No order imposing any of the penalties specified in clause (v) to (ix) of Rule 11 shall be made except after an inquiry held, as far as may be, in the manner provided under this Rule and Rule No.15, or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850) where such inquiry is held under the Act.

Whenever the disciplinary authority is of the opinion that are grounds for inquiring into the truth of any imputation or misbehaviour against a Government Servant, it may itself inquire into, or appoint under this Rule or under the Provisions of Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth other of.

Explanation - When the disciplinary authority, itself holds the inquiry, any reference to sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the disciplinary authority.

Where it is proposed to hold an inquiry against a government servant under this Rule and Rule No.15, the disciplinary authority shall draw up or cause to draw up:-

1. the substance of imputations of misconduct or misbehaviour into definite and distinct articles of charge;

2. a statement of imputation of misconduct or misbehaviour in support of each article of charge, which shall contain-

   1. statement of all relevant facts including any admission or confession made by the Government Servant;

   2. a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.

The disciplinary authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of imputations of misconduct or misbehaviour and a list of documents and witnesses by which each articles of charges is proposed to be sustained and shall require the Government Servant to submit, within such time as may be specified, a written statement of defence and state whether he desires to be heard in person.

1. On receipt of such written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as not admitted, or, if it considered it necessary to do so, appoint under sub-rue (2), an inquiry authority for the purpose, and where all the articles of charge have been admitted by the Government servant 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 Rule 15

2. If no written statement of defence is submitted by the Government servant the disciplinary authority may itself inquire into the articles of charge, or may if it considers it necessary to do so, appoint, under sub-rule (2) an inquiring authority for the purpose

3. Where the disciplinary authority itself inquiries into any articles of charge or appoints an inquiring authority for holding an inquiry into such charge, it may by order appoint a Government Servant or a legal practitioner, to be known as "Presenting Officer" to present on its behalf the case in support of the articles of charge

The disciplinary authority shall, where it is not the inquiring authority, forwwrd to the inquiring authority-

1. A copy of the articles of charge and the statement of imputations of misconduct or misbehaviour;

2. A copy of the written statement of the defence, if any, submitted by the Government Servant;

3. A copy of the statement of witnesses, if any, referred to in sub-rule(3);

4. Evidence proving delivery of the documents referred to in sub-rule (34) to the Government Servant; and

5. A copy of the order appointing the "Presenting Officer".

The Government Servant 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 articles of charge and the statement of imputations of misconduct or misbehaviour, as the inquiring authority may be notice in writing, in this behalf, or within such further time, not exceeding ten days, as the inquiring authority may allow.

1. The Government Servant may take the assistance of any other Government Servant posted at his headquarters or at the place where the inquiry is held 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:

Provided that the Government Servant may take the assistance of any other Government servant posted at any other station, if the inquiry authority having regard to the circumstances of the case, and for reasons to be recorded in writing so permits.

Note- The Government Servant shall not take the assistance of any other Government Servant who has two pending disciplinary cases on hand in which he has to give assistance.

2. The government servant may also take the assistance of a retired Government servant to present the case on his behalf, subject to such conditions as may be specified by the President from time to time by general or special order in this behalf.

If the Government Servant 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 Government Servant thereon.

The inquiring authority, shall return a finding of guilt in respect of those articles of charge to which the Government Servant pleads guilty.

The inquiring authority shall, if the Government servant fails to appear within the specified time or refuses 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 Government servant may for the purpose of preparing his defence-

1. inspect within 5 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);

2. Submit a list of witnesses to be examined on his behalf;

Note- If the Government servant applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority shall furnish him such copies as early as possible and in any case not later than three days before commencement of the examination of the witnesses on behalf of the disciplinary authority.

3. Give 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 Government but not mentioned in the list referred to in sub-rule (3)

Note- The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government

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 documents 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.

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 reason to be recorded by it in writing that the production of all ore any of such documents would be against public interest or security of State, it shall inform the inquiring authority 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 documents

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 witness 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 witness on any points on which thy 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 witness as it thins fit.

If it shall appear necessary before the close of the case on behalf of the discipline 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 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 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 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.

When the case of 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.

The evidence on behalf of the Government servant shall then be produced. The Government servant may examine himself on his own behalf if he so prefers. The witness 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.

The inquiring authority may, after the Government servant closes his case, 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

The inquiring authority may, after completion of the production of evidence, hear the presenting officer, if any, appointed, and the Government servant, or permit them to file briefs of their respective cases, if they so desire.

If the Government servant to whom a copy of the articles of charge has been delivered, does not submit a written statement of defence on or before the date specified for the purpose or does 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.

1. 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 penalties specified in clause (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, it is of the opinion that the penalties specified in clause (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.

2. 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 witnesses and may impose on the Government servant such penalty as it may deem fit in accordance with these rules.

Whenever any inquiring authority 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 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 herein before provided.

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

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

   2. (b) the defence of the Government servant in respect of each article of charge;

   3. (c) an assessment of the evidence in respect of each article of charge and reasons therefor.

Explanation-If in the opinion of the inquiring authority the proceedings of the inquiry establish any articles of charge different from the original articles of the charge, it may record its findings on such articles of charge:

Provided that the findings on such articles of charge shall not be recorded unless the Government servant has either admitted the facts on which such articles of charge is based or has a had a reasonable opportunity of defending himself against such article of charge.

2. The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include-

   1. the report prepared by it under clause (i);

   2. the written statement of defence, if any, submitted by the government servant;

   3. the oral and documentary evidence produced in the course of the inquiry;

   4. written briefs, if any, filed by the Presenting Officer or the Government servant or both during the course of the inquiry; and

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