Vidhi Codex

Bare Act

The Jammu and Kashmir Public Servants (Inquiries) Act, 1920

General197723 sections

The Public Servants Inquiries Act, 1977, establishes a formal, structured process for investigating allegations of misconduct against public servants in Jammu and Kashmir who cannot be removed from their positions without government sanction. It ensures that when serious accusations of misbehavior arise, the government can appoint commissioners to conduct a public inquiry. The law guarantees the accused the right to notice, legal representation, and the opportunity to present a defense. It balances the need for administrative accountability with the principles of natural justice, ensuring that disciplinary actions are based on a transparent, evidence-based process rather than arbitrary decisions.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement
  2. 2. It shall come into force on the 1st day of Baisakh, 1978.
  3. 3. Authorities to whom inquiry may be committed. Notice to accused
  4. 4. Conduct of Government prosecution
  5. 5. When the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf.
  6. 6. Security from accuser left by Government to prosecute
  7. 7. Power of Government to abandon prosecution and to allow accuser to continue
  8. 8. Powers of Commissioners. Their protection, service of their process, powers of Court, &c., acting under commission
  9. 9. Penalty for disobedience to process
  10. 10. Copy of charge and list to be furnished to accused
  11. 11. Procedure at beginning of inquiry
  12. 12. If the person accused refuses, or without reasonable cause neglects, to answer the charge, the same shall be taken to admit the truth of the same.
  13. 13. The prosecutor shall then be entitled to address the commissioners in explanation of the articles of charge, and of the evidence by which they are to be proved; his address shall not be recorded.
  14. 14. Power to admit or call for new evidence for prosecution. Accused’s right to adjournment
  15. 15. Defence of accused to be recorded when written
  16. 16. If made orally, it shall not be recorded; if made in writing, it shall be after being openly read, and in that case shall be filed with the record and a copy given at the same time to the prosecutor.
  17. 18. Omitted Omitted.
  18. 19. Inquiry when closed with defence. Prosecutor when entitled to reply and give evidence. Accused not entitled to adjournment
  19. 20. Power to require amendment of charge and to adjourn. For refusing adjournment to be recorded
  20. 21. When such adjournment is refused, the commissioners shall record the reasons for refusing to comply with it.
  21. 22. Power to call for further explanation, Inquiry into additional articles of charge, Reference of Special Commissioners; Final Orders
  22. 23. Powers of Government to exercise powers
  23. 24. Authority of Government not affected

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