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R.1 Short title, commencement and application

(i) These regulations may be called the Assam State Warehousing Corporation (Staff) Regulations, 1980.

(ii) They shall be deemed to have come into force immediately.

(iii) They shall apply to all employees of the Corporation and to the person employed on contract in respect of all matters not regulated by the contract.

R.2 Definitions

(a)

(i) ‘Board of Directors’ means the Board of Directors of the Corporation as provided under S. 20 of the Warehousing Corporations Act, 1962.

(ii) ‘Executive Committee’ means the committee appointed by the Board of Directors by a resolution in its meeting as provided under S. 25 of the Warehousing Corporations Act, 1962.

(b) ‘Chairman’ means the Chairman of the Board of Directors who has been appointed as the Chairman by the State Government with the prior approval of the Central Warehousing Corporation.

(c) ‘Corporation’ means the Assam State Warehousing Corporation established under S. 18 of the Warehousing Corporation Act, 1962 (No. 58 of 1962).

(d) ‘Managing Director’ means Managing Director of the Corporation who is appointed as the Managing Director by the State Government with the prior approval of the Central Warehousing Corporation.

R.3 Strength of staff

The Board of Directors shall from time to time determine the strength of staff, both regular and temporary, under the various categories required for carrying out functions of the Corporation :

Provided that the Board of Directors shall have the power to create any post in Class I and II and determine and fix the scales of pay of such posts ;

Further provided that the Managing Director may, subject to the approval of the Board of Directors, create any post in Class III and Class IV.

The employees of the Corporation are classified as follows:

Classification of employees

(1) Class I:

(i) Administrative Officer;

(ii) Accounts Officer;

(iii) Storage and Inspection Officer;

(iv) Senior Inspection Officer;

(v) Executive Engineer.

R.4 Appointing authority

(1) Appointments to the post in Class I and Class II shall be made by the Managing Director. All appointments in Class I and II shall be made on the basis of selection made by the Selection Committee appointed by the Board of Directors or the Executive Committee. Appointment to posts in the aforesaid two categories shall require the approval of the Board of Directors or the Executive Committee.

The posts in the Corporation may either be primary or secondary. Secondary posts are those posts which will be filled up from amongst the existing staff of the Corporation on the basis of promotion. Some secondary posts such as posts in Class I shall be filled up on the basis of selection where outsiders will also be eligible to compete. In case selection is from amongst the officers of the Corporation, seniority-cum-merit will always to be considered.

The procedure for recruitment and source thereof would be similar to the State G

R.5 Pay

The employees of the Corporation shall be entitled to such pay and allowances in the time scale as may be prescribed by the Board of Directors from time to time. The Board while fixing the time scale will also consider the scale of pay of the Government employees.

R.6 Dearness allowance

The employees of the Corporation shall also be entitled to the Dearness Allowance at a rate as may be fixed by the Board of Directors from time to time:

Provided that the rate of Dearness Allowance shall not be less than the rate granted by the State Government to their different classes of employees from time to time. The casual employees who are appointed on daily rates shall not be entitled to Dearness Allowance as paid to other employees of the Corporation. The Board will also take into consideration the prevailing Dearness Allowance paid to the Government employees.

R.7 Furnishing of security by employees

Field Officers posted in the Ware#31;house Centres and employees handling cash shall furnish security in cash, or Fidelity Guarantee Insurance or both as may be prescribed by the Managing Director from time to time.

R.8 Probation

(1) Every employee shall, on appointment to any post, be on probation in that post for a period of one year commencing from the date of his appointment:

Provided that such period of probation may be further extended for another period not exceeding six months at the discretion of the appointing authority :

(a) After successful completion of the probationary period or any extension thereof, the probationer shall continue as temporary employee of the Corpora#31;tion in the post in which he or she was appointed on probation.

(b) A temporary employee may be confirmed against permanent vacancy eitherin existing posts or posts sanctioned by the Board by an order in writing;

Provided further that any continuous service rendered by a person drawing a time scale of pay immediately before being placed on probation in a post may be counted towards his probationary period.

R.9 Medical certificate

(1) Every person appointed for the first time to any post in the Corporation shall, before joining duty in that post, be required to furnish a medical certificate of fitness in the form prescribed in Appendix I. Such certificate shall be obtained—

(i) in case of a person to be appointed in a Class I or Class II post, from a Civil Surgeon or a Commissioned Medical Officer or any other Government medical authority of equivalent status; and

(ii) in case of a person to be appointed in Class III or IV post, from any Health Officer I or any other Government medical authority of equivalent status:

Provided that—

(a) where such person is a female, the appointing authority may accept a certificate signed by any female registered medical practitioner;

(b) no such certificate need be furnished where the person to be appointed is one who has retired from Governme

R.10 Notice of termination

(1) No employee, whether regular or temporary other than the Managing Director, or a person on deputation from the Central Govern#31;ment, or any State Government, or an Institution, shall leave or discontinue the service of the Corporation without giving one month’s notice in writing to the appointing authority of his intention to do so.

(2) If an employee leaves or discontinues his/her services in the Corporation in contravention of the provision of sub-regulation (1) of Regulation 10 he/she shall be liable to pay compensation to the Corporation a sum equal to his pay for the period by which the notice given falls short of the specified period of notice, at the rate at which it was paid immediately before the date of leaving the service, or discontinuance therefrom:

Provided that the appointing authority may, for reasons to recorded in writing, waive either wholly or in part, the requirement as to the payment of such c

R.11 Termination of service by the Corporation

(1) The Corporation may at any time and without assigning any reasons therefor terminate the services of a temporary employee after giving one month’s notice or notice-pay in lieu thereof.

(2) The Corporation may terminate the services of a regular employee after giving him three months’ notice or notice-pay in lieu thereof.

(3) The power to terminate the services of employees under sub-regulation (1) and sub-regulation (2) shall be exercised by the respective appointing authorities.

(4) Nothing contained in these Regulations shall affect the rights of the appoint#31;ing authority to retire, remove, or dismiss an employee without giving notice or pay in lieu of notice in accordance with the provisions of Chapter V.

R.12 Superannuation and extension of service

(1) Employees of the corpora#31;tion shall retire on attaining the age of sixty years.

(2) Nothing in this Regulation shall affect the power of the Corporation to extend the period of service of an employee beyond the age of sixty years in exceptional cases if the interests of the Corporation so requires.

(3) Notwithstanding anything contained in sub-regulations (1) and (2) here above, an employee being declared invalid or medically unfit by the District Medical and Health Officer, Health Officer I or Professor, or Assistant Professor of the Medical Colleges shall cease to hold any office under the Corporation.

R.13 Authority to fix scales of pay

(1) The scales of pay of employees of the Corporation shall be fixed by the Board of Directors from time to time. The scales of pay shall be revised on the same principle as may be adopted by the State Government for revision of scales of their employees:

Provided that, in the interests of the Corporation and in fit cases, the appointing authority may in its discretion, grant at the time of appointment, suitable advance increment;

Provided further that employees on deputation may either be appointed in the scale of pay specified for each post by the Corporation, or in the scale of pay admissible to the parent department, or shall be governed by the orders of the Government specifying the terms and conditions of deputation.

(2) The Board may also, for special reasons, sanction special pay for any post or posts.

(3)

(a) The initial pay in a time scale of

R.14 Travelling allowance

Travelling allowance and daily allowance would be admissible to all categories of the employees of the Corporation at the same rates as admissible to the State Government employees. The Board shall, however, have the power to revise the rate of travelling allowance and daily allowance from time to time.

R.15 Fixation of inital pay

An employee when first appointed shall be given salary at the bottom of the scale but his scale may be fixed upward in the time scale by giving suitable advance increment at the discretion of the Board.

R.16 Annual increment

In an incremental scale, the increment shall accrue on the completion of each specified period of service in the scale whether such service is probationary, or regular or casual—

(a) The Managing Director will be the authority to give sanction to draw increment of the Officers in Class I and II; and

(b) The Administrative Officer shall be the authority to give sanction to draw increment of the officers in Class III, IV and the casuals who are appointed in the time scale of pay for specified period/periods and who remain as casual till the completion of such specific period/periods of service in the time-scale.

The appointing authority may withhold increment or increments as and when the performance of a particular employee is found to be unsatisfactory.

R.17 Misconduct

Misconducts shall be of two categories, namely : minor misconduct and major misconduct.

(A) Minor misconduct. Late attendance for consecutive 3 days, leaving the premises of work without permission of the superior, showing disrespect to the customers of the Corporation, refusal to attend to urgent work beyond the scheduled working hours as and when directed by superior officers, being absent for consecutive three days without prior permission, shall be minor misconducts. The penalty for minor misconducts shall be: stoppage of increment/increments, censure and warning.

(B) Major misconduct,

(a) Wilful insubordination.

(b) Disobedience to the orders of superiors.

(c) Theft, fraud and dishonesty hi connection with the business or property of the Corporation.

(d) Taking or giving illegal gratification, in cash or kind, or in any manner

R.18 Disciplinary and Appellate Authority

The Disciplinary and Appellate Authority for the major and minor penalties shall be as follows:

 

In case of minor penalty a departmental enquiry as mentioned hereunder for awarding major penalty will not be necessary.

R.20 Procedure for imposing major penalty

(1) No order imposing on an employee, any of the major penalties specified in these regulations shall be passed except after an enquiry, held as far as may be, in the manner hereafter specified:

Provided that it is not necessary on the part of the disciplinary authority to conduct an enquiry

in cases—

(a) where a penalty is imposed on the ground of conduct which has led to the conviction of the employee on a criminal charge; or

(b) where the disciplinary authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to hold an enquiry ; or

(c) where the disciplinary authority is satisfied that it is not in the interest of the Corporation to hold an enquiry.

(2) The disciplinary authority shall frame definite charges on the basis of the allegation on which the enquiry is proposed to be held. Su

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Legal Commentary: ASSAM STATE WAREHOUSING CORPORATION (STAFF) REGULATIONS, 1980 — Rule 20

Introduction

Rule 20 of the Assam State Warehousing Corporation (Staff) Regulations, 1980 deals with the suspension of employees pending inquiry or investigation. The rule vests the power to suspend employees in the Managing Director and/or the Executive Committee, subject to statutory and regulatory constraints. The following commentary draws upon judicial interpretations, primarily from the Assam High Court and Supreme Court, to analyze the scope, essential ingredients, and legal consequences of the rule.

What Does Section Says

Rule 20 of the Assam State Warehousing Corporation (Staff) Regulations, 1980, provides for the power to place an employee under suspension pending an inquiry or investigation. The rule distinguishes between different classes of employees and vests suspension power in the Managing Director for Class III employees and in the Executive Committee for Class I or II employees. The power is to be exercised in respect of employees alleged to have committed breaches of discipline or criminal offences.

Essential Ingredients

1. Class of Employee: The rule distinguishes between Class I, II, and III employees, with different authorities having suspension power over each class.
2. Managing Director's Power: The Managing Director has the power to suspend Class III employees.
3. Executive Committee's Power: The Executive Committee has the power to suspend Class I or II employees.
4. Pending Inquiry or Investigation: Suspension is permitted only when an inquiry is pending or when a case is under investigation or trial.
5. Breach of Discipline or Criminal Offence: The grounds for suspension are limited to allegations of breach of discipline or criminal offences.
6. Regulatory Compliance: The power must be exercised in accordance with the provisions of the Warehousing Corporations Act, 1962 and the regulations framed thereunder.

Scope of Section

• The rule applies to employees of the Assam State Warehousing Corporation covered by the 1980 Staff Regulations.
• It covers both disciplinary inquiries and criminal investigations.
• The rule is not self-executing; it requires a formal inquiry or investigation to be pending.
• The rule does not authorise suspension as a punishment; it is a preventive or provisional measure pending inquiry.
• The rule is subject to the overarching provisions of Section 42 of the Warehousing Corporations Act, 1962, which empowers the Corporation to frame regulations for the conditions of service of its employees.

Punishment for Section

Rule 20 itself does not prescribe any punishment. It merely provides for suspension pending inquiry. However, if the inquiry finds the employee guilty, the disciplinary authority may impose punishment under other relevant provisions of the regulations (e.g., Regulation 16 for penalties, Regulation 26 for appellate authority). The punishment for misconduct would be determined by the disciplinary authority in accordance with the regulations and the principles of natural justice.

Legal Comments

• Keyword: Suspension Power - Managing Director - The Managing Director's power to suspend employees is limited to Class III employees under Rule 20, and the power must be exercised in conformity with the regulatory scheme; a suspension order passed in violation of the rule is unsustainable in law - [A. P. SOMASHEKAR VS KARNATAKA STATE WAREHOUSING CORPORATION - 1996 0 Supreme(Kar) 375]
• Keyword: Suspension Power - Executive Committee - The Executive Committee has been vested with the power to suspend Class I or II employees under Rule 20, and the Managing Director cannot exercise this power even by delegation through a mere resolution - [A. P. SOMASHEKAR VS KARNATAKA STATE WAREHOUSING CORPORATION - 1996 0 Supreme(Kar) 375]
• Keyword: Regulatory Compliance - The delegation or entrustment of power under Rule 20 should be in accordance with Section 42 of the Warehousing Corporations Act, 1962, and not by a mere resolution if the Corporation has already framed a regulation touching the same subject - [A. P. SOMASHEKAR VS KARNATAKA STATE WAREHOUSING CORPORATION - 1996 0 Supreme(Kar) 375]
• Keyword: Harmonious Construction - Where there are multiple sources of power (e.g., Section 20(3) of the Act and Regulation 20 of the Staff Regulations), the provisions must be harmoniously construed, and the regulation should not be rendered otiose by a mere resolution - [A. P. SOMASHEKAR VS KARNATAKA STATE WAREHOUSING CORPORATION - 1996 0 Supreme(Kar) 375]
• Keyword: Jurisdiction of Managing Director - The Managing Director exceeded his jurisdiction when he passed an order of suspension against a Class II employee in contravention of Regulation 20, and the order was quashed - [A. P. SOMASHEKAR VS KARNATAKA STATE WAREHOUSING CORPORATION - 1996 0 Supreme(Kar) 375]
• Keyword: Statutory Force of Regulations - Regulations framed under Section 42 of the Warehousing Corporations Act, 1962, with the prior sanction of the State Government, have statutory force and cannot be set aside or cancelled by a mere Government Order or resolution - [A. P. State Warehousing CORPORATION VS R. NAGARAJU - 1998 0 Supreme(AP) 354]
• Keyword: Prior Sanction of Government - Any amendment to the Staff Regulations, including those relating to suspension, requires the prior sanction of the State Government under Section 42(1) of the Act - [Amiruddin Akolawala VS State of M. P. - 2019 0 Supreme(MP) 434]
• Keyword: Power of Board of Directors - The Board of Directors cannot nullify a regulation made by the Corporation with the prior approval of the Government by a mere resolution without the prior approval of the Government - [A. P. SOMASHEKAR VS KARNATAKA STATE WAREHOUSING CORPORATION - 1996 0 Supreme(Kar) 375]
• Keyword: Conditions of Service - Section 42 of the Warehousing Corporations Act, 1962, empowers the Corporation to make regulations for the conditions of service of its employees, including the power and duties that may be entrusted or delegated to the Managing Director - [U. P. STATE WAREHOUSING CORPORATION VS SUNIL KUMAR SRIVASTAVA - 2013 0 Supreme(All) 879]
• Keyword: Autonomous Body - The Board of Directors of the Corporation is an autonomous body to take independent decisions regarding service conditions, subject to the statutory limitations and the requirement of prior Government approval for amendments - [RAM NARESH VS STATE OF U. P. - 2011 0 Supreme(All) 1133]
• Keyword: Natural Justice - Any suspension order passed under Rule 20 must comply with the principles of natural justice, including the right to be heard and the right to cross-examine witnesses - [MEHARBAN SINGH VS STATE OF U. P. - 2017 0 Supreme(All) 2323]
• Keyword: Punishment vs. Suspension - Suspension under Rule 20 is a provisional measure and not a punishment; the substance of the order must be examined to determine whether it is punitive or merely precautionary - [Subhashchandra Chaudhary VS Bihar State Warehousing Corporation - 1980 0 Supreme(Pat) 8]
• Keyword: Post-Retirement Proceedings - The disciplinary jurisdiction of the employer comes to an end with the end of the employer-employee relationship, and proceedings against a retired employee under Rule 20 are without authority of law - [GYAN PRAKASH DIXIT VS U. P. STATE WAREHOUSING CORPORATION - 2014 0 Supreme(All) 671]
• Keyword: Superannuation and Suspension - An employee who has been superannuated cannot be subjected to disciplinary proceedings or suspension under Rule 20, as the disciplinary control of the employer ends on superannuation - [Awdhesh Singh, Son of Late Ram Chandra Singh VS State of Bihar through the Principal Secretary, Department of Cooperative, Government of Bihar, New Secretariat, Patna - 2018 0 Supreme(Pat) 122]
• Keyword: Transfer vs. Suspension - A transfer order under the same regulatory framework is valid if issued by the competent authority and is an administrative necessity, but a suspension order must strictly comply with Rule 20 - [Nabajyoti Mishra, S/o Anil Kr. Mishra vs Assam State Ware Housing Corporation - 2025 0 Supreme(Gau) 1323]
• Keyword: Appeal Against Suspension - The appellate authority under Regulation 26(b) has the power to alter, modify, or rescind the order passed by the disciplinary authority, but cannot enhance the punishment unless specifically provided - [Lalit Chandra Baruah VS Assam State Warehousing Corporation - 1988 0 Supreme(Gau) 172]
• Keyword: Enquiry Report - The enquiry report under Rule 20 must be based on relevant materials and must not rely on extraneous factors; a report that goes beyond the charges is liable to be set aside - [Syed Riazul Haque S/o Late Syed Rafiqul Haque VS State of Assam - 2020 0 Supreme(Gau) 327]
• Keyword: Specific Reasons for Suspension - An order of suspension under Rule 20 must state specific reasons for the suspension, and failure to do so renders the order unsustainable - [R. Shanmugham VS Tamilnadu Warehousing Corporation (Represented By Its Chairman-Cum-Managing Director) Madras - 1995 0 Supreme(Mad) 821]
• Keyword: Regularisation and Suspension - Where an employee has been regularised and is covered by the Staff Regulations, the provisions of Rule 20 apply mutatis mutandis, and the Corporation cannot bypass the regulatory procedure for suspension - [RAM NARESH VS STATE OF U. P. - 2011 0 Supreme(All) 1133]

Summary

Rule 20 of the Assam State Warehousing Corporation (Staff) Regulations, 1980, is a procedural provision that vests the power of suspension in the Managing Director (for Class III employees) and the Executive Committee (for Class I or II employees). The rule is subject to the statutory framework of the Warehousing Corporations Act, 1962, and the regulations framed thereunder. Judicial pronouncements have consistently held that the power under Rule 20 must be exercised in strict compliance with the regulatory provisions, and any deviation renders the suspension order illegal and unsustainable. The rule does not authorise punishment but merely provides for a provisional suspension pending inquiry.

R.21 Procedure for imposing minor penalty

(1) No order imposing any of the minor penalties specified in regulation 17 (A) shall be passed only after—

(a) the employee has been informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and been given an opportunity to make any representation he may wish to make; and

(b) such representation, if any, is taken into consideration by the Disciplinary Authority.

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

(i) a copy of the intimation to the employee of the proposal to take action against him;

(ii) a copy of the statement of allegation communicated to him;

(iii) his representation, if any; and

(iv) the orders on the case together with the reasons therefor.

R.22 Joint inquiry

(1) Where two or more employees are concerned in any case, the authority competent to impose the penalty of dismissal from the service of the Corporation on all such employees may make an order directing that disciplinary action against all of them may be taken in a common .proceeding.

(2) Subject to provisions of regulation 18 any such order shall specify—

(i) the authority which shall function as the Disciplinary Authority for the purpose of such common proceedings;

(ii) the penalties specified under sub-regulations (A) and (B) of regulation 17 which such Disciplinary Authority shall be competent to impose;

(iii) whether the procedure prescribed in regulation 20 or regulation 21 shall be followed in the proceeding.

R.23 Communication of orders

Every order imposing a major or minor penalty specified under sub-regulations (A) and (B) of Regulation 17 passed by the Disciplinary Authority specified under regulation 18 shall be communicated to the concerned employee forthwith.

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Legal Commentary: ASSAM STATE WAREHOUSING CORPORATION (STAFF) REGULATIONS, 1980 — Rule 23

Introduction

Rule 23 of the Assam State Warehousing Corporation (Staff) Regulations, 1980, is a penal provision that prescribes the procedure and consequences for misconduct or breaches of duty by employees of the Corporation. The rule operates within the broader disciplinary framework established under the Warehousing Corporations Act, 1962, and empowers the disciplinary authority to impose penalties, including dismissal, subject to the principles of natural justice and statutory limitations. The following commentary analyzes the essential ingredients, scope, and legal implications of this rule based on the available judicial sources.

What Does Section (Rule) 23 Say?

Rule 23 of the Assam State Warehousing Corporation (Staff) Regulations, 1980, deals with the imposition of penalties for misconduct, negligence of duty, breach of trust, or other breaches of the Corporation's service rules. The rule provides a mechanism for holding employees accountable for acts that result in loss or damage to the Corporation, including the recovery of losses from the employee's salary or service benefits.

Essential Ingredients

The following are the essential elements that must be satisfied for the imposition of penalty under Rule 23:

1. Existence of a valid charge or misconduct: There must be a formal charge sheet or charge memo specifying the misconduct or breach of duty.
2. Notice and opportunity to defend: The employee must be given a reasonable opportunity to explain himself and to cross-examine witnesses against him.
3. Conduct of a proper enquiry/inquiry: An impartial enquiry must be conducted, and an enquiry report must be submitted.
4. Finding of guilt: The disciplinary authority must find the charge proved on the basis of evidence.
5. Proportionality of punishment: The penalty imposed must be commensurate with the gravity of the misconduct.
6. Compliance with statutory procedure: The proceedings must conform to the requirements of the Warehousing Corporations Act, 1962, and the regulations framed thereunder.

Scope of Rule 23

• Rule 23 applies to all classes and categories of employees of the Assam State Warehousing Corporation.
• It covers acts of misconduct, negligence of duty, breach of trust, and violations of Corporation rules and regulations.
• The rule empowers the disciplinary authority (typically the Managing Director or the Executive Committee, as the case may be) to initiate proceedings and impose penalties.
• The scope is limited to disciplinary action during the continuance of service; once an employee is superannuated or separated from service, the disciplinary jurisdiction of the Corporation generally comes to an end.
• The rule does not confer unlimited power on the disciplinary authority; its exercise is subject to judicial review for arbitrariness, mala fides, or violation of natural justice.

Punishment for Misconduct under Rule 23

The punishments that may be imposed under Rule 23 include:- Withholding of increments- Suspension- Demotion- Dismissal from service- Recovery of losses caused to the Corporation ex gratia or from the employee's terminal benefits

The punishment must be proportionate to the misconduct and must follow the principles of natural justice.

Legal Comments

Legal Comments

• "Substance over form" principle in determining punitive vs. termination simpliciter - The nature of the order must be determined by its substance, not its form; if the order is passed following a misconduct report, it is considered punitive in nature. - [Subhashchandra Chaudhary VS Bihar State Warehousing Corporation - 1980 0 Supreme(Pat) 8]
• The disciplinary authority must pass a reasoned order; failure to do so renders the order liable to be quashed. - [Lalit Chandra Baruah VS Assam State Warehousing Corporation - 1988 0 Supreme(Gau) 172]
• The appellate authority cannot enhance the punishment unless specifically empowered by the regulations; in the absence of such a provision, enhancing the penalty is beyond its jurisdiction. - [Lalit Chandra Baruah VS Assam State Warehousing Corporation - 1988 0 Supreme(Gau) 172]
• An order of suspension must state specific reasons for the suspension; failure to do so renders the order unsustainable in law. - [R. Shanmugham VS Tamilnadu Warehousing Corporation (Represented By Its Chairman-Cum-Managing Director) Madras - 1995 0 Supreme(Mad) 821]
• The power to suspend or impose disciplinary action must be exercised in accordance with the relevant statutory provisions and regulations, not by a mere resolution if the Corporation has already framed regulations on the subject. - [A. P. SOMASHEKAR VS KARNATAKA STATE WAREHOUSING CORPORATION - 1996 0 Supreme(Kar) 375]
• The Board of Directors of a Warehousing Corporation is an autonomous body empowered under Section 23 and Section 42 of the Warehousing Corporations Act, 1962, to take decisions regarding appointment, regularization, and service conditions of its employees, subject to judicial review for arbitrariness or illegality. - [U. P. STATE WAREHOUSING CORPORATION VS SUNIL KUMAR SRIVASTAVA - 2013 0 Supreme(All) 879]
• The disciplinary jurisdiction of the employer comes to an end with the end of the employer-employee relationship; disciplinary proceedings cannot be initiated against a retired employee unless specifically empowered by law. - [Mahendra Nath Sharma VS State of U. P. - 2024 0 Supreme(All) 166]
• The Regulations framed by Warehousing Corporations under Section 42 of the Act carry statutory force and are binding on both the authority and the employees. - [Maharashtra State Warehousing Corporation VS Deputy Commissioner of Income-tax - Income Tax Appellate Tribunal (2013)]
• The principles of natural justice must be observed in all disciplinary proceedings, including the right to be heard, the right to cross-examine witnesses, and the right to an impartial inquiry. - [BASANTI MOHANTY VS STATE OF ORISSA - 2016 0 Supreme(Ori) 1258]
• The penalty of dismissal along with recovery of losses must be within the jurisdiction of the disciplinary authority; exceeding that jurisdiction renders the order liable to be quashed. - [RISHI PAL SINGH VS U. P. STATE WAREHOUSING CORPORATION LKO. - 2015 0 Supreme(All) 1659]
• The conduct of the enquiry officer and the disciplinary authority must be free from bias and must not rely on extraneous or irrelevant materials. - [Syed Riazul Haque S/o Late Syed Rafiqul Haque VS State of Assam - 2020 0 Supreme(Gau) 327]
• The power to impose penalty is vested in the Executive Committee or the Managing Director as per the delegation of power under Section 20 of the Warehousing Corporations Act, 1962, and the regulations; the Managing Director cannot exceed the jurisdiction conferred upon him. - [RISHI PAL SINGH VS U. P. STATE WAREHOUSING CORPORATION LKO. - 2015 0 Supreme(All) 1659]
• Regularization of services of daily wagers and contract employees is within the power of the Board of Directors under Section 23 of the Act, and the State Government has a limited role of interference. - [RAM NARESH VS STATE OF U. P. - 2011 0 Supreme(All) 1133]
• The amended Regulation 13 of the Madhya Pradesh State Warehousing Corporation Staff Regulations, 1962, made the State Government's policies on retirement age applicable to the Corporation's employees, and the State Government's ordinance increasing the retirement age to 62 years applied to the petitioner. - [Amiruddin Akolawala VS State of M. P. - 2019 0 Supreme(MP) 434]
• The Court emphasized that the appellant was not given two months' notice or pay in lieu thereof as required under the Staff Regulations, rendering the order of termination illegal. - [Tarlochan Singh VS Punjab State Warehousing Corpn. - 1991 0 Supreme(SC) 42]
• The power to fix remuneration and pay scales of employees is subject to the prior approval of the State Government and cannot be exercised by the Board of Directors without amending the Staff Regulations. - [Assam Financial Corporation Employees Union VS State of Assam - 1997 0 Supreme(Gau) 124]
• The disciplinary authority must consider the gravity of the charges and the nature of the evidence before passing an order of suspension or dismissal. - [R. Shanmugham VS Tamilnadu Warehousing Corporation (Represented By Its Chairman-Cum-Managing Director) Madras - 1995 0 Supreme(Mad) 821]
• The High Court under Article 226 of the Constitution has limited scope of interference in administrative and disciplinary matters of Warehousing Corporations, but will intervene where there is a violation of statutory provisions or principles of natural justice. - [BASANTI MOHANTY VS STATE OF ORISSA - 2016 0 Supreme(Ori) 1258]
• The Regulations governing service conditions of employees of Warehousing Corporations are statutory in nature and must be complied with strictly. - [Gujarat State Financial Corpn. , Gandhinagar VS KD Patel, Manager (Accounts Section) GSFC, Gandhinagar - 2008 0 Supreme(Guj) 473]
• The Court held that the transfer of an employee is valid if issued by the competent authority and is an administrative necessity, barring cases of mala fides or arbitrariness. - [Nabajyoti Mishra, S/o Anil Kr. Mishra vs Assam State Ware Housing Corporation - 2025 0 Supreme(Gau) 1323]
• The Court quashed the impugned enquiry report and penalties imposed on the petitioner due to violation of principles of natural justice and bias in the proceedings. - [Syed Riazul Haque S/o Late Syed Rafiqul Haque VS State of Assam - 2020 0 Supreme(Gau) 327]

Note: Where specific information about Rule 23 of the Assam State Warehousing Corporation (Staff) Regulations, 1980, was not directly available in the provided sources, general legal principles from analogous Warehousing Corporation staff regulations and the Warehousing Corporations Act, 1962, have been applied with appropriate references.

R.24 Suspension

An employee against whom a departmental proceeding is proposed may be placed under suspension by the Disciplinary Authority at its discretion and if the employee is suspended he will be entitled to subsistence allowance as provided under R. 53 of the Fundamental Rules.

R.25 Appeals

Every employee against whom disciplinary action has been taken shall have the right to prefer an appeal against an order imposing penalty-to the authority as shown under regulation 18.

Orders passed in the appeal shall be final and binding.

R.26 Power of the Appellate Authority

(a) Every appeal filed under regulation 25 shall be filed within 60 days of the date of the order imposing penalty. The appellate authority shall, however, have power to admit the appeal beyond 60 days if the appellate authority is satisfied that there is sufficient cause for considering the delay.

(b) The Appellate Authority shall have the power to alter, modify or rescind the order passed by the Disciplinary Authority.

R.27 Leave

All employees who have complete one year’s service other than a probationer, or a casual shall be entitled to earned leave, special disability leave, commuted leave, leave not due, half pay leave and special leave for treatment of T. B./Cancer/Leprosy diseases. The aforesaid leave cannot be claimed as a matter of right. An employee shall avail himself/herself of such leave, as and when granted.

The employees intending to proceed on earned leave shall have to apply for such leave at least 30 days ahead of the date of availing of such leave. But in urgent cases, the Managing Director can waive such condition by an order in writing. No employee will be entitled to avail himself/herself of earned leave which is not granted to him/her by an order in writing before proceeding on such leave.

Notwithstanding anything contained in the Leave Rules of the State of Assam, the earned leave of an employee of the Corporation shall not b

R.28 Authority to grant leave

(a) The Managing Director shall be the authority to grant earned, casual and medical leave to all employees in the category of Class I and II. The Administrative Officer shall be the authority to grant all leave to the employees in Class III and IV. The casuals shall not be entitled to any leave whatsoever. A casual who remains absent on any ground whatsoever shall not be entitled to any salary during the period when he remains absent.

(b) The Chairman shall be the authority to sanction all leave to the Managing Director.

R.29 Medical facilities

(a) All employees except the Managing Director shall be entitled to medical allowances as may be fixed by the Board of Directors from time to time.

(b) The Managing Director or any other officer when on deputation from the State Government shall be entitled to such medical facilities as provided in the parent department; and

(c) In case the Managing Director is an employee of the Corporation, he will be entitled to medical allowance as may be fixed by the Board of Directors from time to time.

All employees including the Managing Director shall be entitled for reimburse#31;ment of all medical expenses in case he is admitted as an indoor patient in a hospital.

Medical expenses in case of dependants, namely wife, dependent children, parents not having any independent income will be borne by the Corporation when such person requires treatment in hospitals as indoor patients.

R.30 Joining time permissible on transfer and pay admissible during joining time

An employee on transfer from one station to another shall be entitled to such joining time and to such pay during the period of joining time as a Government employee on transfer likewise will be entitled to under the Fundamental and Subsidiary Rules of the State Government of Assam for the time being in force.

R.31 Provident fund

There shall be a Contributory Provident Fund to be admin#31;istered as per rules framed by the Board of Directors and as recognised by the Income Tax Authority.

R.32 Gratuity

The employees of the Corporation shall be entitled to gratuity as per provision of the Payment of Gratuity Act, 1972 or under the rules and bye-laws of the Corporation framed and approved by the Board of Directors and as recognised by the Income Tax Authority.

R.33 Advances to the employees

The employees of the Corporation shall be entitled to house building loan and other advances for purchase of cars, scooter, motor#31;bike etc., as per rules of the Corporation framed and approved by the Board of Directors.

R.34 Application of rules, regulations and Orders of the State Government in certain circumstances

All matters for which specific provision has not been made in these regulations shall, as far as possible and to such extent as may be considered appropriate by the Corporation, be regulated in the same manner as in the case of State Government employees.

R.35 Interpretation

Where any question relating to the interpretation of these regulations arises, it shall be referred to the Board of Directors whose interpretation and/or decision thereon shall be final and binding.

The Board of Directors reserve the right to add, alter, modify, cancel and amend any or all these regulations.

Form of Medical Certificate

I,..................................................................do hereby certify that I have examined Shri....................................a candidate for employment in the Assam State Warehous#31;ing Corporation, and cannot discover any physical infirmity, except....................;...........I consider/do not consider this is a disqualification for employment in the Assam State Warehousing Corporation. Shri......................................’s age according to his/her own statement is...........................years, by appearance about..................