Section 4 in The Bangalore Metro Railway (Procedure for Investigation of Misbehaviour or Incapacity of Claims Commissioner) Rules, 2011
4. Judge to conduct inquiry.
(1)If the Central Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehaviour or incapacity of the Claims Commissioner, it shall make a reference to the Chief Justice of India requesting him to nominate a Judge of the Supreme Court to conduct the inquiry.(2)The Central Government shall by order appoint the judge of the Supreme Court nominated by the Chief Justice of India (hereinafter referred to as Judge) for the purpose of conducting the inquiry.(3)Notice of appointment of a Judge under sub-rule (2) shall be given to the Claims Commissioner.(4)The Central Government shall forward to the Judge a copy of-(a)the articles of charges against the Claims Commissioner concerned and the statement of imputation;(b)the statement of witnesses if any; and(c)material documents relevant to the inquiry.(5)The Judge shall complete the inquiry within such time or further time as may be specified by the Central Government.(6)The Claims Commissioner concerned shall be given a reasonable opportunity of presenting a written\statement of defence within such time as may specified in this behalf by the Judge.(7)Where it is alleged that the Claims Commissioner is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Claims Commissioner by such Medical Board as may be appointed for the purpose by the Central Government and the Claims Commissioner concerned shall submit himself to such Medical Board for medical examination within the time specified in this behalf by the Judge.(8)The Medical Board shall undertakes such medical examination of the Claims Commissioner as may be considered necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Claims Commissioner unfit to continue in office.(9)If the Claims Commissioner refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge Stating therein the examination which the Claims Commissioner has refused to undergo and the Judge may on receipt of such report presume that the Claims Commissioner suffers from such physical or mental incapacity as is alleged in the complaint.(10)The Judge may, after considering the written-statement of the Claims Commissioner and the medical report, if any, amend the charges referred to in clause (a) to sub-rule (4) and in such a case the Claims Commissioner shall be give a reasonable opportunity of presenting a fresh written statement of defence.(11)The Central Government shall appoint an officer of that Government or any advocate to present the case against the Claims Commissioner.(12)Where the Central Government has appointed an advocate to present its case before the Judge, the Claims Commissioner shall also be allowed to present his case by an advocate chosen by him.
