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Union of India - Section

Section 11 in The Khadi And Village Industries Commission Employees (Classification, Control And Appeal) Regulations, 2003

11. Action on the inquiry report.

(1)The Disciplinary Authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the Inquiring Authority for further inquiry and report and the Inquiring Authority shall thereupon proceed to hold the further inquiry according to the provisions of regulation 10, as far as maybe.
(2)The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the Disciplinary Authority or where the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of the Inquiring Authority on any article o charge to the employee who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority, within 15 days, irrespective of whether the report is favourable or not to the employee.
(3)The Disciplinary Authority shall consider the representation, if any, submitted by the employee and record its findings before proceedings further in the matter as specified in sub-regulations (4) and (5).
(4)If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (v) of regulation 9 should be imposed on the employee it shall, notwithstanding anything contained in regulation 12, make an order imposing such penalty.
(5)If the Disciplinary Authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clauses (vi) to (x) of regulation 9 should be imposed on the employee, it shall make an order imposing such penalty and it shall not be necessary to give the employee any opportunity of making representation on the penalty proposed to be imposed.