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MISCONDUCT

ABOUT

“MISCONDUCT” in the context of this Code of Conduct shall mean wrong or improper action or behaviour backed by deliberate mala fide intent. It shall not be mere error, omission or inefficiency, but willful negligence, disobedience and insubordination. Identification and determination of misconducts and corresponding disciplinary action/s thereon as detailed in this section have been framed in the spirit of the Bengal Model Standing Orders.

An illustrative list of misconducts is given below:

  1. Willful insubordination or disobedience, impertinence, whether alone or in combination with another or others, of any lawful and reasonable order of a superior.
  2. Any act subversive to discipline, cleanliness and efficiency, and any act involving moral turpitude committed within the premises of the establishment and outside, if the same has a bearing on the services of other employees in the establishment.
  3. Theft, fraud or dishonesty in connection with the employer”s business or property, or with those of other employees, if and as proven.
  4. Accepting bribes or illegal gratification in any form from any person who is associated with the business of the company (e.g. customer, vendor, dealer, DSA, MBA etc.).
  5. Any act interpretable as a breach of honesty or integrity in any manner directly/indirectly established.
  6. Habitual absence without leave, absence without sufficient cause/s, or unauthorized absence for more than 10 consecutive days.
  7. Habitual late attendance.
  8. Habitual negligence or neglect of work.
  9. Drunkenness, fighting, riotous, indecent or disorderly behaviour or conduct likely to cause breach of peace, or conducts endangering the life or safety of any other person.
  10. Causing damage to work in progress or to any other property of the establishment.
  11. Loitering, idling or wasting time during office hours.
  12. Disclosing to any unauthorized person/s any information, policy or procedure in regard to the working of the establishment that comes into the possession of the employee during the course of his/her work.
  13. Refusal to proceed on outstation duties, to carry out any duty assigned at any other place, or refusal to comply with any order/s of transfer.
  14. Threatening or intimidating any employee or inflicting an assault on any employee within the premises of the establishment.
  15. Refusal to accept a charge sheet, suspension order, memo/notice or letter, or any order given by a superior, either himself or through a messenger or peon (including a courier service).
  16. Refusal to give evidence in any enquiry against any other employee charged with any misconduct and/or misbehaviour with the Enquiry Officer, or witnesses during the pendency of disciplinary proceedings.
  17. Obtaining leave of any kind on a false pretext, or taking employment or interfering with records either pertaining to himself / herself or to any other employee.
  18. Giving false information regarding name, age, father”s name, spouse”s name, qualifications or any other previous service particulars.
  19. Habitual breach of any of the Standing Orders or instructions issued thereunder from time to time, or frequent repetition of any misconduct or act of omission.
  20. Conviction in any Court of Law for a criminal offence.

NB : The acts of misconduct enumerated above are only illustrative, not exhaustive. The management reserves the right to construe any act/activity prejudicial to the norms/functions/activities/interests of the Company as “Misconduct” and to initiate appropriate disciplinary action/s in respect thereof.