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Report No. 58

(2) Orissa

The Disciplinary Proceedings (Administrative Tribunal) Rules, 1951

(a) These have been framed under the proviso to Article 309 of the Constitution. They apply to all Government servants under the rule making control of the Orissa Government.

(b) The Tribunal shall consist of 3 members, one of whom shall be a member of the Board of Revenue, another a judicial officer who is or was of the status of a District Judge and the third, the head of a Department.

(c) An assessor may be co-opted from the Department to which the official charged belongs.

(d) Cases relating to Government servants drawing a monthly salary of Rs. 150 and above may be referred to the Tribunal in respect of matters involving corruption, failure to discharge duties properly, irremediable general inefficiency and personal immorality.

(e) In conducting enquiries the Tribunal shall be guided by rules of equity and natural justice and shall not be bound by formal rules relating to procedure and evidence.

(f) The Tribunal is also required to make recommendations about the punishment to be awarded including compulsory retirement, with or without pension or gratuity.

Structure and Jurisdiction of the Higher Judiciary Back

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