Section 8 in The Madurai Corporation Services (Discipline and Appeal) Rules, 1975
8. Procedure for imposing penalties.
(1)In every case where it is proposed to impose on a member of the service any of the penalties specified in clauses (1), (2), (4),(5), (6) and (10) of rule 3, he shall be given a reasonable opportunity of making any representation that he may desire to make and such representation, if any, shall be taken into consideration before the order imposing the penalty is passed:Provided that the requirements of this sub-rule not apply where it is proposed to impose on a member of the service any of the penalties aforesaid on the basis of facts which have led to his conviction by a Court Martial or where the member of the service concerned has absconded or where it is for other reasons impracticable to communicate with him.(2)In every case where it is proposed to impose on a member of the service any of the penalties specified in causes (3), (7), (8) and (9) of rule 3, 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 service charged together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders in the case. The member of the service so charged shall be required, within a reasonable time, to put in written statement of defence and to state whether he desires an oral inquiry or to be heard in person. The member of the service so charged shall be entitled to cross examine the witnesses to girl-guidance in person and to have such intervals called as he may wish, provided that the authority conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call witness whether or not the member of the service charged desired or had an oral inquiry he shall be heard in person at any stage if he so desires before passing final orders. A report of the inquiry or personal hearing as the case may be, shall be prepared a by the authority holding the enquiry or personal hearing, whether or not such authority is competent to impose the penalty. Such report shall contain a sufficient record of evidence, if any, and a statement of the findings and the grounds thereof.(3)After the enquiry or personal hearing referred to in sub-rule (2) has been completed and after the authority competent to impose the penalty has arrived at a provisional conclusion in regard to the penalty to be imposed, the member of the service charged shall be supplied with a copy of the report of the enquiring authority referred to in that clause and be called upon to show cause, within a reasonable time not ordinarily exceeding one month, against the particular penalty proposed to be imposed.(4)Any representation in this behalf submitted by the member of the service charged shall be taken into consideration before final orders are passed provided that such representation shall be based only on the evidence adduced during the enquiry.Explanation. - An opportunity to show cause against the imposition of any of the penalties referred to in sub rule (2) shall be given, after the authority competent to impose the penalty arrives at a provisional conclusion in regard to the penalty to be imposed, whether by such authority himself or under his direction by a subordinate authority who is superior in rank to the member of the service on whom it is proposed to impose the penalty.(5)The requirements of sub-rule (2) shall apply where it is proposed to impose on a member of the service any such penalty as is referred therein on the basis of the facts which have led to his conviction in a Criminal Court (whether or not he has been sentenced by such Court to any imprisonment), but he shall be given reasonable opportunity of making any representation that he may desire to make and such representation, if-any, shall be taken into consideration before the order imposing the penalty is passed.(6)The requirement of sub-rule (2) shall not apply where; it is proposed to impose on a member of the service any of the penalties mentioned in rule 3 on the basis of the facts, which have led to his conviction by a Court Martial or where the member of the service has absconded or where it is for other reasons impracticable to communicate with him.(7)The provision of sub-rule (2) shall not apply where the Government are satisfied that in the interest of the security of the State, it is not expedient to follow the procedure prescribed in the said sub-rule.(8)All or any of the provision of sub-rules (1) and (2) may, in exceptional cases, for special and sufficient reasons to be recorded in writing, be waived where there is difficulty in observing exactly the requirements of the said sub-rules and these requirements can be waived without injustice to the member of the service charged. If any question arises whether it is reasonable or practicable to follow the procedure prescribed in sub-rule (2), the decision thereon of the authority competent to dismiss or remove such member of the service or reduce him in rank, as the case may be, shall be final.(9)A member of the service may be placed under suspension from service where-(i)an inquiry into grave charge against him is contemplated or is pending; or(ii)a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest.(10)A member of the service, who is detained in custody whether on a criminal charge or otherwise for a period longer than forty-eight hours shall be deemed to have been suspended under this rule.(11)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the service under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other direction, the order of suspension shall be deemed to have continued in force on and from the date of original order of dismissal, removal or compulsory retirement and shall remain in force until further order.(12)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the service is set aside or declared or rendered void in consequence of, or by a decision of a Court of law and the disciplinary authority on a consideration of the circumstances of the case, decide to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, such member of a service shall be deemed to have been placed under suspension by the appointing authority from the date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.(13)Where a member of the service is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that such a member shall continue to be under suspension until the termination of all or any of such proceedings.(14)An order of suspension made or deemed to have been made under this rule may, at any time, be revoked by the authority which made the order or by the appellate authority or by the Government.
