Section 45 in Andhra Pradesh Village Servants Service Rules, 2005
45. Procedure for enquiry:
(1)The enquiry before imposition of any of the penalties other than fine against a village servant shall be made in the manner hereinafter provided.The grounds on which it is proposed to take action against a Village Servant shall be reduced to the form of definite charge or charges which shall be communicated to him and he shall be required to appear on a day to be fixed, before the enquiry officer to answer the charge or charges. On that day, the village servant shall be required to put in a written statement of his defence and to state whether he desires an oral enquiry. An oral enquiry shall be held if such an enquiry is desired by the village servant and he shall be heard in person if so desired. At such enquiry, oral evidence shall be heard as to such of the allegations or not admitted by the persons charged and he shall be entitled to cross examine the witnesses, to give evidence in person and to have such witnesses as he may wish to be called, provided that the officer conducting the enquiry may for a reasons to be recorded in writing refuse to call any witness. After the enquiry is completed the person charged shall be entitled to put in a further written statement of his defence.(2)The authority competent to impose the penalty shall, on consideration of the proceedings of enquiry under sub-rule (1) arrive at a provisional conclusion in regard to the punishment proposes to impose on the village servant shall communicate the provisional conclusion in writing and call upon the delinquent to appear on a certain day to be fixed by him to show cause against the particular punishment proposed to be imposed. On that day, the said authority shall record his plea and hear his representation. Any representation made in this behalf by the person charged shall be duly taken into consideration before final orders are passed.(3)An enquiry may be made in the absence of a village servant charged when the officer holding the enquiry is satisfied that for some reason, to be recorded by him in writing, if it is not reasonably practicable to hold such enquiry.(4)The enquiry under sub-rule (1) may be conducted by an officer not below the rank of Mandal Revenue Officer or by any other officer not below the rank of Deputy Mandal Revenue Officer specially nominated by the authority competent to impose the punishment or any other higher authority. If the officer who conducted the said enquiry is not himself competent to impose the appropriate penalty on the village servant charged he shall submit the record of enquiry to the authority concerned with a report containing his findings. The authority competent to impose the punishment before passing final orders shall furnish a copy of the enquiry officer's report to the delinquent along with his provisional findings.(5)The requirements of sub-rules (1) and (2) shall not apply where it is proposed to punish a village servant on the ground of conduct which has led to his conviction on a criminal charge.(6)In passing orders on the cases referred to in this rule, the authority competent to impose the punishment shall briefly sum up the evidence on the several charges and record in the regional language, a distinct order as to whether the charge or charges have been proved or not with a concise statement of the person thereof and the punishment ordered.
