(1) No order imposing any of the major penalties specified in clause (e), (f), (g) and (h) of regulation 27 shall be made except after an enquiry held in the manner hereinafter provided.
(2) Whenever the disciplinary authority or an authority to which it is subordinate is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or inquire into, or appoint any officer of the Authority (Serving / retired) or any public servant hereinafter called the inquiring authority to inquire into the truth or otherwise thereof.
Provided that in case, investigated by Central Bureau of Investigation or the Central vigilance Commission, the Disciplinary Authority may nominate an officer of the said Bureau or the Commission, as the case may be, as the Inquiring authority.
Explanation – The Public Servant shall mean and include as mentioned in Section 21 of Indian Penal Code as amended from time to time.
(3) Where it is proposed to hold an inquiry, the disciplinary authority or an authority to which it is subordinate shall frame definite charges on the basis of the allegations against the employee, the articles of charges, together with a statement of the allegations, on which they are based, a list of documents by which and a list of witnesses by whom, the charges are proposed to be established shall be communicated in writing to the employee, who shall be required to submit within such time as may be specified by the disciplinary authority (not being less than 15 days from the date of receipt of the communication), a written statement whether he admits or denies all or any of the charges.
(4) On receipt of the written statement of the employee, or if no such statement is received within the time specified, an enquiry may be held by the disciplinary authority itself, or by any other officer of the authority appointed as an inquiring authority under sub-regulation (2).
Provided that it may not be necessary to hold an inquiry in respect of the charges admitted by the employee in his written statement. The disciplinary authority shall, however, record its findings on each such charge.
(5) Where the disciplinary authority itself inquires or appoints an inquiring authority for holding an inquiry, it may by an order appoint an employee (herein after referred to as the presenting officer) to present on its behalf the case in support of the articles of charge.
Provided that in cases investigated by the Central Bureau of Investigation or the officer of the said Bureau or the Commission has been appointed as the Inquiring Authority, the Disciplinary Authority may nominate an employee or officer of the said Bureau or the Commission as the case may be, as the Presenting Officer.
(6) The employee may take the assistance of any other employee as Defence Assistant of the Authority (serving / retired) posted in any other office either at his headquarters or at the place where the enquiry is held, to present the case on his behalf, but may not engage a legal practitioner for the purpose, unless the presenting officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority having regard to the circumstances of the case, so permit.
Provided that the employee may take the assistance of any other employee posted at any station, if the Inquiring Authority having regard to the circumstances of the case, and for reason to be recorded in writing so permits.
Note - An employee shall not take the assistance of any Airports Authority of India Employee (serving or retired) who has two pending Disciplinary cases on hand in which he has to function as Defence Assistant.
(7) On the date fixed by the inquiring authority, the employee shall appear before the inquiring authority at the time, place and date specified in the notice. The inquiring authority shall ask the employee whether he pleads guilty, or has any defence to make, and if he pleads guilty to any of the charges, the inquiring authority shall record the plea, sign on record and obtain the signature of the employee concerned thereon. The inquiring authority shall return a finding of guilt in respect of those charges to which the employee concerned pleads guilty.
(8) If the employee does not plead guilty, the inquiring authority shall adjourn the case to a later date not exceeding thirty days after recording an order that the employee may, for the purpose of preparing his defence :-
(a) inspect the documents listed with the charge sheet;
(b) submit a list of additional documents and witnesses that he wants to examine;
and
(c) be supplied with copies of the statements of witnesses if any listed in the charge sheet.
Note - Relevancy of the additional documents and the witnesses referred to in clause (ii) of this sub-regulation will have to be explained by the employee concerned and the documents shall be called for and the witnesses shall be summoned, if the inquiring authority is satisfied about their relevance to the charges under inquiry.
(9) The inquiring authority shall by notice require the authority in whose custody or possession the documents are kept, for the production of the documents on such date as may be specified.
(10) The authority, which has in its custody or possession, the requisitioned documents shall arrange to produce the same before the inquiring authority on the date, place and time specified in the notice of requisition:
Provided that the authority, having the custody or possession of the requisitioned documents, may claim privilege, if the production of such documents will be against the public interest or the interest of the Authority. In that event, it shall inform the inquiring authority accordingly who shall take a final decision in the matter.
(11) On the date fixed for the inquiry, the oral and documentary evidence by which the charges are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the presenting officer and may be cross-examined by or on behalf of the employee. The presenting officer shall be entitled to reexamine the witnesses on any points on which they have been cross-examined, but not on a new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(12) Before the close of the case for the disciplinary authority, the inquiring authority may, in its discretion, allow the presenting officer to produce evidence not included in the charge-sheet or may itself call for new evidence or recall or re-examine any witness, who has been so summoned.
(13) When the case for the disciplinary authority is closed, the employee may be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the presenting officer, if any.
(14) The evidence on behalf of the employee shall then be produced. The employee may examine himself in support of his case if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross examination, re-examination and examination by the inquiring authority accordingly to the provisions applicable to the witnesses for the disciplinary authority.
(15) The inquiring authority may, after the employee closes his case and shall, if the employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.
(16) The Inquiring Authority may, after completion of the production of evidence, hear the Presenting Officer, if any, appointed, and the employee, or permit them to file written briefs of their respective cases, if they so desire.
(17) If the employee does not submit the written statement of defence referred to in subregulation (3) on or before the date specified for the purpose or does not appear in person or through the assisting officer or otherwise fails or refuses to comply with any of the provisions of these regulations, the inquiring authority may hold the enquiry ex-parte.
(18) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself;
Provided that if the succeeding inquiring authority is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re-examine any such witnesses as herein before provided.
(19) (I) After the conclusion of the inquiry, a report shall be prepared and it shall contain :-
(a) the article of the charges and the statement of the imputations of misconduct or misbehaviour ;
(b) list of the defence of the employee in respect of each charge ;
(c) an assessment of the evidence in respect of each charge ; and
(d) the findings on each charge and the reasons therefor.
Explanation - If in the opinion of the inquiring authority the proceedings of the inquiry establish any charge different from the original charges, it may record its findings on such charge.
Provided that the findings on such charge shall not be recorded unless the employee has either admitted the facts on which such charge is based or has had a reasonable opportunity of defending himself against such charge.
(II) The inquiring authority, where it is not by itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include :-
(a) the report of the inquiry prepared by it under sub-clause (I)
(b) the written statement of defence if any submitted by the employee referred to in sub-regulation (13) ;
(c) the oral and documentary evidence produced in the course of the inquiry ;
(d) written briefs referred to in sub-regulation (16), if any ; and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.