Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---Rr. 5, 6 & 7---Proceedings against civil servant---"Inquiry"---Procedure for "inquiry" stated--- A reference to Rule 5, Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 will provide that when on the basis of information received the "Authority" is of opinion that there are sufficient grounds for proceeding against the civil servant, it shall direct the "Authorised Officer" to proceed against the civil servant concerned and if no Authorised Officer has been designated the Authority shall appoint an Authorised Officer. Under Rule 6(2) it is the Authorised Officer, who in the light of the facts of the case and keeping in view the interest of justice, has to decide whether the inquiry was necessary. If he comes to the conclusion that an inquiry is essential, as per Rule 6(3), he has to appoint an Inquiry Officer and simultaneously frame a charge-sheet under Rule 6(6); serve it on the accused together with the statement of allegations, requiring him to put his written defence within a reasonable time which shall not be less than 7 days or more than 14 days and forward to the Inquiry Officer the record alongwith the material necessary for the inquiry. It is in Rule 7(6) that the Inquiry Officer shall complete the Inquiry within 60 days, or within other period allowed by the `Authorised Officer' and submit his findings alongwith the grounds thereof to the latter who under sub-rule 7(A) must determine whether the charge has been proved. If a decision is taken to impose a major penalty, he after affording an opportunity to the accused to tender his explanation against the proposed recommendations, has to transmit his inquiry report alongwith other record to the "Authority". Thereafter, the `Authority' may pass such order as considered fit by it but before imposition of the penalty on him, the accused is entitled to an opportunity of being-heard in person. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---Rr. 5, 6 & 7---Inquiry against civil servant---Legality---Where Authority while proceeding against civil servant did not appoint any Authorised Officer and…

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