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 rule 11 as far as may be.
(2) The Disciplinary Authority shall, if it disagrees with the findings of the Inquiring Authority on any article of charge record its reasons for such dis-agreement and record its own findings on such charge if the evidence on record is sufficient for the purpose.
(3) If the Disciplinary Authority having regard to its findings, on all or any of the articles of charge is of the opinion that 1[one or more of the penalties specified in rule 8] should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 12, make an order imposing such penalty:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the Disciplinary Authority to the Commission for its advice on the penalties proposed to be imposed on the Government servant and such advice shall be taken into consideration before making any order imposing any penalty on the Government servant.
(4) 1[x x x ]
1. Sub-rule (3) has been amended by Notification No. DPAR 70 SSR 76, dated 15-1-1977 and sub-rule (4) deleted. KGD 20-1-1977 GSR 29.
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