Section 8 in The Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988
8. Procedure for imposing major penalties.
(1)No order imposing any of the penalties specified in clauses (v) to (ix) of Rule 5 shall be made except after an enquiry held, as far as may be ,in the manner provided in this rule and Rule 9 or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850), where such inquiry is held under that Act.(2)Whenever the punishing authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof.Explanation. - Where the punishing authority itself holds the inquiry, any reference in sub-rules (7) to (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the punishing authority.(3)Where it is proposed to hold an inquiry against an employee under this rule and Rule 9, the punishing 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 charges ;(ii)a statement of imputations of misconduct or misbehaviour in support of each article of charges, which shall contain -(a)a statement of all relevant facts including any admission or confession made by the employee ;(b)a list of documents by which and a list of witness by whom the articles of charges are proposed to be sustained.(4)The punishing authority shall deliver or cause to be delivered to the employer a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the employee to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.(5)(a)On receipt of the written statement of defence the punishing authority may itself inquire into such of the articles of charge as are not admitted or ; if it considers it necessary so to do, appoint under sub-rule (2) an inquiring authority for the purpose, and where all the articles of charge have been admitted by the employee in his written statement of defence, the punishing authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in Rule 9.(b)If no written statement of defence is submitted by an employee, the punishing authority may itself inquire into the articles of charges or may, if it considers it necessary to do so, appoint under sub-rule (2) inquiring authority for the purpose.(c)Where the punishing authority itself inquiries into any article of charge or appoints as inquiring authority for holding an inquiry into such charge, it may, by an order appoint an employee or a legal practitioner, to be known as the 'Presenting Officer' to present on its behalf the case in support of the articles of charge.(6)The punishing 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 of misconduct or misbehaviour ;(ii)a copy of the written statement of defence, if any, submitted by the employee;(iii)a copy of the statement of witnesses, if any, referred to in sub- rule (3) ;(iv)evidence proving the delivery of documents required to be delivered to the employee under sub-rule (4) ;(v)a copy of the order appointing the "Presenting Officer".(7)An 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 statement of the imputations of misconduct or misbehaviour as the inquiring 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;(8)The employee 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 punishing authority is legal practitioner, or the punishing authority having regard to the circumstances of the case, so permits.(9)If the employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any 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 the charges, the inquiring authority shall record the plea, sign the record and obtain the signatures of the employee thereon.(10)The inquiring authority shall return a finding of guilt in respect of these articles of charge to which the employee pleads guilty.(11)The inquiring authority shall if an employee fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer 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 thirty days after recording an order that an employee may, for the purpose of preparing his defence, -(i)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 (3); and(ii)submit a list of witnesses to be examined on his behalf;Note :- If an employee applies orally or in writing for the supply of 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 as possible and in any case not later than three days before the commencement of the examination of the witness, on behalf of the punishing authority.(iii)give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of the Board or the Committees, as the case may be but not mentioned in the list referred to in sub-rule (3).Note :- An employee shall indicate the relevance of the documents required by him to be discovered or produced by the Board or the Committee, as the case may be.(12)The inquiring authority shall, on receipt of the notice for the 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 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 requisition such of the documents as are in its opinion not relevant to the case.(13)On receipt of the requisition referred to in sub-rule (12), 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 interest of the Board or the Committee, as the case may be, or 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.(14)On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of punishing authority, the witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the employee. 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. The inquiring 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 the punishing authority the inquiring authority may, in its discretion, allow the Presiding Officer to produce evidence not included in the list given to the employee or may itself call for new evidence or recall and re-examine any witnesses and in such case the employee shall be entitled to have if he demands it, a copy of the list of further evidence proposed to be produced and ask an adjournment of the inquiry for three clear days before the production of such new evidence exclusive of the date of adjournment and the day to which enquiry is adjourned. The inquiring authority shall give the employee an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.Note :- No evidence shall be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which was produced originally.(16)When the case for the punishing authority is closed, the employee shall be required to state his defence orally or in writing as he may prefer, if the defence is made orally it shall be recorded and the employee shall be required to sign the record, in other case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.(17)The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross- examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the punishing authority.(18)The inquiring authority may, after an employee closes his case, and shall, if the employee has not examined himself, generally question him on the circumstances, appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.(19)The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer if any, appointed and the employee or permit them to file written briefs of their respective cases, if they so desire.(20)If the employee to whom a copy of articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex parte.(21)(a)Where a punishing authority competent to impose any of the penalties specified in clauses (i) to (iv) of Rule 5 but not competent to impose any of the penalties specified in clauses (v) to (ix) of Rule 5 has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in clauses (v) to (ix) of Rule 5 should be imposed on the employee, that authority shall forward the records for the inquiry of such punishing authority as is competent to impose that last mentioned penalties.(b)The punishing authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice recall the witness and examine and re-examine the witnesses and may impose on the employee such penalty as it may deem fit in accordance with these rules.(22)Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry, ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has and which exercise, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.(23)(i)After the conclusion of the inquiry, a report shall be prepared and it shall contain,-(a)the articles of charge and the statement of the 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 findings on each article of charge and the reason therefor.Explanation :- If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge :Provided that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such articles of charge is based or has had a reasonable opportunity of defending himself against such article of charge.(ii)The inquiring authority where it is not itself the punishing authority shall forward to the punishing authority the records of inquiry which shall include,-(a)the report prepared by it under clause (1) ;(b)the written statement of defence, if any, submitted by the employee ;(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 employee or both during the course of the inquiry ; and(e)the orders, if any, made by the punishing authority and the inquiring authority in regard to the inquiry.
