Section 30 in High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011
30. Procedure for imposing major penalties.
(1)No order imposing on a Court employee any of the penalties specified in Clauses (v) to (ix) of Rule 27 shall be passed except after an inquiry, held as far as may be in the manner hereinafter provided, and on the basis of the evidence adduced during such inquiry.(2)The Competent Authority shall frame definite charges on the basis of allegations on which the inquiry is proposed to be held. Such charges, together with a statement of allegations on which they are based, shall be communicated in writing to the Court employee, and he/she shall be required to submit, within such time as may be specified by the Competent Authority, a written statement of his/her defence and also to state, whether, he/she desires to be heard in person.(3)The Court employee shall for the purpose of preferring his/her defence, be permitted to inspect and take extracts from such official record other than records marked confidential or secret, as he/she may specify, provided that such permission may be refused, if for reasons to be recorded in writing, in the opinion of the Competent Authority such records are not relevant for the purpose or it is against public interest to allow him/her to access thereto.(4)On receipt of the written statement of defence, or if no such statement is received within the time specified, the Competent Authority may itself inquire into such of the charges as are not admitted or if it considers it necessary to so do, appoint a Board of Inquiry or an Inquiry Officer for the purpose.[Provided that where the charge includes the allegation of sexual harassment, as referred to in sub-rule (4) of Rule 4, complaints Committee established by the Chief Justice for the purpose of inquiring into the Complaints of sexual harassment shall be deemed to be the Inquiry Authority appointed by the Competent Authority for the purpose of these Rules. Such Complaints Committee shall hold inquiry into allegations contained in the charge-sheer in accordance with the procedure laid down under these Rules, so however, that for the purpose of maintaining the dignity of the victim of sexual harassment, it would be open for the committee to adopt its own procedure. Report of such Committee shall, be deemed to be an inquiry report and the Competent Authority shall treat the findings of the Committee recorded in such report as the findings in a disciplinary inquiry against the delinquent employee.Explanation. - Nothing stated in this proviso would preclude the competent Authority from holding the inquiry itself without the aid of a Board of Inquiry or inquiry Officer.] [Added by Notification No. 1/HC/C-1339/2011, dated 15.4.2013 (w.e.f. 1.9.2013).](5)The Competent Authority may nominate any person to present the case in support of the charges before the authority inquiring into the charges (hereinafter referred to as the Inquiring Authority). The Court employee may present his/her case with the assistance of any other Court employee of his/her choice and approved by the Competent Authority, but shall not engage a legal practitioner for the purpose unless the person nominated by the Competent Authority as aforesaid is a legal practitioner.(6)The Competent Authority where it is itself the Inquiring Authority or the Inquiring Authority where one is appointed shall in the course of the inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charges. The Court employee shall be entitled to cross-examine witnesses examined in support of the charges and give evidence in person as well as to examine his/her own witnesses. He/She and his/her witnesses when examined on his/her behalf, shall be subject to cross examination by the person presenting the case against him/her. The Competent Authority or Inquiring Authority may put questions to any person examined in support of the charges or by the Court employee. If the Inquiring Authority declines to examine any witness on the ground that his/her evidence is not relevant or material it shall record its reasons in writing.(7)At the conclusion of the inquiry, Competent Authority where it is itself the Inquiring Authority, or the Inquiring Authority where one is appointed shall prepare a report of the inquiry, recording its findings on each of the charges together with reasons therefore. If in the opinion of such authority, the proceedings of the inquiry establish charges different from those originally framed it may record findings on such charges provided that findings on such charges shall not be recorded unless the Court employee has admitted the facts constituting or has had an opportunity of defending himself/herself.(8)The record of the inquiry shall include: -(i)The charges framed against the Court employee and the statement of allegations furnished to him/her under sub-Rule (1);(ii)His/Her written statement of defence, if any;(iii)The documentary evidence considered in course of the inquiry;(iv)The orders, if any made by the Competent Authority and the Inquiring Authority in regard to the inquiry; and(v)A report setting out the findings on each charges and the reasons therefore.(9)The Competent Authority shall, if it is not the Inquiring Authority, consider the record of the inquiry and records its findings on each of the charges.(10)In case where one of the penalties specified in clauses (v) to (ix) of Rule 27 is imposed on a Court employee on the ground of conduct which has led to his/her conviction on a criminal charges or where the Competent Authority is satisfied, that for reasons to be recorded by that authority in writing, it is not reasonably practicable to give to the Court employee an opportunity of showing cause before imposing any of the aforementioned penalties, it shall be lawful for the Competent Authority to waive the requirements of any of the provisions of this Rule.(11)Orders passed by the competent authority shall be communicated to the Court employee, who shall also be supplied with a copy of the report of the Inquiring Authority, and, where the Competent Authority is not the Inquiring Authority a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority unless they have already been supplied to him/her.Part-IV Suspension
