TaxTMI 
TaxTMI 
Procedure for imposing major penalties
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..../Nationalized Bank/Reserve Bank of India/SEBI/IRDAI/PFRDA) to inquire into the truth thereof; Provided that where there is a complaint of sexual harassment within the meaning of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013, the Internal Complaints Committee established in the Authority for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these regulations and the Internal Complaints Committee shall hold, if separate procedure has not been prescribed for the Internal Complaints Committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these regulations. Explanation. - (i) Where the disciplinary authority itself holds the inquiry, any reference in sub-regulation (7) to sub- regulation (20) and in sub-regulation (22) to the inquiring authority shall be construed as a reference to the disciplinary authority. (ii) Where the disciplinary authority appoints a retired employee as inquiring authority, any reference in sub-regulation (7....
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....iders it necessary to do so, appoint, under sub- regulation (2), an inquiring authority for the purpose. (c) Where the disciplinary authority itself inquires into any article of charge or appoints an inquiring authority for holding an inquiry into such charge, it may, by an order, appoint an employee or a legal practitioner, to be known as the "Presenting Officer" to present on its behalf the case in support of the articles of charge. Explanation- For the purposes of this Regulation, the expression 'employee' includes a person who has ceased to be in service of the Authority. (6) The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority- (a) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour; (b) a copy of the written statement of the defence, if any, submitted by the employee; (c) a copy of the statements of witnesses, if any, referred to in sub-regulation (3); (d) evidence proving the delivery of the documents referred to in sub-regulation (3) to the employee; and (e) a copy of the order appointing the "Presenting Offic....
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....ng thirty days, after recording an order that the employee may, for the purpose of preparing her defence: (a) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub- regulation (3); (b) submit a list of witnesses to be examined on her behalf; Note : If the employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-regulation (3), the inquiring authority shall furnish her with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority. (c) give a notice within ten days of the order or within such further time as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Authority but not mentioned in the list referred to in sub-regulation (3). Note : The employee shall indicate the relevance of the documents required by her to be discovered or produced by the Authority. ....
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....e proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned; and the inquiring authority shall give the employee an opportunity of inspecting such documents before they are taken on the record; and the inquiring authority may also allow the employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary, in the interests of justice. Note : New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally. (16) When the case for the disciplinary authority is closed, the employee shall be required to state her defence, orally or in writing, as she may prefer; and where the defence is made orally, it shall be recorded, and the employee shall be required to sign the record; and in either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed. (17) The evidence....
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....ecall the witness and examine, cross- examine and re-examine the witness and may impose on the employee such penalty as it may deem fit in accordance with these regulations. (22) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself: Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided. (23) (a) After the conclusion of the inquiry, a report shall be prepared and it shall contain- (i) the articles of charge and the statement of the imputations of misconduct or misbehaviour; (ii) the defence of the employee in respect of each article of charge; (ii....