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Report No. 58

(3) Tamil Nadu

Madras Civil Services (Disciplinary Proceeding Tribunal) Rules, 1948

(a) These rules have been made under the powers conferred by section 241(1)(b) and (2)(b) of the Government of India Act, 1935.

(b) The Tribunal shall consist of two judicial officers of the status of the District and Sessions Judge.

(c) Cases relating to Government servants drawing Rs. 150 per mensem and above in respect of matters involving corruption are particularly to be referred to this Tribunal.

(d) Government can also refer any particular case or class of cases which in its opinion should be dealt with by the Tribunal.

(e) The record of investigation will be sent to the Government and the Government will then decide in consultation with the head of the Department whether the case should be sent up before the Tribunal.

(f) The Police will help the Tribunal in securing documents, in producing witnesses and in such other ways as the Tribunal may desire.

(g) Counsels will be allowed on both sides.

(h) The Tribunal may co-opt an assessor who should be an officer of the Department to which the Government servant charged belongs.

(j) It appears that the Tribunal should suggest the penalty to be imposed also in cases where the charges are held proved, but this is not quite clear in the rules.

Structure and Jurisdiction of the Higher Judiciary Back

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