The Madhya Pradesh Vibhageeya Janch (Sakshiyo ka Hazir Karyaya Jana tatha Dastavezon ka Pesh Karaya Jana) Adhiniyam, 1979

(1) This Act may be called the Madhya Pradesh Vibhageeya Janch Sakshiyon Ka Hazir Karaya Jana Tatha Dastavezon Ka Pesh Karaya Jana Adhiniyam, 1979. (2) It extends to the whole of the State of Madhya Pradesh. (3) It shall come into force from such date as the State Government may, by notification, appoint. 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.

This Act shall apply to departmental inquiries against— (i) persons who, having been appointed to any public service or post in connection with the affairs of the State, are in service or pay of the State; (ii) persons who are members of any local authority; (iii) persons who are in the service of any corporation (not being a local authority) established by or under a Central or State Act and owned or controlled by the State Government; (iv) any Government company within the meaning of section 617 of the Companies Act, 1956 (No. 1 of 1956) in which at least fifty-one per cent of the paid up share capital is held by the State Government or any company which is a subsidiary of such Government company; (v) any other persons in the service of any body or authority as the State Government may, by notification, specify. Section 4 of the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavezon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979) (hereinafter referred to as the Principal Act) shall be omitted. In these rules, unless the context otherwise requires,- (a) "Act" means the Madhya Pradesh Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979 (No. 14 of 1979); (b) "Form" means a form appended to these rules; (c) "section" means a section of the Act. The Officer or Board holding the enquiry shall furnish a certificate in form I to every person appearing before him or it to give evidence.

In this Act, unless the context otherwise requires,— (a) "departmental inquiry" means an inquiry held under and in accordance with— (i) any law made by the State Legislature or any rule made thereunder; or (ii) any rule made under the proviso to article 309 or under article 313 of the Constitution of India; (b) "inquiring authority" means an officer or authority appointed by the State Government or by any public body or authority empowered in that behalf to hold a departmental inquiry. In Section 5 of the Principal Act,— (i) in the marginal heading the word "authorised" shall be omitted; (ii) in sub-section (1), for the words, figure and bracket, "Every inquiring authority authorised under Section 4 (hereinafter referred to as the "authorised inquiring authority")" the words "Every inquiring authority" shall be substituted; (iii) in sub-sections (2), (3) and (4), the word "authorised" wherever it occur shall be omitted. The inquiring authority who is vested with the powers of a civil court under sub-section (1) of section 5 of the Act shall follow in a departmental inquiry the procedure laid down in the Code of Civil Procedure, 1908, which shall apply mutatis mutandis for the purposes of summoning and enforcing attendance of witness and for matters specified in section 5. (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).

In Section 6 of the Principal Act, the word "authorised" shall be omitted. Every summons issued under section 5 shall be served in the manner prescribed in the Code of Civil Procedure, 1908 as the court concerned and for that purpose the summons shall be forwarded to the District Judge with a letter in Form I. 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.

Every summons issued under section 5 shall— (a) be issued in duplicate; (b) be signed by the inquiring authority; (c) be sealed with the official seal of the inquiring authority; (d) specify the date, time, and place at which the person summoned is required to attend, and also whether his attendance is required for the purpose of giving evidence, or to discover and produce a document or other material, or for both the purposes.

The summons so prepared shall be signed by the inquiring authority and be sent by post to the District Judge within the local limits of whose jurisdiction the person on whom such summons is to be served ordinarily resides or carries on business or personally works for gain for service.

If the summons is returned undelivered by the post, then the process shall be served either by Revenue Peon or by Process Server through the District Judge, as may be considered suitable by the inquiring authority, as provided in clause (2) of rule 4.

Production of documents before departmental inquiry shall ordinarily continue to be secured in the manner as hitherto provided. Where in the case of a departmental inquiry the inquiring authority is satisfied that it is necessary to summon a person as a witness or to call for a document from him and that the attendance of such person as a witness or production of such document can not otherwise be secured, it may, after recording the reason for doing so, make a reference to the State Government seeking authorisation under section 4 of the Act to exercise the powers specified in section 5 in relation to such person.

The power to authorise an inquiring officer under section 5 of the Act shall be exercised by the State Government if it is of the opinion that for the purposes of any departmental inquiry it is necessary to do so in relation to any employee or class or category of employees specified in clauses (a) and (b) of section 2 of the Act.

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.

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. By order and in the name of the Governor of Madhya Pradesh, B.J. Reejee, Secretary to Government, Madhya Pradesh, General Administration Department.

The following instructions are issued to regulate the payment of travelling and other expenses to persons appearing as witnesses in Departmental Enquiries: 1. 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.

These instructions shall also apply to a person nominated by the Disciplinary Authority to present the case in support of the charge before the authority holding the departmental enquiry or for assisting the Government servant against whom the enquiry is held in presenting his case, as provided in sub-rule (6) of rule 12 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1965, vice corresponding sub-rule (8) of Rule 14 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966; Such person shall be entitled to a certificate in Form II, by the authority holding the departmental enquiry.

FORM I It is to certify that Shri (Name, designation, office etc.) attended the proceedings in the departmental enquiry against Shri (Name, designation etc.) on (Dates) at (Place). Nothing has been paid to him on account of his travelling and other expenses. (Signature) Disciplinary Authority/Board of Enquiry/Enquiring Officer. Copy forwarded for information to (Department/Office).

FORM II It is to certify that Shri (Name, designation, office etc.) attended the proceedings in the departmental enquiry against Shri (Name, designation etc.) on (Dates) to present the case in support of the charges/to assist the said (Name etc.) in presenting his case. (Signature) Disciplinary Authority/Board of Enquiry/Enquiring Officer. Copy forwarded for information to (Department/Office).