Section 7 in West Bengal Municipal Employees' (Classification, Control, Appeal and Conduct) Rules, 2010
7. Procedure for imposing penalties
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(1) No order imposing any of the penalties specified in rule 5 shall be made except after an enquiry held in the manner provided in this rule.(2)The disciplinary authority shall draw up or cause to be drawn up,(i)the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;(ii)a statement of imputations of misconduct or misbehaviour in support of each article of charge which shall contain (a)a statement of relevant facts including any admission or confession made by the employee;(b)a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.(3)The disciplinary authority shall deliver or cause to be delivered to the employee a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour prepared under clause (ii) of sub-rule (2) and shall require the employee to submit to the inquiring authority within such time as may be specified a written statement of his defence and to state whether he desires to be heard in person.(4)(i)The disciplinary authority shall in all cases for the purpose of enquiry appoint an inquiring authority and forward to it (a)a copy of articles of charge and the statement of the imputations of misconduct or misbehaviour;(b)a copy of the statement of witnesses, if any;(c)evidence proving the delivery of the document referred to in sub-rule (2) to the employee.(ii)Where the disciplinary authority appoints an inquiring authority for holding an inquiry into the articles of charge, it may, by an order appoint an employee to be known as "Presenting Officer" to present on its behalf the case in support of the articles of charge.(5)(I)The employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the statements of imputations of misconduct or misbehaviour as the enquiring authority may, by a notice in writing specify in this behalf or within such further time not exceeding ten days, as the inquiring authority may allow.(ii)The employee, against whom departmental proceedings have been instituted, may take the assistance of any other employee to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority, having regard to the circumstances of the case, permits to do so.(6)If the employee who has not admitted any of the articles of charge in his written statement of defence appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record, and obtain the signature of the employee thereon. The inquiring authority shall return a finding of guilty in respect of those articles of charge to which the employee pleads guilty. The inquiring authority shall, if the employee fails to appear within the specified time or refuses or omits to plead or claims to be tried, require the disciplinary authority or his representative to produce the evidence by which he proposes to prove the articles of charge and shall adjourn the case to a later date, not exceeding 30 days, after recording an order that the employee may for the purpose of preparing his defence (a)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 (2);(b)submit a list of witnesses to be examined on his behalf;(c)give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow asking for the discovery or production of any documents, which are in the possession of the Local Body but not mentioned in the list mentioned in sub-rule (2).(7)The inquiring authority shall, on receipt of the notice for discovery or production of documents forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the document by such date as may be specified in such requisition :Provided that the inquiring authority may, for reasons to be recorded by it, in writing, refuse to make requisition for such of the documents as are, in its opinion, not relevant to the case.(8)On receipt of the requisition referred to in sub-rule (7) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority :Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the employee and withdraw the requisition made by it for the production or discovery of such documents.(9)After the completion of the enquiry, a report shall be prepared and it shall contain, (a)the articles of charge and the statement or imputations of misconduct or misbehaviour;(b)the defence of the employee in respect of each article of charge;(c)an assessment of the evidence in respect of each article of charge;(d)the finding on each article of charge and the reasons therefor.(10)(1) The disciplinary authority shall consider the record of the enquiry and record its findings on each charge.(ii)The disciplinary authority may, for reasons to be recorded in writing, remit the case to the inquiring authority for further inquiry and report, and the inquiring authority shall, thereupon, proceed to hold further inquiry, as far as possible, according to the provision laid down in this rule.(11)If the disciplinary authority, having regard to its findings on the charges, is of opinion that any of the penalties specified in clauses (i) to (iii) of rule 5 should be imposed, it shall pass appropriate orders on the case.(12)If the disciplinary authority, having regard to its finding on the charges, is of opinion that any of the penalties specified in clauses (iv) to (viii) of rule 5 should be imposed it shall (a)furnish to the employee a copy of the report of the inquiring authority and a statement of its findings together with brief reasons for disagreement, if any, with the findings of the inquiring authority; and(b)give him a notice stating the punishment proposed and the grounds therefor and calling upon him to submit within a specified time such representation as he may wish to make on the punishment proposed but only on the basis of the evidence adduced during the inquiry.(13)Orders passed by the disciplinary authority under sub-rule (11) or sub-rule (12) shall be communicated to the employee who shall also be supplied with a copy of the report of the inquiring authority and, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the inquiring authority, unless they have already been supplied to him.
