(1) If a written complaint, alleging any definite charges of misbehaviour or incapacity to perform the functions of the office in respcet of a Presiding Officer is received by the Central Government, it shall make a preliminary scrutiny of such complaint.
(2) If, on preliminary scrutiny, the Central Government considers it necessary to investigate into the allegation, it shall place the complaint together with other material as may be available, before a Committee consisting of the following officers to investigate the charges of allegations made in the complaint, namely:—
(i) Secretary (Coordination and Public Grievances), Cabinet Secretariat —Chairman;
(ii) Secretary, Ministry of Finance, —Member;
Department of Financial Services (iifj Secretary, Department of Legal Affairs,—Memb Ministry of Law and Justice
(3) The Committee shall devise its own proced and method of investigation which may include record of evidence of the complainant and collection of matei relevant to the inquiry which may be conducted by a Juc of the High Court under these rules.
(4) The Committee shall submit its findings to 1 President as early as possible within a period that may specified by the President in this behalf.
5. Judge to conduct inquiry,—(l)IfthePresidem of the opinion that there are reasonable grounds for maki an inquiry into the truth of any imputation of misbehavio or incapacity of a Presiding Officer, he shall make a referen to the Chief Justice of India, requesting him to nominate Judge of a High Court to conduct the inquiry.
(2) The President shall, by order, appoint the Jud;
of the High Court nominated by the Chief Justice of Ind for the purpose of conducting the inquiry.
(3) Notice of appointment of a Judge under sub-ru
(2) shall be given to the Presiding Officer concerned.
(4) The President shall forward to the Judge a cop of—
(a) the articles of charges against the Presidin Officer concerned and the statement of imputatiot
(b) the statement of witnesses, if any; and
(c) material documents relevant to the inquiry.
(5) The Judge appointed under sub-rule (2) sha.;
complete the inquiry within such time or 'jrther time a may be specified by the President.
(6) The Presiding Officer concerned shall be given i reasonable opportunity of presenting a written statemen of defence within such time as may be specified in thi:
behalf by the Judge.
(7) Where it is alleged that the Presiding Officei concerned is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Presiding Officer by such Medical Board as may be appointed for the purpose by the President and the Presiding Officer concerned shall submit himself to such medical examination within the time specified in this behalf by the Judge.
(8) The Medical Board shall undertake such medical examination of the Presiding Officer as may be considered necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Presiding Officer unfit to continue in office.
(9) If the Presiding Officer refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge stating therein the examination which the Presiding Officer 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] has refused to undergo, and the Judge may, on receipt of such report, presume that the Presiding Officer suffers from such physical or mental incapacity as is alleged in the complaint.
(10) The Judge may, after considering the written statement of the Presiding Officer and the Medical Report, if any, amend the charges referred to in clause (a) of subrule (4) and in such a case, the Presiding Officer shall be given a reasonable opportunity of presenting a fresh written statement of defence.
(11) The Central Government shall appoint an officer of that Government or an advocate to present the case against the Presiding Officer.
(12) Where the Central Government has appointed an advocate to present its case before the Judge, the Presiding Officer concerned shall also be allowed to present his case by an advocate chosen by him.