Section 6(12) in West Bengal Consumer Protection Rules, 1987
(12)[ (a) For the purpose of the inquiry under the proviso to sub-rule (5), the State Government shall draw up or cause to be drawn up-] [Substituted by Notification No. 530-0CA, dated 30.7:2001, w.e.f. 30.7.2001.](i)the substance of imputation of misconduct or misbehaviour into definite and distinct articles of charge ;(ii)a statement of misconduct or misbehaviour in support of each article of charge containing—(A)a statement of relevant facts including any admission or confession by the President or the member, as the case may be, of the State Forum,(B)a list of documents by which and a list of witnesses by whom, the articles of charge are proposed to be sustained.(b)The State Government shall deliver, or cause to be delivered, to the President or to the member, as the case may be, of the State Forum a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour prepared under clause (a).(c)The State Government shall in all cases for the purpose of inquiry appoint an inquiring authority and forward to it(i)a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour ;(ii)a copy of statement of witnesses, if any ;(iii)evidence proving the delivery of the documents referred to in clause (a) to the President or the member, as the case may be, of the State Forum.(d)The inquiring authority shall issue a notice. to the President or the member, as the case may be, of the State Forum, to submit, within ten working days from the date of receipt of the notice, a written statement of his defence together with the following :(i)a list of witnesses to be examined on his behalf ;(ii)a notice asking for the discovery or production of any documents which are in possession of the State Government but not mentioned in clause (a).The inquiring authority shall also inform the President or the member through the aforesaid notice that, for the purpose of preparing his defence, he may, within five working days from the date of receipt by him of the notice, inspect the documents specified in the list referred to in clause (a).(e)The inquiring authority shall, on receipt of the notice for discovery or production of documents forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition :Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.(f)On receipt of the requisition referred to in clause (e) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority :Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the President or the member and withdraw the requisition made by it for the production or discovery of such documents.(g)The President or the member, as the case may be, of the State Forum shall appear in person before the inquiring authority on such day and at such time within fourteen working days from the date of receipt of notice as referred to in clause (d), as the inquiring authority may specify in this behalf, to defend the charges brought against him.(h)The inquiring authority shall issue notice requiring the State Government or his representative to appear before it on such date and at such time as specified in clause (g), to present their case.(i)The President or the member, as the case may be, of the State Forum and the State Government or its representative shall appear before the inquiring authority on such date of hearing or any other date to which the hearing may be adjourned.(j)If the President or the member, as the case may be, of the State Forum, without prior leave of the inquiring authority, fails to appear on the specified date and time, the inquiring authority shall require the State Government or his representative to present his case and conduct the inquiry ex parte.(k)If prior leave of the inquiring authority has been taken, the case shall be adjourned to a later date. The inquiring authority shall, however, not ordinarily allow more than one adjournment.
