valid as on 18/06/2024

2.13.54:Insolvency and Bankruptcy Board of India (Employees’ Service) Regulations, 2017

Procedure for imposing minor penalties.

(1) Where it is proposed to impose any of the minor penalties specified in clauses (a) to (e) of regulation 51, the employee concerned shall be informed in writing of the imputations of lapses against him and given an opportunity to submit his written statement of defence within a specified period not exceeding 15 days or such extended period as may be granted by the Competent Authority and the defence statement, if any, submitted by the employee shall be taken into consideration by the Competent Authority before passing orders.

(2) The record of the proceedings in such cases shall include-

(a) a copy of the statement of imputations of lapses furnished to the employee;

(b) the defence statement, if any, of the employee; and

(c) the orders of the Competent Authority together with the reasons therefor.

(3) Where the Competent Authority is satisfied that an inquiry is necessary, it shall follow the procedure for imposing a major penalty as laid down in regulation 52.

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