Section 36 in The Central Industrial Security Force Rules, 2001
36. Procedure for imposing major penalties. - (1) Without prejudice to the provisions of the Public Servants [(Inquiries)] Act, 1850 (37 of 1850), no order imposing on an enrolled member of the Force any of the penalties as specified in clauses (i) to (v) of rule 34 shall be made except after an inquiry held, as far as may be, in the manner hereinafter provided.
(2)Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an enrolled member of the Force, 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 (18) of this rule shall be construed as a reference to the disciplinary authority.[(2-A) Where there is a complaint of sexual harassment within the meaning of rule 3-C of the Central Civil Services (Conduct) Rules, 1964, the Complaints Committee established in Central Industrial Security Force for inquiries into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules.] [Inserted by G.S.R. 533(E), dated 31.7.2007 (w.e.f. 3.8.2007). ](3)Where it is proposed to hold an inquiry against an enrolled member of the Force under this rule the disciplinary authority shall draw up or cause to be drawn up--(i)the substance of the imputation of misconduct or misbehaviour into definite and distinct articles of charge;(ii)a statement of the imputation of misconduct or misbehaviour in support of each article of charge, which shall contain--(a)a statement of all relevant facts including any admission or confession made by the enrolled member of the Force,(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 enrolled member of the Force a copy of the articles of charge, the statement of imputations 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 enrolled member of the Force to submit, within such time as may be specified, a written statement of his defence and to state 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 to do so, appoint under sub-rule (2), an inquiring authority not below the rank of Inspector for the purpose, and where all the articles of the charge have been admitted by the enrolled member of the Force in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall pass an order in the manner laid down in sub-rules (20) to (22).(b)If no written statement of defence is submitted by the enrolled member of the Force, 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 inquiries into any article of charge or appoints an inquiring authority for holding any enquiry into such charge, it may, by an order, appoint a member of the Force to be known as the "presenting officer" to present on its behalf the case in support of the articles of charge. ] [Inserted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ](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 enrolled member of the Force;(iii)a copy of the statement of witnesses, if any, referred to in sub-rule (3);(iv)evidence proving the delivery of the documents referred to in sub-- rule (3) to the enrolled member of the Force;(v)[ a copy of the order appointing the presenting officer.] [Inserted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ](7)The enrolled member of the Force shall appear in person before the inquiring authority on such day and at such time and place, within ten working days from the date of receipt by him of the article of charge and the statement of imputation of misconduct or misbehaviour as the inquiring authority may, by 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 enrolled member of the Force so charged may be permitted by the inquiring authority to present his case with the assistance of any other member of the Force posted at the place of inquiry. He will give three choices for his defence assistance and the controlling officer will depute anyone of the three indicated by him.(b)The [* * *] [Certain words omitted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ] member of the Force cannot have more than three cases in hand in which he is rendering defence assistance. However, the controlling authority of such person who is sought to be engaged may refuse permission for his working as defence assistant if the public interest so demands.(9)If the enrolled member of the Force who has not admitted any of the article of charge in his written statement of defence or has not submitted any 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 the articles of charge, the enquiring authority shall record the plea, sign the record and obtain the signature of the enrolled member of the Force thereon.(10)[(a) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the enrolled member of the Force pleads guilty;(b)The inquiring authority shall, if the enrolled member of the Force fails to appear within the specified time or 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 enrolled member of the Force 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 witnesses 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 Government but not mentioned in the list referred to in sub-rule (3).](11)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 for 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.] [Inserted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ](12)On receipt of the requisition referred to in sub-rule (11), 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 the 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 enrolled member of the Force and withdraw the requisition made by it for the production or discovery of documents.[* * *] [Omitted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ][* * *] [Omitted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ](15)[ On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the presenting officer and may be cross-examined by or on behalf of the enrolled member of the Force. The presenting officer shall be entitled to re-examine the witnesses 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 questions to the witnesses as it thinks fit.(16)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 enrolled member of the Force or may itself call for new evidence or recall and re-examine any witness and in such case the enrolled member of the Force shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the enquiry 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 enrolled member of the Force an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the enrolled member of the Force to produce new evidence, if it is of the opinion that the production of such evidence is necessary, in the interests of justice.Note .-New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna of defect in the evidence which has been produced originally.] [Substituted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ](17)[ When the case for the disciplinary authority is close, the enrolled member of the Force 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 enrolled member of the Force 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.(18)(a)The evidence on behalf of the enrolled member of the Force shall then be produced. The enrolled member of the Force may examine himself in his own behalf if he so prefers. The witnesses produced by the enrolled member of the Force 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 witnesses for the disciplinary authority.(b)The inquiring authority may, after the enrolled member of the Force closes, his case, and shall, if the enrolled member of the Force has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the enrolled member of the Force to explain any circumstances appearing in the evidence against him.(c)The inquiring authority may, after the completion of the production of evidence, hear the presenting officer, if any, appointed and the enrolled member of the Force, or permit them to file written briefs of their respective case, if they so desire.(d)Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in any inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and 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 interests of justice, it may recall, examine, cross--examine and re-examine any such witnesses as hereinbefore provided.(e)If the enrolled member of the Force to whom a copy of the articles of charge has been delivered, does not submit written statement 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 .](19)(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 enrolled member in respect of each article of charge;(c)an assessment of the evidence in respect of each article of charge;(d)the findings on each article of charge and reasons thereof.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 enrolled member has either admitted the fact on which such article of charge is based or has had 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 enquiry which shall include--(a)the report prepared by it under clause (i) ;(b)the written statement of defence, if any, submitted by the enrolled member;(c)the oral and documentary evidence produced in the course of inquiry;(d)written brief, if any, filed by the enrolled member [or the presenting officer] [Inserted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ] during the course of the inquiry; and(e)the orders, if any, made by the disciplinary authority and the inquiry authority in regard to the enquiry.(20)(i)Where a disciplinary authority competent to impose any of the minor penalties and not competent to impose any of the major penalties specified in rule 34 has itself inquired into or cause to be inquired into the articles of any charge and that authority having regard to his own finding or having regard to his decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the major penalty specified in rule 34 should be imposed upon the enrolled member, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose any of the major penalties.(ii)The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may remit the case to the disciplinary authority from whom the records were forwarded or the inquiring authority, as the case may be, for further inquiry and report on any point.(21)(i)The disciplinary authority, if it is not itself the inquiry authority, may consider the records of inquiry and record its findings on each charge. The disciplinary authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiry authority shall thereupon proceed to hold the further inquiry according to the provisions of this rule as far as may be.(ii)The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge if the evidence on record is sufficient for the purpose.(iii)[ The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with reasons for disagreement, if any, and record it own findings on any article of charge, to the enrolled member of the Force who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within fifteen days irrespective of whether the report is favourable or not to the enrolled member of the Force. [Inserted by G.S.R. 462(E), dated 23.5.2003 (w.e.f. 9.6.2003). ](iv)The disciplinary authority shall consider the representation, if any, submitted by the enrolled member of the Force before proceeding further in the manner as provided in sub-rule (22) of rule 36.](22)(i)If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the minor penalties specified in rule 34 should be imposed on the enrolled member, it shall, notwithstanding anything contained in rule 37, make an order imposing such penalty.(ii)If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of evidence adduced during the course of inquiry, is of the opinion that any of the major penalties specified in rule 34 should be imposed on the enrolled member, it shall make an order imposing such penalties and it shall not be necessary to give the enrolled member any opportunity of making representation on the penalty proposed to be imposed.
