In exercise of the powers
conferred by Section 110 read with clause (g) of sub-section (1) of Section 95
of the United Provinces Panchayat Raj Act, 1947 (U.P. Act No. XXVI of 1947),
the Governor is pleased to make the following rules:-- (1)
These rules may be called the Uttar Pradesh
Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules,
1997. (2)
They shall come into force from the date of
their publication in the Gazette. In these rules, unless the
context otherwise requires-- (a)
'Act' means the United Provinces Panchayat
Raj Act, 1947; (b)
'Pradhan' and 'Up-Pradhan', shall
respectively means the Pradhan and the Up-Pradhan of the Gram Panchayat; (c)
'Enquiry Officer' means an officer not below
the rank of District Panchayat Raj Officer, appoint as such, by the State
Government; (d)
'Section' means a section of the Act. (1)
Any person making a complaint against a
Pradhan or Up-Pradhan may send his complaint to the State Government or any
officer empowered in this behalf by the State Government. (2)
Every complaint referred to in sub-rule (1)
shall be accompanied by the complainant's own affidavit in support thereof and
also affidavits of all persons from whom he claims to have received information
of facts relating to the accusation, verified before a notary, together with
all documents in his possession or power pertaining to the accusation. (3)
Every complaint and affidavit under this rule
as well as any schedule or annexure thereto shall be verified in the manner
laid down in the Code of Civil Procedure, 1908, for the verification of
pleadings and affidavits, respectively. (4)
Not less than three copies of complaint as
well as of each of its annexures shall be submitted by the complainant. (5)
A complaint which does not comply with any of
the foregoing provisions of this rules shall not be entertained. (6)
It shall not be necessary to follow the
procedure laid down in the foregoing provisions of this rule if a complaint
against a Pradhan or Up-Pradhan is made by a public servant. (1)
The State Government may, on the receipt of a
complaint or report referred to in Rule 3, or otherwise order to the District
Panchayat Raj Officer to conduct a preliminary enquiry with a view to finding
out if there is a prima facie case for a formal enquiry in the matter. (2)
The District Panchayat Raj Officer shall
conduct the preliminary enquiry as expeditiously as possible and submit his
report to the State government within a fortnight of his having been so
ordered. Where the State Government
is of the opinion, on the basis of the report referred to in sub-rule (2) of
Rule 4 or otherwise that an enquiry should be held against a Pradhan or
Up-Pradhan or Member under the proviso to clause (g) of sub-section (1) of
Section 95 it shall, by an order, ask the Enquiry Officer to hold the enquiry. (1)
The substance of the imputations, and a copy
of the complaint referred to in Rule 3, if any, shall be forwarded to the
Enquiry Officer by the State Government. (2)
The Enquiry Officer shall draw up-- (a)
the substance of the imputations into
definite and distinct articles of charge; and (b)
a statement of the imputations in support of
each article of charge, which shall contain a statement of all relevant facts
and a list of documents by which, and list of witnesses by whom, the articles
of charge are proposed to be sustained; (3)
The Enquiry Officer shall deliver or cause to
be delivered to the person against whom he is to hold the enquiry, a copy of
the articles of charge, the statement of the imputations and a list of
documents and witnesses by which each article of charge is proposed to be
sustained and shall require that person by a notice in writing, to submit
within such time as may be specified, a written statement of his defence and to
state whether he desires to be heard in person, and to appear in person before
him on such day and at such time as may be specified. (4)
On receipt of the written statement of
defence, the Enquiry Officer shall enquire into such of that articles of
charges as are not admitted and where all the articles of change have been
admitted in the written statement of defence, the Enquiry Officer shall record
his findings on each charge after taking such evidence as he may think fit. (5)
If the person who has not admitted any of the
articles of charge in his written statement of defence, appears before the
Enquiry Officer, he shall ask him whether he is guilty or has any defence to
make and if he pleads guilty to any of the articles of charge, the Enquiry
Officer shall record the plea, sign the record and obtain the signature of that
person thereon, and return a finding of guilt in respect of those charges. (6)
If the person fails to appear within the
specified time or refuses or omits to plead, the Enquiry Officer shall take the
evidence, and if there is a complaint, require him to produce the evidence by
which he proposes to prove the articles of charge, and shall adjourn the case
to a later date not exceeding fifteen days, after recording an order that the
said person may, for the purpose of preparing his defence,-- (a)
inspect within five days of the order or
within such further time not exceeding five days as the Enquiry Officer may
allow, the documents specified in the list referred to in sub-rule (2); (b)
submit a list of witnesses to be examined on
his behalf; (c)
give a notice within ten days of the order or
within such further time not exceeding ten days as the Enquiry Officer may
allow, for the discovery or production of any documents that are relevant to
the enquiry and are in the possession of the State Government, but not
mentioned in the list referred to in sub-rule (2). (7)
The person against whom the enquiry is being
held may take the assistance of any other person to present the case on his
behalf, and the Enquiry Officer may appoint any person as a Presenting Officer
to assist him in conducting the enquiry: Provided that a legal
practitioner shall not be engaged or appointed under this sub-rule. (8)
If the person applies orally or in writing
for the supply of copies of the statements of witnesses mentioned in the list
referred to in sub-rule (2), the Enquiry Officer shall furnish him with such
copies as early as possible, and in any case, not later than three days before
the commencement of the examination of the witnesses by whom any of the
articles of charge is proposed to be proved. (9)
The Enquiry Officer shall, on receipt of the
notice for the discovery or production of documents, forward the same or copies
thereof to the authority in whose custody or possession the documents are kept,
with a requisition for the production of the documents by such date as may be
specified in such requisition: Provided that the Enquiry
Officer may, for reasons to be recorded in writing, refuse to requisition such
of the documents as are, in his opinion, not relevant to the case. (10)
On receipt of the requisition referred to in
sub-rule (9), every authority having the custody or possession of the
requisitioned documents shall produce the same before the Enquiry Officer: Provided that if the
authority having the custody or possession of the requisitioned documents is
satisfied for reasons to be recorded in writing that the production of all or
any of such documents would be against the public interest or security of the
State, it shall inform the Enquiry Officer accordingly and the Enquiry Officer
shall, on being so informed, communicate the information to the person against
whom the enquiry is being held and withdraw the requisition made by him for the
production or discovery of documents. (11)
On the date fixed for the enquiry, the oral
and documentary evidence by which the articles of charge are proposed to be
proved shall be produced and the witnesses shall be examined, by the Enquiry
Officer by or on behalf of the complainant, if there is one, and may be
cross-examined by or on behalf of the person against whom the enquiry is being
held. The witnesses may be re-examined by the Enquiry Officer or the
complainant, as the case may be, on any point on which they have been
cross-examined, but not on any new matter, without the leave of the Enquiry
Officer. (12)
The Enquiry Officer may allow production of
evidence not included in the list given to the person against whom the enquiry
is being held, or may itself call for new evidence or recall and re-examine any
witness and in such case the said person shall be entitled to have if he
demands it, a copy of the list of further evidence proposed to be produced and
an adjournment of the enquiry for three clear days before the production of
such evidence, exclusive of the day of adjournment and the day to which the
enquiry is adjourned. The Enquiry Officer shall give the said person an opportunity
of inspecting such documents before they are taken on the record. The Enquiry
Officer may also allow the said person to produce new evidence, if he is of the
opinion that the production of such evidence is necessary in the interest of
justice. (13)
When the evidence for proving the articles of
charge against the person against whom the enquiry is being held, is closed,
the said person shall be required to state his defence orally or in writing as
he may prefer. If the defence is made orally it shall be recorded, and the said
person shall be required to sign the record. In either case, a copy of the
statement of defence shall be given to the complainant, if any. (14)
The evidence on behalf of the person against
whom the enquiry is being held shall then be produced. The said person may
examine himself in his own behalf if he so prefers. The witnesses produced by
the said person shall then be examined and shall be liable to
cross-examination, re-examination and examination by the Enquiry Officer
according to the provisions applicable to the witnesses for proving the
articles of charge. (15)
The Enquiry Officer may, after the person
against whom the enquiry is being held closes his case, and shall, if the said
person has not examined himself, generally question him on the circumstances
appearing against him in the evidence for the purpose of enabling him to
explain any circumstances appearing in the evidence against him. (16)
The Enquiry Officer may, after the completion
of the production of evidence, hear the complainant, if any and the person
against whom the enquiry is being held, or permit them, or him, as the case may
be, to file written briefs of their respective cases. (17)
If the person to whom a copy of the articles
of charge has been delivered does not submit the written statement of defence
on or before the date specified for the purpose or does not appear in person
before the Enquiry Officer or otherwise fails or refuses to comply with the
provisions of this rule, the Enquiry Officer may hold the enquiry ex parte. (18)
Whenever Enquiry Officer after having heard
and recorded the whole or any part of the evidence in an enquiry, ceases to
exercise jurisdiction therein and is succeeded by another Enquiry Officer, the
Enquiry Officer so succeeding may act on the evidence so recorded by his
predecessor or partly recorded by himself: Provided that if the
succeeding Enquiry Officer is of the opinion that further examination of any of
the witnesses whose evidence has already been recorded is necessary in the
interest of justice he may recall, examine, cross-examine and re-examine any
such witness as hereinbefore provided. After the conclusion of the
enquiry, the Enquiry Officer shall prepare a report which shall contain-- (a)
the articles of charge and the statement of
the imputations; (b)
the defence of the person against whom the
enquiry has been held; (c)
the assessment of the evidence in respect of
each article of charge; (d)
the findings on each article of charge and
reasons therefore. Explanation.--If in the
opinion of the Enquiry Officer the proceedings of the enquiry establish any
article of charge different from the original articles of charge, he may record
his findings on such article of charge: Provided that the findings
on such article of charge shall not be recorded unless the person against whom
the enquiry has been held has either admitted the facts on which such article
of charge is based or has had a reasonable opportunity of defending himself
against such article of charge. The Enquiry Officer shall
forward to the State Government the records of the enquiry which shall
include-- (a)
the report prepared by him under Rule 7; (b)
the written statement of defence, if any, of
the person against whom the enquiry has been held; (c)
the oral and documentary evidence produced
during the course of the enquiry; (d)
written briefs, if any, filed during the
course of the enquiry; and (e)
the orders, if any, made by the State
Government and the Enquiry Officer in regard to the enquiry.UTTAR PRADESH PANCHAYAT RAJ (REMOVAL OF PRADHANS,
UP-PRADHANS AND MEMBERS) ENQUIRY RULES, 1997
PREAMBLE