31. Inquiry is mandatory if charge is not accepted by the GS. Disciplinary proceedings initiated under Rule-14 cannot be closed by imposing one of the minor penalties after due consideration of the written statement of defence.
32. In ex parte proceedings, the entire process of the inquiry has to be gone through. The notices of all hearings should be served on the accused unless the first notice says that the inquiry will continue from day to day. The notices to witnesses should be sent, the documentary evidence should be produced and marked, the PO should examine the prosecution witnesses, etc. The IA should record the reasons why he has decided to hold an ex parte inquiry, as also what steps he has taken to make the GS participate in the inquiry.
33. An ex parte inquiry is justified when the GS remains absent without any authority. In such a case, the GS should not be placed under suspension. If the GS is under suspension, and he disappears and cannot be contacted at his last known address, the suspension order should be revoked, and ex parte inquiry ordered.
34. The IA should be senior in rank to the accused GS.
35. An official who may have to appear as a witness in the disciplinary case is debarred from functioning as the Presenting Officer or Inquiring Officer (IO).
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