(1) No order imposing any of the major penalties shall be made except after an inquiry held, as far as may be, in the manner provided in this regulation or regulation 9.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Sansthan employee, it may itself inquire into, or appoint under this regulation to inquire into the truth thereof.
Explanation- Where a disciplinary authority itself holds an inquiry under this regulation, any reference to an inquiring authority in this regulation shall unless the context otherwise requires, be construed as a reference to the disciplinary authority.
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(3) Where it is proposed to hold an inquiry against a Sansthan employee under this regulation, the disciplinary authority shall draw up or cause to be drawn up-
(a) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles or charge;
(b) a statement of the imputations. of misconduct misbehaviour in support of each article of charge, which shall contain-
(i) a statement of all relevant facts including any admission or confession made by the Sansthan employee; and
(ii) a list of documents by which and a list of witnesses by whom, the articles of charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the Sansthan employee, a copy of articles of charge, the statement of the imputations of misconduct or misbehaviour, and a list of documents and of the witnesses by which each article of charge is proposed to be sustained and shall by a written notice require the Sansthan employee to submit to it within such time as may be specified in the notice, a written statement of his defence and to state whether he desires to be heard in person.
(5) (a) On receipt of the written statement of defense, the disciplinary authority may itself inquire into such of the articles or charge as are not admitted, or, if it considers it necessary so to do, appoint under sub-regulation (2), an inquiring authority for the purpose, and where all the articles He of charge have been admitted by the Sansthan employee in his written statement of defense, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in regulation 9 of these rules;
(b) lf no written statement of defense is submitted by the Sansthan employee, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do so, appoint under sub-regulation (2) of these regulations an inquiring authority for the purpose;
(c) Where the disciplinary authority appoints an inquiring authority it may, by an order, appoint a Sansthan employee or a legal practitioner, to be known as the “Presenting Officer” to present the case in support of the articles of charge before the inquiring authority.
(6) The disciplinary authority shall where it is not the inquiring authority, forward to the inquiring authority,-
(i) a copy of each of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(it) a copy of the written statement of defense, if any, submitted by the Sansthan employee;
(iii) copies of statements of witnesses, if any, referred to in sub-regulation (3) ;
(iv) evidence providing the delivery of the documents referred to in sub-regulation (3);
(v) a copy of the order appointing the Presenting Officer.
(7) The Sansthan employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time not exceeding ten days, as the inquiring authority may allow.
(8) The Sansthan employee may take the assistance of any other Sansthan employee or Government servant or retired Sansthan employee or Government servant 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 permits.
(9) If the Sansthan employee who has not admitted any of the articles of charge in his written statement of defense, or has not submitted any written statement of defense appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defense to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain signature of the Sansthan employee thereon.
(10) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the Sansthan employee pleads guilty.
(11) The inquiring authority shall, if the Sansthan 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 articles of charge and shall 51 adjourn the case to a later date not exceeding thirty days, after recording an order that the Sansthan employee may, for the purpose of preparing his defense,- (८)
(1)
(iii) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-regulation (3), submit a list of witnesses to be examined on his behalf, give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow, for the discovery or production of any documents which are in the possession of the Executive Officer of the Sansthan but not mentioned in the list referred to in subregulation(3), indicating the relevance of such documents.
(12) Where the Sansthan employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-regulation (3), the inquiring authority shall furnish him with such copies 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.
(13) Where the inquiring authority receives a notice from the Sansthan employee for the discovery or production of documents, the inquiring authority shall forward the same or copies thereof to the authority in whose custody or possession
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the documents are kept with a requisition for the production of the documents by such date as may be specified in such requisition to the case:
Provided that, the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
(14) On receipt of the requisition referred to in sub-regulation
(13), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:
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 interest of the Sansthan, it shall inform the inquiring authority and the inquiring authority shall, on being so informed, communicate the information to the Sansthan employee and withdraw the requisition made by it for the production of discovery of such documents.
(15) The inquiry shall be commenced on the date fixed in that behalf by the inquiring authority and shall be continued thereafter on such date or dates as may be fixed from time to time by that authority.
(16) 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 Presenting Officer and may be cross-examined by or on behalf of the Sansthan employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, 5B 3 without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(17) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Sansthan employee or may itself call for new evidence or recall and reexamine any witness and in such case the Sansthan 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 the day to which the inquiry is adjourned. The inquiring authority may also allow the Sansthan employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interests of justice:
Provided that, no new evidence shall be permitted or called for or any witness shall be recalled to fill up any gap in the evidence unless there is an inherent lacuna or defect in the evidence which has been produced originally.
(18) When the case for the disciplinary authority is closed, the Sansthan employee shall be required to state his defence, orally or in writing, as he may prefer, if the defense is made orally, it shall be recorded and the Sansthan employee shall be required to sign the record. In either case, a copy of the statement of defense shall be given to the Presenting Officer appointed, if any.
(19) The evidence on behalf of the Sansthan employee shall then be produced. The Sansthan employee may examine himself in his own behalf if he so prefers. The witnesses ८ produced by the Sansthan employee shall then be examined and shall be liable to cross examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witness for the disciplinary authority.
(20) The inquiring authority may, after the Sansthan employee closes his case and shall, if the Sansthan employee has not examined himself, generally question him on _ the circumstances appearing against him in the evidence for the purpose of enabling the Sansthan employee to explain any circumstances appearing in the evidence against him.
(21) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, appointed, if any, and the Sansthan employee, or permit them to file written briefs of their respective case, if they so desire.
(22) If the Sansthan employee to whom a copy of the articles of charge has been delivered, does not submit a _ written statement of defense on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this regulation, the inquiring authority may hold the inquiry exparte.
(23) (a) Where a disciplinary authority competent to impose any of the minor penalties but not competent to impose any of the major penalties has itself inquired into or caused to be inquired into any of the articles of charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it is of the opinion that any of the major penalties should be imposed on the Sansthan employee, that authority shall forward the records of the inquiry to such disciplinary 05 authority as is competent to impose such major penalty.
(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, recall the witness and examine, cross-examine and re-examine the witness, and may impose on the Sansthan employee such penalty as it may be deem fit in accordance with these regulations:
Provided that, if any witnesses are recalled, they may be cross-examined by or on behalf of the Sansthan employee.
(24) 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 shall continue the inquiry from the stage on which his predecessor has left such inquiry.
(25) After the conclusion of the inquiry, a report shall be prepared by the inquiring authority. Such report shall contain,-
(a) the articles of the charge and the statement of the imputations of misconduct or misbehaviour;
(b) the defense of the Sansthan employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge;
(dq) the findings on each article of charge and पर मयाचा 96 the reasons there for .
(26) Where, in the opinion of the inquiring authority, the proceedings of the inquiry establishes any article of charge different from the original articles of the charge, it may record its finding on such article of charge:
Provided that, the findings on such article of charge shall not be recorded unless the Sansthan 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.
(27) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include-
(a) the report prepared by it under subregulation (25);
(b) the written statement of defense, if any, submitted by the Sansthan employee;
(८) the oral and documentary — evidence produced in the course of the inquiry;
(dq) written briefs, if any, filed by the Presenting Officer or the Sansthan employee or both during the course of the inquiry; and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.