Section 9 in The Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988
9. Action on the inquiry report.
- The punishing authority if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further enquiry according to the provisions of Rule 5 as far as may be.(2)The punishing authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reason for each disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.(3)If the punishing authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 5 should be imposed on the employee it shall, notwithstanding anything contained in Rule 10, make an order imposing such penalty.(4)(i)If the punishing authority having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (v) to (ix) of Rule 5 should be imposed on the employee, it shall -(a)furnish to the employee a copy of the report of the inquiry held by it and its finding on each article of charge or where the inquiry had been held by an inquiring authority, appointed by it, a copy of the report of such authority and a statement of its findings on each article of charge together with brief reasons for its disagreement, if any, with the findings of the inquiring authority ;(b)give the employee a notice stating the penalty proposed to be imposed on him and calling upon him to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days, as may be allowed, such representation as he may wish to make the proposed penalty on the basis of the evidence adduced during the inquiry held under Rule 8.(ii)The punishing authority shall consider the representation, if any, made by the employee in pursuance of the notice given to him under clause (i) and determine what penalty, if any should be imposed on him and make such order as it may deem fit.
