Section 17 in The Punjab Privately-Managed Recognised Schools Employees (Security of Service) Rules, 1981
17. Procedure for imposing penalties.
- [Sections 5, 6 and 15]. - (1) Whenever the punishing authority is of opinion that there are ground 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 an authority to inquire into the truth thereof.(2)Where it is proposed to hold an enquiry against an employee, the punishing authority shall draw or cause to be drawn up -(i)the substance of the imputations of misconduct or misbehaviour, as the case may be, into definite and distinct articles of charges;(ii)a statement of imputation of misconduct or misbehaviour in support of each article of charge, 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.(3)The punishing authority shall deliver or cause to be delivered to the employee 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 or whom each article of charge is proposed to be sustained and shall require the employee to submit within fifteen days a written statement of his defence.Note. - For computing the period of fifteen days, the time required for making available such record to the employee for inspection or taking extracts there from shall be excluded.(4)The employee may, on his written request, be permitted to engage a legal practitioner to defend him, and to inspect or take extracts from the records, pertaining the case for the purpose of preparing a written statement.(5)On receipt of the written statement of defence, the punishing authority may itself inquire into such of the articles of charges as are not admitted or, if it considers it necessary so to do, appoint an authority for the purpose, and where all the articles of charges have been admitted by the employee in his written statement of defence, the punishing authority shall record its findings on each charge.(6)If no written statement of defence is submitted by the employee within the specified time, or he does not appear in person or through his lawyer before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the punishing authority may itself hold the inquiry ex parte or if it considers necessary to do so appoint an inquiring authority for the purpose and this authority shall forward the records of the inquiry to the punishing authority who is competent to impose the penalty.(7)During the course of inquiry the employee shall be entitled to cross examine the witnesses examined in support of the articles of charges and to give evidence in person and to have such witnesses as may be produced, examined in his defence.(8)Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an enquiry ceases to exercise its jurisdiction therein and is succeeded by another inquiring authority which has and which exercises, 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 opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may record, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.(9)After the conclusion of the enquiry, a report shall be prepared and it shall contain-(a)the articles of charges and the statement of imputations of mis- conduct or misbehaviour;(b)the defence of the employee in respect of each article of charge; and(c)an assessment of the evidence in respect of each article or charge;(d)the finding on each article of charge and the reasons therefor.Explanation. - (i) If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of 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 article of charge is based or has had a reasons 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 sub-rule (9).(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 enquiry; and(e)the orders, if any, made by the punishing authority and the inquiring authority in regard to the inquiry.
