Section 61(8) in Unique Identification Authority of India (Salary, Allowances and other Terms and Conditions of Service of Employees) Regulations, 2020
(8)The procedure that shall be followed for the said inquiry is as under:-(a)The Inquiry Officer shall by notice in writing, specify the day on which the employee shall appear in person before the Inquiry Officer.(b)On the date fixed by the Inquiry Officer, the employee shall appear before the Inquiry Officer at the time, place and date specified in the notice.(c)The Inquiry Officer shall ask the employee whether he pleads guilty or has any defence to make and if he pleads guilty to any of the Articles of charge, the Inquiry Officer shall record the plea, sign the record and obtain the signature of the employee concerned thereon.(d)The Inquiry Officer shall return a finding of guilt in respect of those articles of charge to which the employee concerned pleads guilty.(e)If the employee does not plead guilty, the Inquiry Officer shall adjourn the case to a later date not exceeding 30 days.(f)The Inquiry Officer shall, where the employee does not admit all or any of the articles of charge, furnish to such employee a list of documents by which, and a list of witness by whom, the articles of charge are proposed to be proved.(g)The Inquiry Officer shall also record an order that the 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 officer may allow, the documents listed;ii. submit a list of documents and witnesses that he wants for the inquiry;iii. be supplied with copies of statements or witnesses to be relied upon, if any, recorded earlier and the Inquiry Officer shall furnish such copies not later than three days before the commencement of the examination of the witnesses by the Inquiry Officer;iv. give a notice within ten days of the order or within such further time not exceeding ten days as the Inquiring Officer may allow for the discovery or production of the documents referred to in item (ii).Note: The relevancy of the documents and the examination of the witnesses referred to in sub clause (ii) shall be given by the employee concerned.(h)The Inquiry Officer shall, on receipt of the notice for the discovery or production of the documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept with a requisition for the production of the documents on such date as may be specified.(i)On the receipt of the requisition under clause (h), the authority having the custody or possession of the requisitioned documents shall arrange to produce the same before the Inquiry Officer on the date, place and time specified in the requisition;Provided that the authority having the custody or possession of the requisitioned documents may claim privilege, if the production of such documents will be against the public interest or the interest of the Authority. In that event, it shall inform the Inquiry Officer accordingly.(j)On the date fixed for the inquiry, the oral or documentary evidence by which the articles of charge are proposed to be proved, shall be produced by or on behalf of the Disciplinary Authority. The witnesses produced by the Presenting Officer shall be examined by the Presenting Officer and may be cross-examined by or on behalf of the employee. The Presenting Officer shall be entitled to re-examine his witnesses on any points on which they have been cross-examined, but not on a new matter, without the leave of the Inquiry Officer. The inquiry officer may also put such questions to the witnesses.(k)Before the close of the case, in support of the charges, the Inquiry Officer may, in its discretion, allow the Presenting Officer to produce evidence not included in charge-sheet or may itself call for new evidence or recall or re-examine any witness. In such case, the employee shall be given opportunity to inspect the documentary evidence before it is taken on record, or to cross-examine a witness, who has been so summoned. The Inquiry Officer may also allow the employee to produce new evidence, if it is of opinion that the production of such evidence is necessary in the interests of justice.(l)When the case in support of the charges is closed, the employee may 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 either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.(m)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 by the employee and may be cross-examined by the Presenting Officer. The employee shall be entitled to re-examine any of his witnesses on any points on which they have been cross-examined, but not on any new matter without the leave of the Inquiry Officer.(n)The Inquiry Officer may, after the employee closes his evidence, and shall, if the employee has not got himself examined, 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.(o)After the completion of the production of the evidence, the employee and the Presenting Officer may file written briefs of their respective cases within 15 days of the date of completion of the production of evidence.(p)If the employee does not submit the written statement of defence referred to in sub-regulation
