(a) In every case where it is proposed to impose on an employee any of the penalties in item (I), (ii), (iii) and (v) regulation 5, he shall be given a reasonable opportunity to explain and to make representation as he may desire and the explanation and the representation, if any, made by him shall be taken into consideration before the order imposing the penalty is passed:
Provided that the requirements of this sub-regulation shall not apply where it is proposed to impose on an employee any of the penalties aforesaid on the basis of facts which have led to his conviction by a Court martial or where the employee concerned has absconded or where it is for other reason impracticable to communicate with him.
(b) In every case where it is proposed to impose on an employee any of the penalties in items (iv), (vi) to (viii) in regulation 5, he shall be given a charge sheet setting forth the grounds on which it is proposed to take action and any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required to answer the charge or charges in a written statement within a reasonable time not exceeding one month and also to state whether he desires an oral inquiry or only to be heard in person. An oral inquiry shall be held if the employee desires such inquiry, or if so directed by the authority concerned. At that inquiry oral evidence shall be heard as to such of those allegations as are not admitted. The employee shall be permitted to produce witness in his defence and cross-examine any witness on whose evidence the charge rests. The officer conducting the inquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a witness. The enquiring officer shall ask, in writing the delinquent employee immediately after the enquiry is over, whether he had a reasonable opportunity of presenting his case or if he has any complaint in this regard, the enquiring officer will examine the complaint and set right the matter. If it is considered that the alleged denial of reasonable opportunity is made with a view to delay the disciplinary 11 proceedings, the enquiring officer will be competent to ignore the complaint and the reasons for not complying with the request should be recorded. After the inquiry has been completed, the person charged shall be entitled to put in if he so desires, a further written statement of his defence. If no inquiry is held and if he had desired to be heard in person, a personal hearing shall be given to him. In all cases where enquiry is conducted, sufficient record of the evidence and a statement of the findings and grounds thereof should be kept.
After the enquiry or personal hearing referred to above has been completed, and if the authority competent to impose the penalty mentioned in that clause, is of the opinion on the basis of the evidence adduced during the enquiry, that any of the penalties specified therein should be imposed on an employee it shall make an order imposing such penalty and it shall not be necessary to give the person charge any opportunity of making representation on the penalty proposed to be imposed:
Provided that in case of a person appointed to a post by recruitment by transfer from any other class or services, the Board may at anytime before the appointment of the said person as a full member to the said post, revert him to such other class or service either for want of vacancy or in the event of his becoming surplus to requirements or if the Board is satisfied that he has not got the necessary aptitude for work in the said post, without observing the formalities prescribed in clause (b) above (B.P. Rt.No.359, dated 30.6.82).
(i) The requirements of clause (b) shall not apply-
(a) Where it is proposed to impose on an employee any such penalty as is referred to therein on the basis of facts which have led to his conviction in a Criminal Court (whether or not he has been sentenced at once by such Court to any punishment), but he shall be given a reasonable opportunity of making any representation that he may desire to make and such representation, if any, shall be taken into consideration before the order impos9ng the penalty is passed.
(b) Where it is proposed to impose on an employee any such penalty as is referred to therein on the basis of facts that have led to this conviction by a Court martial or where the employee concerned has absconded or where it is for other reasons impracticable to communicate with him.
(ii) The provisions of clause (b0 shall not apply if the Board is satisfied that in the interest of security it is not expedient to follow the procedure prescribed in that clause.
(iii) The requirements of clause (a) or/and (b) shall not apply-
(a) When the person is a daily wage earner or casual worker or when the post held by a temporary employee is retrenched on administrative grounds.
(b) When the person charged admits the charge or charges.
(c) Where the employee is caught red-handed having committed or while committing an act of misconduct.
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(d) (i) All or any of the provisions in clause (a) and (b) may in exceptional cases, for special and sufficient reasons to be recorded in writing, be waived where there is a difficulty in observing exactly the requirements of the clauses and those requirements can be waived without injustice to the person charged.
(ii) If any question arises whether it is reasonably practicable to follow the procedure in clause (b), the decision thereon of the authority empowered to dismiss or remove such employee, as the case may be shall be final.
(e) (i) The competent authority or the enquiry officer, as the case may be, may in discretion give an opportunity to the accused employee to inspect any document connected with the enquiry but excluding any confidential papers which in its opinion shall not be disseminated but such request for inspection may for good and sufficient reasons (which need not be recorded nor communicated) be refused partially or wholly.
The employee will not be entitled to copies of documents.
(ii) No pleader or outsider representative shall be allowed to appear on behalf of the accused employee during the enquiry or during appeal hearing.
(f) The competent authority may authorise any officer in Class I or Class II service superior service superior in rank to the employee to initiate departmental proceedings and to hold enquiry against the employee. On the findings of that Officer, the competent authority may award punishment or otherwise give a decision.