Section 52 in Rajasthan Muslim Wakf Regulations, 1964
52. Procedure for imposing major penalties.
(1)No order imposing any of the penalties specified in clauses (v) to (vii) of regulation 51 shall be passed against an employee of the Board (other than an order based on facts which have led his conviction in a criminal court) 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.(2)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 the statement of the allegations on which each charge is based and any other circumstances which it is proposed to take into consideration in passing orders in the case.(3)He shall be required within a reasonable time, to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires, or if the Disciplinary Authority so directs, an enquiry shall be held. The charge shall be enquired into by the enquiry officer appointed by the Disciplinary Authority, if the Disciplinary Authority considers it proper to do so, otherwise the Disciplinary Authority himself shall hold the enquiry.(4)At that inquiry, oral evidence shall be heard and recorded 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 inquiry officer, may for special and sufficient reasons to be recorded in writing, refuse to call any witness. The proceedings shall contain a sufficient record of the evidence and a statement of the findings and the grounds thereof. The Disciplinary Authority shall, if it is not the inquiry authority, consider the record of the inquiry, record its findings on each charge and pass appropriate orders in the case.(5)These regulations shall not apply where the delinquent employee concerned has absconded, or where for other reasons it is impracticable to communicate with him. All or any of the provisions of this regulation may, in exceptional cases, for special and sufficient reasons to be recorded in writing, be waived, where there is a difficulty in observing exactly the requirements of the regulation and those requirements can be waived without injustice to the employee concerned.
