Section 30 in The Orissa Khadi and Village Industries Board Regulations, 1960
30. Procedure for imposing major penalties.
- Without prejudice to the provisions of the Public Servants (Enquiry) Act, 1850, no order imposing any of the penalties specified in Clauses (v) to (vii) of Regulation 29 shall be passed on an employee of the Board (other than an order based on facts which have led to his conviction in a criminal Court) unless he has been informed in writing of the grounds on which it is proposed to take action, and has been afforded an adequate opportunity of defending himself. The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and in any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required within a reasonable time, to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires, or it the authority concerned so directs, an inquiry shall be held. At that enquiry oral evidence shall be heard and recorded as to such of the allegations as are not admitted and 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 Officer may, for special and sufficient reasons to be recorded in writing refuse to call a witness. The proceedings shall contain a sufficient record of the evidence and a statement of the findings and the grounds thereof. The disciplinary authority shall, if it is not the inquiring authority, consider the record of the inquiry record its findings on each charge and pass appropriate orders on the case.The regulation shall not apply where the person concerned has absconded, or where for other reasons impracticable to communicate with him. All or any of the provisions of this regulation may, in exceptional cases, for special and sufficient reasons to be recorded in writing, be waived, where there is a difficulty in observing exactly the requirements of the regulation and those requirements can be waived without injustice to the person charged.
