Section 6 in Jammu and Kashmir Accountability Commission Regulations, 2005
6. Procedure regarding holding of preliminary inquiry
(1) On receipt of the complaint or the grounds of allegations, the Accountability Commission shall afford an opportunity to the public functionary concerned to submit his statement of defence within a period specified in the order. If upon consideration of the statement of defence and the report of the Competent Authority, the Commission considers that further inquiry or investigation is required to be conducted, it shall afford to the public functionary a further opportunity of time prescribed by the Commission not exceeding two months to submit his defence, if any, and thereafter issue appropriate directions to the complainant and the Public Prosecutor for production of evidence in support of the allegations levelled against the public functionary within a specified time.(2)The evidence in support of the allegations may be submitted in the form of affidavits which shall be treated as examination-in-chief and the copies thereof shall be furnished to the public functionary.(3)On submission of the evidence in the form of affidavits, the Commission shall inquire from the public functionary as to whether he desires to cross-examine any person who has filed affidavit against him and, if he so desires, afford him an opportunity of cross-examination.(4)The complainant or the Public Prosecutor shall be under obligation to produce such person before the Commission for cross-examination by the public functionary. After cross-examination, if so desired, is complete, the Commission shall afford an opportunity to the Public functionary to lead evidence in his defence. The defence evidence shall also be submitted in the form of duly sworn affidavits within the time specified by the Commission and the other side shall be afforded opportunity to cross-examine, if so desired, any such person who has filed affidavit on behalf of the public functionary.(5)The complainant, the Public Prosecutor or public functionary may seek the assistance of the Commission for production of any person as their witness or summoning of any record from any office in support of their respective cases. If the request is found to be genuine, the Commission may summon such person as witness or the record at the expenses of the party applying for it.(6)After the evidence is complete, the parties shall be afforded an opportunity to address arguments in support of their contentions on a date and time specified by the Commission. No case shall be adjourned for the purpose of addressing arguments, unless sufficient grounds are made out for adjournment to the satisfaction of the Commission, and the case once adjourned shall not be adjourned again.
