Read the following:
1. G.O.Ms.No.487,
G.A. (Ser.C) Dept., dt.14.09.1992.
2. G.O.Ms.No.383,
G.A. (Ser.C) Dept., dt.19.12.2003.
(b)
a list of documents by which, and a list of witnesses by whom, the articles of
charge are proposed to be sustained.
(4) The disciplinary
authority shall deliver or cause to be delivered to the Government servant a
copy of the articles of charge, the statement of the imputations of misconduct
or misbehaviour and a list of documents and witnesses by which each article of
charge is proposed to be sustained and copies of the said documents and
statements of the said witnesses and shall require the Government servant to
appear before the disciplinary authority on such day and at such time not
exceeding ten working days and submit a written statement of his defence and to
state whether he desires to be heard in person.
(5) (a) On the date
fixed for appearance, the Government servant shall submit the written statement
of his defence. The disciplinary authority shall ask the Government servant
whether he is guilty or has any defence to m;1ke and if he pleads guilty to any
of the articles of charge, the disciplinary authority shall record the plea,
sign the record and obtain the signature of the Government Servant thereon. The
disciplinary authority shall record findings of guilty in respect of those
articles of charge to which the Government Servant pleads guilty. Where the
Government servant admits all the articles of charge, the disciplinary authority
shall record its findings on each article of charge after taking such evidence
as it may think fit and shall act in the manner laid down in Rule 21.
(b) Where the
Government servant appears before the disciplinary authority and pleads not
guilty to the charges or refuses or omits to plead. the disciplinary authority
shall record the plea and obtain the signature of the Government servant
thereon and may decide to hold the inquiry itself or if it considers it
necessary to do so, appoint an inquiring authority for holding the inquiry into
the charges and also appoint a Government servant or a retired Government
servant or a legal practitioner as Presenting Officer to present the case in
support of the articles of charge and adjourn the case to a date not exceeding
five days.
(c) On the day so
fixed, the disciplinary authority shall serve copies of the orders appointing
the inquiring authority and the Presenting Officer on the Government servant
and inform him that he may take the assistance of any other Government servant
to present the case on his behalf. but he may not engage a retired Government
servant or a legal practitioner for the purpose unless; the Presenting Officer
appointed by the disciplinary authority is one such, or, the disciplinary
authority, having regard to the circumstances of the case, so permits:
Provided that no
Government servant dealing in his official capacity with the case of inquiry
relating to the person charged or any officer to whom an appeal may be
preferred shall be permitted by the inquiring authority to appear on behalf of
the person charged before the inquiring authority:
Provided further that
the Government servant may take the assistance of any other Government servant
posted at any other station, if the inquiring authority having regard to the
circumstances of the case and for reasons to be recorded in writing, so
permits.
Note (1):- The Government
servant shall not take the assistance of any other Government servant who has
pending two disciplinary cases on hand in which he has to give assistance.
Note (2):- The
Government servant may also take the assistance of a retired Government servant
to present the case on his behalf, subject to such conditions as may be
specified by the Government from time to time by general or special order in
this behalf.
(d) The disciplinary
authority shall inform the Government servant to submit within five days a list
of documents, which he requires to be discovered or produced by Government for
the purpose of his defence indicating the relevance of the documents so
required.
(e) The disciplinary
authority may for reasons to be recorded in writing refuse to requisition such
of the documents as are, in its opinion, not relevant to the case.
(f) The disciplinary
authority shall on receipt of the notice for the discovery or production of
documents, forward the same or copies thereof to 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.
(g) On receipt of the requisition referred
to in clause (f) of this sub-rule, every authority having the custody or
possession of the requisitioned documents shall produce the same before the
disciplinary authority:
Provided that if the
authority having the custody or possession of the requisitioned documents is
satisfied for reasons to be recorded by it in writing that the production of
all or any of such documents would be against the public interest or security
of the State, shall submit the fact to the Head of the Department or to the
Secretary of the Department concerned for a decision in the matter. Such
decision shall be informed to the disciplinary authority and where the decision
is to withhold production of all or any of such documents, the disciplinary
authority shall on being so informed, communicate the information to the
Government servant and withdraw the requisition made by it for the production
or discovery of such documents and where the decision is against withholding
the production of all or any of such documents, every authority having the
custody or the possession of such requisitioned documents shall produce the
same before the disciplinary authority.
(6) Where the
Government servant to whom a copy of the articles of charge has been delivered
does not submit the written statement of defence on or before the date
specified for the purpose or does not appear in person before the disciplinary
authority or otherwise fails or refuses to comply with the provisions of this
rule, the disciplinary authority may decide to hold the inquiry exparte or if
it considers it necessary so to do, appoint an inquiring authority for the
purpose.
(7) (a) The
disciplinary authority shall, where it is not the inquiring authority, forward
to the inquiring authority—
(i) a copy of the
articles of charge and the statement of the imputations of misconduct or misbehaviour;
(iv) copies of
documents referred to in sub-rule (3);
(v) evidence proving
the delivery of copies of the documents referred to in sub-rule (3) to the
Government servant; and
(vi) a copy of the
order appointing the Presenting Officer.
(b) The disciplinary
authority shall also forward to the inquiring authority documents received
under clause (g) of sub-rule (5) as and when they are received.
(10) (a) On the date
fixed for recording the evidence, the oral and documentary evidence by which
the articles of charge are proposed to be proved shall be produced by or on
behalf of the disciplinary authority.
(b) The evidence
shall be recorded as far as possible on day-to-day basis till the evidence on
behalf of the disciplinary authority is completed.
(c) The witnesses
shall be examined by or on behalf of the Presenting Officer and they may be cross-examined
by or on behalf of the Government servant,
(d) 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 permission
of the inquiring authority.
(e) The inquiring
authority may also put such questions to the witnesses as it thinks fit.
(12) (a) When the
case for the disciplinary authority is closed, the Government servant shall be
required to state his defence orally or in writing as he may prefer and to
submit a list of witnesses to be examined on his behalf for which purpose the
case may be adjourned to a date not exceeding five days.
Go.Ms.No 60, Health Medical and Family Welfare(H1) Department date 10/03/2005
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