Action on the inquiry report:
"21 (1) The disciplinary authority, if it is not itself the inquiring authority
may, for reasons to be recorded by it in writing, remit the case to the
inquiring authority for further inquiry and report and the inquiring
authority shall thereupon proceed to hold the further inquiry
according to the provisions of rule 20 as far as may be.
(2) The disciplinary authority shall forward or cause to be forwarded a
copy of the report of the inquiry, if any, held by the disciplinary
authority or where the disciplinary authority is not the inquiring
authority a copy of the report of the inquiring authority together with
its own tentative reasons for disagreement, if any, with the findings
of inquiring authority on any article of charge to the Government
servant who shall be required to submit, if he so desires, his written
representation or submission to the disciplinary authority within
fifteen days, irrespective of whether the report is favorable or not to
the Government servant.
(3) The disciplinary authority shall consider the representation, if any,
submitted by the Govt. servant and record its findings before
proceeding further in the matter as specified in the subrules (4) and
(5) below:
(4) If the disciplinary authority having regard to its findings on all or any
of the articles of charge is of the opinion that any of the penalties
specified in clauses (i) to (v) of Rule 9, should be imposed on the
Government servant, it shall, notwithstanding anything contained in
Rule 22, make an order imposing such penalty:
Provided that in every case where it is necessary to consult the
Commission, the record of the inquiry shall be forwarded by the
disciplinary authority to the Commission for its advice and such advice
shall be taken into consideration before making any order imposing any
penalty on the Government servant.
(5) If the disciplinary authority having regard to its findings on all or any
of the articles of charge and on the basis of the evidence adduced
during the inquiry is of the opinion that any of the penalties specified
in clauses (vi) to (x) of Rule 9 should be imposed on the
Government servant, it shall make an order imposing such penalty
and it shall not be necessary to give the Govt. servant any
opportunity of making representation on the penalty proposed to be
imposed:
Provided that in every case where it is necessary to consult the
Commission, the record of the inquiry shall be forwarded by the
disciplinary authority to the Commission for its advice and such advice
shall be taken into consideration before making an order imposing any
such penalty on the Govt. servant".
(G.O. Ms. No. 22, G.A.(Ser.C) Dept., dt: 30.1.2004)
"21 (1) The disciplinary authority, if it is not itself the inquiring authority
may, for reasons to be recorded by it in writing, remit the case to the
inquiring authority for further inquiry and report and the inquiring
authority shall thereupon proceed to hold the further inquiry
according to the provisions of rule 20 as far as may be.
(2) The disciplinary authority shall forward or cause to be forwarded a
copy of the report of the inquiry, if any, held by the disciplinary
authority or where the disciplinary authority is not the inquiring
authority a copy of the report of the inquiring authority together with
its own tentative reasons for disagreement, if any, with the findings
of inquiring authority on any article of charge to the Government
servant who shall be required to submit, if he so desires, his written
representation or submission to the disciplinary authority within
fifteen days, irrespective of whether the report is favorable or not to
the Government servant.
(3) The disciplinary authority shall consider the representation, if any,
submitted by the Govt. servant and record its findings before
proceeding further in the matter as specified in the subrules (4) and
(5) below:
(4) If the disciplinary authority having regard to its findings on all or any
of the articles of charge is of the opinion that any of the penalties
specified in clauses (i) to (v) of Rule 9, should be imposed on the
Government servant, it shall, notwithstanding anything contained in
Rule 22, make an order imposing such penalty:
Provided that in every case where it is necessary to consult the
Commission, the record of the inquiry shall be forwarded by the
disciplinary authority to the Commission for its advice and such advice
shall be taken into consideration before making any order imposing any
penalty on the Government servant.
(5) If the disciplinary authority having regard to its findings on all or any
of the articles of charge and on the basis of the evidence adduced
during the inquiry is of the opinion that any of the penalties specified
in clauses (vi) to (x) of Rule 9 should be imposed on the
Government servant, it shall make an order imposing such penalty
and it shall not be necessary to give the Govt. servant any
opportunity of making representation on the penalty proposed to be
imposed:
Provided that in every case where it is necessary to consult the
Commission, the record of the inquiry shall be forwarded by the
disciplinary authority to the Commission for its advice and such advice
shall be taken into consideration before making an order imposing any
such penalty on the Govt. servant".
(G.O. Ms. No. 22, G.A.(Ser.C) Dept., dt: 30.1.2004)