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“H”-Contd.
(1) An Investigating Officer or Chairman of an Investigating Committee, carrying Hearings under
C.R. 56 and out an investigation for the purposes of C.R. 56 or C.R. 57, shall, by written notice to the
C.R. 57. officer,-
(a) require the officer to appear before the Investigating Officer or Committee at such time
and place as may be specified;
(b) require the officer to produce at such time and place any witnesses and other evidence
whom or which he wishes to present in his defence; and
(c) inform the officer of the misconduct alleged against him.
(2) The officer shall, during an investigation for the purposes of C.R. 56 or C.R. 57,-- (a) be entitled to know the whole case against him;
(b) be afforded an adequate opportunity of making his defence, either orally or in writing
as he may prefer;
(c) be given an adequate opportunity to question any witnesses.
(3) The officer may be assisted in his defence by
(a) another public officer who may be a representative member of a staff association
represented on the Senior Civil Service Council; or
(b) such other person as the Governor may authorize.
(4) An Investigating Officer or Committee may enquire into any matter and admit and take into account any evidence or information which the Officer or Committee considers relevant, and shall not be bound by any rules of evidence.
(5) The enquiries should not be conducted with undue formality and while there is no standard practice which would be applicable to every case, it is emphasised that the Investigating Officer or Committee is not exercising a legal function, but rather ascertaining the facts.
(6) If an officer fails to attend as required by a notice issued under paragraph (1), and at such other subsequent times and places as the Investigating Officer or Committee may require, orally or in writing, the investigation may continue in his absence and the provisions of paragraph (2) shall be deemed to have been complied with.
9. The Governor may, after considering a report submitted by an Investigating Officer or Committee, without prejudice to his power to inflict punishment under C.R. 56—
(a) require the Investigating Officer or Committee to make such further investigation as
the Governor may order; or
(b) require the Investigating Officer or Committee to answer such questions or ascertain
such facts as the Governor may require.
10. If, during or after an investigation for the purposes of C.R. 56, the Governor considers that proceedings should be taken under C.R. 57, he may direct that the investigation under C.R. 56 should be discontinued and that proceedings under C.R. 57 should be instituted.
Reference back to Investigating Officer.
Proceedings changed from C.R. 56 to C.R. 57.
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