41. If the case is distinct that the services personnel is guilty, it may pass suitable penalty relating to services personnel without holding departmental inquiry.
Union Civil Service Board
Union Civil Service Board
Civil Service Personnel Law and Rules, Civil Service Affairs
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41. If the case is distinct that the services personnel is guilty, it may pass suitable penalty relating to services personnel without holding departmental inquiry.
42. In taking departmental action upon a civil services personnel, such services personnel may be suspended from duty service during holding preliminary inquiry or hearing of departmental inquiry. The services personnel suspended from duty shall be entitled to enjoy the maintenance for living and other allowances in accord with the stipulations.
43. In holding preliminary inquiry, due to necessity, upon the services personnel:
(a) the Head of Services Personnel Organization shall issue the order of forming the Preliminary Inquiry Board based on the rank of services personnel who is held preliminary inquiry and prescribe the duties, powers and term of the Preliminary Inquiry Board in such order.
(b) the Preliminary Inquiry Board shall open the preliminary inquiry proceeding systematically and record the documents, statements of witnesses and other documents related to the action.
(c) the Preliminary Inquiry Board shall submit the report including finding on inquiry, remark and recommendation to the relevant head who formed such board.
44. The services personnel who is inquired shall be given the right to defend and the witnesses shall be examined in his presence and the right of cross-examination shall also be given.
Holding Departmental Inquiry
45. If it is necessary to hold departmental inquiry according to the findings of the preliminary inquiry, it shall be recommended and submitted to the responsible person for enabling to inquire soon.
46. In holding inquiry upon services personnel, the Head of Services Personnel Organization shall issue the order of forming the Departmental Inquiry Board based on the rank of the services personnel who is held departmental inquiry and prescribe the duty, function and term of the Departmental Inquiry Board.
47. The civil services personnel may object the chairman and any member of the Departmental Inquiry Board.
48. The Departmental Inquiry Board shall:
(a) open the departmental inquiry proceeding systematically and record the documents, statements of witnesses, other documents and findings of inquiry related to action.
(b) charge first to the services personnel who is held departmental inquiry and send a statement of allegations to the services personnel and give sufficient period and right to submit the written statement of defence;
(c) examine the witnesses systematically and record the statements of witnesses when receiving the written statement of defence. If the services personnel who is held departmental inquiry desires to defend in person, it shall be allowed. When the services personnel defends in person as such, a lawyer or any person may be allowed to assist him if the services personnel requests;
(d) submit the report of findings of the inquiry to the Head of Services Personnel Organization;
(e) mention the summary of the case, charge, findings, remark and recommendation of the Departmental Inquiry Board in the report of the Departmental Inquiry Board.
49. The relevant Head of Services Organization shall pass order and issue the written order in respect of departmental inquiry and send to the relevant services personnel. It shall be mentioned in the written order that an application of appeal may be filed to the Head of relevant Ministry within six months from receiving the date of the written order if not satisfied with such order.
50. The order passed in respect of departmental inquiry upon services personnel appointed in the Services Personnel Organizations of Region or State under section 4 shall be issued the written order and sent to the relevant Ministry and services personnel by the relevant Head of Services Organization. It shall be mentioned in the written order that an application of appeal may be filed to the Head of the relevant Ministry within six months from the receiving date of the written order if not satisfied with such order.
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