Section 33 in The Chhattisgarh Municipal Service (Executive) Rules, 1973
33. Procedure for imposing certain penalties.
(1)Without prejudice to the provisions of the Public Servants Enquiry Act, 1850. no order shall be passed imposing any of the penalties specified in clauses (iv) to (vi) of Rule 31 on a member of the service 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.(2)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 member of the service charged together with a statement of allegations on which each charge is based and on any other circumstances which it is proposed to take into consideration in passing orders on the case.(3)The member of the service shall be required within such time, as may be specified by the appointing authority, to submit a written statement of his defence and to state whether he desires to be heard in person and produce witness.(4)The member of the service charged may request for an access to municipal record for the purpose of preparing his written statement provided that the appointing authority may, for reasons, to be recorded in writing, refuse him such access, if in its opinion such records are not strictly relevant to the case or it is not desirable in the public or municipal interest to allow him access thereto.(5)After the written statement is received from the member of the service in accordance with sub-rule (3) or if no such statement is received within the time specified, the appointing authority may, if it considers it necessary, appoint an Enquiry Officer to inquire into the charges framed against the member of the service and shall have the charges inquired into as provided in sub-rule (6).(6)If the member of the service desires to be heard in person, he shall be so heard. If he desires that an oral inquiry be held or if the appointing authority so directs, an inquiry shall be held by the Enquiry Officer. At such enquiry, evidence shall be heard as to such of the allegations as arc not admitted and the member of the service charged shall be entitled to cross-examine the witness who gives evidence in person and to have such witness called as he may wish ;Provided that the Enquiry Officer may, for reasons to be recorded in writing refuse to call a witness whose evidence is, in the opinion of the Enquiry Officer, not relevant or material.(7)At the conclusion of the enquiry, the authority inquiring into the charges shall prepare a report of the inquiry, recording its findings on each of the charges together with the reasons therefor. If in the opinion of such authority the proceeding of the inquiry establishes charges different from those originally framed, it may record its findings on such charges :Provided that findings on such charges shall not be recorded unless the member of the service, charge has admitted the facts constituting them or has had an opportunity of defending himself against them.(8)The record of the inquiry shall include :-(i)the charges framed against the member of the service and the statement of allegations furnished to him under sub-rule (2);(ii)his written statement of defence, if any;(iii)the evidence recorded in the course of inquiry;(iv)the orders, if any, made by the State Government and the report of the authority making the inquiry, in regard to the inquiry; and(v)a report setting out the findings on each charge and the reasons therefor.(9)The appointing authority shall consider the record of the enquiry and determine which of the findings of the Enquiry Officer, it accepts.(10)If the appointing authority having regard of the findings recorded or accepted, has arrived at any provisional conclusion in regard to one of the penalties specified in clauses (iv) to (vi) of Rule 31 to he imposed, it shall-(a)furnish to the member of the service concerned, a copy of the report of the enquiry' together with a statement of such findings; and(b)give him a show-cause notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time, such representation as he may wish to make against the proposed action.(11)The appointing authority shall determine having regard to the findings recorded or accepted by it, and the representation, if any, made by the member of the service under sub-rule (10), what penalty, if any, should be imposed on the member of the service and subject to Rule 32 pass appropriate orders on the case and the orders so passed shall be communicated to 'he member of the service.
