Procedure for Imposing Major Penalties - Short Not

Procedure for Imposing Major Penalties 

i.Issue Memorandum of charges in S.F.5 and provide copies of documents or their inspection. 

ii.Obtain and consider statement of defence.

iii.Appoint Inquiry Officer if charges are not admitted. Send record of case to the Inquiry Officer. 

iv.Inquire Officer will allow a defence counsel. Perusal and extracting from list of documents relied upon should be permitted. Additional document, where asked for, and are relevant should also be permitted.

v.Inquiry Officer will decide modalities of inquiry defence witnesses to be called for fix calendar for inquiry and sort out other preliminary matters.

vi.The procedure for conducting the inquiry:-

a) The charges will be explained to the employee. Documents may be produced as required.

b)The charged employee will be asked to state if he accept or denies the charge. Also if he will take a defence counsel or will defend his case himself.

c)The prosecution cited in the charge sheet, will be examined, each one separately. Them cross examination of each witness by the charged employee or his counsel. Reexamination on any point of cross-examination, if necessary.

d)The defence witnesses, if any, may then be examined, cross-examined and re-examined.

e)The charged employee will be permitted to submit his defence.

f)Inquiry authority may question the charged employee on the circumstances appearing against him in the evidence.

g)The charged employee will be permitted to file written briefs.

vii.Based on the evidence on record, the Inquiry Officer shall draw his findings and inquiry report and send it along with records of case and records of inquiry to the Disciplinary authority.

viii. A copy of the Inquiry Report should invariably be given to the charged employee and his defence. If submitted should be considered before any further action is taken.

ix. A copy of the Inquiry Report should invariably be given to the charged employee and his defence. If submitted should be considered before any further action is action is taken. 

x.The Disciplinary authority shall consider the report and may accept it or draw its own finding or remit it or ask for fresh inquiry.

xi. f it is decided to impose a penalty which is within its competency authority.