Definitions

In this Act, unless the context otherwise requires,— (a) "departmental inquiry" means an inquiry held under and in accordance with— (i) any law made by the State Legislature or any rule made thereunder; or (ii) any rule made under the proviso to article 309 of the Constitution of India; (b) "inquiring authority" means an officer or authority appointed by the State Government or by any public or local authority to hold a departmental inquiry and includes any person or body of persons authorised by law to conduct such inquiry. In Section 5 of the Principal Act,— (i) in the marginal heading the word "authorised" shall be omitted; (ii) in sub-section (1), for the words, figure and bracket, "Every inquiring authority authorised under Section 4 (hereinafter referred to as the "authorised inquiring authority")" the words "Every inquiring authority" shall be substituted; (iii) in sub-sections (2), (3) and (4), the words "authorised" whever it occur shall be omitted. The inquiring authority who is vested with the powers of a civil court under sub-section (1) of section 5 of the Act shall follow in a departmental inquiry the procedure laid down in Order XVI of the Code of Civil Procedure, 1908, which shall apply mutatis mutandis for the purposes of summoning and enforcing attendance of witness and for matters. (i) Where the witness is a Government servant of this State he shall be entitled to receive, in respect of the attendance before the authority holding the departmental enquiry from the Department under which he is serving for the time being, payment of travelling allowance as on tour under S.R. 112. (ii) Where the Government servant is called in the departmental enquiry to give evidence as to facts which have come to his knowledge in the discharge of his public duties, the minimum time required to be spent by him on the journey to and from the place where the enquiry is held and the days on which he is required to remain present before the authority holding the enquiry shall be treated as duty. Provided that if the Government servant is on leave the entire time spent shall be treated as part of the leave and he shall not be deemed to have been recalled to duty. (iii) Where a Government servant is called by any authority holding the departmental enquiry to give evidence as to facts which have come to his knowledge at a time when he was not in Government service, he may be paid travelling allowance as provided in sub-rule (i).