Section 5 in Tamil Nadu Municipal (Non-Centralised-Regular) Public Health Establishment Discipline and Appeal Regulations, 1977
5. Procedure for imposing penalties.
(1)In every case where it is proposed to impose fine on a member of establishment (in the case of persons for whom such penalty is permissible under these regulations) or to impose on a member of the establishment any of the penalties specified in items (i), (ii) and (iv) of regulation 3(1), he shall be given a reasonable opportunity of making any representation that he may desire to make and such representation, if any, shall be taken into consideration before the order imposing the penalty is passed:Provided that the requirements of this clause shall not apply where it is proposed to impose on a member of the establishment any of the penalties aforesaid on the basis of facts which have led to his conviction by a Court Martial or where the member concerned has absconded or where it is for other reasons impracticable to communicate with him.(2)In every case where it is proposed to impose on a member of the establishment any of the penalties specified in items (iii), (v), (vi) and (vii) of regulation 3(1), the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the member charged together with a statement of the allegations on which each charge is based and on any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required within a reasonable time to put in a written statement of his defence and to state whether he desires an oral enquiry or only to be heard in person or both. An oral enquiry shall be held if such an enquiry is desired by the member charged or is directed by the authority concerned. At that enquiry, oral evidence shall be heard as to such of the allegations as are not admitted and the member charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called as he may wish, provided that an officer conducting the enquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a witness. After the enquiry has been completed, the member charged shall be entitled to put in, if he so desires, any further written statement of his defence. If no enquiry is held and if he desires to be heard in person a personal hearing shall be given to him. The proceedings shall contain a sufficient record of the evidence and a statement of findings and grounds thereon.(3)After the enquiry referred to in clauses (2) has been completed and after the authority competent to impose the penalty mentioned in that clause has arrived at provisional conclusions in regard to the penalty to be imposed, the member charged shall be supplied with copy of the report of the enquiring authority and be called upon to show cause within a reasonable time not ordinarily exceeding one month against the particular penalty proposed to be inflicted.(4)Any representation in this behalf submitted by the member charged shall be taken into consideration before final orders are passed, provided that such representation shall be based only on the evidence adduced during the enquiry.(5)The requirements of clause (2) shall not apply where it is proposed to impose on a member of the establishment any such penalty as is referred to therein on the basis of facts which have led to his conviction in a Criminal Court (whether or not he has been sentenced by such Court to any punishment), but he shall be given a reasonable opportunity for making any representation that he may desire to make, and such representation, if any, shall be taken into consideration before the order imposing the penalty is passed.(6)The requirements of clause (2) shall not apply where it is proposed to impose on a member of the establishment any of the penalties mentioned in regulation 3 on the basis of facts which have led to his conviction by a Court Martial or where the member concerned has absconded or where it is for other reasons impracticable to communicate with him.(7)The provisions of clause (2) shall not apply where the State Government are satisfied that, in the interest of the security of the State, it is not expedient to follow the procedure prescribed in that clause.(8)All or any of the provisions of clauses (1), (2),and (3) may, in exceptional cases, for special and sufficient reasons to be recorded in writing, be waived where there is difficulty in observing exactly the requirements without injustice to the persons charged. If any question arises whether it is reasonably practicable to follow the procedure prescribed in clause (2), the decision thereon of the authority competent to dismiss or remove such person or reduce him in rank, as the case may be, shall be final.
