HAC Rules 5

धारा 5 · Action on the enquiry report

(1)

The Managing Committee, if it is not itself inquiring authority, may, for reasons to be recorded by it in writing remit the case of the inquiring authority for further inquiry and report and the inquiring authority, as far as may be, shall thereupon proceed to hold further inquiry, according to the provisions of rule 6.

(2)

The Managing Committee, shall, if it disagrees with the findings of the inquiring authority on any articles of charge, record its reasons for each disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.

(3)

If the Managing Committee having regard to its finding on all or any of the articles of charges, is of the opinion that any major punishment should be imposed on the employee, it shall -

(a)

furnish to the employee a copy of the report of the inquiry held by it and its findings on each article or charge or where the inquiry head been held by the inquiring authority appointed by it, a copy of the report of such authority and a statement of its findings on each article of charge, together with brief reasons for its disagreement, if any, with the findings of the inquiring authority; and

(b)

give the employee a notice stating the penalty proposed to be imposed on him and calling him to submit, within a period of thirty days of the receipt of such notice, such representation to the Director as he may wish to make against the proposed penalty;

(c)

forward to the Director the complete record of inquiry mentioned in clause (ii) of sub-rule (21) of rule 4, alongwith its findings on each article of charge, together with brief reasons for the disagreement, if any, with the findings of the inquiring authority;

(d)

forward to the Director evidence of receipt of notice by the employee under clause (b).

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