct having been
committed or,
• c) Where the misconduct or misbehavior is considered too grave and convincing
to warrant or justify the normal procedure to be followed.
• d) Where having regard to the surrounding circumstances and the gravity of the
offence for which the employee is convicted in a court of criminal law,
Competent Authority is of the opinion that summary proceedings are
appropriate for deciding any punishment including dismissal or removal,
• e) Where an employee involved in serious act of misconduct causing loss to
Board is due for retirement within a period of three months.
• HOW
Without following procedure prescribed in S.R.88, Competent Authority
should take a decision on evidence available after charge sheeting employee
concerned (in the prescribed format in Annexure-3) and after giving him
an opportunity to make a statement.
• EFFECT OF THE DECISION:
The decision will be effective forthwith unless stayed by Appellate
Authority.

16. Principles of Natural Justice
What is Natural justice?
Though there is no definite definition, it means a
procedure which according to a reasonable man is fair.
• Two essential elements of Natural Justice.
No man shall be judged in his own cause.
No man shall be condemned either civilly or criminally
without being heared.
• Principles of Natural Justice in disciplinary
proceedings. They can be summarized as under:-
The employee against whom Dis. Action is initiated is
informed of the charges leveled against him, in clear
terms.
(Cont.)

17. • Enquiry is done by an impartial authority.
• The Enquiry authority conducts an enquiry strictly as
per procedure prescribed under rules.
• The employee is supplied and/or allowed to inspect all
relevant documents, as per rules.
• The employee is given fair hearing during the course of
enquiry.
• He is allowed to be represented by his friend or legal
practitioner as is permissible under the disciplinary
rules.
• The management witnesses are examined in his presence.
• The employee is given an opportunity to effectively cross-
examine the witnesses.
• He is given a fair opportunity to examine himself &
witnesses in his defense. (Cont.)

18. • The evidence is properly assessed & the findings
recorded with reasons therefor by the Enquiry officer.
• The employee is given the copy of the Enquiry Report ,
alongwith showcause notice.
• If the employee is exonerated of the charge or charges
and the C.A. differs with findings of the Enquity
Officer, the employee is informed tentative findings of
the C.A. with the reasons therefor & he is given an
opportunity to make representation in that regard .
• The decision regarding penalty to be imposed is made in
good faith & without any bias, by the C.A.
• The appellate authority will not enhance the
punishment without opportunity of hearing to the
employee .
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19. Steps in Departmental Enquiry
1. Source
2. Preliminary Enquiry
3. Suspension, wherever found necessary
4. Charge sheet
5. Reply to charge sheet
6. Appointment of Enquiry Officer and B.R.
7. Role of Enquiry Officer & Enquiry Proceedings.
8. Enquiry Report – Findings of the Enquiry Officer.
9. Decision of Competent Authority
10. Show cause notice.
11. Punishment
12. Appeals.

20. ABOUT MSEDCL
1. Unbundling of erstwhile MSEB – 04.06.05
2. MSEB - Holding Co.
GENCO (MSGPCL)
TRANSCO (MSETCL)
DISCOM (MSEDCL)
3. Out of 1,06,500 employees – 75,000 – DISCOM
4. 1 Crore 57 lakh consumers
5. Average revenue of MSEB – 850 crore P.M.
6. Average revenue of MSEDCL –1600 crore P.M.
7. One of the largest Electricity Distribution Co. in Asia.

21. ORGANISATION STRUCTURE
1) Corporate Office : M.D, Director (Oprn.), Director
(Fin.)
2) Zonal office : C.E/G.M.(F&A)/ Manager (P)
3) Circle Offices : S.E/A.M(F&A)/A.M (P)
4) Division Offices : E.E/Jr.Manager(F&A)/Jr.Manager
(P)
5) Sub Dn. Offices : Dy.E.E/A.E./A.A/ UDC (GAD)
6) Section Offices : Jr.Engineer

22. CHALLENGES BEFORE THE MSEDCL
1) Monopoly set of mind of employees
– affecting consumer service.
2) Load Management :
For shortfall 4000 - 5000 MW
- Expected to achieve break-even in the demand &
supply gap of Power scenario by 2012.
3) Reduction in T&D losses
4) Reduction in arrears position
5) Increase in collection efficiency
6) Improvement in working condition of employees

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THANKS