(1) No employer shall terminate the services of an employee unless an enquiry is held against the employee concerned in respect of any alleged misconduct in the manner set forth in sub-rule-(2).
(2) An employee against whom an enquiry has to be held he shall be given a charge-sheet clearly setting forth the circumstances appearing against him and requiring explanation. He shall be given an opportunity to answer the charge and shall also be permitted to produce witnesses in his defence and cross-examine any witness on whose evidence the charge rests.' Act concise summary of the evidence led on either side and the employee's plea shall be recorded and signature of the parties obtained.
(3) In awarding punishment under this Rule, the employer shall take into account the gratuity of the misconduct, the previous record, if any of the employee and any other extenuating or aggravating circumstances that may exist:
Provided that no punishment shall be awarded based on the previous record and other circumstances that may exist unless the employee has been given an opportunity of making representation in respect of those charges :: 12 ::