Section 36 in Regulations Under the U.P. Intermediate Education Act, 1921
36.
(1)The grounds on which it is proposed to take action shall be reduced in the form of a definite charge or charges which shall be communicated to the employee charged and which shall be so clear and precise as to give sufficient indication to the charged employee of the facts and circumstances against him. He shall be required within three weeks of the receipt of the charge-sheet to put in a written statement of his defence and to state whether he desired to be heard in person. If he or the inquiring authority so desires an oral inquiry shall be held in respect oi such of the allegations as are not admitted. At that inquiry such oral evidence will be heard as that inquiring authority considers necessary. The person charged shall be entitled to cross-examine the witnesses, to give evidence in person, and to have such witnesses called as he may wish: provided that the inquiring authority conducting the inquiry may for sufficient reasons to be recorded in writing refuse to call a witness. The proceedings shall contain a sufficient record of the evidence qnd statement of the findings and the grounds thereof. The inquiring authorit}' conducting the inquiry may also separately from these proceedings, make his own recommendation regarding the punishment to be imposed on the employee.(2)Clauses (1) shall not apply where the person concerned has absconded, or where it is for other reasons impracticable to communicate with him.(3)All or any of the provisions of clause (1) may for sufficient reasons to be recorded in writing be waived where there is difficulty in observing exactly the requirements thereof and those requirements can in the opinion of the inquiring authority be waived without injustice to the person charged.
