Section 8 in The Coimbatore Corporation Services (Discipline and Appeal) Rules, 1986
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 clause (1), (2), (4), (5), (6) and (10) of rule 3, 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 requirement of this sub-rule shall 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 had absconded or where it is for other reasons impracticable to communicate with them.(2)In every case where it is proposed to impose on a member of the service any of the penalties specified in clauses (3), (7), (8) and (9) or rule 3, of the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges or charge which shall be communicated to the member of the service charged together with a statement of the allegation on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing order in the case. The member of the service so charged shall be required within a reasonable time to put in a written statement of his defence and to state whether he desires an oral inquiry as to be heard in person or both. As oral enquiry shall be held of such an enquiry is desired by the member of the service charged shall be entitled to cross-examine the witness, to give evidence is person and to have such witness, called as he may wish provided that the authority conducting the enquiry may, for special and sufficient reasons to be recorded in writing refuse to call witness whether or not the member of the sendee, charged desired or had an oral enquiry he shall be heard in person at any stage if he so desires before-passing final orders. A report of the enquiry or personal hearing, as the case may be, shall be prepared 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 ground thereof.(3)After the enquiry or personal hearing referred to in sub-rule (2) been completed and after the authority competent to impose the penalty has arrived at a provisional conclusion in regard to.the penalty to be imported, 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 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 Permanent employees referred to in sub-rule (2) shall be given, after the authority competent to impose the penalty arrives at the provisional conclusion in regard to the penalty to be imposed, either by such authority in rank 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 not apply where it is proposed to impose on a member of the service any such penalty as is referred to therein on the basis of the facts which have led to his conviction is in a criminal Court (whether or not he has been sentenced by such Court to any imprisonment), but 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.(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 13 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 where it is for other reasons impracticable to communicate with him.(7)The provisions 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 that sub-rule.(8)All or any of the provisions of sub-rule (1) and (2) may, in exceptional cases, for special and sufficient reasons to be recorded in writing be waived whether there is difficulty in observing exactly the requirements of the said sub-rules and these requirements can be waived without in justice to the member of the service charged. If any question arises whether it is reasonably 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 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 sendee, who is detained in custody whether on criminal charge or otherwise for a period longer than forty eight hours, shall be deemed to have been suspended under this rule.Provided a member of the service who has been placed under suspension under sub-rule (9) and (10) shall be paid subsistence allowance at the rates as applicable to Government servants of the same status from time to time.(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 Oh a review under these rules and the case is remitted for further inquiry or action or with any other directions 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 orders.(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, decides 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) arid 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 of the service shall continue to be under suspension until the termination of all or any of such proceedings or by the appellate authority or by the Government.
