The Central Civil Services (Classification, Control &Appeal) Rules, 1965
(13)
On receipt of the requisition referred to in sub-rule (12), 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 Government servant 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 Government servant. 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.
(15)
If it shall 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 Government servant or may itself call for new evidence or recall and
re-examine any witness and in such case the Government servant shall be
entitled to have, if he demands it, a copy of the list of further evidence
proposed to be produced and an 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 shall
give the Government servant an opportunity of inspecting such documents before
they are taken on the record. The inquiring authority may also allow the
Government servant to produce new evidence, if it is of the opinion that the
production of such evidence is necessary, in the interests of justice.
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 Government servant
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 Government servant
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 Government servant shall then be produced. The
Government servant may examine himself in his own behalf if he so prefers. The
witnesses produced by the Government servant 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 Government servant closes his case, and
shall, if the Government servant has not examined himself, generally question
him on the circumstances appearing against him in the evidence for the purpose
of enabling the Government servant 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 Government
servant, or permit them to file written briefs of their respective case, if
they so desire.
(20)
If the Government servant 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 rule, the inquiring authority may hold the inquiry ex parte.
(21)(a)
Where a disciplinary authority competent to impose any of the penalties
specified in clause (i) to (iv) of rule 11 (but not competent to impose any of
the penalties specified in clauses (v) to (ix) of rule 11), 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 clauses (v) to (ix) of rule 11 should
be imposed on the Government servant, that authority shall forward the records
of the inquiry to such disciplinary authority as is competent to impose the
last mentioned penalties.
(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 Government servant such penalty as it may deem fit in accordance with these
rules.
(22)
Whenever any inquiring 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 inquiring authority is of the opinion that further
examination of any of the witnesses whose evidence has already been recorded is
necessary in the interests 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 Government servant 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 its findings on such article of charge:
Provided
that the findings on such article of charge shall not be recorded unless the
Government servant has either admitted the facts on which such article of
charge is based or has had a reasonable opportunity of defending himself
against 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 clause (i).
(b)
the written statement of defence, if any, submitted by the Government servant;
(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 Government
servant 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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