Section 32 in The Tripura Board of Secondary Education (Terms and Conditions of Appointment and Discipline of the Employees) Rules, 1982
32.
(1)No order imposing any of the penalties specified in Clauses (v) to (ix) of Rule 29 shall be made except after an enquiry held as far as may be, by the public servants (Inquiries) Act, 1850 (37 of 1850) where such enquiry is held under that Act.(2)Wherever the disciplinary authority is of the opinion that there are grounds for inquiry into the truth of any imputation of misconduct or misbehaviour against an employee, it may itself inquire into or appoint, an authority to inquire into the truth thereof.Explanation. - Where the disciplinary authority itself holds the inquiry any reference in sub-rules (7) to sub-rule (20) and sub-rule (22) to the enquiring authority shall be construed as a reference to the disciplinary authority.(3)Where it is proposed to hold an enquiry against an employee under this rule and Rule 33, the disciplinary authority shall draw up or cause to the drawn up-(i)the substance of the imputation of misconduct or misbehavior into definite and distinct articles of charge ;(ii)a statement of imputation of misconduct or misbehavior in support of each article or charge, which shall contain-(a)statement of all relevant facts including any admission or confession made by the employee ;(b)a list of documents by which, and a list of witnesses by whom the articles of charge are proposed to be sustained.(4)The disciplinary authority shall deliver or cause to be delivered to the employee a copy of the articles of charges, the statement of the imputation of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the employee to submit within such time as may be specified a written statement of his defence and to stale whether he desires to be heard in person.(5)(a)On receipt of the written statement of defence, the disciplinary authority may, itself inquire into such of the articles of charge as are not admitted, or if it considers it necessary so to do, appoint under sub-rule (2) as inquiring authority for the purpose, and where all the articles of charge have been admitted by the employee in his written statement of defence the disciplinary authority shall record its findings on each charge as it may think fit and shall act in the manner laid down in Rule 33.(b)If no written statement of defence is submitted by the employee, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do so, appoint under sub-rule (2), an inquiring authority for the purpose.(c)Where the disciplinary authority itself inquires into any article of charge or appoints an inquiring authority for holding an inquiry into such charge, it may by an order appoint an employee of the Board or a legal practitioner ; to be known as the "Presiding Officer" to present on its behalf the case in support of the articles of charge.(6)The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority-(i)a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;(ii)a copy of the written statement of defence, if any, submitted by the employee;(iii)a copy of the statement of witnesses, if any, referred to in sub-rule (3);(iv)a copy of the order appointing the "Presiding Officer".(7)The employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the statement of the imputation of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing specify in this behalf or within such further time, not exceeding ten days, as the inquiring authority may allow.(8)(a)The employee may take the assistance of any other employee to present the case on his behalf, but may not engage a legal practitioner for the propose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority having regard to the circumstances of the case so permits.(b)The employee may also take the assistance of a retired employee of the Board or a retired Government servant to present the case on his behalf subject to such conditions as may be specified by the President from time to lime by general or special order in this behalf.(9)If the employee who has not admitted any of the articles of charge in his written statement of defence appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of articles of charge, the inquiring authority shall record the plea sign the record and obtain the signature of the employee thereon.(10)The inquiring authority shall returns a finding of guilt in respect of those articles of charge to which the employee pleads guilty.(11)The inquiring authority shall, if the employee fails to appear within the specified time refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence-(i)inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-rule (3) ;(ii)submit a list of witness to be examined on his behalf;(iii)give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow ; for the discovery or production of any documents which are in the possession of the Board but not mentioned in the list referred to in sub-rule (3).(12)The inquiring authority shall on receipt of the notice for the discovery or production of documents forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition of the production of the documents by such date as may be specified in such requisition :Provided that the inquiring authority may, for reasons to be recorded by it in writing refuse to requisition such of the documents as are, in its opinion not relevant to the case.(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 reasons to be recorded by it in writing that he production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall on being so informed communicate the information to the employee and withdraw the requisition made by it for the production or discovery of such documents.(14)On the date fixed for the enquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf the disciplinary authority. The witness shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the employed. The Presenting Officer shall be entitled to re-examine the witness 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 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 disciplinary authority the inquiring authority may in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the employee or may itself call for new evidence or re-call and re-examine any witness and in such case the employee shall be entitled to have, if the demands it a copy of the list of further evidence proposed to be produced and and an adjournment of the inquiry for three clear days before the production of such new evidence exclusive of the day of adjournment and the day to which the enquiry is adjourned. The inquiring authority shall give the employee an opportunity of inspection of such documents before they are taken on the record. The inquiring authority may also allow the employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interests of justice.(16)When the case for the disciplinary authority is closed, the 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 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.(17)The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf, if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross-examination re-examination and examination by the inquiring authority according to the provisions applicable to the witness for disciplinary authority.(18)The inquiring authority may, after the employee closes his case and shall if the employee has not examined himself generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the 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 employee or permit them to file written briefs of their respective case if they so desire.(20)If the employee to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before 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)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 exercises such jurisdiction the inquiring authority 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 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 re-call, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.(22)(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 employee in respect of each article of charge ;(c)an assessment of the evidence in respect of each article of charge ;(d)the finding of 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 article of the charge, it may record its findings on such article of charge :Provided that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such article of charge is based or has a reasonable opportunity of defending himself against such article of charge.(ii)The inquiring authority, where it is not itself the disciplinary authority shall forward to the disciplinary authority the. records of inquiry which shall include-(a)the report prepared by it under Clause (i) ;(b)the written statement of defence submitted gay the employee ;(c)the oral and documentary evidence produced in the course of the inquiry;(d)written briefs, if any, filed by the Presiding Officer or the employee or both during the course of inquiry ; and(e)the orders if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.
