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Section 9: Report of the Inquiry Committee

Judges Inquiry Rules 1969Central Rules · 1968

(1) Where the members of the Inquiry Committee are not unanimous, the report submitted by the Inquiry Committee under section 4 shall be in accordance with the findings of the majority of the members thereof.

(2) The presiding officer of the Inquiry Committee shall—

(a) cause its report to be prepared in duplicate,

(b) authenticate each copy of the report by putting his signature thereon, and (c"> forward, within a period of three months from the date on which a copy of the charges framed under sub-section (3) of section 3 is served upon the Judge, or, where no such service is made, from the date< of publication of the notice referred to in sub-rule (3) of rule 5, the authenticated copies of the report to the Speaker or Chairman by whom the Committee was constituted, or where the Committee was constituted jointly by them, to both of t hem:

SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 619

Provided that the Speaker or Chairman, or both of them (where tht Committee was constituted jointly by them), may, for sufficient cause, extend the time within which the Inquiry Committee shall submit its report.

(3) A copy of the report of the Inquiry Committee, authenticated in the manner specified in sub-rule (2), shall be laid before each House of Parliament.

(4) Where the majority of the members of the Inquiry Committee makes a finding to the effect that the Judge is guilty of a misbehaviour or that he suffers from aa incapacity, but the third member thereof makes a finding to the contiary, the presiding officer of the Inquiry Committee shall authenticate, in the maimer specified in sub-rule (2), the finding made by such third member, in duplicate and shall forward the same along with the report submitted by him under section 4.

(5) An authenticated copy of the finding made by third member, referred to in sub-rule (4), shall also be laid before each House of Parliament.

(6) Where the majority of the members of the Inquiry Committee makes a finding to the effect that the Judge is not guilty of any misbehaviour or that he does not suffer from any incapacity, and the third member thereof makes a finding to the contrary, the Inquiry Committee shall not disclose the finding made by such third member to Parliament or to any other authority, body or person.

10. Recording of evidence—(1) The evidence of each witness examined by the Inquiry Committee shall be taken down in writing under the personal direction and superintendence of the presiding officer thereof and the provisions of thi Code of Civil Procedure, 1P08 (5 of 1908), shall, so far as may be, apply to the examination of any witness by the Inquiry Committee.

(2) A copy of the evidence, oral and documentary, received by the Inquiry Committee shall be laid before eagh House of Parliament along with the report laid before it under section 4.

Where this provision sits

ActJudges Inquiry Rules 1969
Section9
Marginal noteReport of the Inquiry Committee
JurisdictionCentral
StatusIn force as published by the source

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