THE LEGISLATURE SECRETARIAT SERVICE (DISCIPLINARY PROCEEDINGS TRIBUNAL) RULES, 1982

[1][THE LEGISLATURE SECRETARIAT SERVICE (DISCIPLINARY PROCEEDINGS TRIBUNAL) RULES, 1982

Rule - 1.

(1)     These rules may be called the Kerala Legislature Secretariat Service (Disciplinary Proceedings Tribunal) Rules, 1982.

(2)     These rules shall apply to all members of the Secretarial staff of the Kerala Legislative Assembly including the officers and, employees in the institutions administered by the Secretariat of the Kerala Legislative Assembly.

Rule - 2. In these rules,

(a)      'Appointing Authority' means,-

(i)       in the case of a Gazetted Officer of the Secretariat of the Kerala Legislative Assembly, the Speaker;

(ii)      in the case of any other employee, the Secretary;

(b)      'Corruption' shall have the same meaning as 'criminal misconduct' under section 5 (1) of the prevention of Corruption Act, 1947 (Central Act 2 of 1947);

(c)      'Government' means the Government of Kerala;

(d)      'Secretary' means the Secretary to the Kerala Legislative Assembly;

(e)      'Speaker' means the Speaker of the Kerala Legislative Assembly;

(f)       'Tribunal' means the Tribunal for Disciplinary Proceedings appointed under rule 3 of the Kerala Civil Services (Disciplinary Proceedings Tribunal) Rules, 1960;

(g)      Expressions used, but not defined, in these rules shall have the same meanings as assigned to them under the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

Rule - 3.

If on a complaint or other information, received and after such investigation, if any as may be deemed necessary, the appointing authority is satisfied that there is a Prima facie case for taking action against an officer for any charge or charges of corruption, the appointing authority or any officer empowered by it in this behalf shall frame definite charge or charges, which shall be communicated to the officer together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders in the case. The accused officer shall be required to submit within a reasonable time to be specified in that behalf, a written statement of his defence. The accused officer may, on his request, be permitted to peruse or take extracts from the records pertaining to the case for the purpose of preparing his written statement; provided that the Appointing Authority may, for reasons to be recorded in writing, refuse him such access, if in its opinion, such records are not strictly relevant to the case or it is not desirable in the public interest to allow such access. After the written statement is received or if no such statement is received within the time allowed, the appointing authority may decide whether the case has to be referred to the Tribunal, to enquire into the charge or charges as the case may be.

Rule - 4.

Where the appointing authority decides under rule 3 that any case should be referred to the Tribunal for enquiry, it may refer the case to the Government together with all records of the case and thereupon the Government shall refer the matter to the Tribunal.

Rule - 5.

The provisions of sub-rules (d) and (e) of rule 5 and rules 6, 7 and 8, of the Kerala Civil Services (Disciplinary Proceedings Tribunal) Rules, 1960, shall, so far as may be, apply in regard to enquiries in the cases referred to the Tribunal under Rule 4.

Rule - 6.

Where any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the speaker whose decision thereon shall be final.