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

Short title, extent and commencement.

1. (1) This Act may be called the Public Servants Inquiries Act, 1977.
2. (2) It extends to the whole of Jammu and Kashmir State.

Articles of charge to be drawn out for public inquiry into conduct of certain public servants Articles of charge to be drawn out for public inquiry into conduct of certain public servants. Whenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of the Government not removable from his appointment without the sanction of the Government or any of the Ministers, it shall cause the substance of the imputations to be drawn into distinct articles of charge, and shall order a formal and public inquiry to be made into the truth thereof.

Authorities to whom inquiry may be committed. Notice to accused. The inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate, or to any other person or persons, to be specially appointed by the Government, commissioners for the purpose, notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry.

Conduct of Government prosecution.

Charge of accuser to be written and verified. Penalty for false accusation. Institution of inquiry by Government Charge of accuser to be written and verified. Penalty for false accusation. Institution of inquiry by Government. When a charge shall be brought by an accuser the accusation shall be reduced to writing, and shall be verified upon the oath or affirmation of the accuser; and every person making a false accusation as aforesaid...

Security from accuser left by Government to prosecute. When the imputations shall have been made by an accuser and the Government shall think fit to leave to him the prosecution, the Government before appointing the commissioners shall require him to furnish reasonable security that he will duly prosecute the charge thoroughly and effectually and also will be willing to answer any countercharge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury as the case may be.

Power of Government to abandon prosecution and to allow accuser to continue it. At any stage of the proceedings, the Government may, if it think fit, abandon the prosecution, and in such case may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is willing, on his furnishing such security as is hereinbefore mentioned.

Powers of Commissioners. Their protection, service of their process, powers of Court, &c., acting under commission. The Commissioners shall have the same power of punishing contempts and obstructions to their proceedings, as is given to Civil and Criminal Courts by the Code of Criminal Procedure, and shall have the same powers for the summons of witnesses, and for compelling the production of documents and for the discharge of their duty under the commission, and shall be entitled to the same protection as the District and subordinate Judges; except that all process to cause the attendance of witnesses or other compulsory process shall be served through and executed by the District or Subordinate Judge in whose jurisdiction the witness or other person resides, on whom the process is to be served. When the commission has been issued to a Court, or other person or persons having power to issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission.

Penalty for disobedience to process. All persons receiving lawful process issued as aforesaid for the purposes of the commission shall be liable to the same penalties as if the same had issued from the original Court or other authority through whom it is executed.

Copy of charge and list to be furnished to accused. The articles of charge, and list of the documents and witnesses by which each charge is to be sustained, shall be delivered to the person accused at least three days before the beginning of the inquiry, exclusive of the day of delivery and the first day of the inquiry.

Procedure at beginning of inquiry. At the beginning of the inquiry the prosecutor shall exhibit the articles of charge to the Commissioners, which shall be read to the person accused, who shall thereupon be required to plead to them, which pleas shall be forthwith recorded.

Prosecutor’s right of address Prosecutor’s right of address.

Evidence for prosecution and examination of witnesses. Re-examination by prosecutor Evidence for prosecution and examination of witnesses. Re-examination by prosecutor. The oral and documentary evidence of the prosecution shall then be exhibited; the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without leave of the Commissioners who also may put such questions as they think fit.

Power to admit or call for new evidence for prosecution. Accused’s right to adjournment.--If it shall appear necessary before the close of the case for the prosecution, the Commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence, and in such case the person accused shall be entitled to have, if he demand it, an adjournment of the proceedings for ten clear days, before the exhibition of such new evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned.

Defence of accused to be recorded when written.--When the case for the prosecution is closed, the person accused shall be required to make his defence, orally or in writing, as he shall prefer.

Evidence for defence and examination of witnesses Evidence for defence and examination of witnesses.--The evidence for the defence shall then be given and the witnesses examined, who shall be liable to cross-examination and re-examination and to examination by the Commissioners according to the like rules as the witnesses for the prosecution.

17.

Notes of oral evidence Notes of oral evidence.--The Commissioners or some person appointed by them shall take notes in English or Vernacular of all the oral evidence, which shall be read aloud to each witness by whom the same was given, and, if necessary, explained to him in the language in which it was given, and shall be recorded with the proceedings.

Inquiry when closed with defence. Prosecutor when entitled to reply and give evidence. Accused not entitled to adjournment.--If the person accused makes only an oral defence and exhibits no evidence, the inquiry shall end with his defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled to reply on the whole case, and may also, with the leave of the Commissioners, exhibit evidence in contradiction of the evidence exhibited for the defence, and in such case the person accused shall not be entitled to any adjournment, although such new evidence were not included in the list.

Power to require amendment of charge and to adjourn. For refusing adjournment to be recorded.--In any stage of the proceedings, if the articles of charge appear to the Commissioners to be stated with insufficient clearness and precision, they may, in their discretion, require the same to be amended, and may for that purpose adjourn the proceedings for a reasonable time. The Commissioners may also, from time to time, on the application of the person accused, adjourn the proceedings on the ground of sickness or other reasonable cause.

Report of Commissioners' proceedings Report of Commissioners' proceedings.--After the close of the inquiry the Commissioners shall forthwith report to Government their proceedings under the commission, and shall send with the record thereof their opinion upon each of the articles of charge separately, with such observations as they think fit on the whole case.

Power to call for further explanation, Inquiry into additional articles of charge, Reference of Special Commissioners; Final Orders.--The Government, on consideration of the report of the Commissioners, may order them to take further evidence, or give further explanation of their opinions. It may also order additional articles of charge to be framed, in which case the inquiry into such additional articles shall be made in the same manner as is directed with respect to the original charges. When Special Commissioners have been appointed, the Government may also, if it thinks fit, refer the report of the commissioners to the court or other authority to which the person accused is subordinate for their opinion on the case; and will finally pass such orders thereon as appear just and consistent with the provisions of this Act.

Powers of Government to exercise powers.--The powers of the Government under this Act, [where the accused can be removed from his appointment by the Council of Ministers or any of the Ministers], may also be exercised by them.

Authority of Government not affected.--Nothing in this Act shall be construed to affect the authority of Government for suspending or removing any public servant for any cause not involving an inquiry under this Act.

²⁵ Omitted

Omitted.