(1) After a complaint is received a copy of the complaint shall be sent to the complainant by registered post or personally and the complainant shall be directed to submit the complaint on an affidavit or provide evidence about the allegations contained in the complaint.
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1.i, 2011 40 (4)1 ct) 25, 1933 Itt) ‘9 4- cic0
(2) On submission of affidavit or statement to the effect that evidence, if any, shall be furnished by the complainant, then the President or Member against whom allegations have been in the complaint, shall be provided with a copy of the complaint and its reply/explanation shall have to be furnished by the delinquent within 15 days.
(3) On submission of reply/explanation by the delinquent President or Member within the time allowed, the President of the State Commission shall take appropriate decision as to whether the inquiry is to be proceeded with or is to be consigned to records. In case the President of the State Commission decides to initiate enquiry proceedings against delinquent President or the Member of the District Forum or the Member of the State Commission, as the case may be. the suspension of the delinquent Member or the President may be recommended by the President of the State Commission. The State Government shall thereupon take appropriate action. In the event of suspension of President or Member being proceeded with, as the case may be, only 50 percent of the honorarium/salary shall be payable to him.
(4) In the event of deciding to hold the enquiry, the President of the State Commission may enquire the matter himself or may nominate a Member of the State Commission or the Registrar thereof.
(5) In the event of the President or the enquiry officer, as the case may be, deciding to proceed against the delinquent officer, charges shall be framed accordingly to be approved and signed by the President of the State Commission.
(6) The charge sheet along with the copies of the documentary evidence and list of the witnesses as well as their statements, if any, shall be sent to the delinquent President or Member by registered post on the address available in the office record or be served personally. If the charge sheet cannot be served in the said method, then the charge sheet shall be published in a local newspaper. On the publication in the newspaper, service shall be deemed sufficient and further action shall be taken after two weeks of such publication.
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(7) Written reply, if any, from the delinquent President or Member, as the case may be, shall be submitted within fifteen days from the receipt of charges. It will be enquired whether he desires to cross-examine any witness and what evidence he contemplates to file in defence. It will also be indicated to him that in the event the required information is not submitted within the stipulated period, it will be presumed that he does not have any material to provide and accordingly the enquiry will proceed ex parte.
(8) Where the delinquent President or Member, as the case may be appears and accepts the allegations made, the President of the State Commission or the Enquiry Officer will submit report on the basis of allegations made.
(9) Where the delinquent President or Member, as the case may be, denies the allegations and the charges framed against him, the President of the State Commission or the Enquiry Officer will proceed to record the statement of proposed witnesses in the presence of the delinquent President or Member.
Oppprtunity will be provided to cross-examine the witnesses and the full record of the proceedings shall be maintained.
(10) In those proceedings the delinquent officer may be asked or may be called upon to produce any document in order to find out the true facts or to prove the allegations.
(11) On completion of the entire enquiry proceedings, if the enquiry conducted by any officer other than the President of the State Commission, the report of enquiry shall be submitted before the President of the State Commission. The Enquiry Officer shall not make any recommendation/comments about the action which may be taken.
(12) On completion of the enquiry proceedings, the decision whether the allegations have been proved or not proved will be taken by the President of the State Commission. In the event of the allegations being not proved, the President of the State Commission may inform the delinquent officer and the Government that the allegations have not been proved. The delinquent officer will be reinstated by the Government if he was under suspension and would be paid full salary/honorarium for the period of suspension.
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(13) In the event of the President of the State Commission, deciding that the allegations have been proved, the delinquent officer shall be at liberty to submit a representation within 15 days of the information.
(14) The President of the State Commission shall communicate his decision within 30 days if not extended for another period of 30 days for reasons to be recorded in writing, keeping in view the representation and other related documents, if any.
(15) If the President of the State Commission finds that the allegations against the delinquent officer have been proved, the President shall recommend within two weeks to State Government to remove or dismiss the delinquent officer. The State Government shall, after receiving the recommendations of the President of the State Commission, issue appropriate order accordingly within one month of the receipt thereof.
By Order, SUBARDHAN, Additional Secretary (IC).
TrIORTIOI0 (31 -R00) 07 7TICKTO3TTO /600-2011-100+50 (W3x7V-7/411q1)