. (I) If a written complaint, alleging any definite charges of misbehaviour or incapacity to perform the functions of the office in respe,:t of a Presiding Officer, is received by the Central Government, it shall make a preliminary scrutiny of such complaint.
(2) If, on preliminary scrutiny, the President considers it necessary to investigate into the allegation, it shall place the complaint together with supporting material as may be available, before a Committee consisting of the following persons to investigate the charges of allegations made· in the complaint :• (:i) Secretary (Coordination and Public Grievances), Cabinet Secretariat.
(:ii) Secretary, Ministry of Road Transport and Highways.
(iii) Secretary, Department of Legal Affairs, Ministry of Law and Justice Chairman Member Member
(3) The Committee shaH devise its own procedure and method of investigation which may include recording of evidence of the complainant and collection of material relevant to the inquiry which may be conducted by a Judge of the High Court under these rules.
(4) The Committee shall submit its findings to the President as early as possible within a period that may be specified by the President in this behalf.
4. Judge to conduct inquiry - (I) If the President is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehaviour or incapacity of a Presiding Officer, he shhll make a reference to the Chief Justice of India requesting him to nominate a Judge of a High Court to conduct the mqmry.
(2) The President shaH, by order, appoint the Judge of a High Court nominated by the Chief Justice of India (hereinafter in these rules referred to as Judge) for the purpose of conducting the inquiry.
(3) Notice of appointment of a Judge under sub-rule (2) shaH be given to. the Presiding Officer concerned.
( 4) The President shall forward to the Judge a copy of-
(a) the articles of charges against the Presiding Officer concerned and the statement of imputation;
(b) the statement of witnesses, if any; and
(c) material documents relevant to the inquiry.
(5) The Judge shall complete the inquiry witlnn such time or further ~ as may be specified by the President.
(6) The Presiding Officer concerned shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Judge.
(7) Where it is alleged that the Presiding Officer concerned is unable to discharge the duties of his office efficiently due to any physical or mental nicapliCity and the allegation is demed, the Judge may arrange for the medical examination of the Presiding Officer by such Medical Board as may be appointed for the purpos!J by the President and the Presiding Officer concerned shall submit himself to such medical examination within the time specified in this behalf by the Judge.
(8) The Medical Board shall undertake such medical examination of the PresidiiJ.g Officer as may be considefed necessary and submit a report t<Ythe Judge stating · therein whether the incapacity is such as to render the Presiding Officer unfit to continue in office.
(9) If the Presiding Officer refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall subj:nit a repOrt to the Judge stating therein the examination which the Presiding Officer hat refused to undergo, and the Judge may, on receipt of such report, presume that the Presiding Officer suffers from such physical or mental incapacity as is alleged in the complaint.
(10) The Judge may, after considering the written statement of the Presiding Officer !!.!!.d the Medic.a! Report; ifany; amend the charges referred to in clause (a) of sub rule (4) and in such a case, the Presiding Officer shall be given a reasonable opportunity of presenting a fresh written statement of defence.
(ll) The Central Govermnent shall appoint an officer of that Govermnent or an advocate to present the case against the Presiding Officer.
(12) Where the Central Govermnent has appointed an advocate to present its case before the Judge, the Presiding Officer concerned shall also be allowed to present his case by an advocate chosen by him.