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[Cites 0, Cited by 0] [Section 9] [Entire Act]

State of Tamilnadu - Subsection

Section 9(2) in Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973

(2)In cases where it is proposed to impose on a member of the service any of the penalties specified in clauses 3, 6, 7, 8 and 9 of regulation 3, the grounds on which it is proposed to take action shall be reduced to the form of definite charge or charge together with a statement of the allegations on which it is proposed to take into consideration in passing orders on the case. He 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 or to be heard in person or both. An oral enquiry shall be held if such an enquiry is desired by the person charged or is directed by the authority concerned.At the enquiry, oral evidence shall be heard 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 reasons 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 grounds thereon, the enquiry shall ordinarily be conducted by the disciplinary authority. In respect of cases for which the Additional Director of Health Services and Family Planning is the disciplinary authority, such enquiry shall be conducted either by himself or, at his direction, by any subordinate authority.