Public Servants (Inquiries) Act, 1977 (1920 A.D.)
No: 28 Dated: Apr, 01 1978
THE PUBLIC SERVANTS (INQUIRIES) ACT, 1977 (1920 A.D)
(Act No. XXVIII of Samvat 1977)
For regulating inquiries into the behaviour of Public Servants.
Whereas it is expendient to amend the law for regulating inquiries into the behaviour of public servants not removable from their appointments without the [sanction of the Government or any of the Ministers], and to make the same uniform throughout [the territories of the State];
It is enacted as follows
1. Short title, extent and commencement. - (1) This Act may be called the Public Servants, Inquires Act, 1977.
(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.
2. Article of charge to be drawn out for public inquiry into conduct of certain public servants. - Whenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of the Government not removable from his appointment without the sanction of [the Government or any of the Ministers], it shall cause the substance of the imputations to be drawn into distinct articles of charge, and shall order a formal and public inquiry to be made into the truth thereof.
3. Authorities to whom inquiry may be committed. Notice to accused. - The inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate, or to any other person or persons, to be specially appointed by the Government, Commissioners for the purpose, notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry.
4. Conduct of Government prosecution. - When the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf.
5. Charge of accuser to be written and verified. Penalty for false accusation. Institution of inquiry by the Government. - When the charge shall be brought by an accuser the Government shall require the accusation to be reduced to writing, and verified by the oath or solemn affirmation of the accuser; and every person who shall wilfully and maliciously make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury; but this enactment shall not be construed to prevent the Government from instituting any inquiry which it shall think fit, without such accusation on oath or solemn affirmation as aforesaid.
6. Security from accuser left by Government to prosecute. - When the imputations shall have been made by an accuser, and the Government shall think fit to leave to him the conduct of the prosecution, the Government before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually and also will be forthcoming to answer any countercharge or action which may be afterwards brought against him for malicious prosecution or perjury or subordination of perjury as the case may be.
7. Power of Government to abandon prosecution and to allow accuser to continue it. - At any subsequent stage of the proceedings, the Government may, if it think fit, abandon the prosecution, and in such case may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is desirous of so doing, on his furnishing such security as is hereinbefore mentioned.
8. Powers of Commissioners, their protection, Service of their process Powers of Court, etc., acting under commission. - The Commissioners shall have the same power of punishing contempt and obstructions to their proceedings, as is given to Civil and Criminal Courts by the Code of Criminal Procedure, and shall have the and powers for the summons of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission,and shall be entitled to the same protection as the District and subordinate Judges, except that all process to cause the attendance of witnesses or other compulsory process shall be served through and executed by the District or Subordinate Judge in whose jurisdiction the witness or other person resides, on whom the process is to be served. When the commission has been issued to a Court, or other person or persons having power to issue which process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission.