Section 8 in Tamil Nadu Municipal Services Discipline and Appeal) Rules, 1970
8. Procedure for imposing penalties.
(1)In every case where it is proposed to impose on a member of a service any of the penalties specified in clauses (1), (2), (4), (5) and (10) of rule 3, 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 penalty is passed:Provided that the requirements of the sub-rule shall not apply where it is proposed to impose on a member of a service any of the penalties aforesaid on the basis of facts which have led to his conviction by a court martial or where the officer 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 a service any of the penalties specified in clauses (3), (6), (7), (8) and (9) of rule 3,'the grounds on which it is proposed to take action shall be reduced to the form of definite charge or charges which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances on which it is proposed to take into consideration in passing orders in the case. The person so charged 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 is desired by the person charged or is directed by the authority concerned. At the enquiry, oral evidence shall be taken as to such of the allegations as are not admitted, and the person 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 the officer conducting the enquiry may, for special and sufficient reason to be recorded in writing refuse to call a witness, after the enquiry has been completed, the person 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 had desired 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 the findings and the grounds thereof.(3)[ After the inquiry or personal hearing referred to in sub-rule (2) has been completed, the authority competent to impose the penalty specified in that sub-rule is of the opinion on the basis of the evidence adduced during the inquiry that any of the penalties specified in rule 3 should be imposed on the person charged it shall before making an order imposing such penalty, furnish to him a copy of [xxx] inquiry or personal hearing or both as the case may be, and call upon him to submit his further representation if any, within a reasonable time not exceeding fifteen days. Any representation received in this behalf within the period shall be taken into consideration before making any order imposing the penalty provided that such representation shall be based on the evidence adduced during the inquiry only. It shall not be necessary to give the person charged any opportunity of making representation on the penalty proposed to be imposed.] [Substituted by G.O. Ms. No. 208, MA & WS (ME-II), dated 11th November 1998.](4)[ ***.] [Omitted by G.O. Ms. No 208, Municipal Administration and water supply (ME II) dated the 11th November 1998.](5)The requirements of sub-rule (2) shall not apply where it is proposed to impose on a member of a service any such penalty as is referred to therein on the basis of the 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 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.(6)The requirements of sub-rule (2) shall not apply where it is proposed to impose on a member of a service any of the penalties mentioned in rule 3 on the basis of facts which had led to his conviction by a court martial or where the person concerned has absconded or where it is for other reasons impracticable to communicate with him.(7)The provisions of sub-rule (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 sub-rule.(8)All or any of the provisions of sub-rules (1) and (2) 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 of the said sub-rules, and those requirements can be waived without injustice to the person charged. If any question arises whether it is reasonably practicable to follow the procedure prescribed in sub-rule (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.(9)A member of a service may be placed under suspension from service by the disciplinary authority or such other authority to whom the power may be delegated or the Commissioner of the Municipality, where -(i)an enquiry into grave charges against him is contemplated or is pending; or(ii)a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest:Provided that as and when a member of the service is placed under suspension by the authority other than the disciplinary authority such authority shall at once intimate the fact to the disciplinary authority.(10)A member of a service who is detained in custody whether on a criminal charge or otherwise for a period longer than 48 hours, shall be deemed to have been suspended under this rule.(11)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of a service under suspension is set aside in appeal or on review under these rules, and the case is remitted for further enquiry or action or with any other directions, the orders of his suspension shall be deemed to have continued in force on and from the date of original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.(12)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of a service is set aside or declared or rendered void inconsequence of or by a decision of a court of law, and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, such member of a service be deemed to have been placed under suspension by the appointing authority from the date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.(13)Where a Municipal servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Municipal servant shall continue to be under suspension until the termination of all or any of such proceedings.(14)An order of suspension made or deemed to have been made under this rale may at any time be revoked by the authority which made the order or by the appellate authority or the State Government.
