Section 3 in The U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947
3.
(1)Government may from time to time constitute one or more Administrative Tribunals as it may consider necessary for enquiry into such cases or classes of cases as Government may by general or special order direct.(2)Each Tribunal shall consist of two members, one of whom shall be an officer of adequate seniority to be the Head of a Department or the Commissioner of a division and the other a judicial officer qualified for appointment as a Judge of the High Court :Provided that nothing herein contained shall prevent the appointment of the same person as member of more Tribunals than one.(3)Government shall nominate one of the members of each Tribunal to be the Presiding Officer of that Tribunal.(3-A) Without prejudice to the generality of its power to replace any member of assessor whose services cease to be available for functioning as such Government may, if it is satisfied that it is expedient so to do for the ends of justice,-(a)transfer any case pending before any Tribunal either to another Tribunal having a new set of members or to a Tribunal reconstituted by replacing one of its members, or(b)replace the assessor appointed to assist it.(4)The Tribunal shall be assisted by an assessor who will be appointed by the Governor taking into account the rank of the charged Government servant, so however that he shall always be a gazetted Government servant and shall be an officer drawing pay in a scale higher than that of the charged Government servant of where more than one Government servants has been charged in the same proceedings in a scale of pay higher than that of the highest charged Government servant As far as possible, the Governor will select as assessor an officer serving with the same department as the charged Government servant or, where more than one Government servant has been charged in the same proceedings, the charged Government servant in the highest scale of pay.(5)[ Where no officer serving with the same department as the charged Government servant and drawing pay in a scale higher than that of the charged Government servant is available for appointment as Assessor under sub-rule (4), the Governor may appoint as Assessor an officer drawing higher pay that, thought in the same scale as, the charged Government servant.] [Inserted by Notification No. 859/XXXIX-(2)-2-(5)-1968, dated 8-6-1973.](6)If an officer appointed as Assessor fulfilled the qualifications mentioned in sub-rule (4) or sub-rule (5) at the time of his appointment as such, he shall, unless otherwise ordered by the Governor, continue to act as Assessor notwithstanding that, during the continuance of the proceedings before the Tribunal-(a)the charged Government servant has got into the same pay scale as such Assessor, or(b)such Assessor has retired from Government service and has been simultaneously re-employed in the post from which he retired.(7)[ Notwithstanding anything in the foregoing sub-rules, a Tribunal to which a case relating to a member of any of the following services is referred shall consist of two officers, each of whom shall be qualified for appointment as a Judge of the High Court, and no assessor shall be appointed to assist such a Tribunal:(a)U.P. Higher Judicial Service,(b)U.P. State Judicial Service, and(c)U.P. Judicial Officers Service:Provided that nothing herein contained shall prevent the appointment on a member of a Tribunal referred to in sub-rule (2), who is qualified as mentioned in this sub-rule, as a member of a Tribunal under this sub-rule and the provisions of sub-rules (3) and (3-A) of this rule and Rules 8-A and 9 shall mutatis mutandis apply to a Tribunal referred to in this sub-rule:Provided further that the power under sub-rule (1) or under sub-rule (3-A) shall, in relation, to a Tribunal mentioned in this sub-rule, be exercised by the Government only on the recommendation or with the consent of the High Court.] [Inserted by Notification No. 2565/XXXIX-5-(7) 1970, dated 7-11-1975.]
