Present Project

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NAMESKARNAMESKAR

Narendra Kumar SharmaMBA (HR) Final Year Student, Enrollment No.510811352Study Center : Kota-01691 (Raj.)

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EVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILEVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCIL

A PROJECT REPORT ONEVALUATION OF DISCIPLINARY PROCEEDINGS

INNUCLEAR POWER CORPORATION OF INDIA LIMITED

ATRAJASTHAN ATOMIC POWER STATION

Comparative Study by

Narendra Kumar Sharma MBA Final Year,

Enrollment No.510811352Study Center : Kota-01691 (Raj.)

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Nuclear Power Corporation of India Limited is a public sector

enterprise of Central Government under the administrative

control of Department of Atomic Energy with an objective of

“Generation of Electricity through the use of nuclear energy by

designing, constructing and operating reactors and other Peaceful

and constructive use of atomic energy in the field of agriculture,

medicines etc. NPCIL had its registered office at New Delhi but it

has been changed now to Mumbai with its Head Office in Mumbai.

All the nuclear power projects and stations under the control of

DAE have been transferred to NPCIL Units after formation. The

different units of NPCIL with its capacity are as under:

BRIEF DESCRIPTION OF THE ORGANIZATIONBRIEF DESCRIPTION OF THE ORGANIZATION

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Sl. No. Station with locations No. of Reactors

Capacity

Reactor-I Reactor-II

1 Tarapur Atomic Power Station-1&2, Distt. Thane, Maharashtra

TWO 160 MWe 160 MWe

2 Tarapur Atomic Power Station-3&4, Distt. Thane, Maharashtra

TWO 540 MWe 540 MWe

3 Rajasthan Atomic Power Station-1&2, Distt. Chittorgarh, Rajasthan

TWO 100 MWe 200 MWe

4 Madras Atomic Power Station, Distt. Chingleput, Tamilnadu

TWO 170 MWe 220 MWe

5 Narora Atomic Power Station, Distt. Bulandshahar, Uttar Pradesh

TWO 220 MWe 220 MWe

6 Kakarapar Atomic Power Station, Distt. Surat, Gujrat TWO 220 MWe 220 MWe

7 Kaiga Generating Station 1&2, Distt. Uttar Kannada, Karnataka

TWO 220 MWe 220 MWe

8 Kaiga Generating Project 3&4, Distt. Uttar Kannada, Karnataka

TWO 220 MWe 220 MWe

9 Rajasthan Atomic Power Station-3&4, Distt. Chittorgarh, Rajasthan

TWO 200 MWe 220 MWe

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UNIT UNDER CONSTRUCTION:UNIT UNDER CONSTRUCTION:

Sl. No. Station with locations No. of Reactors

Capacity

Reactor-I Reactor-II

0101 Rajasthan Atomic Power Project-5&6, Distt. Chittorgarh, Rajasthan

TWO 200 MWe 220 MWe

0202 Kudankulam Atomic Power Project, Distt. Nagarcoil, Tamilnadu

TWO 1000 MWe 1000 MWe

Unit 5 of RAPP-5&6 HAS GOT CRITICALITY ON 24.11.2009Unit 5 of RAPP-5&6 HAS GOT CRITICALITY ON 24.11.2009

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ABOUT THE UNIT CONCERNED FOR THE PROJECT REPORTABOUT THE UNIT CONCERNED FOR THE PROJECT REPORT

Rajasthan Atomic Power Station which is the first unit of Department of

Atomic Energy is today very popular not only on the map of Rajasthan but

on the map of India as biggest Nuclear Centre of the world and popularly

known as Anu Nagari. It is situated about 50 Kms from Kota City which is

very popular for Kota Stone and is actually in the Chittorgarh district of

Rajasthan State.

The Station has 4 units running and two more units of 220 MWe are at the

advanced stage of construction and it is expected that these twin units

under construction will start generating electricity very shortly. The total

man power the station is about 2800 comprises Scientists, supervisors,

technicians, Manager and administrative assistants. The station has got

multi residential colonies well maintained, and horticulture.

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Classification of postsClassification of postsaccording to CCS (CCA) Rules & according to CCS (CCA) Rules & NPCIL (Discipline & Appeal) Rules

SN Description of Post Classification of Posts

1 A central civil post carrying a pay or scale of pay with a maximum of not less than Rs. 13,500/-

Group A

2 A central civil post carrying a pay or scale of pay with a maximum of not less than Rs. 9,000/- but less than Rs. 13,500/-

Group B

3 A central civil post carrying a pay or scale of pay with a maximum of not less than Rs. 4,000/- but less than Rs. 9,000/-

Group C

4 A central civil post carrying a pay or scale of pay with a maximum of which is Rs. 4,000/- or less

Group D

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MISCONDUCTMISCONDUCT

Misconduct: An act or conduct which makes it unsafe for the

employer to retain the employee in Service”

Misconducts under different rules have been different. Misconducts

under different rules are defined as under:-

01 Under CCS( Conduct Rules)-1964

02 Under NPCIL (Conduct ) Rules-1994

03 Under Industrial Employment Standing Orders Act & Models . Standing Orders -1946

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EVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILEVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILMISCONDUCTMISCONDUCT

SOME MISCONDUT UNDER NPCIL (CONDUCT) RULES SOME MISCONDUT UNDER NPCIL (CONDUCT) RULES

Theft, fraud or misappropriation or dishonesty in connection with the business or Theft, fraud or misappropriation or dishonesty in connection with the business or

property of the Corporation or of property of another person within the premises of the property of the Corporation or of property of another person within the premises of the

Corporation.Corporation.

-Taking or -Possession of pecuniary resources or property disproportionate to the -Taking or -Possession of pecuniary resources or property disproportionate to the

known source of income by the employee or on his behalf by another person, which the known source of income by the employee or on his behalf by another person, which the

employee annot satisfactorily account for.employee annot satisfactorily account for.

-Furnishing false information regarding name, age, father’s name, qualification, -Furnishing false information regarding name, age, father’s name, qualification,

previous service or any other -matter germane to the employment at the time of previous service or any other -matter germane to the employment at the time of

employment or during the course of employment.employment or during the course of employment.

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EVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILEVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILMISCONDUCTMISCONDUCT

- Habitual late or irregular attendance.

- Sabotage or damage to any property of the Corporation

- Interference or tampering with any safety devices installed in

or about the premises of the Corporation.

- Riotous or disorderly or indecent behavior in the premises of

the Corporation or outside such premises where such behavior

is related to or connected with the employment.

- Gambling within the premises or the Corporation.

- Smoking within the premises of the Corporation where it is

prohibited

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COMPARISIONCOMPARISION

The comparative study is quite essential as Industrial Employment

(Standing Orders) Act-1946 which is applicable to industrial workers

have been made compulsory to NPCIL employees in the absence of any

rule in this regard. The main reason for making this Act applicable to

NPCIL is that an industrial dispute has been pending for certification of

standing orders for NPCIL. Following are the comparison which brings

out the deficiency due to applicability of Industrial Employment

(Standing Orders) Act-1946.

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COMPARISION 01COMPARISION 01

Central Civil Services (Conduct) Rules – 1964 and NPCIL (Conduct) Rules

1994 provides that “possession of pecuniary resources or property

disproportionate to the known sources of income by the employee”

will be a grave misconduct. However, this clause is not applicable to

workers in the small or other industries where wages of workers are

very less, in NPCIL it is applicable to workmen on following grounds :

Workmen of NPCIL are highly paid,

They are earning good overtime allowance, some times equal to their

wages or slightly lesser than that.

Free Medical Facility

More than Rs. 20,000/- incentive per annum.

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COMPARISION 01COMPARISION 01

These lucrative wages, and attractive perquisites attract them to

acquire property beyond their reach and some times it leads to

violation of the provision of disproportionate to the known source of

income. However, their being no provision under Industrial

Employment (Standing Orders) Act-1946, workers are safe from action

on this count. Whereas, junior officers who are not getting any

overtime allowance are governed by the Rule. Thus there is disparity

in applicability of rules and creates grouse among other class of

employees

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EVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILEVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCIL COMPARISIONCOMPARISION

PROBLEM:

“Sleeping while on dutySleeping while on duty” is a misconduct under NPCIL(Conduct) Rules but not

under Industrial Employment (Standing Orders) Act – 1946. in small industries or

private industries where workmen are under the direct control and supervision of

their superiors, they are not getting opportunity for this mis-conduct. However, in

NPCIL the work is spread at different locations and in round the clock shift in such

a way that supervisor cannot reach there. Only self efficiency is the main solution.

Notwithstanding the above, if worker sleeps on duty in NPCIL, there being no

provision available in Industrial Employment (Standing Orders) Act – 1946, the

worker can not be proceeded against under the right clause. It is different aspect

that management may initiate action for lack of devotion to duty etc. or under

clause (I) that is “habitual negligence or neglect of work”. But when this right

clause is available under NPCIL (Conduct) Rules –1994, and at present which

applies to officers only may be more suitable and authentic for the purpose.

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DISCIPLINARY CASES PENDING AS ON DISCIPLINARY CASES PENDING AS ON DATE IN RAPSDATE IN RAPS

1

3

4

5 GROUP 'A'

GROUP 'B'

GROUP 'C'

GROUP 'D'

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MISCONDUCT WISE DISCIPLINARY CASES FOR 2008MISCONDUCT WISE DISCIPLINARY CASES FOR 2008

5%

69%

26%0%

EMBEZZLEMENTMISCOUNDUCTABSENTEEISMSlice 4

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OPINION OF SOME OF DISCIPLINARY AUTHORITIES OPINION OF SOME OF DISCIPLINARY AUTHORITIES ABOUT PREVAILING PRACTICESABOUT PREVAILING PRACTICES

17%

14%

14%14%

41%

VERY GOOD

GOOD

SATISFACTORY

NEEDS CHANGE

Slice 5

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EVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILEVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILPENALTIESPENALTIES

Penalties Under CCS (CCA) Rules-1965 Penalties Under CCS (CCA) Rules-1965

S.N MINOR PENALTIES SN MAJOR PENALTIES

01. Censure 01. Reduction to a lower stage for a specified period with further direction as to whether or not he will earn increments of pay during the period of such reduction.

02. Withholding of promotion 02. Reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Govt. servant to the time scale of pay, grade, post or service from which he was reduced.

03. Recovery of his pay of the whole or part of any pecuniary loss caused by him by negligence or breach of orders.

03. Compulsory retirement.

04. Reduction to a lower stage for period not exceeding 3 years without cumulative effect and without affecting his pension.

04. Removal from service without disqualification for future employment under the Government.

05. Withholding of increments of pay 05. Dismissal from service which shall ordinarily be a disqualification for future employment with Govt.

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Penalties Under NPCIL (Conduct) Rules-1994Penalties Under NPCIL (Conduct) Rules-1994SN MINOR PENALTIES S.N. MAJOR PENALTIES

01. Censure 01. Reduction to a lower stage in the scale of pay for a specified period and with further directions as to whether the employee will earn increment during the period of reduction and whether on expiry of such period, the reduction will or will not have the effect of postponing the future increments.

02. Withholding of increments of pay with or without cumulative effect.

02. Reduction to lower scale of pay which shall ordinarily be a bar to the promotion of the employee to the scale of pay from which he was reduced with or without further directions regarding conditions of restoration to the scale of pay from which the employee was reduced.

03. Withholding of promotion. 03. Compulsory retirement from service.

04. Recovery from pay whole or part of any pecuniary loss caused to the Corporation by negligence or breach of orders.

04. Removal from service which shall not be a disqualification for future employment in the Corporation.

05. Reduction to a lower stage in the scale of a pay for a period not exceeding 3 years without cumulative effect and not adversely affecting the pension in the case of an employee who was an en masse deputationist and got absorbed in the Company.

05. Removal from service which shall ordinarily be a disqualification for future employment in the Corporation.

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PRINCIPLES OF NATURAL JUSTICEPRINCIPLES OF NATURAL JUSTICE

Though the Principles of Natural Justice must be given due

importance, care must be taken against any over emphasis.

These principles can not be elevated to the positions of

Fundamental Rights. Natural justice is prescribed only a

minimum standard of fair procedure and this minimum can not

be bloated into a rigmarole of technicalities to vitiate the inquiry

somehow or other.


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AVOIDING DELAYS & DILATORY TACTICSAVOIDING DELAYS & DILATORY TACTICS


EFFECTS TO EMPLOYER EFFECTS TO EMPLOYEE

Delays defeat the very purpose of the inquiry. The purpose of disciplinary proceedings is not

only to punish the culprit for violation of rules or

misconduct but also to streamline the

administrative machinery so that such things do

not happen again an blood flows through the veins

of administrative machinery without fear of any

clog. This is possible only if we are quick in taking

disciplinary proceedings. Memories fail with time, witness may die or own

over, record may become unavailable for any

reason, the delays are thus to the benefit of the

wrong doer who may escape because of negligence

and consequent delays.

Due to delay the employee becomes a loser.

He cannot get any promotion or other

advancements in service so long as clouds of

disciplinary proceedings are there.

In most of the cases, the employee loses his

peace of mind also he cannot devote fully to the

office work as it should be.

On account of seal of disciplinary proceedings

that also with prolonged delays, employee and

his family members are socially boycotted.

For all these reasons, there is no option but to

cut delay with strong hand and dispose of

disciplinary cases with utmost speed.

There are followingtwo negative aspects , in my view, if the delay is causedThere are followingtwo negative aspects , in my view, if the delay is caused

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ROLES OF VARIOUS AUTHORITIESROLES OF VARIOUS AUTHORITIES


Following Authorities are involve to conduct the inquiry :-Following Authorities are involve to conduct the inquiry :-

Disciplinary AuthorityDisciplinary Authority Has not to play much role except Has not to play much role except disposal of bias representation disposal of bias representation

Inquiring AuthorityInquiring Authority As known as Inquiry Officer, to inquire As known as Inquiry Officer, to inquire and finding facts of the chargesand finding facts of the charges

Presenting Officer Presenting Officer To advocate and verify the charges To advocate and verify the charges by oral and documentary evidencesby oral and documentary evidences

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EVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILEVALUATION OF DISCIPLINARY PROCEEDINGS IN NPCILConclusion and RecommendationsConclusion and Recommendations

RecommendationsRecommendationsSimplification of the ProcedureSimplification of the Procedure Disciplinary Procedure needs to SimplifiedDisciplinary Procedure needs to Simplified

Standardization of the procedureStandardization of the procedure Apart from simplification of the procedure, Apart from simplification of the procedure, the procedure should be also standardizedthe procedure should be also standardized

Training and AwarenessTraining and Awareness Training to employees who functions as Training to employees who functions as Inquiry Officer should be conducted as a Inquiry Officer should be conducted as a essential particular.essential particular.

Adherence of the Time ScheduleAdherence of the Time Schedule Disciplinary Authority should, before Disciplinary Authority should, before appointing inquiry officer, will give a time appointing inquiry officer, will give a time schedule to complete the inquiryschedule to complete the inquiry

JusticeJustice It is very popular proverb that “Justice It is very popular proverb that “Justice delayed is justice denied” Hence, delayed is justice denied” Hence, Disciplinary authority should ensure that Disciplinary authority should ensure that there is no abnormal delay in delivering the there is no abnormal delay in delivering the justice.justice.

Strong Disciplinary CellStrong Disciplinary Cell D Cell should be strong enough in D Cell should be strong enough in correcting and discipline the correcting and discipline the errant employees.errant employees.

Faith of employees in systemFaith of employees in system The system should be so designed The system should be so designed that employee should have faith in that employee should have faith in the system of disciplinary the system of disciplinary proceeding.proceeding.

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RecommendationsRecommendationsBetter Quality, Gain trust and Better Quality, Gain trust and ConfidenceConfidence

The System of disciplinary The System of disciplinary proceedings should be such that it proceedings should be such that it wins the trust and confidence of wins the trust and confidence of the employees.the employees.

Continual improvement in Continual improvement in proceduresprocedures

Every time improvement is Every time improvement is needed for up-dated the needed for up-dated the disciplinary proceeding and Rulesdisciplinary proceeding and Rules

Suggestion from employees for Suggestion from employees for further improvementsfurther improvements

It is necessary that we should It is necessary that we should obtain from employees obtain from employees particularly from the charged particularly from the charged employees or hurt employee for employees or hurt employee for improvement of the system.improvement of the system.

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CONCLUSIONCONCLUSION

With my experience of Ten years, my observations are that in some

of the units due to unfair handling of the people, some of employees have lost their interest of working. The sole reason which I have come to know from them is that they have not been treated well, they have not been given due respect, they have been ignored and side lined with their high level of ability than the officers to whom they are reporting. Other reason is that they were forced to compromise with their noble principles which they could not do. Such ill treatments have given them rise of dejection in their life and they were proceeded against. Nowadays, when we are in the ear of high technology and are considering man power as human resource, a duty is cast on the persons who are having expertise in these areas to cure these people and bring them on the track. Disciplinary action is not a solution and hence, it should be resorted to as a tool

when counseling and other measures fail to yield required result

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ABBREVIATIONS USED IN THIS REPORTABBREVIATIONS USED IN THIS REPORT

NPCIL Nuclear Power Corporation of India Limited

CCS(CCA)

Central Civil Services (Classification, Control & Appeal) Rules – 1965

DAE Department of Atomic Energy

CCS Central Civil Services

PO Presenting Officer

IO Inquiry Officer

IA Inquiring Authority

CO Charged Official

DA Defence Assistant/Disciplinary Authority

ETC Etcetera

NAPS Narora Atomic Power Station

MAPS Madras Atomic Power Station

RAPS Rajasthan Atomic Power Station

KKNPP Kudankulam Nuclear Power Project

VSB CO Vikram Sarabhai Bhawan, Corporate Office

KGS Kaiga Generating Station

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THANK YOUTHANK YOU

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