Section 44
of Statutory Bodies Conduct And Discipline Regulations 1995
Section 44
(1)
Notwithstanding these Regulations, where it is represented to or is found by the
Disciplinary Authority that it is desirable that any employee should be required to retire from the statutory body in the public interest or on grounds which cannot suitably be dealt with by the procedure laid down in these Regulations, the Disciplinary Authority may call for a full report from the General Manager. The said report shall contain particulars relating to the work and conduct of the employee and the comments, if any, of the Head of Division.
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(2)
If after considering the report, the Disciplinary Authority is satisfied that having regard to the conditions of the service, the usefulness of the employee thereto, the work and conduct of the employee and all the other circumstances of the case, it is desirable in the public interest so to do, the Disciplinary Authority may terminate the service of the employee with effect from such date as the Disciplinary Authority shall specify.
(3)
It shall be lawful for the Disciplinary Authority to require an employee to retire from the statutory body in the public interest notwithstanding that any disciplinary proceeding has or has not been carried out under any of the provisions of these Regulations and the service of the employee should be so terminated. For the purpose of clearing any doubt, the provision of the sub-regulation (4) of this regulation shall apply in respect of termination of service of such employee under this sub-regulation.
(4)
Notwithstanding anything in these Regulations, and any other laws to the contrary, in terminating the service of any employee in the public interest under this regulation, such employee may not be given any opportunity of being heard and an employee whose service has been terminated in the public interest under this regulation shall not be regarded as having been dismissed regardless of whether such termination of service of the employee involved an element of punishment and/or connected, either wholly or partly, with his conduct in relation to his office which the statutory body regards as unsatisfactory of blameworthy.