Section 30 in Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012
30. Action on inquiry report:-
(1)The Disciplinary Authority, if it is not itself the Inquiring Authority may, forreasons to be recorded by it in writing, remit the case to the Inquiring Authority forfurther inquiry and report and the Inquiring Authority shall thereupon proceed tohold the further inquiry according to the provisions of Rule 29, as far as may be.(2)The Disciplinary Authority shall forward or cause to be forwarded a copy of thereport of the inquiry, if any, held by the Disciplinary Authority or where theDisciplinary Authority is not the Inquiring Authority, a copy of the report of theInquiring Authority together with its own tentative reasons for disagreement, if any,with the findings of Inquiring Authority on any article of charge to the Member ofthe Service who shall be required to submit, if he so desires, his writtenrepresentation or submission to the Disciplinary Authority within fifteen days,irrespective of whether the report is favourable or not to the Member of the Service.(3)The Disciplinary Authority shall consider the representation, if any, submittedby the Member of the Service and record its findings before proceeding further inthe matter as specified in sub-rules (4) and (5).(4)If the Disciplinary Authority having regard to its findings on all or any of thearticles of charge is of the opinion that any of the penalties specified in clauses (i)to (iv) of rule 26 should be imposed on the Member of the Service, it shall,notwithstanding anything contained in rule 31, make an order imposing suchpenalty:Provided that in every case where the Disciplinary Authority is not the AppointingAuthority and if it is necessary to consult the Appointing Authority, the record ofthe inquiry shall be forwarded by the Disciplinary Authority to the AppointingAuthority for its advice and such advice shall be taken into consideration beforemaking any order imposing any penalty on the Member of the Service.(5)If the Disciplinary Authority having regard to its findings on all or any of thearticles of charge and on the basis of the evidence adduced during the inquiry is ofthe opinion that any of the penalties specified in clauses (v) to (ix) of rule 26 shouldbe imposed on the Member of the Service, it shall make an order imposing suchpenalty and it shall not be necessary to give the Member of the Service anyopportunity of making representation on the penalty proposed to be imposed:Provided that in every case where the Disciplinary Authority is not the AppointingAuthority, the record of the inquiry shall be forwarded by the DisciplinaryAuthority to the Appointing Authority and the Appointing Authority before makingan order imposing any such penalty on the Member of the Service shall take intoconsideration the inquiry report and recommendation of the Disciplinary Authority.
