section 5)
Procedure for dealing with misconduct
Uttarakhand first Statutes, 20215) Procedure for dealing with misconduct: (i) The Vice Chancellor shall appoint an enquiry officer to conduct an enquiry into the charges leveled against any officer, academic staff, administrative staff or employee. The enquiry officer may be an outsider or an officer, academic staff, administrative staff or employee of the University who shall not be lower in rank than the accused. If the Vice Chancellor is of the opinion that the enquiry/ investigation is not being conducted appropriately, he shall have the authority to appoint a new officer to conduct the enquiry/ investigation afresh. (ii) Before award of any of the punishments mentioned, a show cause notice/ charge sheet shall be served on him in writing at the last address or the electronic mail address so recorded in the records of the University. The show cause notice/ charge sheet will clearly set forth the charges against him indicating therein the nature of offence or misconduct with full particulars thereof. (iii) The show cause notice/ charge sheet shall be deemed to be delivered in 04 (four) business days after being dispatched by courier or 07 (seven) business days after being dispatched by the quickest mail available. (iv) If the officer, academic staff, administrative staff or employee refuses to accept the show cause notice/ charge sheet served to him, it shall be recorded in the presence of two witnesses. In the event of refusal, the date, place and time of enquiry shall be displayed on the notice board of the University. If he refuses to attend or fails to attend at the specified date, place and time, the enquiry/ investigation shall be conducted in his absence; (v) During the enquiry the concerned officer, academic staff, administrative staff or employee shall be given all reasonable opportunities to defend himself. Except for reasons to be recorded in writing by the enquiry officer, he shall be permitted to produce witnesses in his defense. (vi) At the conclusion of the enquiry/ investigation, the enquiry officer shall compile the evidence and shall record his findings on each of the charges leveled and shall submit his report to the Vice Chancellor who shall place the enquiry report before the Appointing Authority. If the Vice Chancellor is not satisfied with the enquiry report, he shall have the power to order a reinvestigation/ further investigation in the matter. (vii) The Appointment Authority shall consider the report of the Enquiry Officer and shall decide to either exonerate the concerned officer, academic staff, administrative staff or employee or to award upon him any of the punishment mentioned in Statutes 8.01(2)(f)(4) above. (viii) While awarding the punishment, the Appointing Authority shall take into consideration the gravity of the misconduct of the officer, academic staff, administrative staff or employee. A copy of the order passed by the Appointing Authority shall be given to him.
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