CIVIL SERVICES (DISCIPLINARY PROCEEDINGSTRIBUNAL) RULES, 1955

INDEX

Rule CONTENTS

1(a). Title.

1(b). Date of coming into force of these rules.

1(c). Application of these rules.

2(a). "Corruption" -Defined.

2(b). "Government" -Defined.

2(c). "Tribunal" -Defined.

2(d). "Head of the Department " -Defined .

2(e). "Government Servants" -Defined.

3(1). Power of the Government to constitute Tribunals.

3(2). Constitution of the Tribunal.

3(3). Duties of the Tribunal.

4(1). Specific types of cases to be referred to the Tribunal and cases in which the Tribunal need not be consulted.

4(2). Power of the Government to refer any other cases to the Tribunal.

4(3). Cases arising in Judicial Department not to be referred to the Tribunal.

4(4). Executive authority of a local authority to refer cases to the Tribunal, if the Government so required.

4(5). The Tamil Nadu Public Service Commission competent to refer cases directly to the Tribunal without reference to the Government.

5(a). The Directorate of Vigilance and Anti Corruption or any other branch of police or other departmental authority to forward the investigation report to the Government.

5(b). Government to decide whether a case be tried in a court of law or by the Tribunal or by the departmental authority concerned.

5(c). If decided to be tried by the Tribunal, records to be sent to the Tribunal.

5(d). Head of Department is to be informed of the action is being taken in the Tribunal.

5(e). Staff of the Directorate of Vigilance and Anti Corruption and of the Police and of the concerned department to help the Tribunal in securing documents and production of witnesses, etc.

5(f). Prosecutor for Disciplinary Proceedings or such other person is to conduct enquiries on behalf of the Government before the Tribunal and the accused officer be allowed to be represented by counsel.

5(g). Discretion of the Tribunal to allow the accused officer concerned to be represented by counsel.

6. Discretion of the Tribunal to co-opt an assessor to assist it.

7. Place of sitting of the Tribunal and nature of the proceedings of the Tribunal.

8(a). Procedure to be adopted by the Tribunal in cases of corruption and also in cases of corruption combined with other charges.

8(b). Power of the Tribunal to proceed with the enquiry where the person has absconded or does not take part in the enquiry or other reasons impracticable to communicate.

8(c). Waiver of procedure.

8(d). Cases in which the provisions of the Tamil Nadu Civil Services (Discipline & Appeal) Rules to be followed.

8A. Power of the Government to withdraw cases from a Tribunal and transfer them to another Tribunal.

8B. Power of the Government to withdraw cases from a Tribunal for taking action departmentally.

9. Tribunal to send its findings to the Government.

9A. Consultation with the Head of Department on the findings of the Tribunal, if necessary before arriving at a penalty.

10(a). Government as the competent authority to deal with a case enquired into by the Tribunal and the procedure to be followed in passing final orders.

10(b). Head of the Department as the competent authority to deal with a case enquired into by the Tribunal and the procedure to be followed.

10(bb). Disposal of material objects marked during the enquiry.

10(c). Authority competent to impose a penalty in respect of cases enquired into by the Tribunal relating to the officers of the Municipal Corporations and the procedure to be followed in passing final orders.

11. Power of the Government or the Commissioners of Municipal Corporations to reject, or deviate from the advice of the Tribunal.

12. Copy of the report of the Tribunal to be sent to the accused officer along with the final orders in respect of cases of acquittal.