(1) No order imposing any of the penalties specified as per Rule 27 and Karnataka Civil Service (C.C.A.) Rule 1957 shall be made except after an inquiry held, as far as may be, in the manner provided in these rules.
(2) Where it is proposed to hold an inquiry against an employee of a private aided Pre- University college under this rule, the Director or the managing committee as the case may be shall draw up,-
(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charges;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charges, which shall contain,-
(a) a statement of all relevant facts including any admission or confession made by the employee;
(b) a list of documents by which, and list of witnesses by whom, the articles of charge are proposed to be sustained.
(3) The Director or the concerned Managing Committee as the case may be shall deliver or cause to be delivered to the employee of a private aided Pre-University college a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charges is proposed to be sustained and shall require the employee to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.
(4) On receipt of the written statement of defence the Director or the Managing Committee as the case may be, may appoint, under sub-rule (4) of rule-28, an enquiry officer for the purpose, and where all the articles of charges have been admitted by the employee in the employee's written statement of defence, the enquiry officer shall record the findings on each charge after taking such evidence as the enquiry officer may think fit and shall submit a report to the Director or the managing committee findings in respect of each article of charges, and the reasons thereof.
(5) If no written statement of defence is submitted by the employee, the Director may enquire into the articles of charge or, if the Director considers it is necessary to do so, may appoint under sub-rule (4) of rule 29, an enquiry officer for the purpose.
(6) Where the Director appoints an Inquiry officer for holding an inquiry into such charge, the Director by an order, may appoint an officer or an employee of the Department as "Presenting Officer" to present the case in support of the articles of charge.
(7) The Director or Managing Committee as the case may be shall forward to the enquiry officer, -
(i) a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any, submitted by the employee;
(iii) a copy of the list of witnesses, if any, referred to in sub-rule (2);
(iv) a copy of the list of documents, if any, referred to in sub-rule (2);and
(v) a copy of the order appointing the "Presenting Officer.
(8) The employee of a private Pre-University college shall appear in person before the enquiry officer on such day and at such time as the enquiry officer may, by a notice in writing, specify in this behalf if the employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the enquiry officer, such officer shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the enquiry officer shall record the plea, sign the record and obtain the signature of the employee thereon.
(9) The employee may take the assistance of any colleague or an employee or a retired employee to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the Director or Managing Committee as the case may be is a legal practitioner, or, the Director, having regard to the circumstances of the case, so permits:
Provided that if the retired employee is also a Legal Practitioner, the employee shall not engage such person unless the Presenting Officer appointed by the Director or Managing Committee in the case may be is Legal Practitioner or the Disciplinary Authority having regard to circumstances of the case, so permits.
(10) The Inquiry officer shall return a finding of guilt in respect of those articles of charge to which the employee pleads guilty.
(11) The Inquiry officer shall, if the employee fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charges, and adjourn the case to a later date not exceeding thirty days, after recording the reasons that the employee may for the purpose of preparing the employee's defence,-
(i) inspect within five days of the order or within such further time not exceeding five days as the enquiry officer may allow, the documents specified in the list referred to in sub-rule(2) ;
(ii) submit a list of witness to be examined on his behalf;
(iii) apply orally or in writing to inspect and take extracts of the statements, if any, of witness mentioned in the list referred to in sub rule-(2) and the enquiry officer shall permit him to take such extracts as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority;
(iv) give a notice within ten days of the order or within such further time not exceeding ten days as the enquiry officer may allow for the discovery or production of any documents which are in the possession of the Department or the management but not mentioned in the list referred to in sub-rule (2):
Provided that the employee shall indicate the relevance of the documents required by him to be discovered or produced by the Department or the managing committee.
(12) The Inquiry officer shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the document by such data as may be specified in such requisition:
Provided that the Inquiry officer, for reasons to be recorded in writing may refuse to requisition such of the documents as are, in his opinion, not relevant to the case.
(13) On receipt of the requisition referred to in sub-rule (11), every authority having the custody or possession of the requisitioned documents shall produce the same before the Inquiry officer :
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the enquiry officer accordingly and the enquiry officer shall, on being so informed, communicate the information to the employee and withdraw the requisition made by it for the production or discovery of such documents.
(14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the employer.
The witnesses shall be examined by or on behalf of the Presenting Officer and may be crossexamined 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 any new matter, without the leave of the enquiry officer. The Inquiry officer may also put such questions to the witnesses as he thinks fit.
(15) If it, appears necessary before the close of the case, the Inquiry officer may allow the Presenting Officer to produce evidence not included in the list given to the employee or may call for new evidence or recall and re-examine any witness and in such case the employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and day to which the inquiry is adjourned.
The enquiry officer shall give the employee an opportunity of inspecting such documents before they are taken on the record. The Inquiry officer may also allow the employee to produce new evidence, if he is of the opinion that the production of such evidence is necessary in the interests of justice.
Note: New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called only when there is an inherent lacuna or defect in the evidence which has been produced originally.
(16) When the case of the managing committee or the Director is closed, the employee shall 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, appointed.
(17) The evidence on behalf of the employee shall then be produced. The employee may examine himself on his own behalf 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 enquiry officer according to the provisions applicable to the witnesses for the Disciplinary authority.
(18) The Inquiry officer 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.
(19) The Inquiry officer may, after the completion of the production of evidence, hear the Presenting Officer and the employee and permit them to file written arguments about their respective cases, if they so desire.
(20) If the employee, to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the enquiry officer or otherwise fails or refuses to comply with the provisions of this rule, the enquiry officer may hold the inquiry ex-parte.
(21) Whenever any Inquiry officer, 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 enquiry officer who has, and who exercises, such jurisdiction, the enquiry officer so succeeding may act on the evidence so recorded by the predecessor or partly recorded by the predecessor and party recorded by succeeding enquiry officer:
Provided that if the succeeding Inquiry officer is of the opinion that further examination of any witnesses whose evidence has already been recorded is necessary in the interest of justice, enquiry officer may recall, any witness and allow cross-examination, and re-examine of such witness as herein before provided.
(22) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain,-
(a) the articles of charges and the statement of imputation of misconduct or misbehaviour;
(b) the defence of the employee in respect of each articles of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the findings on each article of charge and the reasons thereof.
Explanation.- If in the opinion of the enquiry officer the proceedings of the enquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge:
Provided that the finding on such article of charge shall not be recorded, unless the employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
(i) The Inquiry officer shall forward to the Director the record of Inquiry which shall include,-
(a) the report prepared by him under clause(i);
(b) the written statement of defence, if any submitted by the employee;
(c) the oral and documentary evidence produced in the course of inquiry;
(d) written briefs, if any, filed by the Presenting Officer or the employee or both during the course of the enquiry: and
(e) the orders, if any made by the Director and the enquiry officer in regard to the enquiry.