(13)      On receipt of the requisition referred to in sub-rule (12) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority;

 

         Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reason to be recorded by it in writing that the production of all or any or such document would be against the public interest or security of the state, if shall inform the inquiring authority accordingly and the inquiring authority shall on being so informed, communicate the information to the Governments employee and withdraw the requisition made by it for the production or discovery of such documents.

 

(14)      On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be or behalf of the punishing authority. The witnesses shall be examined by or on behalf of the Government employee. 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 leave of the inquiring authority. The inquiring authority may also may also put such question to the witnesses as it thinks fit.

 

(15)      If it shall appear necessary before the close of the case on behalf of the punishing authority, the inquiring authority may, in its discretion, allow the presenting officer to produce evidence not included in the list given to the Government employee or may itself call for new evidence or recall and re – examine any witness and in such case the Government employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the date of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Government employee an opportunity of inspecting such documents before they are taken on the record. The inquiry authority may also allow the Government employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.

 

Provided that new evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally*;

 

*[Substituted vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

( 16 )   when the case for the punishing authority is closed . the government employee shall be required to state his defence orally or in writing as he may prefer. If the defence is made orally it shall be recorded and the Government employee shall then be examined and shall be liable to cross – examination, re – examination and examination by the inquiring authority according to the provision applicable to the witness for the punishing authority.

 

( 17 )  The evidence on behalf of the Government employee shall then he produced . The Government employee may examine himself on his own behalf, if he so prefers either at the outset or after the conclusion of examination of the witnesses produced by him*. The witnesses produced by the Government employee shall then be examined and shall be liable to cross – examination, re – examination and examination by the inquiring authority according to the provision applicable to the witness for the punishing authority.

 

*[Added vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

( 18 )  The inquiring authority may, after the Government employee closes his case, and shall, if the Government employee has not examined himself, generally question him on the circumstances, appearing against him in the evidence for the purpose of enabling the Government employee to explain any circumstances appearing in the evidence against him .

 

( 19 )  The inquiring authority may, after the completion of the production of evidence hear the presenting officer, if any appointed and the government employee or permit them to file written brief of their respective cases, if they so desire.

 

( 20 )  If the Government employee to whom a copy of the articles of charge has been de-livered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex – parte .

 

( 21 ) ( a )  Where a punishing authority competent to impose any of the penalties specified in clauses ( I ) to  ( iv ) of rule 5 but not competent to impose any of the penalties specified in clauses ( v ) to  ( ix ) of rule 5 has itself inquired into or caused to be inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it , is of opinion that the penalties specified in clauses ( v ) to  ( ix ) of rule 5 should be imposed on the Government employee , that authority shall forward the records of the inquiry to such punishing authority as is competent to impose the last mentioned penalties .

 

( b )      The punishing authority to which the records are so forwarded may act on the evidence on the record or may , if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice , recall the witness and examine , cross-examine and re – examine and re – examine the witnesses and may impose on the Government employee such penalty as it may deem fit in accordance with these rules .

 

 

( 22 )    Whenever any inquiring authority after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein and is succeeded by another inquiring authority which has and which exercises such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor and partly recorded by itself .

 

            Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross – examine and       re – examine any such witnesses as herein before provided.

 

(23) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain

 

(a)  the articles of charge and the statement of the imputations of misconduct or misbehaviour ;

 

( b )      the defence of the Government employee in respect of each article of charge ;

 

( c )      an assessment of the evidence in respect of each article of charge ;

 

( d )      The findings on each article of charge and the reasons therefore .

 

Explanation: -  If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its finding on such article of charge .

 

( ii )      The inquiring authority where it is not itself the punishing authority shall forward to the punishing authority the records of inquiry which shall include –

 

(a)          the report prepared by it under clause (i);

(b)          the written statements of de fence, if any submitted by the Governments employee;

(c)          the oral and documentary evidence produced in the course of the inquiry;

(d)          written brief, if any field by the Presenting Officer, or the Government employee or both during the course of the course of the inquire; and

(e)          the others, if any, made by the punishment authority and the inquiring authority in regard to the inquiry.

 

9.         Action on the inquiry report - (1)  The punishment authority, if it is not itself the inquiring authority may, for reason to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and the inquiring authority shall thereupon proceed to hold the further inquiring according to the provision of rule 8 as far as may be.

 

(2)        The punishing authority shall, if it disagrees with the finding of the inquiring authority on any article of charge, record its reasons for each disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.

 

(3)        If the punishing authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (I) to ( iv ) of Rule 5 should be imposed on the Government employee, it shall, notwithstanding anything contained in rule 10, make an order imposing such penalty;

Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the punishing authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the Government employee.

 

(4)        If the punishing authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry, is of opinion that any of the penalties specified in clauses ( v ) to ( ix ) of Rule 5 should be imposed on the Government employee ,it shall make an order imposing such penalty and it shall not be necessary to give the Government employee any opportunity of making representation on the penalty proposed to be imposed ;

 

Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the punishing authority to the Commission for its advice and such advice shall be taken into consideration before making an order imposing any such penalty on the Government employee*.

 

*[Substituted vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

10.       Procedure for imposing minor penalties–(1) Subject to the provisions of sub-rule (4 – A) of rule 8 sub – rule 3 of rule 9, no order imposing on a Government employee any of the penalties specified in clauses ( I ) and ( iv ) of rule 5 shall be made except after-

 

( a )      informing the Government employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken , and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal ;

 

( b )      holding an inquiry in the manner laid down in sub – rules ( 3 ) to  ( 23 ) of rule 8, in every case in which the punishing authority is of the opinion that such inquiry is necessary;

 

( c )      taking the representation , if any submitted by the Government employee under clause ( a ) and the record of inquiry , if any , held under clause ( b ) into consideration :

 

( d )      recording a finding on each imputation of misconduct or misbehaviour; and

 

( e )      consulting the Commission where such consultation is necessary .

 

( 2 )      The record of the proceeding in such cases shall include –

 

(i)         a copy of the intimation to the Government employee of the proposal to take action against him ;

(ii)        a copy of the statement of imputations of misconduct or misbehaviour delivered to him ;

(iii)               his representation , if any;

(iv)              the advice of the commission, if any ;

(v)                the findings of the punishing authority and also the report of the inquiring authority in case an inquiry has been held under clause ( b ) of sub – rule ( 1 ) ; and*

 

   *[Substituted vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

(vii)      the orders on the case together with the reasons therefore.

 

11.       Communication of orders - Order made by the punishment authority shall be communicate to the Government employee who shall also be supplied with a copy of the report of the inquiry, if any, help by the punishment authority and a copy of its findings on each article of charge, or where the punishment authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings of the punishing authority together with brief reasons of any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any given by the Commissioner and where the punishing authority has not accepted the advice of the Commissioner, a brief statement of the reason for such non acceptance.

 

12.       Common Proceeding-  (1)-Where two or more Government employees are concerned in any case, the Governor or any other authority competent to impose the penalty of dismissal form service on all such Government employees may make an order directing that disciplinary action against all on be taken in a common proceeding and if the authority competent to impose the penalty of dismissal on such Government employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authority with the consent of the other*.

 

*[Substituted vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

(2)        Any order under sub-rule (1) shall specify -

 

(i)         the authority which may function as the punishing authority for the purpose of such common proceedings;

(ii)                the penalties specified in Rule 5 which such punishing authority shall be competent to impose;

(iii)               whether the procedure laid down in Rule 8 and 9 or Rule 10 shall be followed in the proceeding.

 

13.       Special procedure in certain cases - Notwithstanding anything contained in Rule 8,9,10,11 and 12-

(i)                  where any penalty is imposed on a Government employee on the ground of conduct which has led to his conviction on a criminal charge; or

(ii)                where the punishing authority is satisfied for recorded by it in writing that it is not reasonable practicable to hold an inquiry in the manner provided in these rules; or

(iii)               where the Government is satisfied that in the interest of the security of the Sate, it is not expedient to hold any inquiry in the manner provided in these rules, the punishing authority may consider the circumstances of the case and make such orders thereon as it deems fit;

 

Provided that the Commissioner shall be consulted, where such consultation is necessary, before any orders are made in any under this rule.

 

PART V

Appeals

 

14.       Order against which no appeal lies  - Notwithstanding anything contained in this part, no appeal shall lie against-

(i)                  any order made by the Governor.

(ii)                any order of a interlocutory nature or the nature to step-in-aid of the final disposal of a disciplinary proceeding other than an order of suspension;

(iii)               any order passed by an inquiring authority in the course of an inquiring under Rule 8.

 

15.       Order against which appeal lies- Subject to the provision of Rule 14 a Government employee may prefer an appeal against all or any of the following orders, namely-

(i)                  an order imposing any of the penalties specified in Rule 5 whether made by the punishing authority or deemed to have been made under Rule 4;

(ii)                an order imposing any of the penalties specified in Rule 5 whether made by the punishing authority or by any appellate or reviewing authority;

(iii)               an order enhancing any penalty imposed under Rule5;

(iv)              an order which;

(a)    denies or varies to his disadvantage his pay, allowances, pension or other condition of service as regulating by rules or by agreement;

(b)    an order to his disadvantage the provision of any such rule or agreement;

 

(v)                an order-

 

(a)       stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;

(b)       reverting him while officiating in a higher service, grade or post to a lower service, grade or post otherwise than as a penalty;

(c)       reducing or withholding the pension or denying the maximum pension admissible to him under the rules;

(d)       determining the subsistence and other allowances to be paid to him for the period of suspension or for any the rules;

(e)       determined his pay and allowances-

 (i)     for the period of suspension; or

(ii)     for the period form the date of his dismissal, removal, or compulsory retirement form service, or form the date of his reduction to a lower service, grade, post, time scale or  stage in a time scale of pay to the date of his reinstatement or restoration to his service, grade or post; or

 

(f)         determining whether or not the period form the date of his suspension or form the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale of pay or stage in a time scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on a duty for any purpose.

Explanation:  In the rule-

(i)                  the expression ‘Government employee’ includes a person who has ceased to be in Government service;

(ii)                the expression ‘Pension’ include additional pension, gratuity and any other retirement benefit.

16.       Appellate authorities- A Government employee, including a person who has ceased to be a Government employee, may prefer an appeal against all or any of the orders specified in Rule 15 to the authority specified in this rules regulating his appointment and condition of service.

 

17.       Period of limitation of appeal- No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty- five days form the date on which a copy of order appealed is delivery to the appellant;

 

             Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

 

18.       Form and content of a appeal- (1)  Every person preferring an appeal shall do so separately and in his own name.

 

(2)        The appeal shall be presented to the authority to whom the appeal lies, a copy being forwards by the appellant to the authority which made the order appealed against. It shall contain material statement and arguments on which the appellant relies but shall not contain any disrespectful or improper language, and shall be complete in itself.

 

(3)        The authority which made the order appealed against shall on receipt of a copy of the appeal, forwards the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction form the appellate authority.

 

19.       Consideration of appeal -  (1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 4 and having regards to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

 

(2)        In the case of an appeal against an order imposed any of the penalties specified in Rule 5 or enhancing any penalty imposed under the said Rule, the appellate authority shall consider-

a.             Whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provision of the Constitution of India or in the failure of justice;

b.            Whether the finding of the punishing authority are warranted by the evidence on the record; and

c.             Whether the penalty or the enhanced penalty imposed is adequate, inadequate or serve;

and pass orders-

(i)         confirming, enhancing, reducing or setting aside the penalty; or

(iii)               remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case;

Provided that-

(i)         the Commissioner shall be consulted in all cases where such consultation is necessary;

(ii)                if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 5 and an inquiry under Rule 8 has not already been held in the case, the appellate authority shall, subject to the provision of rule 13, itself hold such inquiry or direct that such inquiry be help in accordance with the provision of Rule 8 and thereafter, on a consideration of the proceeding of such inquiry make such orders as it may deem fit;

(iii)               if the enhanced penalty which the appellate authority propose to impose is one of the penalties specified in clauses (v) to (ix) of Rule 5 and an inquiry under Rule 8 has not already been help in the case, the appellate authority shall make such orders as it may deem fit; and

(iv)              no orders imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity as far as may be in accordance with the provision of Rule 10 of making a representation against such enhanced penalty.

 

20.       Implementation of orders in appeal - The authority which made the orders appealed against shall give effect to the orders passed by the appellate authority.

 

PART VI

 

21.  Review -  (1) Notwithstanding anything contained in these Rule-

(i)                  the Governor; or

(ii)                the appellate authority, within six months of the orders proposed to be reviewed; or

(iii)               any other authority, specified in this behalf by the Governor by a general or special orders, and within such time as may be prescribed in such general or special orders;

 

            may at any time, either on his or its own motion or otherwise call for the records of any inquiry and review any orders made under these rules or under the rule repealed by Rule 25 form which an appeal is allowed, but form which no appeal has been preferred or form which no appeal is allowed, after consultation with the co missioner where such consultation is necessary, and may-

(a)    confirm, modify or set aside the order; or

(b)    confirm, reduce, enhance or set aside the penalty imposed by the other authority directing such authority to make such further inquiry as it may consider proper in the circumstance of the case; or

(c)    remit the case to authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or

(d)    pass such other orders as it may deem fit:

 

Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the Government employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of Rule 5 or to enhance the penalty imposed by the order sought to be reviewed to any to enhance the penalty specified in those clauses , no such penalty shall be imposed except after an inquiry in the manner laid down in Rule 8 and except after consultation with the Commission , where such consultation is necessary .

 

22        Service of orders, notices, etc.- Every order, notice and other process made or issued under these rules shall be served in person on the Government employee concerned or communicated to him by registered post;

 

Provided that if there is reason to believe that the Government employee is keeping out of the way for the purpose of avoiding service , or that for any other reason. The order , notice and other process cannot be served upon him in the manner aforesaid , the same shall be got published in any of the leading newspapers of the region giving last known address of the employee concerned and thereupon the same shall be deemed to have been served upon him*.

 

*[Substituted vide Notification No. G.S.R.4/Const./Art.187.309 and 318 Amd(2)/85 dated 9-1- 1985]

 

 

23        Power to relax time limit and to condone delay – Save as otherwise expressly provided in these Rules , the authority competent under these rules to make any order may , for good and sufficient reasons or if sufficient cause is shown , extend the time specified in these rules for anything required to be done under these rules or condone any delay .

 

24        Supply of copy of commission’s advice- Whenever the commission is consulted as provided in these rules , a copy of the advice by the Commission and where such advice has not been accepted , also a brief statement of the reasons for such non – acceptance , shall be furnished to Government employee concerned with a copy of the order passed in the case , by the authority making the order 

 

25        Repeal and saving - ( 1 ) The Punjab civil services ( Punishment and Appeal) Rules, 1952 and any notifications or orders issued in so far as they are inconsistent with these rules , are hereby repealed :

 

Provided that : -

( a )      such repeal shall not affect the previous operation of the said rules or any notification or order made , or anything done , or any action taken , thereunder ; and

( b )      any proceedings under the said rules , pending at the commencement of these rules , shall be continued and disposal of , as far may be in accordance with the provisions of these rules as if such proceedings were proceedings under these rules .

 

(2)        Nothing in these rules shall be construed as depriving any person to whom these rules apply of any right of appeal which had accrued to him under the rules, notification or orders in force before the commencement of these rules.

 

(3)        An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made in accordance with these rules , as if such orders were made and the appeal was preferred under these rules .

 

(4)        As from the commencement of these rules any appeal or application for review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules.

Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or review provided by any rule in force before the commencement of these rules.

 

26        Removal of doubts - If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Governor or such other authority , as may be specified by the Governor by a general or special order; and the Governor or such other authority shall decide the same

 

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