PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans Part 3

In this Chapter of PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans Part 3. Here are Important Questions Answers of this Chapters.

Notes of PB CSR Vol 1 Part 2

PUNISHMENT AND APPEAL RULES 1970

(Part 3)

Ques 142. Before starting an enquiry of misconduct against an employee what documents are required to be drawn up by the Punishing Authority?

Ans 142. Under rule 8(3) of the Punjab Civil services (Punishment & Appeal) Rules, 1970,the Punishing Authority is required to draw up the following documents before starting an enquiry against an employee:-

1) The substance of imputations of Misconduct or mis behaviour.

 2) A statement of imputations of misconduct or mis behaviour in support of each articles;

3) A list of documents on which articles of charges are to be sustained:

4) A list of witnesses.

Ques 143. What action is required to be taken by the Punishing Authority before starting regular enquiry against an employee?

Ans 143. 1) Under rale 8(4) of the Punjab Civil services (Punishment & Appral) Rules, 1970, the Punishing Authorits is required to deliver a copy of articles of charges:

2) a declaration of allegations of misconduct or improper behaviour

3) A list of documents, and

4) A list of witnesses by which each article of charge is to be sustained and required the employee to submit a written statement of his defence.

Ques 144. A Government employee admitted all the articles of charges against him in his written statement of his defence. Please state whether regular enquiry is still required in such circumstances or Punishing Authority can decide the case without holding regular enquiry?

Ans 144. Under rule 8(5)(a) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Punishing Authority shall record its findings on each charge taking into consideration, such evidence as it may think fit as pass orders, accordingly without holding regular enquiry.

Ques 145. A Government employee has not submitted the written statement of his defence in reply to charges for misconduct levelled against him please state whether the Punishing Authority can appoint Inquiry Officer and get the enquiry started in such circumstances?

Ans 145. Under rule 8(5)(b) of the Punjab Civil services (Punishment & Appeal) Rules, 1970 the Punishing Authority can appoint Inquiry Officer in such circumstances.

Ques 146. By whom the Presenting Officer is appointed in an enquiry and what duties are performed by him?

Ans 146. Under rule 8(5)(b) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, Presenting Officer is appointed by the Punishing Authority to present on its behalf the case in support of the articles of charge before the Inquiry Officer. He works just an advocate of the Punishing Authority.

Ques 147. What documents are required to be forwarded by the Punishing Authority to the Inquiry Officer for starting the departmental enquiry?

Ans 147. Vide rule 8(6) of the Punjab Civil services (Punishment & Appeal) Rules, 1970 the Punishing Authority is required to forward the following documents to the Inquiry Officer: –

1. a copy of the charges and the list of allegations of wrongdoing or misbehaviour.

2 A copy of written statement of defence, if any submitted by the employee.

3. A copy of statement of witnesses.

4. Evidence of delivery of documents to the employee. 5. A copy of the order of Presenting Officer.

Ques 148. Please state the period in which a Govt. employee against whom departmental enquiry is being made is required to appear before the Inquiry Officer. Comments?

Ans 148. According to rule 8(7) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Govt. employee shall appear in person before the Inquiry Officer within 10 working days from the date of receipt by him the article of charge and appointment of Inquiry Officer.

Ques 149. A Govt. employee requested the Inquiry Officer to allow him to engage an Advocate to present the case on his behalf. Can his request be accepted?

Ans 149. Under rule 8(8) of the Punjab Civil services (Punishment & Appeal) Rules, 1970 the request of the employee cannot be entertained unless the presenting official is a legal practitioner.

Ques 150. A Govt, employee requested to the Inquiry officer that his case will be presented by an other law graduate employee. The Inquiry Officer accepted the request. Please Comment?

Ans 150. The action of the Inquiry officer is in accordance with the provisions of the rule 8(8) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, vide which another law graduate employee can present the case on behalf of the employee.

Ques 151. The Punishing Authority considering the circumstances of the case accepted the request of the employee to engage a lawyer to present his case before the Inquiry Officer. Please comment?

Ans 151. Under rule 8(8) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, Punishing Authority having regard to the circumstances of the case can allow the employee to engage a representative to explain his case to the investigating officer. As such, the action of the Punishing Authority is in order.

Ques 152. A Govt. employee who has not submitted any written statement of defence appeared before the Inquiry Officer and admitted some of the charges. The Inquiry Officer recorded his statement and returned the findings in respect of those charges to the Punishing Authority. Comments?

Ans 152. Vide rule 8(9) and (10) of the Punjab Civil services (Punishment & Appeal Rules, 1970, the Inquiry Officer can sent his findings to the Punishing Authority in respect of the charges admitted by the employee.

Ques 153. A Govt. employee against whom an enquiry is instituted failed to appear with in the specified time before the Inquiry Officer. How the Inquiry Officer may proceed further to complete the enquiry in such circumstances?

Ans 153. Under rule 8(11) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Inquiry Officer shall require the Presenting Officer to produce the evidence by which he proposed to prove the article of charge and adjourn the case to a latter date not exceeding 30 days and require the employee to inspect the record and submit the list of witnesses etc so that enquiry is completed.

Ques 154. A Govt. employee requested the Inquiry Officer to supply a statement of witnesses. Can his request is acceptable or under the rules?

Ans 154. Vide note below rule 8(11) (2) of the Punjab Civil services (Punishment &Appeal) Rules, 1970, the Inquiry Officer can accept the request of the employee and supply the copies of statement of witnesses.

Ques 155.  A Govt. employee requested the Inquiry Officer to supply him copies of some documents required in the case. The Inquiry Officer turned down the request as in his opinion the documents asked for are not relevant to the case. Comment.

Ans 155. The action of the Inquiry Officer is in accordance with the provisions of the proviso to rule 8(12) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, vide which he can decline such a request.

Ques 156. On the request of a Govt. employee the Inquiry Officer asked the Punishing Authority to produce some documents. He is having the possession of the documents is of the view that the production of such documents will be against the public interest or security of state and informed the Inquiry Officer accordingly. Is it obligatory for the Inquiry Officer to inform the employee in this regard?

Ans 156. As per the proviso to rule 8(13) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Inquiry Officer is required to inform the Govt employee to withdraw the requisition made by him for such documents.

Ques 157. The witness in an enquiry was examined by the Presenting Officer Cross examined by the Govt. employee The Inquiry Officer also put some questions to the witnesses. Is it in accordance with the rules?

Ans 157. As per proviso to rule 8(14) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Presenting Officer the employee and the Inquiry Officer can put questions to the witnesses as they may think fit.

Ques 158. During the course of an enquiry the Presenting Officer requested the Inquiry Officer to allow him to produce some new evidence not included in the list given to the Govt. employee. Please state whether the Inquiry Officer can accept the request of the Presenting Officer?  

Ans 158. Under rule 8(14) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Inquiry Officer has the discretion to allow the Presenting Officer to produce new evidence which was not included in the list given to the employee.

Ques 159. Inquiry Officer allowed the Govt. employee to produce new evidence as in his opinion the production of new evidence is necessary in the interest of justice. Comments.

OR

Can the Inquiry Officer allow the Govt. employee to produce new evidence in the enquiry?

Ans 159. Under rule 8(15) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Inquiry Officer can allow the Govt. employee to produce new evidence if he considered it necessary in the interest of justice.

Ques 160. The Inquiry Officer after completion of the production of the evidence heard the Presenting Officer and the employee and permitted to file written brief of their respective cases. Please comment?

Ans 160. The action of the Inquiry Officer is in accordance with the provisions of the proviso to rule 8(19) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, vide which Inquiry Officer can allow the Presenting Officer and employee to file written brief of their respective cases.

PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans (Part 1)

PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans (Part 2)

PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans (Part 4)

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