Section 7 in Haryana Civil Services (Punishment and Appeal) Rules, 2016
7. Procedure for imposing major penalty.
- (A) Inquiry before imposition of major penalty -(1)No order of imposing a major penalty shall be passed against a person to whom these rules are applicable unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.(2)Whenever the punishing authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government employee, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof:Provided that where there is a complaint of sexual harassment within the meaning of rule 6 of the Haryana Civil Services (Government Employees' Conduct) Rules, 2016, the complaints committee established in each department or officer for inquiring into such complaints shall be deemed to be the inquiry officer appointed by the punishing authority for the purpose of these rules and the complaints committee shall hold, if separate procedure has not been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules.(3)Where it is proposed to hold an inquiry against a Government employee under this rule, the punishing authority shall draw up or cause to be drawn up-(i)the substance of imputation of misconduct or misbehaviour into definite and distinct statement of charges;(ii)a statement of imputation of misconduct or misbehaviour in support of each statement of charge, which shall contain-(a)a statement of all relative facts including any admission or confession made by the Government employee;(b)a list of documents by which and a list of witnesses by whom, the statement of charges are proposed to be sustained.(4)The punishing authority shall deliver or cause to be delivered to the Government employee, a copy of the statement of charges, the statement of the imputations of misconduct or misbehaviour and a list of document and witness by which each statement of charge is proposed to be sustained and shall require the Government employee to submit, within such time as may be specified (not more than 45 days), a written statement of his defence and to state whether he desires to be heard in person.(5)In case the competent authority is satisfied with the written statement of defence given by the charged person, it may drop the charge-sheet without resorting to the procedure of conducting enquiry. Similarly, if the competent authority after considering the written statement of defence of the charged person is of the opinion that awarding of minor punishment shall meet the end of justice, then the authority competent may award minor punishment without following the procedure of conducting the enquiry.(6)Subject to the provisions of sub-rule (5), on receipt of the written statement of defence, the punishing authority may-(i)itself inquire into such of the statement of charges as are not admitted; or,(ii)if it considers it necessary so to do, appoint under sub-rule (2), an inquiry officer for the purpose; and(iii)where all the statement of charges have been admitted by the Government employee in his written statement of defence, the punishing authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 7(C);(7)If no written statement of defence is submitted by the charged person within the specified period or extended period, if any, allowed by the punishing authority after due consideration, the punishing authority may itself inquiry into the statement of charges or may, if it considers it necessary to do so, appoint under sub-rule (2), inquiry officer for the purpose.(8)Where the punishing authority itself inquiries into any articles of charge(s) or appoints an inquiry officer for holding an inquiry into such charge(s), it shall by an order appoint a Government employee or a legal practitioner, to be known as the 'Presenting Officer' to present on its behalf the case in support of the statement of charges.(9)The punishing authority shall, where it is not itself the inquiry officer, forward to the inquiry officer-(i)a copy of the articles of charge(s) and the statement of the imputation of misconduct or misbehaviour;(ii)a copy of written statement of defence, if any submitted by the charged person;(iii)a copy of the statement of witnesses, if any, referred to in sub-rule (3);(iv)evidence proving the delivery of the documents required to be delivered to the charged person under sub-rule (4);(v)a copy of the order appointing the Presenting Officer.(10)The charged person shall appear in person before the inquiry officer on such day and at such time within ten working days from date of receipt by him of the statement of charges and the statement of the imputations of misconduct or misbehaviour as the inquiry officer may, by a notice in writing, specify in this behalf, or within such further time not exceeding ten days, as the inquiry officer may allow.(11)The inquiry officer appointed to conduct enquiry shall serve maximum two notices to the charged person to appear before him for presenting his case. In case the charged person does not appear after the service of two notices, the inquiry officer shall be competent to proceed ex-party in the matter. However, after considering the circumstances to be recorded, the inquiry officer may serve third notice also.(12)If the charged person refuses or omits to plead, the inquiry officer shall require the Presenting Officer to produce the evidence by which he proposes to prove the statement of charges, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the charged person may for the purpose of preparing his defence-(i)inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-rule (3);(ii)submit a list of witnesses to be examined on his behalf;(iii)apply orally or in writing for the supply of copies of the statements, if any recorded, of witness mentioned in the list referred to in sub-rule (3), in which case the inquiring authority shall furnish to him 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 punishing authority; and(iv)give a notice within ten days of the order or within such further time not exceeding ten days, as the inquiring authority may allow for the discovery or production of any documents which is in the possession of Government, but not mentioned in the list referred to in sub-rule (3) and the Government employee shall also indicate the relevance of the document required by him to be discovered or produced by the Government.(13)The person against whom a charge is being inquired into, shall be allowed to obtain the assistance of a Government employee or a retired Government employee if he so desires, in order to produce his defence before the inquiry officer. If the charge or charges are likely to result in the dismissal of the person from the service of the Government, such person may, with the sanction of the inquiry officer, be represented by counsel:Provided that if in any enquiry, counsel is engaged on behalf of any department of Government, the person against whom the charge or charges are being inquired into, shall also be entitled to engage counsel:Provided further that the assistance of a particular Government employee shall be allowed only if the inquiry officer is satisfied that he is of such rank as is appropriate in the circumstances of the case and that he may be spared by the department concerned for that purpose.(14)If the charged person, who has not admitted any of the statement of charges in his written statement of defence, or has not submitted any written statement of the defence, appears before the inquiry officer, such officer shall ask him whether he is guilty or has any defence to make. If he pleads guilty to any of the articles of charge(s), the Inquiry Officer shall record the plea, sign the record and obtain the signature of the charged person thereon.(15)The Inquiry Officer shall give to the charged person a finding of guilt in respect of those statement(s) of charges to which the charged person pleads guilty.(16)The persons charged shall, subject to the conditions described in sub-rule (3) be entitled to cross examine the witness, to give evidence in person and to have such witness called, as he may wish; provided that the officer conducting the enquiry may for reasons to be recorded in writing, refuse to call any witness. The proceedings shall contain a sufficient record of the evidence and statement of the findings and the grounds thereof:Provided that it shall not be necessary to frame any additional charge when it is proposed to take action in respect of any statement of allegation made by person charged in the course of his defence:Provided further that the provisions of the foregoing sub-rule shall not apply where any major penalty is proposed to be imposed upon a person on the ground of conduct which has led to his conviction on a criminal charge; or where an authority empowered to dismiss or remove him, or reduce him in rank is satisfied that, for some reasons to be recorded by him in writing, it is not reasonably practicable to give him an opportunity of showing cause against the action proposed to be taken against him, or wherein the interest of the security of the state it is considered not expedient to give to that person such an opportunity.(17)As per the provisions of the Punjab Departmental Inquiries (Powers) Act, 1955 (Punjab Act 8 of 1955), the officer conducting enquiry under these rules shall be competent to exercise the same powers for summoning of witnesses and for compelling the production of documents as are exercisable by a commission appointed for an enquiry under the Public Servants (Inquiries) Act, 1850 (Act 37 of 1850);(18)If any question arises whether it is reasonably practicable to give to any person an opportunity to defend him self under sub-rule (2), the decision thereon of the punishing authority shall be final.(19)Where any person has made a statement on oath, in evidence before any criminal or civil court, in any case, in which charged person was party and had full opportunity to cross-examine such person and where it is intended to prove the same facts as deposed to by such person in such statement in any inquiry under the Public Servants (Inquiries) Acts, 1850, shall not be necessary to call such person to give oral evidence in corroboration of that statement. The certified copy of the statement previously made by him in any such case may be read as part of the evidence:Provided that the officer conducting the inquiry shall, in interest of justice order the production of witness in person either for further examination or for further cross-examination by persons charged.(20)The charged person shall not be allowed, except at discretion of the inquiry officer, to be exercised in the interest of justice to call as a witness in his defence any person whose statement has already been recorded and whom he has had opportunity to cross-examine, or whose previous statement has been admitted in the manner herein provided.Note 1. - Charges need not necessarily be framed in relation only to specific incidents or acts of misconduct. When reports received against an officer or a preliminary enquiry show that his general behaviour has been such as to be unfitting to his position, or that he has failed to reach or maintain a reasonable standard of efficiency he may be charged accordingly, and a finding of such a charge may be valid ground for the infliction of any authorized punishment, which may be considered suitable in the circumstances of the case. It shall be necessary to communicate the charges of misbehaviour or of inefficiency or of both as the case may be, to the officer/official concerned but statement which is to be communicated to the officer/official in support of the charges need not specify particular acts of misconduct. It shall be sufficient in the statement to give the list of the report on the basis of which misbehaviour or inefficiency is alleged.Note 2. - Any person compulsorily retired from service in accordance with the procedure prescribed by this rule shall be granted such compensation, pension gratuity, or Provident Fund benefits as may have been admissible to him had he been discharged from service due to the abolition of his post without any alternative suitable employment being provided, under the rules applicable to his service or post on the date of such retirement.(B)Submission of inquiry report -(1)After the close of the enquiry, the inquiry officer shall prepare his report which inter-alia indicate the following:-(a)statement of charges and the allegations framed against the Government employees;(b)his explanation, if any;(c)oral and documentary evidence produced in support of the charges;(d)oral and documentary evidence led in defence;(e)findings on the charges.(2)The inquiry officer shall give clear findings on each of the charges so that the Government employee shall know from the findings on what ground he has been found guilty. Each finding shall be supported by evidence and reasons thereof. The findings are in the nature of a report to the competent authority to enable it to pass final orders. Such findings are to assist but do not bind him. He himself alone has to come to a final decision. Moreover, the inquiry officer shall not in any case recommend or propose any penalty.(3)The inquiry officer, where it is not itself the punishing authority, shall forward to the punishing authority the records of inquiry which shall include-(a)the report prepared by it under rule 7(B)(1);(b)the written statement of defence, if any, submitted by the charged person;(c)the oral and documentary evidence produced in the course of the inquiry;(d)written briefs, if any, filed by the presenting officer or the charged person or both during the course of the inquiry; and(e)the orders, if any, made by the punishing authority and the inquiry officer in regard to the inquiry.(C)Action on inquiry report -(1)After the enquiry against a charged person has been completed, the punishing authority shall forward or cause to be forwarded a copy of the enquiry report, and where the punishing authority does not agree with the enquiry report or any part thereof, the reasons for such disagreement shall be communicated alongwith the enquiry report, to the charged person who may submit, if he so desires, a written representation to the punishing authority within a period of one month from the date of such communication.(2)The punishing authority shall consider the representation, if any, submitted by the charged person and record its findings before proceeding further in the matter as specified in rule 4.
