Section 15 in The U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947
15. [ Transitory provisions. [Rule 15 of the U.P. Disciplinary Proceedings (Administrative Tribunal) (Second Amendment) Rules, 1975.]
(1)Where any proceeding having been taken under the said rules as they stood before their amendment by these rules (hereinafter in this rule referred to as the unamended rules) before the commencement of these rules, and-(a)the charged Government servant's for being represented by Counsel was rejected by the Tribunal on the ground that Rule 7 of the unamended rules did not permit such request being granted; or(b)after the conclusion of the inquiry by the Tribunal the charged Government servant was asked to show cause against a proposed penalty of dismissal removal or reduction in rank but a copy of the findings of the Tribunal or of | its recommendation as to punishment was not furnished to such servant, or(c)the enquiry against a charged Government servant being a "Judicial Officer" (as defined in the amended rules) was held by a Tribunal as constituted under the unamended rules or the punishment was awarded to him without the recommendation of the High Court in this behalf, or the High Court was not consulted at some other stage, then in either of the following case, namely:(i)the proceedings before tribunal under the unamended rules are still pending; or(ii)the proceedings before the tribunal having been concluded the matter is pending consideration with the Governor; or(iii)the validity of any proceedings before the Tribunal or of the order of imposition of penalty has been challenged in a court of law on any of the aforementioned forms (a), (b) and (c) and the matter is either pending before the court or such proceedings or order has been adjudicated void by the court further proceedings shall be taken in the manner hereinafter provided(2)Where the proceedings are pending before the Tribunal immediately before the commencement of these rules and the case falls in categories (a) and (i) mentioned in sub-rule (1), then further proceedings shall be taken in accordance with sub-rules (2) and (3) of Rule 7 as hereby amended.(3)Where the case falls in category (a) and category (ii) or (iii) mentioned in sub-rule (1) then subject to the orders, if any, or any court of law, the case shall stand referred back to the Tribunal for fresh proceedings in accordance with sub-rules (2) and (3) of Rule 7 as hereby amended.(4)Where the case falls category (b) and (iii) mentioned in sub-rule (1) then subject to the order, if any of any court of law the Governor may recall the notice or order of punishment and issue a fresh notice to show cause along with a copy of the findings of the Tribunal or of its recommendations as to punishment, as the case may be to take further action thereafter accordingly.(5)If the case falls under category (c) and either of the categories (i), (ii) and (iii) mentioned in sub-rule (1) then subject to the orders, if any, of any court of law, the case shall stand referred to a new Tribunal constituted in accordance with sub-rule (7) of Rule 3 of the amended rules, and the hew Tribunal shall proceed afresh in accordance with the amended rules.Explanation. - Nothing in this sub-rule shall deemed to require the High Court to be consulted again in respect of a stage of the proceedings where proceeding of that stage had been originally taken on the recommendation or with the consent of the High Court.(6)In any further proceedings under sub-rules (2), (3) or sub-rule (5) the Tribunal may on the evidence recorded in the case earlier by itself or by any of other Tribunal:Provided that if such Tribunal is of opinion that the further examination of all or any of the witness whose evidence had already been recorded is necessary in the interests of justice it may and where the charged Government servant so requests it shall resummon, any such witness, and after such further examination, cross-examination and reexamination, if any, as it may direct, the witness shall be discharge.(7)In any proceedings pending before the Tribunal under the said rules immediately before the commencement of these rules or any proceedings recommended-under the foregoing sub-rules any reference to any charge of the nature defined in clause (a) or clause (b), clause (c) or clause (d) or clause (e) or sub-rule (1) of Rule 4 of the said rules as they stood before their amendment by these rules shall be deemed to be reference to a misconduct or misbehaviour of the charged Government servant.(8)The provisions of sub-rule (4) of Rule 49-A of the Civil Services (Classification, Control and Appeal) Rules, shall apply in relation to any further inquiry provided by these rules as they apply in relation to any further enquiry is held in pursuance of a consideration and decision referred to in that rules, and references in that sub-rule to the appointing authority shall in relation to judicial officer be deemed to be substituted by reference to the High Court.]
