Section 36 in U.P. Zila Panchayats Service Rules, 1970
36. Procedure for disciplinary proceedings.
(1)No order (other than an order based on facts which have led to his conviction on a criminal charge) of dismissal, removal or reduction in rank (which includes reduction to a lower post or time-scale or to a lower stage in a time-scale but excludes reversion to a lower post of a person who is officiating in a higher post), shall be passed against any servant of the [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself. The grounds on which it is proposed to take action shall be reduced in the form of a definite charge or charges which shall be communicated to the person charged and which shall be so clear and precise as to give sufficient indication to the person charged of the facts and circumstances against him. He shall be required, within a reasonable time, to put in a written statement of his defence aid to state whether he desires to be heard in person. If he so desires or f the authority concerned so directs an oral enquiry shall be held in respect of such of the allegations as are not admitted. At the inquiry such oral evidence will be heard as the enquiring officer considers necessary. The person charged shall be admitted 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 sufficient reason to be recorded in writing refuse to call a witness. Neither the [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] nor the person charged shall be entitled to be represented by a counsel. The proceeding shall contain a sufficient record of the evidence and statement of the findings and the grounds thereof. The officer conducting the enquiry may also separately from these proceedings make his own recommendation regarding the punishment to be imposed on the person charged.(2)Sub-rule (1) shall not apply-(a)where a person is dismissed or removed or reduced in rank on the ground of conduct which has held to his conviction on a criminal charge ; or(b)where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to observe the prescribed procedure; or(c)where the State Government is satisfied and directs accordingly that in the interest of the security of the State it is not expedient to observe the prescribed procedure.(3)If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to observe wholly or partly the procedure prescribed in sub-rule (1), the decision thereon of the authority empowered to dismiss or remove or reduce in rank the person concerned shall be final.
