Panchayat:Repo18/Law Manual Page0601

From Panchayatwiki
Jump to navigation Jump to search
Provided that on urgent occasions, notice may be issued subject to ratification of the Panchayat
(2) The grounds proposed for initiating disciplinary action against the concerned officer shall be clearly shown in the notice issued under sub-rule (1) and after the receipt of notice not less than seven days time shall be allowed to furnish reply.
Note:- Vague statements shall be avoided in the notice, for example, a general statement in the nature of “not complied with the direction of President or Panchayat" shall not be a ground intended to initiate disciplinary action, instead of it shall be specifically stated that what direction in which circumstances has not been complied with.
(3) The President shall submit, the explanation, if any, received from the officer, within the specified time to the notice under sub-rule (1) and if no explanation is received, his report regarding the same for the consideration of the Panchayat. In case of an officer other than Secretary, along with the explanation the opinion of the Secretary or head of office, thereof, shall also be submitted by the President for the consideration of the Panchayat.
(4) After considering the explanation or the report mentioned under sub-rule (3) the Panchayat may decide whether the disciplinary action against the concerned officer is to be dropped or continued.
(5) In case whether the Panchayat decides to initiate disciplinary action against an officer under sub-rule (4) a memo of specific charges along with a statement of allegations based on charge or charges shall be issued to him and he shall be required therein to furnish written statement within fifteen days. The memo of charges shall be issued by the President in the case of Secretary and by the Secretary in the case of an officer other than the Secretary under the orders of the President.
(6) Memo of charges shall be in the model form appended to these rules and shall be signed by the President or the Secretary, as the case may be.
(7) Memo of charges shall be precise and in clear language and the date and time of occurrence of the incident wherever applicable shall be included therein.
(8) While issuing of orders regarding disciplinary action, in the statement of allegations on which each charge is based, shall also refer to any other circumstance which is proposed to be considered.
(9) A list of documents relied upon in framing the charges shall be listed out at the end of the statement of allegations.
(10) Two copies of the memo of charges and statement of allegation shall be issued to the concerned officer and one copy shall be got back with his dated signature and kept in the file.
(11) If no written statement is received within the period specified in the memo of charges, no reminder shall be issued to the concerned officer, and shall continue with further proceedings on the presumption that there is no written statement to be filed. Provided that in the case of application received for, extension of period, if the President is satisfied that reasons stated in the application are acceptable, such period may be extended to a period not exceeding fifteen days.
(12) If at any stage of the further proceeding the Officer applies for the perusal and obtaining the copy of any document referred to in the list appended to the statement of allegations he may be allowed to perusal and obtain, copy of the documents if the President considers that such permission is not against public interest in due supervision.
6. Examination of written statement. — (1) The President shall submit the written statement if any, received within the stipulated time from the officer to the memo of charges issued to him under sub-rule (5) of Rule 5 and if no written statement is received, his report regarding the