Section 46 in U.P. Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institution, Teachers and other employees of the Institutions Rules, 2009
46.
(1)On receipt of a complaint or an adverse reports of facts of a serious nature, the Committee of Management may in the cases of teachers appoint the Head of the Institution or the Manager as the Enquiry Officer (or the manager may himself setup the enquiry if such power has been delegated to him by the Committee of Management under rules), and in the case of the head of the institution a small sub-committee shall be constituted with instructions to submit the report as expeditiously as possible.In case of Group C employees, the head of the institution shall appoint a senior teacher as an enquiry officer.(2)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 employee charged and which shall be so clear and precise as to give sufficient indication to the charged employee of the facts and circumstances against him. He shall be required within three weeks of the receipt of the charge-sheet to put in a written statement of his defence and to state whether he desires to be heard in person. If he or the enquiring authority so desires, an oral enquiry shall be held in respect of such of the allegations as are not admitted. At that enquiry such oral evidence shall be heard as that enquiring authority considers necessary.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 enquiring authority conducting the enquiry may, for sufficient reasons to be recorded in writing, refuse to call a witness the proceedings shall contain a sufficient record of the evidence and statement of the findings and the grounds thereof. The enquiring authority conducting the enquiry may also, separately from these proceedings make his own recommendation regarding the punishment to be imposed on such employee.(3)Sub-regulation (2) shall not apply where the person concerned has absconded, or where it is for other reasons impracticable to communicate him.(4)All or any of the provisions of sub-regulation (1) may for sufficient reasons to be recorded in writing be waived where there is difficulty in observing exactly the requirement thereof and those requirements can in the opinion of the enquiring authority be waived without injustice to the person charged.
