Section 16 in Tamil Nadu Town Panchayat Establishment (Punishment and Appeal) Rules, 1988
16. Reference of corruption cases to Tribunal for disciplinary proceedings.
(1)Notwithstanding anything contained in these rules, the executive authority may, with the sanction of the Director of Town Panchayats, or shall if so required by the State Government either in any individual case or in any class of cases, refer to a Tribunal for disciplinary proceedings, under intimation to Government in P & A.R. departmental cases relating to officers and servants of town panchayats who are involved jointly with Government servants in cases of corruption in the discharge of their official duties if the cases of such Government servants are referred to the tribunal.(2)As soon as the records relating to the allegations of corruption against an officer or servant are received the Tribunal shall frame appropriate charges, communicate them to the officer or servant concerned together with information as to the date of enquiry into the charges and a list of witnesses likely to be examined in respect of each of the charges. The tribunal shall immediately before each witness is examined by the prosecution, furnish the person charged, a copy of any statement taken from the witness which forms the basis on which the tribunal has framed the charges or charges against him. At the enquiry oral evidence shall be heard and the person charged shall be entitled to cross-examine the witness, to give evidence in person and to have such witnesses called as he may wish provided that the Tribunal may for special and sufficient reasons to be recorded in writing refuse to call a witness. After the enquiry has been completed the person charged shall be entitled to put in, if he so desires, a written statement of his defence or argue the case in person or through a pleader. The proceedings shall contain sufficient records of the evidence and statement of the findings and the grounds thereof.(3)After the enquiry has been completed the Tribunal shall send its findings to the appointing authority. After the appointing authority has arrived at a provisional conclusion in regard to the penalty to be imposed, the person charged shall be supplied with a copy of the report of the tribunal excluding the recommendations if any, in regard to punishment made by it and he shall be called upon to show cause within a reasonable time not ordinarily-exceeding one month, against the particular penalty to be inflicted, provided that if for sufficient reasons, the appointing authority disagrees with the whole or any part of the Tribunal findings, the point or points of such disagreement together with a brief statement of grounds thereof shall also be communicated to him. Any representation in this behalf submitted by the person charged shall be taken into consideration by the appointing authority before final orders are passed.(4)Where the person concerned has absconded or where it is for other reasons impracticable to communicate with him or where he does not take part in an enquiry the enquiry shall still proceed.(5)All or any of the provisions of sub-rules (2) and (3) may, in exceptional cases, and for special and sufficient reasons to be recorded in writing, be waived where there is difficulty in observing the requirements of these sub-rules and the requirements can be waived without injustice to the person charged.(6)The appointing authority shall ordinarily accept the advice of the Tribunal. If the appointing authority considers that the advice of the Tribunal should be rejected or devised the reasons for such rejection or deviation shall be submitted to the Director of Town Panchayats who shall in consultation with the tribunal pass orders.
