Procedure of Inquiry- Rule 37- MEPS

Procedure of Inquiry- Rule 37- MEPS 

(1) The Management shall prepare a charge sheet containing specific charges and shall hand over the same together with with he statement of allegations and the explanation of the employee or the head, as the case may be, to the convener of the Inquiry Committee and also forward copies thereof to the employee or the Head concerned by registers post acknowledgement due, within 7 days constituted. 

(2) (a) Within 10 days of the receipt of the copies of charge sheet and the statement of allegations by the employee or the Head, as the case may be, -

(i) If the employee  or the Head, as the case may be, desires to tender any written explanation to the charge sheet, he shall submit the same to the convener of the Inquiry Committee in person or send it to him by the registers post acknowledgement due. 

(ii) If the Management and the employee or the Head, as the case may be, desire to examine any witness they shall communicate in writing to the convener of the Inquiry Committee the names of witness whom they propose to so examine, and 

(iii) If the Management desires to tender any documents by way of evidence before the Inquiry Committee, it shall supply true copies of all such documents to the employee or the Head, as the case may be. If the document relied upon by the Management is a register or record of the school it shall permit the employee or the Head, as the case may be, to take out relevant extracts from such register or record. The employee or the Head, as the case may be, shall supply to the Management true copies of all the documents to be produced by him in evidence. 

(b) Within 3 days after the expiry of the period of 10 days specified in clause (a), the Inquiry Committee shall meet to proceed with the inquiry and give 10 days notice by registers post acknowledgement due to the Management and the employee or the Head, as the case may be, to appear for producing evidence witnesses etc. if any. 

(c) The Inquiry Committee shall see that every reasonable opportunity is extended to the employee for defending his case. 

(d) (i) The Management shall have the right to lead evidence and the right to cross-examine the witnesses examined on behalf of the employee. 

(ii) The employee shall have the right to be heard in person and lead evidence. He shall also have the right to cross-examine the witness examined on behalf of the Management. 

(iii) Sufficient opportunities shall be given to examine all witnesses notified by both the parties. 

(e) All the proceedings of the Inquiry Committee shall be recorded and the same together with the statement of witnesses shall be endorsed by both the parties in token of authenticity thereof. The refusal to endorse the same by either of the parties shall be recorded by the Convener.

(f) The inquiry shall ordinarily by completed within a period 120 days from the date of first meeting of the Inquiry Committee, or from the date of suspensions of the employee, whichever is earliest, unless the Inquiry Committee has, in the special circumstances of the case under inquiry, extended the period of completion of the inquiry with the prior approval of the Deputy Director. In case the inquiry is not completed within the period of 120 days or within the extended period, if any, the employee shall case to under suspension and shall be deemed to have rejoined duties, without prejudice to continuance of the inquiry. 

(3) The Management and the employee or the Head, as the case may be, shall be responsible to see that their nominees and the witnesses, if any, are present during the inquiry. However, it the Inquiry Committee is convinced about the absence of either of the parties to the disputes or any of the members of the Inquiry Committee on any valid committee. The meeting so adjourned shall be conducted even in the absence of person concerned if he fails to remain present for the said adjourned meeting. 

(4) The Convener of the Inquiry Committee shall forward to the employee or the head, as the case may be, a summary of the proceedings and copies of statements of witnesses, if any, by registers post acknowledgment due within four days of completion of the above steps and allow him a time seven days to offer his further explanation, if any. 

(5) The employee or the Head, as the case may be, shall submit his further explanation to the Convener of the Inquiry Committee within a period of seven days from the date receipt of the summary of proceedings etc., wither personally or by registered post acknowledgement due. 

(6) On receipt of such further explanation or if no explanation is offered within the aforesaid time, the inquiry committee shall complete the inquiry and communicate its findings on the charges against the employee and its decision on the basis of these findings to the Management for specification to be taken against the employee or the head, as the case may be, within ten days after the date fixed for receipt of further explanation. It shall also forward a copy of the same by registered post acknowledgement due to the employee or the Head, as the case may be. A copy of the findings and decision shall also be endorsed to the Education Officer or the Deputy Director, as the case may be, by registers post acknowledgement due. Thereafter, the decision of the Inquiry Committee shall be implemented by the management which shall issue necessary orders within seven days from the date of receipt of decision of the Inquiry Committee, by registered post acknowledgement due. The Management shall also endorse a copy of its order to the Education Officer or the Deputy Director, as the case may be.