Section 19 in The U.P. Secondary Education Services Selection Board Rules, 1998
19. Investigation of misconduct
. - The procedure for the investigation and proof of misconduct, referred to in sub-section (2) of Section 6 of the Act shall be as follows :(a)Where, on complaint or otherwise, the State Government is satisfied, whether or not after making a preliminary inquiry that there is prima facie case of misconduct against a member it shall give the member concerned an option either to resign the office unconditionally or to face investigation.(b)If no resignation referred to in clause (a) is received within fifteen days from the date of giving such option, the State Government may appoint an Inquiry Officer who shall be a sitting or retired Judge of a High Court or a person eligible to be appointed a Judge of a High Court.(c)The Inquiry Officer shall, after giving the member concerned a reasonable opportunity of being heard and after taking such evidence as he may consider necessary, submit his report to the State Government within fifteen days of the completion of inquiry.(d)In conducting the inquiry, the Inquiry Officer shall be guided by rules of inquiry and the principles of natural justice and shall not be bound by formal rules relating to procedure of inquiry.(e)The provisions of the Uttar Pradesh Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1976 (U.P. Act No. 4 of 1976) shall apply to such inquiry.(f)Where during the course of the inquiry, the Inquiry Officer is changed, for any reason whatsoever, it shall not be necessary for the new Inquiry Officer to commence the inquiry afresh and the inquiry may be proceeded with from the stage when the Inquiry Officer was changed.(g)Subject to the provisions of this rule, the Inquiry Officer shall have power to regulate the procedure of the inquiry, including the fixing of place and time of its sitting and deciding whether the inquiry should be conducted in public or in camera.APPENDIX "A"[See Rules 11 (2) and 14 (3)]Requisition Form for the Recruitment of Candidates for Appointment to the post of Teacher/Principal/Headmaster(To be sent in quadruplicate)
