Section 31 in Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012
31. Procedure for imposing minor penalties:-
(1)Subject to the provisions of sub-rule (4) of rule 30, no order imposing on aMember of the Service any of the penalties specified in clause (i) to (iv) of rule 26shall be made except after-(a)informing the Member of the Service in writing of the proposal to take actionagainst him and of the imputations of misconduct or misbehaviour on which it isproposed to be taken, and giving him reasonable opportunity of making suchrepresentation as he may wish to make against the proposal;(b)holding an inquiry in the manner laid down in sub-rules (3) to (23) of rule 29, inevery case in which the Disciplinary Authority is of the opinion that such inquiry isnecessary;(c)taking the representation, if any, submitted by the Member of the Service underclause (a) and the record of inquiry, if any, held under clause (b) into consideration;(d)recording a finding on each imputation or misconduct or misbehaviour; and(e)consulting the Appointing Authority where it is different from DisciplinaryAuthority where such consultation is necessary.(2)Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case itis proposed after considering the representation, if any, made by the Member of theService under clause (a) of that sub-rule, to withhold increments of pay and suchwithholding of increments is likely to affect adversely the amount of pensionpayable to the Member of the Service or to withhold increments of pay for a periodexceeding three years or to withhold increments of pay with cumulative effect forany period, an inquiry shall be held in the manner laid down in sub-rules (3) to (23)of Rule 29, before making any order imposing on the Member of the Service anysuch penalty.(3)The record of the proceedings in such cases shall include-(i)a copy of the intimation to the Member of the Service of the proposal to takeaction against him;(ii)a copy of the statement of imputations of misconduct or misbehaviour deliveredto him;(iii)his representation, if any;(iv)the evidence produced during the inquiry;(v)the advice of the Appointing Authority, if any;(vi)the findings on each imputation of misconduct or misbehaviour; and(vii)the orders on the case together with the reasons therefor.
