In this Chapter of PUNJAB CIVIL SERVICES PUNISHMENT AND APPEAL RULES 1970 Ques Ans Part 4. Here are Important Questions Answers of this Chapters.
Notes of PB CSR Vol 1 Part 2
PUNISHMENT AND APPEAL RULES 1970
Ques 161. A Govt. employee to whom a copy of the charges was delivered has neither submitted his written statement of defence nor appeared before the Inquiry Officer on the specified dates. How the Inquiry Officer may proceed in such circumstances?
Ans 161. Under rule 8(20) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, the Inquiry Officer may hold the enquiry expert in such circumstances.
Ques 162. During the course of an enquiry the Inquiry Officer was changed. The Inquiry Officer is of the opinion that further examination of a witness, whose evidence have already been recorded, is necessary in the interest of justice. Whether he can recall and re-examine such an evidence?
Ans 162. As per provisions of rule 8(22) of the Punyah Civil services (Punishment and Appeal) Rules, 1970, the Inquiry Officer can recall and re-examine of such a witness.
Ques 163. What shall contain an enquiry report after the completion of the enquiry?
Ans 163. Under rule 8.2300) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, after the conclusion of an enquiry the enquiry report shall contain the following documents-
1. Article of charge and statement of imputations of misconduct or misbehaviour,
2 The defence of Govt employee in respect of each article of charge,
3. As assessment of the evidence in respect of each article of charge,
4. The finding of each article of charge and the reason, therefore.
Ques 164. The finding of an enquiry established any article of charge different from the original article of charge. What the Inquiry Officer may do in such circumstances?
Ans 164. Vide explanation below rule 8(23)(1) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, Inquiry Officer may record its findings on such article of charge as come to his notice.
Ques 165. What record is required to be furnished by the Inquiry Officer to the Punishing Authority on completion of an enquiry?
Ans 165. Under rules(23)(ii) of the Punjab Civil services (Punishment & Appeal) Rules, 1970, following record is required to be forwarded by the Inquiry Officer to the Punishing Authority on completion of an enquiry-
1. The enquiry report,
2. The written statement of defence submitted by the Govt. employee,
3. The oral and documentary evidence produced in the course of the enquiry,
4. Written briefs, filled by the Presenting Officer or the Govt. employee or both during the course of the enquiry
5. The order made by the Punishing Authority in regard to the enquiry if any.
Ques 166. Punishing Authority was dis-satisfied with an enquiry report. He appointed an another Inquiry Officer for further enquiry and report. Please Comments?
Ans 166. Under rule 9 of the Punjab Civil services (Punishment & Appeal) Rules, 1970, Punishing Authority can appoint another Inquiry Officer for further enquiry and report if he is not satisfied with the findings of the enquiry. As such, orders of the Punishing Authority are in accordance with the rules.
Ques 167. Punishing Authority was dis-satisfied with the findings of an Inquiry Officer on one of the charge. Taking into consideration the evidence on record, the recorded his own findings on the charge and awarded the punishment accordingly. Comments?
Ans 167. Vide rule 9(2) of the Punjab Civil services (Punishment & Appeal) Rules, 1970 Punishing Authority is competent to record its reasons for disagreement on such a charge and pass orders accordingly in such circumstances. As such, the action of Punishing Authority is in order
The action of the Punishing Authority is in accordance seal the provisions of rule 9(2) of the Punjab Civil services (Punishment & Appeal) Knies 1970, vide which he is competent to do so.
*** End of the Part 4 ***
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