Section 29 in Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012
29. Procedure for imposing major penalties:-
(1)No order imposing any of the penalties specified in clauses (v) to (ix) ofRule 26 shall be made except after an inquiry held, as far as may be, in themanner provided in this rule and rule 30, or in the manner provided by thePublic Servants (Inquiries) Act, 1850 (37 of 1850), where such inquiry is heldunder that Act.(2)Whenever the Disciplinary Authority is of the opinion that there are groundsfor inquiring into the truth of any imputation of misconduct or misbehaviouragainst a Member of the Service, it may itself inquire into, or appoint under thisrule or under the provisions of the Public Servants (Inquiries) Act, 1850, as thecase may be, an authority to inquire into the truth thereof.Provided that where there is a complaint of sexual harassment within themeaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964, theComplaints Committee established in each Judicial District for inquiring intosuch complaints, shall be deemed to be the Inquiring Authority appointed bythe Disciplinary Authority for the purpose of these rules and the ComplaintsCommittee shall hold, if separate procedure has not been prescribed for thecomplaints committee for holding the inquiry into the complaints of sexualharassments, the inquiry as far as practicable in accordance with the procedurelaid down in these rules.EXPLANATION - Where the Disciplinary Authority itself holds the inquiry,any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to theInquiring Authority shall be construed as a reference to the DisciplinaryAuthority.(3)Where it is proposed to hold an inquiry against a Member of the Serviceunder this rule and rule 30, the Disciplinary Authority shall draw up or cause tobe drawn up-(i)the substance of the imputations of misconduct or misbehaviour into definiteand distinct articles of charge;(ii)a statement of the imputations of misconduct or misbehaviour in support ofeach article of charge, which shall contain-(a)a statement of all relevant facts including any admission or confession madeby the Member of the Service;(b)a list of documents by which, and a list of witnesses by whom, the articlesof charge are proposed to be sustained.(4)The Disciplinary Authority shall deliver or cause to be delivered to theMember of the Service a copy of the articles of charge, the statement of theimputations of misconduct or misbehaviour and a list of documents andwitnesses by which each article of charges is proposed to be sustained and shallrequire the Member of the Service to submit, within such time as may bespecified, a written statement of his defence and to state whether he desires tobe heard in person.(5)(a)On receipt of the written statement of defence, the Disciplinary Authoritymay itself inquire into such of the articles of charge as are not admitted, or, if itconsiders it necessary so to do, appoint, under sub-rule (2), an InquiringAuthority for the purpose, and where all the articles of charge have beenadmitted by the Member of the Service in his written statement of defence, theDisciplinary Authority shall record its findings on each charge after taking suchevidence as it may think fit and shall act in the manner laid down in rule 30.(b)If no written statement of defence is submitted by the Member of theService, the Disciplinary Authority may itself inquire into the articles of charge,or may, if it considers it necessary to do so, appoint, under sub-rule (2), anInquiring Authority for the purpose.(c)Where the Disciplinary Authority itself inquires into any article of charge orappoints an Inquiring Authority for holding an inquiry into such charge, it may,by an order, appoint a Member of the Service or a legal practitioner, to beknown as the "Presenting Officer" to present on its behalf the case in support ofthe articles of charge.(6)The Disciplinary Authority shall, where it is not the Inquiring Authority,forward to the Inquiring Authority-(i)a copy of the articles of charge and the statement of the imputations ofmisconduct or misbehaviour;(ii)a copy of the written statement of the defence, if any, submitted by theMember of the Service;(iii)a copy of the statements of witnesses, if any, referred to in sub-rule (3);(iv)evidence proving the delivery of the documents referred to in sub-rule (3)to the Member of the Service; and(v)a copy of the order appointing the "Presenting Officer".(7)The Member of the Service shall appear in person before the InquiringAuthority on such day and at such time within ten working days from the dateof receipt by the Inquiring Authority of the articles of charge and the statementof the imputations of misconduct or misbehaviour, as the Inquiring Authoritymay, by notice in writing, specify, in this behalf, or within such further time,not exceeding ten days, as the Inquiring Authority may allow.(8)(a)The Member of the Service may take the assistance of any other Memberof the Service posted in any office either at his headquarters or at the placewhere the inquiry is held, to present the case on his behalf, but may not engagea legal practitioner for the purpose, unless the Presenting Officer appointed bythe Disciplinary Authority is a legal practitioner, or, the disciplinary authority,having regard to the circumstances of the case, so permits;Provided that the Member of the Service may take the assistance of any otherMember of the Service posted at any other station, if the Inquiring Authorityhaving regard to the circumstances of the case, and for reasons to be recorded inwriting, so permits.Note: The Member of the Service shall not take the assistance of any otherMember of the Service who has three pending disciplinary cases on hand inwhich he has to give assistance.(b)The Member of the Service may also take the assistance of a retiredMember of the Service to present the case on his behalf, subject to suchconditions as may be specified by the President from time to time by general orspecial order in this behalf.(9)If the Member of the Service who has not admitted any of the articles ofcharge in his written statement of defence or has not submitted any writtenstatement of defence, appears before the Inquiring Authority, such authorityshall ask him whether he is guilty or has any defence to make and it he pleadsguilty to any of the articles of charge, the Inquiring Authority shall record theplea, sign the record and obtain the signature of the Member of the Servicethereon.(10)The Inquiring Authority shall return a finding of guilt in respect of thosearticles of charge to which the Member of the Service pleads guilty.(11)The Inquiring Authority shall, if the Member of the Service fails to appearwithin the specified time or refuses or omits to plead, require the PresentingOfficer to produce the evidence by which he proposes to prove the articles ofcharge, and shall adjourn the case to a later date not exceeding thirty days, afterrecording an order that the Member of the Service may, for the purpose ofpreparing his defence:(i)inspect within five days of the order or within such further time notexceeding five days as the Inquiring Authority may allow, the documentsspecified in the list referred to in sub-rule (3);(ii)submit a list of witnesses to be examined on his behalf;NOTE- If the Member of the Service applies orally or in writing for the supplyof copies of the statements of witnesses mentioned in the list referred to in sub-rule (3), the Inquiring Authority shall furnish him with such copies as early aspossible and in any case not later than three days before the commencement ofthe examination of the witnesses on behalf of the Disciplinary Authority.(iii)give a notice within ten days of the order or within such further time notexceeding ten days as the Inquiring Authority may allow, for the discovery orproduction of any documents which are in the possession of Government butnot mentioned in the list referred to in sub-rule (3).NOTE- The Member of the Service shall indicate the relevance of thedocuments required by him to be discovered or produced by the Government.(12)The Inquiring Authority shall, on receipt of the notice for the discovery orproduction of documents, forward the same or copies thereof to the authority inwhose custody or possession the documents are kept, with a requisition for theproduction of the documents by such date as may be specified in suchrequisition:Provided that the Inquiring Authority may, for reasons to be recorded by it inwriting, refuse to requisition such of the documents as are, in its opinion, notrelevant to the case.(13)On receipt of the requisition referred to in sub-rule (12), every authorityhaving the custody or possession of the requisitioned documents shall producethe same before the Inquiring Authority:Provided that if the authority having the custody or possession of therequisitioned documents is satisfied for reasons to be recorded by it in writingthat the production of all or any of such documents would be against the publicinterest or security of the State, it shall inform the Inquiring Authorityaccordingly and the Inquiring Authority shall, on being so informed,communicate the information to the Member of the Service and withdraw therequisition made by it for the production or discovery of such documents.(14)On the date fixed for the inquiry, the oral and documentary evidence bywhich the articles of charge are proposed to be proved shall be produced by oron behalf of the Disciplinary Authority. The witnesses shall be examined by oron behalf of the Presenting Officer and may be cross-examined by or on behalfof the Member of the Service. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined,but not on any new matter, without the leave of the Inquiring Authority. TheInquiring Authority may also put such questions to the witnesses as it thinks fit.(15)If it shall appear necessary before the close of the case on behalf of theDisciplinary Authority, the Inquiring Authority may, in its discretion, allow thePresenting Officer to produce evidence not included in the list given to theMember of the Service or may itself call for new evidence or recall and re-examine any witness and in such case the Member of the Service shall beentitled to have, if he demands it, a copy of the list of further evidence proposedto be produced and an adjournment of the inquiry for three clear days before theproduction of such new evidence, exclusive of the day of adjournment and theday to which the inquiry is adjourned. The Inquiring Authority shall give theMember of the Service an opportunity of inspecting such documents beforethey are taken on the record. The Inquiring Authority may also allow theMember of the Service to produce new evidence, if it is of the opinion that theproduction of such evidence is necessary, in the interests of justice.NOTE.- New evidence shall not be permitted or called for or any witness shallnot be recalled to fill up any gap in the evidence. Such evidence may be calledfor only when there is an inherent lacuna or defect in the evidence which hasbeen produced originally.(16)When the case for the Disciplinary Authority is closed, the Member of theService shall be required to state his defence, orally or in writing, as he mayprefer. If the defence is made orally, it shall be recorded and the Member of theService shall be required to sign the record. In either case, a copy of thestatement of defence shall be given to the Presenting Officer, if any, appointed.(17)The evidence on behalf of the Member of the Service shall then beproduced. The Member of the Service may examine himself in his own behalfif he so prefers. The witnesses produced by the Member of the Service shallthen be examined and shall be liable to cross-examination, re-examination andexamination by the Inquiring Authority according to the provisions applicableto the witnesses for the Disciplinary Authority.(18)The Inquiring Authority may, after the Member of the Service closes hiscase, and shall, if the Member of the Service has not examined himself,generally question him on the circumstances appearing against him in theevidence for the purpose of enabling the Member of the Service to explain anycircumstances appearing in the evidence against him.(19)The Inquiring Authority may, after the completion of the production ofevidence, hear the Presenting Officer, if any, appointed, and the Member of theService, or permit them to file written briefs of their respective case, if they sodesire.(20)If the Member of the Service to whom a copy of the articles of charge hasbeen delivered, does not submit the written statement of defence on or beforethe date specified for the purpose or does not appear in person before theInquiring Authority or otherwise fails or refuses to comply with the provisionsof this rule, the Inquiring Authority may hold the inquiry ex parte.(21)(a)Where a Disciplinary Authority competent to impose any of thepenalties specified in clause (i) to (iv) of rule 26 (but not competent to imposeany of the penalties specified in clauses (v) to (ix) of rule 26), has itselfinquired into or caused to be inquired into the articles of any charge and thatauthority, having regard to its own findings or having regard to its decision onany of the findings of any Inquiring Authority appointed by it, is of the opinionthat the penalties specified in clauses (v) to (ix) of rule 26 should be imposed onthe Member of the Service, that authority shall forward the records of theinquiry to such Disciplinary Authority as is competent to impose the lastmentioned penalties.(b)The Disciplinary Authority to which the records are so forwarded may acton the evidence on the record or may, if it is of the opinion that furtherexamination of any of the witnesses is necessary in the interests of justice,recall the witness and examine, cross-examine and re-examine the witness andmay impose on the Member of the Service such penalty as it may deem fit inaccordance with these rules.(22)Whenever any Inquiring Authority, after having heard and recorded thewhole or any part of the evidence in an inquiry ceases to exercise jurisdictiontherein, and is succeeded by another Inquiring Authority which has, and whichexercises, such jurisdiction, the Inquiring Authority so succeeding may act onthe evidence so recorded by its predecessor, or partly recorded by itspredecessor and partly recorded by itself:Provided that if the succeeding Inquiring Authority is of the opinion that furtherexamination of any of the witnesses whose evidence has already been recordedis necessary in the interests of justice, it may recall, examine, cross-examineand re-examine any such witnesses as hereinbefore provided.(23)(i)After the conclusion of the inquiry, a report shall be prepared and it shallcontain-(a)the articles of charge and the statement of the imputations of misconduct ormisbehaviour;(b)the defence of the Member of the Service in respect of each article ofcharge;(c)an assessment of the evidence in respect of each article of charge;(d)the findings on each article of charge and the reasons therefor.EXPLANATION- If in the opinion of the Inquiring Authority the proceedings ofthe inquiry establish any article of charge different from the original articles of thecharge, it may record its findings on such article of charge:Provided that the findings on such article of charge shall not be recorded unless theMember of the Service has either admitted the facts on which such article of chargeis based or has had a reasonable opportunity of defending himself against sucharticle of charge.(ii)The Inquiring Authority, where it is not itself the Disciplinary Authority, shallforward to the disciplinary authority the records of inquiry which shall include:-(a)the report prepared by it under clause (i).(b)the written statement of defence, if any, submitted by the Member of theService;(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 Member of theService or both during the course of the inquiry; and(e)the orders, if any, made by the Disciplinary Authority and the InquiringAuthority in regard to the inquiry.
