Section 15(2) in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960
(2)(a)Whenever a complaint is received, or on consideration of the report of an investigation, or for other reasons, the disciplinary authority of the appointing authority or any other authority empowered by Government in this behalf is satisfied that there is a prima facie case for taking action against a Government servant, such authority shall frame definite charge or charges which shall be communicated to the Government servant 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. The accused Government servants shall be required to submit within a reasonable time to be specified in that behalf a written statement of his defence and also to state whether he desires to be heard in person. The Government servant may on his request be permitted to peruse or take extracts from the records pertaining to the case for the purpose of preparing his written statement; provided that the disciplinary or other authority referred to above may, for reasons to be recorded in writing, refuse him such access, if in its opinion such records are not strictly relevant to the case or it is not desirable in the public interest to allow such access. After the written statement is received or if no such statement is received within the time allowed, the authority referred to above may, if it is satisfied that a formal enquiry should be held into the conduct of the Government servant, forward the record of the case to the authority or officer referred to in clause (b) and order that a formal enquiry may be conducted.(b)The formal enquiry may be conducted by,-(i)the Government;(ii)the appointing authority;(iii)the disciplinary authority;(iv)the Head of the Department or any Officer of the Department empowered by the appointing authority or the Head of the Department; or(v)a special officer or tribunal appointed by the Government for the purpose or a tribunal generally appointed for making inquiries into the conduct of Government servants:Provided that the formal enquiry in respect of a member of the Kerala Civil Judicial Service or the Kerala Criminal Judicial Service or a District Judge shall be conducted by the High Court or any other authority appointed by the High Court in this behalf."Provided further that the Complaints committee constituted in each Department/Office/Institution for inquiring into complaints of sexual harassment falling within the ambit of rule 93F of Kerala Government Servants Conduct Rules, 1960 shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of the enquiry and the Committed shall hold, on receipt of such a complaint, the enquiry, as far as practicable, in accordance with the procedures laid down in these rules unless separate procedure has been prescribed for the Committee for holding such enquiry."Explanation. - In this sub-rule the expression "the Disciplinary Authority" shall include the authority competent under these rules to impose upon the Government servant any of the penalties specified in items (i) to (iv) of rule 11 (1).
