Section 9 in Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973
9. Procedure for imposing penalties.
(1)In every case where it is proposed to impose on a member of service any of the penalties in clauses (1), (2), (4) and (5) of regulation 3, 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:Provided that the requirements of this sub-clause 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 officer concerned has absconded, or where it is for other reasons impracticable to communicate with him.(2)In cases where it is proposed to impose on a member of the service any of the penalties specified in clauses 3, 6, 7, 8 and 9 of regulation 3, the grounds on which it is proposed to take action shall be reduced to the form of definite charge or charge together with a statement of the allegations on 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 an oral enquiry or to be heard in person or both. An oral enquiry shall be held if such an enquiry is desired by the person charged or is directed by the authority concerned.At the 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 may wish, provided that the officer conducting the enquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a witness. After the enquiry has been completed, the person charged shall be entitled to put in, if he so desires, any further written statement of his defence. If no enquiry is held and if he had desired to be heard in person, a personal hearing shall be given to him.The proceedings shall contain a sufficient record of the evidence and a statement of the findings and grounds thereon, the enquiry shall ordinarily be conducted by the disciplinary authority. In respect of cases for which the Additional Director of Health Services and Family Planning is the disciplinary authority, such enquiry shall be conducted either by himself or, at his direction, by any subordinate authority.(3)After the enquiry referred to in sub-clause (2) has been completed and after the authority competent to impose the penalty mentioned in that sub-clause has arrived at a provisional conclusion in regard to the penalty to be imposed, the person charged shall be supplied with a copy of the report of the enquiring authority and be called upon to show cause within a reasonable time not ordinarily exceeding one month against the proposed penalty proposed to be inflicted.(4)Any representation in this behalf submitted by the person 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 referred to in sub-clause (2) shall be given after the authority competent to impose the penalty arrives at a provisional conclusion in regard to the penalty to be imposed either by such authority himself or under his direction, by a subordinate authority who is superior in rank to the person on whom it is proposed to impose the penalty.(5)The requirements of sub-clause (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 in a Criminal Court (whether or not he has been sentenced by such Court to any punishment), 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 requirements of sub-clause (2) shall not apply where it is proposed to impose on a member of the service any of the penalties mentioned in regulation 3 on the basis of the facts which have led to his conviction by a Court Martial or where the person concerned has absconded or where it is for other reasons impracticable to communicate with him.(7)The provisions of sub-clause (2) shall not apply where the State 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-clause.(8)All or any of the provisions of sub-clauses (1) and (2) may, in exceptional cases, for special and sufficient reasons to be recorded in writing, be waived where there is difficulty in observing exactly the requirements of the said clauses, and these requirements can be waived without injustice to the person charged. If any question arises whether it is reasonably practicable to follow the procedure prescribed in sub-clause (2), the decision thereon of the authority competent to dismiss or remove such person or reduce him in rank, as the case may be, shall be final.
