9911796707
TMI BlogProcedure for imposing major penaltiesX X X X Extracts X X X X X X X X Extracts X X X X ..... overnment of India, retired Secretary to any State Government or retired Executive Director of any Financial Institution/Nationalised Bank/Reserve Bank of India] (hereinafter referred to as the inquiry officer) to inquiry into the truth thereof. Explanation : A breach of any of the provisions of these regulations shall be deemed to constitute a misconduct. The enquiry under this regulation, shall be done, in case the employee against whom proceeding is taken is an officer, by any officer who is in a grade higher than such employee and in the case of other employees any officer. Explanation : When the Competent Authority itself holds the inquiry any reference in sub- regulation (8) to sub-regulation (21) to the inquiry Officer shall be const ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of statements of the witnesses, if any; (v) evidence providing the delivery of articles of charge under sub-regulation (3); (vi) a copy of the order appointing the 'Presenting Officer' it terms of sub-regulation (6). (6) Where the Competent Authority itself inquires or appoints an inquiring authority for holding an inquiry, it may, by an order, appoint an officer to be known as the Presenting Officer to present on its behalf the case in support of the articles of charge. (7) The employee may take the assistance of any other employee but may not engage a legal practitioner, for the purpose, unless the presenting officer appointed by the Competent Authority, is a legal practitioner or Competent Authority having regard to the circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... witnesses to be relied upon, if any, recorded earlier and the Inquiry Officer shall furnish such copies not later than three days before the commencement of the examination of the witnesses by the Inquiry Officer; (iv) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring officer may allow for the discovery or production of the documents referred to in item (ii). Note : The relevancy of the documents and the examination of the witnesses referred to in sub-clause (ii) shall be given by the employee concerned. (11) The inquiry officer shall, on receipt of the notice for the discovery or production of the documents, forward the same or copies thereof to the authority in whose custody or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -examine any witness. In such case the employee shall be given opportunity to inspect the documentary evidence before it is taken on record, or to cross-examine a witness, who has been so summoned. The Inquiry Officer may also allow the employee to produce new evidence, if it is of opinion that the production of such evidence is necessary in the interests of justice. (15) When the case in support of the charges is closed, the employee may 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 employee shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presenting officer, if any, appointed. (16) The eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion therein, and is succeeded by another Inquiry Officer which has, and which exercises, such jurisdiction, the Inquiry Officer so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself: Provided that if the succeeding Inquiry Officer 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. (21) (i) On the conclusion of the inquiry the Inquiry Officer shall prepare a report which shall contain the following : (a) a gist of the articles of charge and the statement of the im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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