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Chapter-6 

Chapter-6 Conduct, Penalties and Appeal
25. Conduct : Working journalists shall observe the conduct as prescribed.
26. Penalties :

(1) The Manager may impose any of the following punishments on a working journalist who does not observe conduct attached to his or her post:
(a) Ordinary punishment:
(1) Censure;
(2) Withholding of a maximum of Two salary  increments; or
(b) Special punishment: Removal from service.
(2) If the performance of any working journalist is not satisfactory or he or she commits breach of discipline, the Manager may impose ordinary punishment on him or her.
(3) In any of the following circumstances, the Manager may impose a special punishment on a working journalist:
(a) If he or she frequently violates the matters relating to conduct,
(b) If he or she frequently commits breach of discipline;
(c) If he or she frequently fails to fulfill the duties of his or her;
(d) If he she remains absent from his or duty for more than Sixty days without having a leave sanctioned or
giving information to the Manager.
27. Powers to suspend : (1) If the investigation of any charge mentioned in Section 26 is to be conducted in respect of any working journalist, the Manager may suspend such a civil employee until the conclusion of the
investigation.
Provided that, generally suspension shall not be ordered unless the following circumstance exists:
(a) Where there is a possibility that the working journalist can collect false evidence or conceal any
evidence against him or her if he or she is not suspended and is allowed to carry out the duties of
his or her post, or
(b) Where there is a possibility of loss  or damage to the communication enterprise if he or she is not
suspended and is allowed to carry out the duties of his or her post.
(2) In suspending a working journalist pursuant to Sub-section
(1), he or she shall not be suspended ordinarily for more than Three months.
(3) If any working journalist is reinstated in his or her post or is removed from service, his or her suspension shall stand terminated.
(4) A working journalist who is suspended pursuant to Sub- section (1) shall be entitled to half the remuneration during the period of such suspension, and if he or she is acquitted of the charge made against him or her, he or she shall be entitled to full remuneration during the period of such suspension.

28. Providing opportunity for defense : (1) The Manager must, prior to issuing an order of punishment to any working journalist, serve on him or her a notice, explaining the reason for taking such action and give an
opportunity to defend him or herself within a reasonable time limit. In giving such an opportunity, the charge against him or her must be clearly indicated and the facts and grounds on which each charge is based must
be specified.
29. To propose punishment prior to issuance of order of special punishment : If the concerned working journalist does not submit defense within the time given by the Manager for the submission of defense pursuant to Section 28 or if the defense submitted by such working journalist is not satisfactory, the Manager must, prior to issuing
an order of special punishment, ask such a working journalist to furnish  an explanation why the proposed punishment intended to be imposed on him or her should not be imposed on, within a reasonable time limit in
this respect.
30. Imposition of punishment : If the concerned working journalist does not submit defense or explanation pursuant to Section 28 or 29 or if the defense submitted is not satisfactory and punishment is to be imposed on the working journalist, the Manager may impose any punishment as  referred to in Section 26.

31. Appeal : A person who is not satisfied with punishment imposed by the Manager pursuant to Section 30 may make an appeal to the Labor Court established under the laws in force within Thirty Five days.

2 Comments

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