Section 10 in The M.P. Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Niyam, 1981
10. Power to authorise an inquiring officer under Section 5.
- The power to authorise an inquiring officer under Section 5 of the Act shall be exercised by the State Government if it is of the opinion that for the purposes of any departmental inquiry it is necessary to do so in relation to any employee or class or category of employees specified in clauses (a) and (b) of Section 2 of the Act.Form I[See Rule 4]Government Of Madhya Pradesh.............................. DepartmentOrderNo............Bhopal, Dated the.........................Whereas the State Government is of opinion that tor the purposes of the departmental inquiry in relation to Shri ......... it is necessary to summon..............as witnesses and/or call for document from..........Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 4 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979), the State Government hereby authorises Shri...........the inquiring authority to exercise the powers specified in Section 5 of the said Adhiniyam in relation to the above named person.Form II[See Rule 5]Government of Maoiiya Pradesh...........................DepartmentNo..........................Bhopal, Dated the..........NotificationsIn exercise of the powers conferred by sub-section (2) of Section 4 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979), the State Government hereby specifies that [...........] [Specify the name of the authority.] to exercise the powers conferred on it by sub-section (1) of Section 4 of the said Act for purposes of the departmental inquiry held against [.................] [Specify the name of the person against whom departmental inquiry is being held.]Form III[See Rule 6]To,(Name and address of the Judge concerned).Sir,Under the provisions of sub-section (3) of Section 5 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979), a summons in duplicate is herewith forwarded for service on the witness...................(Name)............(address). You are requested to cause a copy of the said summons to be served upon the said witness and return the original to me duly signed by the said witness, with a statement of service endorsed thereon by you.(2)A copy of the notification No.................dated...............issued by the State Government in.................. the Department under sub-section (1) of Section 4 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979), conferring on the undersigned the powers specified in Section 5 of the said Act, is enclosed.Signature........................Designation.........................Rubber Stamp bearing name and designation.Summon To Witness[Under sub-section (3) of Section 5 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979].Departmental inquiry held against Shri/Smt./Kumari................(name).........(designation), working in the.................. ............ (Department/Office).To,(Name and address of the Witness).Whereas, your attendance is required to .......................... (give evidence/produce documents) on behalf of ..................... (name of the defendant/Department/concerned) in the above departmental inquiry, you are hereby required personally to appear day of before this inquiring authority on the ............. (name of the month) 19....; at ........... O'Clock in the forenoon/at afternoon, and to bring with you (or to send to this inquiring authority) (description of the documents required).**Your travelling allowance and daily allowances will be paid by this inquiring authority on the conclusion of your evidence. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in Rule 12 of Order XVI of the Code of Civil Procedure, 1908.Given under may hand and seal of the inquiring authority this day of (name of the month), 19......Inquiring AuthorityNote. - (i) If you are summoned only to discover and produce a document or other material and not to give evidence, you shall be deemed to have complied with the summons if you cause such document or other material to be discovered and produced before this Inquiring Authority on the day and hour aforesaid.(ii)Rates of "Ravelling Allowance :-The witness summoned to the departmental inquiry shall be paid travelling and daily allowance according to the end.
