Section 79 in University of Udaipur Officers (Conditions of Service) Rules, 1976
79. Procedure for imposing major penalties.
- (i) No order imposing on an officer any of the penalties specified in clause (iv) to (vii) of rule 76 shall be passed except after an enquiry held, as far as may be in the manner hereinafter prescribed.(ii)The disciplinary authority shall frame definite charges on the basis of the allegations on which the enquiry is proposed to be held. Such charges together with the statement of allegations on which they are based, shall be communicated in writing to the officer; and he shall be required to submit, within such time as may be specified by the disciplinary authority, a written statement indicating whether he admits the truth of all or any of the charges, what explanation or defence, if any, he has to offer and whether he desires to be heard in person :Provided that it shall not be necessary to frame any additional charges when it is proposed to take action in respect of any statement or allegations made by the person charged in the course of his defence.(iii)The officer shall, for preparing his defence, be permitted to inspect and take extracts from such official 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 or it is against University/public interest to allow him access thereto.(iv)If the delinquent officer who has not admitted any of the articles of charge in the written statement of defence or has not submitted any written statement of defence appears before the Enquiring Authority such Authority all ask him whether he admits charges or has any defence to make and if he admits to any of the articles of charge; the Enquiring Authority shall record the plea, sign the record and obtain the signature of the delinquent officer thereon.The Enquiring Authority shall return a findings in respect of those articles of charge which the officer pleads admitted.(v)The disciplinary authority may nominate any person to present the case in support of the charges before the authority enquiring into the charges (hereinafter referred to as the Enquiring Authority). The delinquent officer may present his case with the assistance of any other officer or employee of the University, but may not engage a legal practitioner unless the disciplinary authority, having regard to the circumstances of the case, so permits.Explanation. - For the purpose of this sub-rule, a Public Prosecutor, or an Asstt. Public Prosecutor, shall be deemed to be a legal practitioner.(vi)(a)Where the delinquent officer has pleaded not guilty to the charges, at the commencement of the enquiry, the Enquiring Authority shall ask the Presenting Officer appearing on behalf of the Disciplinary Authority to submit the list of witnesses and documents within 10 days, who shall also simultaneously send a copy to the delinquent officer. The Enquiring Authority on receipt of such list shall summon the relevant evidence as per the list and record the evidence giving opportunity to the Presenting Officer for Examination-in-Chief, and also to the delinquent officer or his assisting officer, whosoever may be present, for cross-examination. The Presenting Officer shall be entitled to re-examine the witness on any points on which they have been cross-examined, but not on any new matter, without the leave of the Enquiring Authority. After the close of the prosecution evidence the delinquent officer shall be called upon to submit the list of the witnesses and the documents within 10 days which he would like to produce in his defence. The Enquiring Authority after considering the relevance of the witnesses and the documents shall summon only the relevant witnesses and the documents and record the evidence thereof while giving opportunity of Examination-in-Chief and cross-examination/re- examination to the parties and then close the evidence. The Enquiring Authority shall consider the relevance of the witness and the documents called for by both the parties and in case of his refusal to summon any witnesses or documents, he shall record the reason in writing. The Enquiring Authority may also put such questions to the witnesses of the parties as it thinks fit in the interest of justice. An opportunity for hearing the arguments shall be given to the parties.Note.- If the delinquent officer applied orally or in writing for the supply of copies of the statement of witnesses mentioned in the list referred to in sub-rule (vi) (a), the Enquiring Authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.(b)The Enquiring Authority may, for good and sufficient reasons to be recorded in writing, recall witnesses for examination in part heard cases being conducted by him.(c)The Enquiring Authority shall give a notice within 10 days of the order or within such further time not exceeding 10 days as the Enquiring Authority may allow, for the discovery or production of any documents which are in the possession of the University but not mentioned in the list referred to in sub-rule (vi) (a).Note.- The delinquent officer shall indicate the relevance of the documents required by him to be discovered or produced by the University.The Enquiring Authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept with a requisition for the production of the document by such date as may be specified in such requisition :Provided that the Enquiring Authority may, for reasons to be recorded by in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.On receipt of the requisition, every authority having the custody or possession of the requisitioned documents shall produce the same before the Enquiring Authority :Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the University, it shall inform the Enquiring Authority accordingly and the Enquiring Authority shall, on being so informed, communicate the information to the delinquent officer and withdraw the requisition made by it for the production or discovery of such documents.(d)In case of joint departmental enquiry, any one or more delinquent officer/s fail/fails to appear without sufficient cause on the date fixed for the hearing of which he had the notice, the Enquiring Authority may proceed with the enquiry in the absence of such delinquent officer/s.(vii)At the conclusion of the inquiry, the inquiring Authority shall prepare a report of the inquiry, recording its findings on each of the charges together with reasons therefor. If in the 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 be recorded unless the officer has admitted the facts constituting them or has had an opportunity of defending himself against them.(viii)The record of the inquiry shall include:-(a)The charges framed against the officer and the statement of allegations furnished to him;(b)His written statement of defence, if any;(c)The oral evidence taken in the course of his enquiry;(d)The documentary evidence considered in the course of inquiry;(e)The order if any made by the disciplinary authority and the Enquiring Authority in regard to the inquiry, and(f)A report setting out the findings on each charge and reasons therefor.(ix)(a)The disciplinary authority shall if it is not the Enquiring Authority, consider the record of the inquiry and record its findings on each charge.(b)The disciplinary authority may while considering the report of the Enquiring Authority for just and sufficient reasons to be recorded in writing remand, the case for further/de novo inquiry in case it has reason to believe that the inquiry conducted has been laconic in some respect or the other.(x)If the disciplinary authority having regard to its findings on the charges is of the opinion that any of the penalties specified in clauses (iv) to (vii) of rule 76, should be imposed, it shall-(a)furnish to the officer a copy of the report of the Enquiring Authority and, where the disciplinary authority is not the Enquiring Authority, a statement of its finding together with, brief reasons for disagreement, if any, with the findings of the Enquiring Authority; and(b)give him a notice stating the penalty proposed to be imposed on him and calling upon him to submit with a specified time such representation as he may wish to make on the proposed penalty, provided that such representation shall be based on the evidence adduced during the enquiry.(xi)If the disciplinary authority having regard to its findings is of the opinion that any of the penalties specified in clauses (i) to (iii) of rule 76 should be imposed, it shall pass appropriate orders in the case.(xii)Orders passed by the disciplinary authority shall be communicated to the officer who shall also be supplied with a copy of the report of the Enquiring Authority and, where the disciplinary authority is not the Enquiring Authority, a statement of its findings together with brief reasons for dis- agreement, if any, to him.
