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Section 11 – Coir Board Services (Classification, Control And Appeal) Bye-Laws,1969

Coir Board Services (Classification, Control And Appeal) Bye-Laws,1969

11. Procedure for imposing major penalties.

(1) No order imposing any of the penalties specified in Cls. (v) to (ix) of bye-law 8 shall be made except after an enquiry held, as far as may be in the manner hereinafter provided.

(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of any misconduct or misbehaviour against a Board’s employee, it may itself inquire into or appoint an authority to inquire into the truth thereof.

Explanation.

Where the disciplinary authority itself holds the inquiry, any reference to the inquiring authority shall be construed as a reference to the disciplinary authority.

(3) Where it is proposed to hold an inquiry against a Board’s employee under this bye-law and bye-law 12, the disciplinary authority shall draw up or cause to be drawn up

(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge,

(ii) a statement of the imputation of misconduct or misbehaviour in support of each article, of charge which shall contain a statement of all relevant facts including any admission or confession made by the Board’s employee, and a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.

(4)The disciplinary authority shall deliver or cause to be delivered to the Board’s employee, a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained, and shall require the Board’s employee to submit, within such time (not less than ten days) as may be specified, a written statement of his defence and to state whether he desires to be heard in person.

(5)

(a) On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as are not admitted, or if it considers it necessary so to do, appoint under Cl. (2) an inquiring authority for the purpose and where all the articles of charge have been admitted by the Board’s employee in his written statement of defence, the disciplinary 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 bye-law 12.

(b) If no written statement of defence is submitted by the Board’s employee, the disciplinary authority may inquire into the articles of charge or may, if it considers it necessary to do so, appoint under Cl. (2), an inquiring authority for the purpose.

(c) Where the disciplinary authority itself inquire into any article of charge or appoints an inquiring authority for holding an inquiry into such charge, it may, by an order, appoint a Board’s employee or a legal practitioner to be known as the “Presenting Officer” to present on its behalf the case in support of the articles of charge.

(6) The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority

(i) a copy of the articles of charge and a statement of the imputations of misconduct or misbehaviour;

(ii) a copy of the written statement of defence, if any, submitted by the Board’s employee;

(iii) a copy of the statement of witnesses, if any;

(iv) evidence proving the delivery of the documents referred to in Cl. (3) to the Board’s employee; and

(v) a copy of the order appointing the “Presenting Officer”.

(7) The Board’s employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the art
icles of charge and the
statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time, not exceeding ten days as the inquiring authority may allow.

(8) The Board’s employee may take the assistance of any other Board’s employee to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority, having regard to the circumstances of the case, so permits.

(9) If the Board’s employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the Board’s employees thereon.

(10) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the Board’s employee pleads guilty.

(11) The inquiring authority shall, if the Board’s employee fails to appear within the specified time orrefuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Board’s employee may, for the purpose of preparing his defence

(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, if any;

(ii) submit a list of witnesses to be examined on his behalf.

(iii) 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 are in the possession of the Board.

Note.The Board’s employee shall indicate the relevance of the documents required by him to be discovered or produced by the Board.^

(12) The inquiring authority shall, on receipt of the notice for the 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 document 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.

(13) On receipt of the requisition referred to in Cl. (12), the Board or any authority under it 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 the security of the State, it shall inform the enquiring authority, accordingly and the enquiring authority shall, on being so informed and satisfied about the genuineness of the reasons recorded for the non-production of the aforesaid documents, communicate the information to the Board’s employee and withdraw the requisition made by it for the production or discovery of such documents.

(14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf’of the B
oard’s employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit. Where any new matter has been introduced with the leave of the enquiring authority, the witness can be cross-examined on that matter.

(15) If it still appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Board’s employee or may itself call for new evidence or recall and re-examine any witness and in such case the Board’s employee shall be entitled ^to have, if he demands it, a copy of the list of further evidence proposed to be produced and on adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority may also allow the Board’s employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interests of justice. Where a witness has been recalled and re-examined, the Board’s employee will have the right to further cross-examine him on the points brought out during the re-examination.

Note.New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.

(16) When the case for the disciplinary authority is closed, the Board’s employee shall be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the Board’s employee shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.

(17) The evidence on behalf of the Board’s employee shall then be produced. The Board’s employee may examine himself in his own behalf if he so prefers. The witnesses produced by the Board’s employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority.

(18) The inquiring authority may, after the Board’s employee closes his case, and shall, if the Board’s employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Board’s employee to explain any circumstances appearing in the evidence against him.

(19) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, appointed, and the Board’s employee, or permit them to file written briefs of their respective case, if they so desire.

(20) If the Board’s employee to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this bye-law, the inquiring authority may hold the inquiry ex-pane.

(21)

(a) Where a disciplinary authority competent to impose any of the penalties specified in bye-law 8 has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in Cls. (v) to (ix) of bye-law 8 should be imposed on the Board’s
employees, that authority unless it is competent to impose such of the penalties shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties, according to the Schedule.

(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witness and examine, cross-examine and re-examine the witness and may impose on the Board’s employee such penalty as it may deem fit in accordance with these bye-laws.

(22) Whenever any inquiry authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:

Provided that if the succeeding inquiry authority is of the opinion that further examination of any of file witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.

(23)

(i) After the conclusion of the inquiry, a report shall be prepared and it shall contain

(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;

(b)the defence of the Board’s employee in respect of each article of charge;

(c)an assessment of the evidence in respect of each article of charge;

(d)the findings on each article of charge and the reasons therefor.

Explanation.

If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record his findings on such article of charge.

(ii) The inquiring authority where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include

(a)the report prepared by it under sub-clause (i);

(b)the written statement of defence, if any, submitted by the Board’s employee;

(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 Board’s employee or both during the course of the inquiry; and

(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.

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Coir Board Services (Classification, Control And Appeal) Bye-Laws,1969

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