Bare Act
The Kerala Public Servants (Inquiries) Act, 1963
This Act establishes procedures for investigating misconduct claims against public servants in Kerala state. When the government believes there are enough grounds for inquiry, they must formally charge the accused in writing with specific misconduct allegations and provide all evidence. The accused gets fifteen days to submit a written defense. The government may transfer the inquiry to a subordinate court, a specialized board, or commissioners appointed for the purpose. These commissioners have significant powers similar to criminal courts to subpoena witnesses. The government may also allow the accuser to prosecute, provided the accuser gives security to act responsibly and not pursue false charges. This ensures accountability and fair procedure in governmental disciplinary matters.
- 1. Short title and commencement
- 2. Definitions
- 3. Articles of charge to be drawn up for public inquiry into the conduct of public servants
- 4. Authority to whom inquiry may be committed, Notice to accused
- 5. Conduct of Government prosecution
- 6. Charge by accuser to be written and verified. Institution of inquiry by Government
- 7. Security from accuser left by Government to prosecute
- 8. Power of Government to abandon prosecution and to allow accuser to continue it
- 9. Power of Commissioner
- 10. Penalty for disobedience to process
- 11. Copy of charge and list to be furnished to the accused
- 12. The accused to be permitted to inspect and take extracts from official records
- 13. Procedure at beginning of inquiry. Non-appearance of accused and admission of charge
- 14. Prosecutor's right of address
- 15. Evidence for prosecution and examination of witnesses. Re-examination by prosecutor
- 16. Power to admit or call for new evidence for prosecution. Accused's right to adjournment
- 17. Defence of accused to be recorded only when written
- 18. Evidence for defence and examination of witnesses
- 19. Notes of oral evidence
- 20. Inquiry when closed with defence, Prosecution when entitled to reply and give evidence
- 21. Power to require amendment of charge and to adjourn
- 22. Report of commissioner's proceedings
- 23. Power of Government to pass final orders
- 24. Saving of power of removal without inquiry under the Act
- 25. Power of Government to make rules
- 26. Repeal
PDF: pending for this language.