Section 265 in The Railway Protection Force Rules, 1987
265. court of Inquiry.
-265.1When to be held - A Court of Inquiry may be held to investigate into anyoffence alleged to have been committed by any enrolled member of the Force or intoany disciplinary matter of importance relating to the Force.265.2A Court of Inquiry shall invariably be held in cases of(a)Unnatural death of person subject to the Act or of other persons within the Force Lines. At the same time, an immediate report shall be sent through themessenger to the officer-in-charge of the Police Station within whosejurisdiction such unnatural death has taken place;(b)Each and every case of opening of fire by members of the Force, whetheroperational or accidental;(c)Injuries sustained by persons subject to the Act which arte likely to cause fullor partial disability. The court of Inquiry shall in such cases determinewhether such injuries were attributable to exigencies of service or not;(d)Financial irregularities, losses, thefts and misappropriation of property,whether of public or Force, including arms and ammunitions;(e)case in which any pet animals pf the Force is lost, strayed or dies from or isdestroyed on account of an incurable injury, in circumstances not arising outof operational conditions;(f)loss of secret documents and any other material of secret or above securityclassification. Such a Court of Inquiry shall be ordered by an officer authoritysuperior to the person having lost the document or material on his charge;(g)damage to person or property of an individual, in respect of which there islikely to be a claim against the Railways or the Force; and(h)accident of motor vehicles of the force.265.3Composition. - A Court of Inquiry shall consist of an officer as presiding officer, not below the rank of Inspector and at least two other members of appropriate ranks, personsnot subject to the Act may be appoint d as members when the court is to investigatematters of a specified nature and members of the Force with specialist qualificationsare not available to the members.265.4Assembly. - A Court of Inquiry may be assembled by order of an Assistance Security Commissioner or any officer or authority superior to him.265.5Assembly order. - -The order assembling the Court of Inquiry shall state the composition of the Court, the time and place for its assembly and clearly state the matters which the Court will investigate. It will also provide for the administrative requirements ofsuch Court.265.6Procedure of Court of Inquiry. -(a)The proceedings of Court of Inquiry shall generally not be open to public.Only such persons may attend the proceedings as are permitted by the Court todo so.(b)The evidence of all witness shall be taken on oath or affirmation.(c)Evidence given by witness shall be recovered in narrative from unless the Court considers that any questions and answers may be recorded as such.(d)The Court may take into consideration any documents even though they arenot formally proved.(e)The Court may ask witness any questions and in any form, which it considersnecessary to elicit the truth and may take into consideration any availableevidence.(f)No Counsel or legal practitioner shall be permitted to appear before a Courtof Inquiry in that capacity.(g)The provisions of section 69 of the Code of Criminal Procedure, 1973 shallapply for procuring the attendance of witness before the Court of Inquiry.(h)Before giving an opinion against any person subject to the Act ,the Court mayafford that person a reasonable opportunity of being heard.(i)The records of Court of Inquiry shall be admissible in evidence in anysubsequent proceedings:Provided that the answers given by a witness to any question asked before the Courtshall not be admissible against such a witness on any charge at any subsequentoccasion except a charge of giving false evidence before such Court.265.7Time limit for completion of Inquiry. - Every Inquiry shall be completed as expeditiously as possible and in anywithin a period of three weeks from the date of assembly of the Court of Inquiry,unless for reasons to be recorded by the Presiding Officer, it is not possible to do sodue to circumstances beyond his control.265.8Action on the proceedings of a Court of Inquiry. - The Proceedings of a court on Inquiry shall be submitted by the Presiding Officer to the officer or be submitted by the presiding officer to the officer orauthority who ordered the Court of Inquiry. Such officer or authority on receiving the proceedings may either pass final orders on the proceedings himself, if he isempowered to do so, on refer them to a superior authority.265.9Copies of Court of Inquiry proceedings. - A person subject to the Act against whom the Court of Inquiry has given an opinionor who is being tried by a Security Court on a charge relating to matters investigatedby the Court of Inquiry, shall be entitled to copies of the proceedings of the Court ofInquiry unless the [Principal Chief Security Commissioner] [Substituted 'Chief Security Commissioner' by Notification No. G.S.R. 140(E), dated 2.2.2018 (w.e.f. 3.12.1987)] or the Director-General ordersotherwise in public interest.
