နည်းဥပဒေ၁၉၈

198. On receipt of the written statement from the service personnel who is taken action, the Departmental Enquiry Board:
(a) shall prepare the report of the board as prescribed in Form (9) and submit it together with the case file to the concerned authority without holding the verbal hearing when the service personnel make an explanation that he is not guilty of the offence mentioned in the charge sheet and if the board considered as the explanation is satisfactory and acceptable. The report shall contain the findings, remarks and recommendations of the board;
(b) shall prepare a report containing the opinion about the penalty which should be imposed on the service personnel as prescribed in Form (9) and submit it together with the case file to the concerned authority without holding verbal hearing, when the service personnel admits his guilt and if the board considered that it is unnecessary to find out any other fact concerning the case;
(c) may proceed verbal hearing when the service personnel does not admit his guilt or even though he admits, the Departmental Enquiry Board thinks that there are still some facts concerning the case to find out or the explanation given by the service personnel is not satisfactory;
(d) may hold verbal hearing when the service personnel states in his written statement of his desire to be enquired in the verbal hearing or when the Departmental Enquiry Board thinks that the verbal hearing needs to be held to find out more facts to make a decision even though he has no desire to be enquired in verbal hearing;
(e) in respect of the objection of the service personnel to the Departmental Enquiry Board:
(i) if the objection is to one of the members of the board, the chairperson and the other member shall scrutinize whether the objection is reasonable or not.
(ii) when scrutinizing the objection under the sub-rule (a) (i) and the Departmental Enquiry Board thinks that it is not reasonable, the board shall submit it to the authority who has formed the board and that authority confirms that it is not reasonable it shall be recorded in the case file and the verbal hearing may be proceeded;
(iii) if the objection is to the chairperson of the board or to both of the members or to the whole board, that objection shall be submitted to the authority who has formed the board to consider it.