Section 9 in The Chennai Corporation Class III and Class IV Service (Discipline and Appeal) by-laws
9. Procedure for imposing penalties.
(1)In every case, where it is proposed to impose on a member of a service, any of the penalties specified in clauses (i), (ii), (iii), (v) and (vi) of by-law 5, he shall be given 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 clause shall not apply where it is proposed to impose on a member of a service any of the penalties aforesaid on the basis of facts which have led to his conviction by the Court martial I or where the officer concerned has absconded or where it is for other reasons impracticable to communicate with him.(2)In every case, where it is proposed to impose on a member of a service, any of the penalties specified in clauses (iv), (viii), (ix), (x) and (xi) of by-law 5, the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances on which it is proposed to take into consideration in passing orders in the case. The person so charged 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 only to be heard in person or both. An oral inquiry shall be held if such inquiry is desired by the person charged or is directed by the authority concerned. At the inquiry, 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 called, as he may wish, provided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call a witness. After the inquiry 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 inquiry is held and if he has 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 the grounds thereof.(3)[ After the expiry of personal hearing referred to in clause (2) has been completed, the authority competent to impose the penalty specified in that clause is of the opinion, on the basis of the evidence adduced during the enquiry, that any of the penalties specified in by-law 5 should be imposed on the person charged, it shall, before making an order imposing such penalty, furnish to him a copy of the report of the enquiry or personal hearing or both, as the case may be, and call upon him to submit his further representation, if any, within a reasonable time, not exceeding 15 days. Any representation received in this behalf within the period shall be taken into consideration before making any order imposing the penalty, provided that such representation shall be based on the evidence adduced during the enquiry only. It shall not be necessary to give the person charged any opportunity of making representation on the penalty proposed to be imposed.(4)The requirements of clause (2) shall not apply where it is proposed to impose on a member of a service any such penalty as is referred to therein on the basis of 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.] [Clauses (3) and (4) amended by the Government in G.O. Ms. No. 169, MAWS (MC3) department, dated the 7th July, 1999.](5)The requirements of clause (2) shall not apply where it is proposed to impose on a member of a service any of the penalties mentioned in by-law 5 on the basis of the facts which have led to his conviction by a Court martial or where the person has absconded or where it is for other reasons impracticable to communicate with him.(6)The provisions of clause (2) shall not apply where the Corporation is satisfied that in the interest of the security of the State, it is not expedient to follow the procedure prescribed in that clause.(7)All or any of the provisions of clauses (1) and (2) may, in exceptional cases and 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 those 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 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.(8)A member of a service may be placed under suspension from service, where-(i)an enquiry into grave charges against him is contemplated or is pending; or(ii)a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest.(9)A member of a service who is detained in custody whether on a criminal charge or otherwise for a period longer than forty-eight hours shall be deemed to have been suspended under these by-laws.(10)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of a service under suspension is set aside in appeal or on review under these by-laws and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.(11)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of a service is set aside or declared or rendered void in consequence of, or by a decision of, a Court of law and the disciplinary authority, on a consideration of the circumstances of the ca$e, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, such member of a service shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.(12)An order of suspension made or deemed to have been made under this by-law may, at any time, be revoked by the authority which made the order or by the appellate authority or the Government.
