18. Departmental Enquiry

202. The case with the circumstances mentioned under are exempted from applying the provisions contained in rules 194 to 201 concerning the formation of the Departmental Enquiry Board, framing the charge and holding verbal hearing by keeping a record of the reasons:
(a) the service personnel who is taken action is absconding;
(b) the service personnel who is taken action cannot be contacted;
(c) the service personnel who is taken action fails or refuses to be enquired without any sufficient reasons;
(d) it is difficult to apply any provisions regarding departmental enquiry on account of the extraordinary nature or circumstances of the case.

203. After the completion of the departmental enquiry, the Departmental Enquiry Board shall prepare the report as prescribed in Form (9) containing the summary of the case, charge, findings, remarks and recommendations to the head who has formed the Departmental Enquiry Board. The order of formation of the Departmental Enquiry Board, daily activity of the board, charge sheet, written statement, statements of witnesses and the documents relating to the enquiry shall be included in the case file of the departmental enquiry.

204. The board comprising three members shall be formed to scrutinize and make decision the report of the Departmental Enquiry Board. The head who has assigned to hold departmental enquiry shall perform as the chairperson of the said board. After scrutinizing the report, the board:
(a) may instruct the Departmental Enquiry Board to make further enquiry for the facts which are still necessary if it is considered that their findings are still insufficient;
(b) may form and assign a new Departmental Enquiry Board to hold the enquiry again if it is found that there was no justice due to the wrong procedures conducted by the Departmental Enquiry Board;
(c) shall close the case if the service personnel who is taken action is found innocent;
(d) if the service personnel who is taken action is found guilty, the penalty to be imposed in accord with the rule 212 as mentioned under:
(i) if the penalty to be imposed is under the authority of board which may decide the Departmental Enquiry Board, the decision shall be made in the relevant case file by describing what kind of penalty is imposed;
(ii) if the penalty to be imposed is necessary to be submitted to the superior authority, the board shall state the recommendation and submit it to authority concerned together with the case file.

205. In the decision of the departmental enquiry:
(a) it shall be stated that the service personnel is innocent and the closure of the case is closed if the service personnel who is taken action is found to be innocent.
(b) if the service personnel who is taken action is found guilty:
(i) it shall be stated for which charge he is guilty;
(ii) it shall be stated if the previous conviction has been taken into consideration;
(iii) it shall be stated which penalty is imposed;
(iv) it may be imposed one or more penalties for each charge;
(c) if the penalty is the one which is needed to specify the period or pay, it shall be stated in accordance with the provisions of rule 212;
(d) in the case where the service personnel who is taken action has been put under temporary suspension and if it is necessary to exempt from such temporary suspension, it shall be stated that the pay, allowance and duty hours to be allowed under sub-rule (a)of rule 68 or sub-rule (b) of rule 68.

206. The relevant service personnel organization shall issue the decision of the departmental enquiry and send it to the service personnel. In the order, it shall be stated that an appeal may be submitted within six months from the date of the receipt of the order as prescribed in Form 12 if the said service personnel is dissatisfied with such order.

207. The departmental enquiry shall be completed without delay for effective maintenance of disciplines and to avoid deficiency in performing departmental task. The head who has formed the Departmental Enquiry Board shall specify the period to enquire. Such period shall not exceed one year in any case. If the departmental enquiry cannot be completed within such specified period, the chairperson of the Departmental Enquiry Board shall seek the approval of the relevant head to extend the period one week in advance.

208. On request for extension of enquiry with sufficient reasons, the head who has formed Preliminary Enquiry Board or Departmental Enquiry Board shall extend the period as appropriate in extraordinary circumstances. The enquiry shall be completed within such extended period. No more extension is permissible after that.