Section 53 in The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000
53. Action on the inquiry report .-(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of regulation 52 as far as may be.
(2)The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority to the officer and other employee who shall be required to submit, if he so desires, his written representation of submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the officer and other employee.(3)The disciplinary authority shall consider the representation, if any, submitted by the officer and other employee before proceeding further in the manner specified in sub-regulations (4) to (6).(4)The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge if the evidence record is sufficient for the purpose.(5)If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in sub-clauses (i) to (v) of clause (a) of regulation 49 should be imposed on the officer and other employee, it shall, notwithstanding anything contained in regulation 54, make an order imposing such penalty.(6)If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in sub-clauses (i) to (v) of clause (b) of regulation 49 should be imposed on the officer and other employee, it shall make an order imposing such penalty and it shall not be necessary to give the officer and other employee any opportunity of making representation on the penalty proposed to be imposed.
