94. . (1) Where the services of an employee are lent to any other authority (hereinafter in this regulation referred to as "the borrowing authority"), the borrowing authority shall have the powers of the appointing authority for the purpose of placing such employee under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceeding against him: Provided that the borrowing authority shall forthwith inform the Authority, (hereinafter in this regulation ... ... ...

93. Notwithstanding anything contained in Regulation 88 to Regulation 92- (a) where any penalty is imposed on an employee on the ground of conduct which has led to her conviction on a criminal charge, or (b) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these regulations, or (c) where the Competent Authority is satisfied that in the interes... ... ...

92. (1) Where two or more employees are concerned in any case, the authority competent to impose the penalty of dismissal from service on all such employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding. Note : If the authorities competent to impose the penalty of dismissal on such employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the con... ... ...

91. Orders made by the disciplinary authority shall be communicated to the employee who shall also be supplied with a copy of its finding on each article of charge, or where the disciplinary authority is not the inquiring authority, a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority. =============... ... ...

90. (1) Subject to the provisions of sub-regulation (4) of Regulation 89, no order imposing on an employee any of the penalties specified in sub-clause (i) to (v) of clause (a) of sub-regulation (1) of Regulation 87 shall be made except after- (a) informing the employee in writing of the proposal to take action against her and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving her reasonable opportunity of making such representation as s... ... ...

89. (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of Regulation 88, as far as may be. (2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary author... ... ...

88. (1) No order imposing any of the penalties specified in sub-clauses (i) to (v) of clause (b) of sub- regulation (1) of Regulation 87 shall be made except after an inquiry held, as far as may be, in the manner provided in this Regulation. (2) Notwithstanding anything contained under these regulations, whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itsel... ... ...

87. (1) Without prejudice to the other provisions of these regulations, an employee who commits a breach of any regulation of the Authority or who displays negligence, inefficiency or indolence, or who knowingly does anything detrimental to the interests of the Authority or in conflict with its instructions, or who commits a breach of discipline or is guilty of any other act of misconduct, shall be liable to the following penalties: (a) Minor - (i) censure; (ii) w... ... ...

86. (1) The appointing authority or any authority to which it is subordinate, or the disciplinary authority or any other authority empowered in that behalf by the Authority, by general or special order, may place an employee under suspension- (a) where a disciplinary proceeding against her is contemplated or is pending; or (b) where, in the opinion of the aforesaid authority, she has engaged herself in activities prejudicial to the interest of the security of the State; or ... ... ...

85. (1) No employee shall indulge in any act of sexual harassment of any women employee at the workplace. (2) For the purpose of sub-regulation (1), sexual harassment shall have the same meaning as assigned to it in the Sexual Harassment of Women at WorkPlace (Prevention, Prohibition and Redressal) Act, 2013 (3) Any complaint of violation of sub-regulation (1) shall be dealt with by the Internal Complaints Committee set up by the Authority in accordance with the Sexual Harassment of Wo... ... ...

84. (1) An employee shall not misuse any facility or concession granted by the Authority including the allotted residential accommodation, if any. (2) Save as otherwise expressly permitted by the Authority, no employee shall, sub-let, lease or otherwise allow occupation by any other person, of Authority's residential accommodation allotted to her, if any. (3) An employee if allotted a residential accommodation, shall vacate the same after the determination / cancellation of her all... ... ...

83. No employee shall, in any broadcast, telecast through any electronic media, any document published in her own name or anonymously, pseudonymously, in the name of any other person, in any communication to the press, or in any public utterance, make any statement of fact or opinion which has the effect of an adverse criticism of any current or recent policy or action of the Authority or the Government. =============... ... ...

82. No employee shall address any appeal, representation or petition to any outside authority or person in respect of a matter pertaining to her service in the Authority, and any such act shall be deemed to constitute breach of discipline. =============... ... ...

81. (1) No employee shall, except with the previous sanction of the Competent Authority, have recourse to any Court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of a defamatory character; Provided that if no such sanction is received by the employee within a period of 30 (thirty) days from the date of receipt of her request by the Competent Authority, she shall be free to assume that the permission as sought for h... ... ...

80. (1) Save as otherwise provided under these regulations, an employee who is arrested for non-repayment of debt or on a criminal charge or is detained in pursuance of any process of law, shall be considered to be under deemed suspension from the date of her arrest or of her detention, as the case may be, up to such date or such other period as the Competent Authority may direct. (2) For the period during which an employee is considered to be under deemed suspension, she shall be allowed... ... ...

79. (1) An employee shall so manage her private affairs as to avoid habitual indebtedness or insolvency. (2) An employee against whom any legal proceeding is instituted for the recovery of any debt due from her or for adjudging her as an insolvent, shall forthwith report the full facts of the legal proceedings to the Competent Authority. (3) An employee who is in debt shall furnish to the Competent Authority a signed statement of her position half-yearly on the 30th June and 31st Decem... ... ...

78. (1) An employee shall strictly abide by law relating to intoxicating drinks or drugs in force in an area in which she may happen to be posted for the time being. (2) It is also the duty of the employee to ensure that: (a) She takes due care that the performance of her duty is not affected in any way by the influence of any intoxicating drink or drug; (b) She does not appear in public place in a state of intoxication; Explanation. - For the purposes of this R... ... ...

77. No employee shall participate, either directly or indirectly, in an auction conducted by the Authority for sale of movable or immovable properties in pursuance of recovery proceedings initiated, if any, under the Act or any enactments listed in the First Schedule to the Act. =============... ... ...

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA AND HON'BLE MR. JUSTICE J.B. PARDIWALA For the Appellant : Mr. Sidharth Barua, Adv. Mr. Praful Jindal, Adv. Mr. Faisal Sherwani, AOR For the Respondent : Ms. Vaishnavi Viswanathan, Adv. Mr. Arunava Mukherjee, AOR ORDER 1 We find no error in the order of the National Company Law Appellate Tribunal, Principal Bench, New Delhi dated 15 November 2022 in Company Appeal (AT) (Insolvency) No 658 of 2022. ... ... ...

76. (1) No employee shall; (a) Encourage representatives of any outside agencies to meet her at her residence/temporary headquarters while on tour, or for discussion on official matters; (b) Engage in oral clarifications and personal discussions with an IFSC Unit or public on matters relating to official dealings, except where necessary, while keeping her superior informed about such discussion, and shall ordinarily ensure that all such communications are conducted in writi... ... ...