Procedure governing fixing of liability

(1) On such demand of compensatory cost by the citizen, at the time of delivery of citizen related services, it shall be the duty of the competent officer to pay such cost to the citizen against acknowledgment and receipt as per the format as prescribed in the rules. Within a period of fifteen days of the payment of such compensatory cost, the competent officer shall, after conducting preliminary enquiry, shall issue notice against the government servant found responsible for the delay in delivery of such citizen related services, calling upon him as to why the compensatory cost paid to the citizen may not be recovered from him. (2) The government servant against whom such notice is issued may represent within a period of seven days from the date of receipt of such notice. In case no such representation is received by the competent officer within the prescribed period or the explanation received, if any, is not found satisfactory, the competent officer shall be entitled to issue debit note directing such defaulting government servant either to deposit the cost as stipulated in the debit note or directing the accounts officer concerned to debit the salary of such government servant for the amount as mentioned in the debit note: Provided that if the competent officer finds reasonable and justified grounds in favour of such government servant and comes to the conclusion that the delay in the delivery of services to the citizen was not attributable to him but was attributable to some other government servant, it shall be lawful for the competent officer to withdraw the notice against him and issue fresh show cause notice to such other government servant as found responsible for the delay, and shall follow the procedure mutatis-mutandis as stipulated in this sub-section and sub-section (1) of this section. (3) While fixing the liability under this Act, the competent officer shall follow the principles of natural justice before passing the order in that respect.