JKFF Rules 89अध्याय IX · Disciplinary and Penal Punishments

धारा 89 · Action on the Inquiry Report

(1)

If the disciplinary authority, having regard to its own findings where it is itself Inquiry Officer or having regard to its decision on all or any of the findings of the Inquiry Officer, is of the opinion that the punishment warranted is such as is within its competence, that authority may act on the evidence on record. However, in a case where it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, it may recall the witness, examine him and allow the party charged to cross-examine him. After that, it may impose on the party charged such punishment as is within its competence according to these rules.

(2)

While communicating the order imposing the punishment, a copy of the findings of the Inquiry Officer shall also be given to the party charged.

(3)

Where such disciplinary authority is of the opinion that the punishment warranted is such, as is not within its competence, that authority shall forward the records of the inquiry to the appropriate disciplinary authority with his recommendations who shall act in the manner as hereinafter provided.

(4)

The disciplinary authority, if it is not itself the Inquiry Officer may, for reasons to be recorded, remit the case to the Inquiry Officer for further inquiry and report. The Inquiry Officer shall thereupon proceed to hold further inquiry according to the provisions of rule 87 and submit to the disciplinary authority the complete records of such inquiry along with his report.

(5)

The disciplinary authority shall, if it disagrees with the findings of the Inquiry Officer on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose. In such case the delinquent officer shall having also be informed of the reasons for disagreement.

(6)

If the disciplinary authority having regard to its findings on all or any of the article of charge is of the opinion that any of the minor punishments should be imposed on the party charged, it shall, notwithstanding anything contained in rule 93, make an order imposing such punishment.

(7)

If the disciplinary authority, having regard to its findings on all or any of the articles of charge and on the basis of evidence on record, is of the opinion that any of the major punishments should be imposed on the party charged, it shall make an order imposing such punishment and it shall not be necessary to give to the party charged any opportunity of making representation on the punishment proposed to be imposed.

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