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Union of India - Section

Section 37 in The Central Industrial Security Force Rules, 2001

37. Procedure for imposing minor penalties. - (1) No order imposing any of minor penalties specified in rule 34 shall be made except after--

(a)informing the enrolled member in writing of the imputations of misconduct or misbehaviour on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he wishes to make against the proposal;(b)holding an inquiry, if the disciplinary authority so desires, in the manner laid down in sub-rules (3) to (22) of rule 36;(c)taking the representation, if any, submitted by the enrolled member under clause (a) and the record of inquiry, if any, held under clause (b) into consideration; and(d)recording the findings on each imputation of misconduct or misbehaviour.
(2)Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed after considering the representation, if any, made by the Government servant under clause (a) of that sub-rule to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or to withhold increments of pay for a period exceeding 3 years or to withhold increments of pay with cumulative effect for any period an inquiry shall be held in the manner laid down in sub--rules (3) to (22) of rule 36 before making any order imposing on the enrolled member of the Force any such penalty.
(3)The records of the proceedings in such cases shall include--
(i)a copy of the intimation to the enrolled member so charged of the proposal to take action against him;
(ii)a copy of the statement of imputation of misconduct or misbehaviour delivered to him;
(iii)his representation, if any;
(iv)the evidence produced during the enquiry, if any;
(v)the findings on each imputation of misconduct or misbehaviour; and
(vi)the orders on the case together with the reasons therefor.