Forms and Instructions

FORM I: GOVERNMENT OF MADHYA PRADESH, Department... Dated the... The State Government is of opinion that for the purposes of the departmental inquiry in relation to Shri... it is necessary to summon... as witnesses and/or call for document from... THEREFORE, in exercise of the powers conferred by sub-section (1) of section 4 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979), the State Government hereby authorises Shri... the inquiring authority to exercise the powers specified in section 5 of the said Adhiniyam in relation to the above named person. FORM III (See rule 6) To (Name and address of the Judge concerned). Sir, Under the provisions of sub-section (1) of section 5 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979) a summons in duplicate is herewith forwarded for service on the witness (Name) (address). You are requested to cause a copy of the said summons to be served upon the said witness and return the original to me duly stamped by the said witness, with a statement of service endorsed thereon by you. 2. A copy of the notification No.... dated... issued by the State Government in the Department... under sub-section (1) of section 4 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 conferring on the undersigned the powers specified in section 5 of the said Act, is enclosed... Given under my hand and the seal of the inquiring authority this... day of... (month), 19... Note: (i) If you are summoned only to discover and produce a document or other material and not to give evidence, you shall be deemed to have complied with the summons if you cause such document or other material to be discovered and produced before this Inquiring Authority on the day and hour aforesaid. (ii) Rates of Travelling Allowance: The witness summoned in the departmental inquiry shall be paid travelling and daily allowances according to the Dept. No. 3024/IV/R-II/Bhopal dated 29.11.1966 (of the Finance Department) (copy enclosed). INSTRUCTIONS RELATING TO PAYMENT OF TRAVELLING AND OTHER EXPENSES TO WITNESS IN DEPARTMENTAL ENQUIRIES: Every person, whether he is a State or Central Government servant or not, who is called to give evidence in a departmental Enquiry by either the Government or the Government servant against whom the enquiry is made shall be entitled to payment of travelling and other expenses as laid down in these instructions. 2. The Officer or Board holding the enquiry shall furnish a certificate in form T to every person appearing before him or it to give evidence. 3(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). 4. Where the witness is a servant of the Government of India or any other state Government, he shall be entitled to receive in respect of the attendance before the authority holding the departmental enquiry, from the central or the state Government concerned, such travelling allowance and/or daily allowance as may be admissible to him under the rules applicable to him in that behalf in respect of a journey undertaken on tour and the amount so paid shall be paid by this state Government to the central Government or the state Government concerned who shall raise a debit in respect thereof against this state Government.