(1)No order of dismissal, removal or reduction shall be passed on a member of the subordinate services unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself. 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 person 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 on the case. He shall be required, within a reasonable time, to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires or if the authority concerned so directs, an oral enquiry shall be held. At that enquiry oral evidence shall be heard as to such of the allegations as are not admitted and the person charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called as he wish, provided that the officer conducting the enquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a witness.(2)(a)After the enquiry against the person charged has been completed and after the authority conducting the enquiry has arrived at a provisional conclusion in regard to the penalty to be imposed, the accused officer should, if the penalty proposed is dismissal, removal or reduction in rank, be supplied with a copy of the report of the enquiring authority and be called upon to show cause against the particular penalty proposed to be inflicted. He will be allowed a maximum period of one month in which to do so.(b)In cases in which the officer who will pass orders himself conducts the enquiry, he should after completion of the evidence, if he considers that the penalty, which is prima facie suitable is dismissal, removal or reduction, clearly indicate to the accused his findings on each charge and call upon him to show cause within one month against such punishment.(Board Miscellaneous Rules, 1947, Article 166.)(3)When formal enquiries are conducted after the framing of charges, a gazetted officer will have the option to defend himself by engaging a lawyer at his own cost while a non-gazetted officer may be allowed to do so at the discretion of the officer conducting the enquiry.(G. O. no. A-9593, dated 16th November 1954.)
