Section 54 in The Bihar School Examination Board Regulations, 1964
54. Framing of Memorandum of charges : holding of oral enquiry and drafting of punishment order.
(a)The following instructions should be observed in framing a memorandum of charges:-(1)The grounds on which it is proposed to take action against an employee should be reduced to the form of a definite charge or charges.(2)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, should invariably be recorded in the memorandum. In no circumstances, however, should an opinion or anything that can be constructed as an opinion as to the guilt of the employee appear in the memorandum.(3)The employee should be required, within a reasonable time to be specified in the memorandum, to put in a written statement of his defence. He should also be required to state whether he desires to be heard in person, in respect of cases involving the punishment of reduction, removal or dismissal from service.(b)The circumstances in which an oral enquiry has to be held and the manner in which it should be conducted, are detailed below:-(1)If the employee who has been charged with an offence involving the punishment of reduction, removal or dismissal from service, desires to be heard in person, an oral enquiry must be held. It is also open to the punishing authority to direct that an oral enquiry should be held, even if the employee does not ask for it.(2)At the oral enquiry it is incumbent on the authority concerned to have oral evidence as to such of the allegations as are not admitted and to give the employee charged an opportunity (a) to cross-examine the witnesses (b) to give evidence in person and (c) to have such witnesses called as he may wish provided that the officer conducting the enquiry may, for special and sufficient reason to be recorded in writing refuse to call a witness.(3)The proceeding of the oral enquiry should be reduced to writing and be signed by the enquiring officer and the employee charged.(c)After the enquiry against the employee has been completed and after the punishing authority has arrived at provisional conclusions in regard to the punishment to be imposed, the employee should, if the punishment proposed is dismissal, removal or reduction 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 particular punishment proposed to be inflicted. Any representation submitted by the employee in this behalf should be duly taken into consideration before final orders are passed. If he does not submit any representation in reply to this 'show cause' notice within the time specified, ex-parte orders of punishment may be passed by the punishing authority. If, however, he submits a representation in this behalf, it should be duly taken into consideration by the punishing authority before final orders are passed.(d)The order or punishment should be framed in a proper form. It should contain a summary of the evidence (including oral evidence, if any) and a statement of the findings and the grounds thereof. In other words, the punishment order should contain briefly the following:-(i)The facts and the history of the case leading to the charges;(ii)the charges;(iii)a summary of the examination of the defence and the evidence (including oral evidence, if any) in respect of each charge; and(iv)a statement of the findings in respect of each charge.In the examination of the evidence the defence of the accused must be briefly dealt with, and in the final opinion and decision expressed in the order, consideration should be given to the service and character of the employee whose conduct has been under enquiry. The order of punishment should be signed personally by the authority competent to inflict the punishment and the conclusing portion of the order embodying the punishment inflicted should be on the model of the following form prescribed in cases of removal or dismissal from service.I, the undersigned, do hereby dismiss/remove Mr. ....................... from the .................. service ................ with effect from ...................Name.............................................Designation of officer...................Competent to dismiss/remove from service.A copy of the order must be furnished to the employee punished under receipt which must be kept on record attached to the original order of punishment in the personal file of the official concerned or in the file from which the order is issued, as the case may be. Particulars of the punishment awarded to the official should be recorded in his confidential record or character sheet, as the case may be. The adverse remarks to be recorded should be prepared in duplicate, one copy to be signed and retained by official to be kept in his confidential record or character sheet. In case where an official prefers an appeal and his appeal is upheld either wholly or partially, particulars of the appellate orders should be recorded in his confidential record or character sheet.
