(1) The Committes or any other authority empowered by it by general or special order ey, {a) institute disciplinm'y.proce:r:dings against any Trust servant;
(b direct a disciplinary authority to institute disciplinary proceedings against any Trust servant on whom that disciplinary authority is competent ‘to impose under these regulations any ol the l]{.‘lla]til‘.fi speu'[ir.rl in regu]m.'mn 5.
(¢) direct the transfer of any pending enquiry from any enquiring autherity, appointed by the disciplinary authority under sub-regulation (2) of regulation 8, to any other enquiring authority if he is satisfied that it is necessary for timely completion of enguiry.
2} A disciplinary authority competent under these regulations to impose any of the penalties specified in regulation 5 may institute disciplinary proceedings against any Trust servant on whom the disciplinary authenty is competent to impose any of the penalties spevified in regulation 3.
PART -1V PROCEDURE FOR IMPOSING PENALTIES & Procedure for imposing major penalties- (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 opmion that there are grounds for inguiring into the truth of any imputation of misconduct or mishehaviour against a Trust sevvant, it may itself inquire inte, or a appomt an authority under this regulation o inquire into the truth there of .
Explanation- Where a diseiplinary authority itself holds an inguiry under this regulation, any reference to an inquiring authority in this regulation shall unless the context otherwise requires, be construed as reference to the disciplinary authority.
(3) Where it is proposed to hold an inquiry against a Trust servant under this regulation, the diseiplinary authority shall draw up or cause to be drawn up,~ aL {a) the substance of the imputations of misconduct or mishehaviour into definite and distinet articles or charge; or (h a Rta!c’mentnfthe imputations of miscondict or misbehaviour in supp-ort of each article of charge, which shall contain -
(i) & staltement of all relevant facts including any admission or confession made by the Trust servant; and (i} list of documents by which, and a list of witnesses by whom, the articles of ¢hiarge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the Trust servant, a copy of articles of charge, the statement of the imputations of misconduct ar misbehaviour, and a list of‘docmnamfi:nnd af the witnesses by which each article of rhargn is propesed to be sustamed and shall by a written notice require the Trust servant to submit to it within such time as may be specified in the notice, a written staterent of his defence and to state whether he desires to be heard in person.
{5) (a) On receipt of the written statement of defence, the diseiplinary authorily may itsell inquire into such of the articles orcharge a5 art notadmitted, or, ifit congiders it necessary so to do, appoint under sub-regulation (2), an mquiring authority for the purpuu:,.au “where all the articles of charge have been admitted by the Trust servant in his written Statement of defence the diseiplinary authority shall vecord its findings on each charge afier taking such evidence as it may think fit and shall act in the manner laid down in regulation 9 of this regulation:
() If no written statement of defence is submitted by the Trust servant, the disciplinary authority may itself inquire into the articles of eharge or may, if it considers it necessary to do so, appsmt under sub-regulation (2) of these regulations as a inguiring authority for the purpose;
(&) Where the disciplinary suthority appoints an inquiring authority it may, by an order, appoint a “I'rust servant or a legal practitioner, to be known as the "Presenting Officer” to present the case in support of the articles of charge hefore the inquiring authority.
(6) The disciplinary anthority shall, where it 15 not the inquiring authority, forward to the inquiring authority,- iz
(1) & copy of each of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(ii} a copy of the written statement of defence, it any, submitted by the Trust servant;
(i1i} copies of statements of witnesses, if any, referred to in subregulation (%) of this regulation;
{iv) eviden{:e-pm\riding the delivery of the documents referred to in sub-regulation () of this regulation;
(¥) a copy of the order appointing the Presenting Officer.
(7) The Trust servant shall appear in person before the inquiring authority on such day and at such nme 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 misbehaviowr, as the nguiring authority may, by a notice in writing, specify in this behalf or witlin such further time not exceeding ten days, as the inquiring authority may allow.
(8) The Trust servant may take the assistance of any other Trust servant or retived Trust servant or retived Government servant to present the case on his bebalf, but may not engage o legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority, baving regard to the circumstances of the case, su permits,
(9) If the Trst servant 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 inqui.ring anlharity. such aul.hority 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 inquiring authority shall record the plea, sign the record and obtain signature of the Trust servant thereon.
(10} The mquiring authority shall return a finding of guilt in respect of those articles of charge to which the Trust servant pleads guilty.
(11} The inquiring authority shall, if the Trust servant fails to appear within the specified time or refuses or omits to plead, by B 33 require the Presenting Officer to produce the evidence by which he proposes to prove articles of charge and shall adjourn the case to a later date not exceeding thirey days, after recording an order that the Trust servant may, for the purpose of preparing his defe en;‘r,;
(i) inspect within five days of the order or within such further time not exceeding five days as the inguiring - autherity may allow, the documents = specified in the list referred o i sub-regulation (§)" of this regulation,
(i) submit a list of witnesses to be examined on his behalf.
(iif) give anotice within ten days of the order or within such further time not exceeding ten days as the inguiring authority may allow, for the discovery or production of any documents which are in the possession of the Trust but not mentioned in the list vefereed to in sub-regulation (8) of this regulation, indicating the relevance of such doctments,
(18) Where'the Trust servant applies orally or in writing for the supply of copies of the statements of witnesses mentioned i the list referred to in sub-regulation (8) of this vegulation, the inquiring authority shall furnish him with such copies as early as possible, and in any case not latep, ghan three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.
15) Where the inquiring authority receives a notice from the Trust servant for the discovery or production of documents, the inguiring authority shall forward the same or copies thereof w the authority in whose custody or possession 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 inguiring authority may, for reasons to be recorded by it in writing, refuse tw requisition such of the documents as are, in its opinion, not relevant to the case,
(14) On receipt of the requisition referred to in subregulation (13), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:
Provided that, i’ the authority having the custody or possession of the requisitioned documents is satisfied for reasons to he recorded by it in writing that the production of all or any of such documents would be aguinst the interest of the Trust, it shall inform the inquiring authority and the inquiring authority shall, on being so informed, communicate the information to the Trust servant and withdraw the requisition made by it for the pradiiction of discovery of such doeuments, [15) The inquiry shall be commenced on the date fixed in that behalf by “the inquiring authovity and shall be continued - thereafter on such date or dates as may be fixed, from time to ume, by that authority, {18) 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 behall of the Presenting Officer and may be cross-examined by or on hehalfof the Trust servant. 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, without the leave of the inquiring authority.
The inquiring authority may alse put such questions to the wimesses as it thinks fit.
(17) Ifit shall appear necessary before the close of the case on_behalf of the disciplinary authority, the inquiring authority may, in its diseretion, allow the Presenting Officer to produce evidence not included in the list given to the Trust servant or may itself call for new evidence or recall and re-examine any witness and in such case the Trust servant shall be entitled to have, ifhe demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three elear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inguiring authority may also allow the Trust servant to produce new evidence, il it is of the opinion that the production of such evidence is necessary in the interests of justice :
SE o T, 123 Bl JX,
Provided that, no new evidence shall he permitted ‘or called for or any witness shall be recalled to [l up any gap in the evidence unless there is an inherent lacuna or defect in the evidence which has been produced originally. L
(18) When the case for the disciplinary authority is closed, the Trust servant shall be requived to state his defence, orally or in wriling, as he may prefer in wnLi,uS. If the defence is made orally. it shall be recorded in writing and the Trust servant shalk be required‘to sign the record. Tn either case, a copy of the statement of defence shall be given to the Presenting Officer appointed, ifany.
(19} Th'wmjdame on behalf of the Trust servant shall then be produged. The Trust sepvant may examine himself on his own hehalfif he so prefers. The witnesses produced by the Trust according to the provisions applicable to servant shall then be examined by the inquiving authority the witnesses for the dhsciplinary anthority.
(20} The inquiring authority may, after the Trust servant closes his case and shall, if the Trust servant has not examined himself, gener "B,{y_"qumtlon him on the circumstances appearing against him in theevidence for the purpose of enahling the Trust servant to expldin any circumstances appearing in the evidence against ham.
{21) The inquiring authority may, after the completion of the produgtion of evidence, hear the Presenting Officer, appointed, if any, and the Trust servant, or permit them to file written briefi of their respective case, if they so desire:
(22) If the Trost servant to whom a copy of the articles of charge has been delivered, does not submit a written statement of defence on or before the date specified for the purpose or does not appear in person before the inguiring autharity or otherwise fails or refiuses to comply with the provisions of this regulation, the inquiring authority may hold the inquiry ex parte.
(24)(a) Where a disciplinary authority competent to impose any of the minor penalties but not competent to impose any of the mjor penaltics has itself ingquired into or caused to be inguired into any of the articles of charge and that autherity, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it.
36 Ifit is of the opinion that any of the major penalties should be imposed on the Trust servant, that authority shall forward the records of the inquiry such disciplinary 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 witnesses and examine, cross-examine and re-examine the-witnesses, and may impose on the Trust servantsuch penalty as it may be deem fit in accordance with these regulations :
Provided that, if any witnesses are vecalled, they may be cross- examined by or on behalf of the Trust servant.
(2¢) Whenever any imquiring authority, after having heard and recorded the whole or any part of the evidence in an nquiry eases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercise. such Jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessors, or partly recorded by its predecessor and partly recorded by itself:
Provided that, if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence las already heen recorded is necessary in the interest of Justice, it may recall, examine, cross—examine and re - examine any such witnesses as hereinbefore provided:
Provided further that, if any witnesses are recalled, they may be cross-examined by or on behalf of the Trust servant.
(25) After the conclusion of the inquiry, the inguiring authority chall prepare a veport. Such report shall contain~ {a) the articles of the charge and the statement of the amputations of misconduct or mishehaviour, [b) the defence of the Trust servant in respect of each article of charge:
{c) an assessment of the evidence in respect of each article of charge;
37 {d) the findings on each article of charge and the reasons therefor.
(26) Where, in the Opll'llDIl of the inguiring authority, the proceedings of the inquiry establish 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 Frust servant has either admitted the facts on. which such article of charge is based or has had a reasonable qppm{umty of defending himself against such article of charge.:
27) The inquiring authority, where it is not itselfthe disciplinary authority, shall forward to the dlsnpl.mnry authority the records of inquiry which shall include, -
(a) the report prepared by it under sub-regulation (2a);
{b) the written statement of defence, if any, submited by the Trustservant;
(e} the oral and decumentary evidence produced in the course of the inquiry; © {d} written briefs, if any, filed by the Presenting Officer or the Trust servant or both during the course of the mquiry; and (€] the orcers, if any, made by the disciplinary authority and the inquiring atithority in regard to the mquiry.
9, Action on the inquiry report.- (1) The disciplinary authority, if it is not itself the mquiring authority may. for reasons to be rvecorded by it in writing, vemit the case to the inquiring authority for frther inguiry and report, and the inguiring autharity shall thereupon proceed to hold the furtber inquiry stmardfihg 1o the provisions of?'egula('mu 8 of these regulations as far as may be.
(2) The disciplinary authority shall if it 35 not the inquiring autherity, consider the record of the inguiry and record its findings on each charge. I it disagrees with the findings of the inquiring authority on any article of charge, it shall record its reasons for such disagreement.
8
(8) If the disciplinary autharity having regard to its findings on all or any of the articles of charge is of the opinion that any of the minor penalties should be imposed on the Trust servant, it shall, notwithstanding anything contained in regulation 10 of these regulations on the basis of the evidence adduced during the inquiry held under regulation 8 determine what penalty, if any, should be imposed on the Trust servant and make an order imposing such penalty.
(4) Ef the disciplinary authority, having regard to its findings on all or any aof the articles of ch!rrgt' and on the basis of the evidence adduced during the inquiry, is of the opinion that any of the penalties specified in clauses (v) to (ix) of sub-regulation (1) of regulation 5, should be imposed on the Trast servant, it shall make an order imposing such penalty and it shall not be necessary to give the Trust servant any epportunity of making representation on the penalty proposed to be imposed.
10, Procedure for imposing minor penalties- (1) Save as otherwise provided 1 sub-regulation (3) of regulation 9, no order imposing on a Trust sexvant any of the minor penalties shall be made except after,-
(a) informing the Trust servant in writing of the proposal to take action against him and of the imputations. OF misconduct or misbehaviour on which itis proposed to be talen, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;
(b) holding ar inquiry in the manner laid down i regulation 8, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;
(¢) taking into consideration the representation, ifany, submitted by the Trust servant under elanse (a) of this regulation and the record of inguiry, ifany, held under clause (b) of this regulation;
anud (d} recording a finding on each imputation of misconduct or misbehaviour.
(2) Notwithstanding anything contained in clause (b} of subregulation (1), if in 4 case it is proposed, after considering the representation, if any, made by the Trust servant under clause
(a) of that sub-regulation, to withhoeld increments of pay and such withl mlrling of increments is 1ike]}r to alfect adverse!y the 39 amount of pension payable to the Trust servant or to withhold increments of pay with comulative effect for any period, an inquiry shall be held in the manner laid down in sub- regulations
(2) and (27} of regulation &, hefore making any order of imposing on the Trust servant any such penal ty:
(8) The record of the proceedings in such cases shall include,- (). acopy of the intimation to the T'rust servant of the _proposal to take action against him;
(i} @& etopy of the Statement or imputations of misconduct or misbehaviour delivered to him;
(iii) his representation, if any;
{iv) the evidence produced during the mquiry:
(v} the findings on each imputation of ‘miscenduct or misbehavieur; and
(vi) the orders in the case together with the reasons therefor, 11, Communication of orders- Orders made by the disciplinary authority shall be communicated to the Trust servant who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authotity and a copy of its findings on each article of charge, or where the disciplinary authority is not the ingu ing authority, 4 copy to the report of the inquiry authority and a statement of the findings of the disciplinary autharity together with briel reasons for its disagreement, iff any. with the findings of the inquiring authority unless they have alveady been supplicd to him).
12. Common Proceedings- (1) Where two or more Trust-servants are concerned inany case, the Committee orany other authority competent to impose the penalty of dismissal from service on all such Trust servants may make an erder directing that disciplinary action against all of them may be taken in a common proceedings,
(2) Where the authorities competent to impose the penalty of dismissal an such Trust servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.
40
(8) Every order for taking disciplinary action in a common pl'uul“{:ding shall ape-ci Fy,—
(i) the anthority which may function as the diseiplinary authority for the purpose of such comumon proceeding, (i} the penalties specified in regulation 5 which such disciplinary authority shall be competent to impose and
(iii) whether the procedure laid down in regulation 8 and regulation & or regulation 10 shall be followed in the proceeding.
15 Special procedure in certain cases.- Notwithstanding anything contained in regulation 8 to regulation 12 of these regulations.- {1} where any penalty is nnposable on @ Trust servant on the ground of conduct which has led to his conviction on a criminal charge, or
(i) where the disciplinary authority 15 satisfied for reasons to be vecorded by it in writing that it is not reasonably these regulations jor pru\"ld_c (it} where the Committee is satisfied that in the interest of the Trust, it is not expedient to hold any inquiry n the manner provided in these vegulations, the disciplinary authority may consider the cireumstances of the case and make such orders theve; is 55 it deems fit
Provided that, the Trust servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case uneter elause (i),
PART-V APPEALS
14. Orders against which no appeal lies- Notwithstanding anything contained in this part, no appeal shall lie against,-
(i) any order made by the Committee;
04 > 41 () any order of an interlocutory nature or of the nature of a step-in-aid or the final disposal of a diseiplinary proceeding, other than order of suspension;
(iii) any order passed by an inquiring authority in the course of an inquiry under regulation 5 of these regulations.