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State of Rajasthan - Section

Section 75 in The Nathdwara Temple Rules, 1973

75. Procedure for imposing major penalties.

(1)No order imposing on an officer or servant of the Board, any of the penalties specified in clause (4) to (6) of Rule 75 shall be passed except after an inquiry held, as far as may be, in the manner here in after provided.
(2)The disciplinary authority shall frame definite charges on the basis of the allegations on which the inquiry is proposed to be held. Such charges together with a statement of the allegations on which they are based shall be communicated in writing to the employee and he shall be required to submit within such time as may be specified by the disciplinary authority, a written statement indicating he admits the truth of all or any of the charges what explanation or defence, if any he lins to offer and whether he desires to be heard in person.
(3)The officer or servant of the Board shall for the purpose of preparing his defence, be permitted to inspect and take extracts from such temple records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing in the opinion of the disciplinary authority such records are not relevant for the purpose
(4)On receipt of the written statement of defence or if no such statement is received within the time specified, the disciplinary authority may itself inquire into such of the charge as are not admitted or if it considers it necessary to do so appoint, an inquiry officer for the purpose.
(5)The disciplinary authority 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 employee shall be entitled to cross examine witnesses in support of the charges and to give evidence as may be relevant or material in regard to the charges. The person presenting the case is support of the charges shall be entitled to cross examine the employee and the witness examined in his defence. If the inquiring authority declines to examine any witness on the ground that his evidence is not relevant or material it shall record its reasons in writing. _
(6)At the conclusion of the inquiry the inquiring authority shall prepare a report of the inquiry, record its findings on each of the charge together with reason therefore. If in 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 employees has admitted the fact constituting them or has had an opportunity or defending himself against them.
(7)The disciplinary authority shall, if it is not the inquiring authority consider the record of the enquiry and record its findings on each charge.
(8)If the disciplinary authority, having regard to its findings on the charges is of the opinion that any of the penalties specified in clauses (4) to (6) of Rule 75 should be imposed, it shall hear the employee if he has anything to say and pass appropriate orders in the case.
(9)Orders passed by the disciplinary authority shall be communicated to the employee who shall also be supplied with a copy of the report of the inquiring authority.
(10)The Board shall classify the various categories of post in the service and declare disciplinary authorities in respect of each such category.