| (I)
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Every municipal officer or other municipal employee
shall be liable to have his increments or promotion withheld or
to be censured, reduced in rank, compulsorily retired, removed
or dismissed for any breach of any departmental regulations or
of discipline or for carelessness, unfitness, neglect of duty
or other misconduct by such authority as may be prescribed by
regulation:
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Provided that no such officer or other employee
as aforesaid shall be reduced in rank, compulsorily retired, removed
or dismissed by an authority subordinate to that by which he was
appointed:
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Provided further that the Council may by regulations
provide that municipal employees belonging to such classes or
categories as may be specified in the regulations shall be liable
also to be fined by such authority as may be specified therein.
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| (2)
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No
such officer or other employee shall be punished under sub-section
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| (1) |
unless he has been given a reasonable
opportunity of showing cause against the action proposed
to be taken in regard to him:
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Provided
that this sub-section shall not apply- |
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| (a)
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Where an officer or other employee
is removed or dismissed on the ground of conduct which
had led to his conviction on a criminal charge; or
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| (b)
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Where the authority empowered to
remove or dismiss such officer or other employee is
satisfied that for some reason, to be recorded by
that authority, it is not reasonably practicable to
give that person an opportunity of showing cause.
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| (3)
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If any question arises whether it is not reasonably
practicable to give any officer or other employee an opportunity
of showing cause under sub-section
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| (2) |
the decision thereon of the authority empowered to remove or dismiss
such officer or other employee shall be final. |
| (4)
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An
officer or other employee upon whom a punishment has been inflicted
under this section may appeal to such officer or authority as may
be prescribed by regulations: |
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Provided
that in the case of an officer or other employee appointed by the
Chairperson, an appeal shall lie is to the Administrator.
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