(1) No order of imposing a major penalty shall be passed against a person to whom these rules are applicable unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(2) Whenever the punishing authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government employee, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof:
(3) Where it is proposed to hold an inquiry against a Government employee under this rule, the punishing authority shall draw up or cause to be drawn up-
(i) the substance of imputation of misconduct or misbehaviour into definite and distinct statement of charges;
(ii) a statement of imputation of misconduct or misbehaviour in support of each statement of charge, which shall contain-
(a) a statement of all relative facts including any admission or confession made by the Government employee;
(b) a list of documents by which and a list of witnesses by whom, the statement of charges are proposed to be sustained.
(4) The punishing authority shall deliver or cause to be delivered to the Government employee, a copy of the statement of charges, the statement of the imputations of misconduct or misbehaviour and a list of document and witness by which each statement of charge is proposed to be sustained and shall require the Government employee to submit, within such time as may be specified (not more than 45 days), a written statement of his defence and to state whether he desires to be heard in person.
(5) In case the competent authority is satisfied with the written statement of defence given by the charged person, it may drop the charge-sheet without resorting to the procedure of conducting enquiry. Similarly, if the competent authority after considering the written statement of defence of the charged person is of the opinion that awarding of minor punishment shall meet the end of justice, then the authority competent may award minor punishment without following the procedure of conducting the enquiry.
(6) Subject to the provisions of sub-rule (5), on receipt of the written statement of defence, the punishing authority may-
(i) itself inquire into such of the statement of charges as are not admitted; or,
(ii) if it considers it necessary so to do, appoint under sub-rule (2), an inquiry officer for the purpose; and
(iii) where all the statement of charges have been admitted by the Government employee in his written statement of defence, the punishing authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 7(C);
(7) If no written statement of defence is submitted by the charged person within the specified period or extended period, if any, allowed by the punishing authority after due consideration, the punishing authority may itself inquiry into the statement of charges or may, if it considers it necessary to do so, appoint under sub-rule (2), inquiry officer for the purpose.
(8) Where the punishing authority itself inquiries into any articles of charge(s) or appoints an inquiry officer for holding an inquiry into such charge(s), it shall by an order appoint a Government employee or a legal practitioner, to be known as the 'Presenting Officer' to present on its behalf the case in support of the statement of charges.
(9) The punishing authority shall, where it is not itself the inquiry officer, forward to the inquiry officer-
(i) a copy of the articles of charge(s) and the statement of the imputation of misconduct or misbehaviour;
(ii) a copy of written statement of defence, if any submitted by the charged person;
(iii) a copy of the statement of witnesses, if any, referred to in sub-rule (3);
(iv) evidence proving the delivery of the documents required to be delivered to the charged person under sub-rule (4);
(v) a copy of the order appointing the Presenting Officer.
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-rule (3);
(ii) submit a list of witnesses to be examined on his behalf;
(iii) apply orally or in writing for the supply of copies of the statements, if any recorded, of witness mentioned in the list referred to in sub-rule (3), in which case the inquiring authority shall furnish to him such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the punishing authority; and
(iv) give a notice within ten days of the order or within such further time not exceeding ten days, as the inquiring authority may allow for the discovery or production of any documents which is in the possession of Government, but not mentioned in the list referred to in sub-rule (3) and the Government employee shall also indicate the relevance of the document required by him to be discovered or produced by the Government.
Note 1. - Charges need not necessarily be framed in relation only to specific incidents or acts of misconduct. When reports received against an officer or a preliminary enquiry show that his general behaviour has been such as to be unfitting to his position, or that he has failed to reach or maintain a reasonable standard of efficiency he may be charged accordingly, and a finding of such a charge may be valid ground for the infliction of any authorized punishment, which may be considered suitable in the circumstances of the case. It shall be necessary to communicate the charges of misbehaviour or of inefficiency or of both as the case may be, to the officer/official concerned but statement which is to be communicated to the officer/official in support of the charges need not specify particular acts of misconduct. It shall be sufficient in the statement to give the list of the report on the basis of which misbehaviour or inefficiency is alleged.
Note 1.
Note 2. - Any person compulsorily retired from service in accordance with the procedure prescribed by this rule shall be granted such compensation, pension gratuity, or Provident Fund benefits as may have been admissible to him had he been discharged from service due to the abolition of his post without any alternative suitable employment being provided, under the rules applicable to his service or post on the date of such retirement.
Note 2.
(B) Submission of inquiry report
(1) After the close of the enquiry, the inquiry officer shall prepare his report which inter-alia indicate the following:-
(a) statement of charges and the allegations framed against the Government employees;
(b) his explanation, if any;
(c) oral and documentary evidence produced in support of the charges;
(d) oral and documentary evidence led in defence;
(e) findings on the charges.
(a) the report prepared by it under rule 7(B)(1);
(b) the written statement of defence, if any, submitted by the charged person;
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs, if any, filed by the presenting officer or the charged person or both during the course of the inquiry; and
(e) the orders, if any, made by the punishing authority and the inquiry officer in regard to the inquiry.
(C) Action on inquiry report
(1) After the enquiry against a charged person has been completed, the punishing authority shall forward or cause to be forwarded a copy of the enquiry report, and where the punishing authority does not agree with the enquiry report or any part thereof, the reasons for such disagreement shall be communicated alongwith the enquiry report, to the charged person who may submit, if he so desires, a written representation to the punishing authority within a period of one month from the date of such communication.
(2) The punishing authority shall consider the representation, if any, submitted by the charged person and record its findings before proceeding further in the matter as specified in rule 4.
Section 7 • Haryana Civil Services (Punishment and Appeal) Rules, 2016
7. Procedure for imposing major penalty.
haryana-civil-services-punishment-and-appeal-rules-2016-sec-7.json
•
Section 7
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"act_title": "Haryana Civil Services (Punishment and Appeal) Rules, 2016",
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"number": "7",
"title": "7. Procedure for imposing major penalty.",
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"content": "(1) No order of imposing a major penalty shall be passed against a person to whom these rules are applicable unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.\n(2) Whenever the punishing authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government employee, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof:\n(3) Where it is proposed to hold an inquiry against a Government employee under this rule, the punishing authority shall draw up or cause to be drawn up-\n(i) the substance of imputation of misconduct or misbehaviour into definite and distinct statement of charges;\n(ii) a statement of imputation of misconduct or misbehaviour in support of each statement of charge, which shall contain-\n(a) a statement of all relative facts including any admission or confession made by the Government employee;\n(b) a list of documents by which and a list of witnesses by whom, the statement of charges are proposed to be sustained.\n(4) The punishing authority shall deliver or cause to be delivered to the Government employee, a copy of the statement of charges, the statement of the imputations of misconduct or misbehaviour and a list of document and witness by which each statement of charge is proposed to be sustained and shall require the Government employee to submit, within such time as may be specified (not more than 45 days), a written statement of his defence and to state whether he desires to be heard in person.\n(5) In case the competent authority is satisfied with the written statement of defence given by the charged person, it may drop the charge-sheet without resorting to the procedure of conducting enquiry. Similarly, if the competent authority after considering the written statement of defence of the charged person is of the opinion that awarding of minor punishment shall meet the end of justice, then the authority competent may award minor punishment without following the procedure of conducting the enquiry.\n(6) Subject to the provisions of sub-rule (5), on receipt of the written statement of defence, the punishing authority may-\n(i) itself inquire into such of the statement of charges as are not admitted; or,\n(ii) if it considers it necessary so to do, appoint under sub-rule (2), an inquiry officer for the purpose; and\n(iii) where all the statement of charges have been admitted by the Government employee in his written statement of defence, the punishing authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 7(C);\n(7) If no written statement of defence is submitted by the charged person within the specified period or extended period, if any, allowed by the punishing authority after due consideration, the punishing authority may itself inquiry into the statement of charges or may, if it considers it necessary to do so, appoint under sub-rule (2), inquiry officer for the purpose.\n(8) Where the punishing authority itself inquiries into any articles of charge(s) or appoints an inquiry officer for holding an inquiry into such charge(s), it shall by an order appoint a Government employee or a legal practitioner, to be known as the 'Presenting Officer' to present on its behalf the case in support of the statement of charges.\n(9) The punishing authority shall, where it is not itself the inquiry officer, forward to the inquiry officer-\n(i) a copy of the articles of charge(s) and the statement of the imputation of misconduct or misbehaviour;\n(ii) a copy of written statement of defence, if any submitted by the charged person;\n(iii) a copy of the statement of witnesses, if any, referred to in sub-rule (3);\n(iv) evidence proving the delivery of the documents required to be delivered to the charged person under sub-rule (4);\n(v) a copy of the order appointing the Presenting Officer.\n(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-rule (3);\n(ii) submit a list of witnesses to be examined on his behalf;\n(iii) apply orally or in writing for the supply of copies of the statements, if any recorded, of witness mentioned in the list referred to in sub-rule (3), in which case the inquiring authority shall furnish to him such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the punishing authority; and\n(iv) give a notice within ten days of the order or within such further time not exceeding ten days, as the inquiring authority may allow for the discovery or production of any documents which is in the possession of Government, but not mentioned in the list referred to in sub-rule (3) and the Government employee shall also indicate the relevance of the document required by him to be discovered or produced by the Government.\nNote 1. - Charges need not necessarily be framed in relation only to specific incidents or acts of misconduct. When reports received against an officer or a preliminary enquiry show that his general behaviour has been such as to be unfitting to his position, or that he has failed to reach or maintain a reasonable standard of efficiency he may be charged accordingly, and a finding of such a charge may be valid ground for the infliction of any authorized punishment, which may be considered suitable in the circumstances of the case. It shall be necessary to communicate the charges of misbehaviour or of inefficiency or of both as the case may be, to the officer/official concerned but statement which is to be communicated to the officer/official in support of the charges need not specify particular acts of misconduct. It shall be sufficient in the statement to give the list of the report on the basis of which misbehaviour or inefficiency is alleged.\nNote 1.\nNote 2. - Any person compulsorily retired from service in accordance with the procedure prescribed by this rule shall be granted such compensation, pension gratuity, or Provident Fund benefits as may have been admissible to him had he been discharged from service due to the abolition of his post without any alternative suitable employment being provided, under the rules applicable to his service or post on the date of such retirement.\nNote 2.\n(B) Submission of inquiry report\n(1) After the close of the enquiry, the inquiry officer shall prepare his report which inter-alia indicate the following:-\n(a) statement of charges and the allegations framed against the Government employees;\n(b) his explanation, if any;\n(c) oral and documentary evidence produced in support of the charges;\n(d) oral and documentary evidence led in defence;\n(e) findings on the charges.\n(a) the report prepared by it under rule 7(B)(1);\n(b) the written statement of defence, if any, submitted by the charged person;\n(c) the oral and documentary evidence produced in the course of the inquiry;\n(d) written briefs, if any, filed by the presenting officer or the charged person or both during the course of the inquiry; and\n(e) the orders, if any, made by the punishing authority and the inquiry officer in regard to the inquiry.\n(C) Action on inquiry report\n(1) After the enquiry against a charged person has been completed, the punishing authority shall forward or cause to be forwarded a copy of the enquiry report, and where the punishing authority does not agree with the enquiry report or any part thereof, the reasons for such disagreement shall be communicated alongwith the enquiry report, to the charged person who may submit, if he so desires, a written representation to the punishing authority within a period of one month from the date of such communication.\n(2) The punishing authority shall consider the representation, if any, submitted by the charged person and record its findings before proceeding further in the matter as specified in rule 4.",
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