GOVERNMENT OF MYSORE
Chief Secretariat
(GENERAL ADMINISTRATION DEPARTMENT)
No.GAD 171 SSR 63, dated 2nd Feb. 1966
OFFICIAL MEMORANDUM
Sub :- Departmental enquiries under Rule 14 of the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957. Issues Clarifications reg.-
Chief Secretariat
(GENERAL ADMINISTRATION DEPARTMENT)
No.GAD 171 SSR 63, dated 2nd Feb. 1966
OFFICIAL MEMORANDUM
Sub :- Departmental enquiries under Rule 14 of the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957. Issues Clarifications reg.-
Rule 14 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, (as amended by Notification No.GAD 62 SSR 65, dated 21st August 1965), provided that, where an officer against whom a departmental enquiry is initiated has absconded, or where such officer does not take part in the inquiry or where for any reasons to be recorded in writing, it is impracticable to communicate with him, or where the Disciplinary Authority, for reasons to be recorded in writing, is satisfied that it is not reasonably practicable to follow the procedure prescribed in the said rules, the Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit.
2. The circumstances in which an inquiry can be proceeded within the absence of an accused person are clearly laid down in the rule itself. However, as it is necessary in all such cases to ensure that no irregularity in the procedure occurs which may vitiate the orders passed, the following clarifications are hereby issued for the information of all the Disciplinary and Inquiring Authorities:-
(a) The Disciplinary Authority should satisfy himself that there are circumstances warranting an ex-parte inquiry and pass an order in that behalf:
(b) Thereafter the Inquiring Authority should bring on record the evidence in support of the charge or charges and record his findings and submit his report to the Disciplinary Authority;
(c) The Disciplinary Authority shall consider the record of such enquiry and after satisfying himself that the charge or charges are proved, pass further orders.
sd/-
K.Balachandran,
Chief Secretary to Government.
2. The circumstances in which an inquiry can be proceeded within the absence of an accused person are clearly laid down in the rule itself. However, as it is necessary in all such cases to ensure that no irregularity in the procedure occurs which may vitiate the orders passed, the following clarifications are hereby issued for the information of all the Disciplinary and Inquiring Authorities:-
(a) The Disciplinary Authority should satisfy himself that there are circumstances warranting an ex-parte inquiry and pass an order in that behalf:
(b) Thereafter the Inquiring Authority should bring on record the evidence in support of the charge or charges and record his findings and submit his report to the Disciplinary Authority;
(c) The Disciplinary Authority shall consider the record of such enquiry and after satisfying himself that the charge or charges are proved, pass further orders.
sd/-
K.Balachandran,
Chief Secretary to Government.
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