TMI BlogProcedure for imposing major penaltiesX X X X Extracts X X X X X X X X Extracts X X X X ..... required to submit his statement of defence within such time as may be specified by the Competent Authority. (3) On receipt of the written statement of the employee, or if no such statement is received within the time specified, if it has been considered that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against an employee, the Competent Authority may himself inquire into or appoint an inquiry officer to inquire into the truth thereof: Provided that it may not be necessary to hold an inquiry in respect of the articles of charge admitted by the employee in his written statement but it shall be necessary to record its findings on each such charge. (4) The Competent Authority shall, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of charge, the Inquiry Officer shall record the plea, sign the record and obtain the signature of the employee concerned thereon. (9) The Inquiry Officer shall return a finding of guilt in respect of those articles of charge to which the employee concerned pleads guilty. (10) If the employee does not plead guilty, the Inquiry Officer shall adjourn the case to a later date not exceeding 30 days. (11) The Inquiry Officer shall, where the employee does not admit all or any of the articles of charge, furnish to such employee a list of documents by which, and a list of witness by whom, the articles of charge are proposed to be proved. (12) The Inquiry Officer shall also record an order that the employee may for the purpose of prepa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session of the requisitioned documents may claim privilege if the production of such documents will be against the public interest or the interest of the Board. In that event, it shall inform the Inquiry Officer accordingly. (15) On the date fixed for the inquiry, the oral or documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the Competent Authority. (16) The witnesses produced by the Presenting Officer shall be examined by the Presenting Officer and may be cross-examined by or on behalf of the employee. (17) The Presenting Officer shall be entitled to re-examine his witnesses on any points on which they have been cross - examined, but not on a new matter, without the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en cross-examined, but not on any new matter without the leave of the Inquiry Officer. (24) The inquiry officer may, after the employee closes his evidence, and shall, if the employee has not got himself examined, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him. (25) After the completion of the production of the evidence, the employee and the Presenting Officer may file written briefs of their respective cases within 15 days of the date of completion of the production of evidence. (26) If the employee does not submit the written statement of defence referred to in sub-regulation (2) on or bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the inquiry establish any article of charge different from the original article of charge, it may record its findings on such article of charge: Provided that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge. (29) The Inquiry Officer, where it is not himself the Competent Authority, shall forward to the Competent Authority the records of inquiry which shall include- (a) the report of the inquiry prepared by it under sub-regulation (28); (b) the written statement of defence, if any, submitted by the employee referred to in sub regulation (20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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