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The Government Servants (Special Provisions) Ordinance, 1979

( Ordinance NO. XI Of 1979 )

Inquiry and punishment
5. (1) When a Government servant is to be proceeded against for any of the offences mentioned in section 3, the appointing authority or any person authorised by him 1[in this behalf by general or special order] shall frame a charge and, by notice accompanied by the charge, require the Government servant, hereinafter called the accused, to show cause, within a period which shall not be less than two days nor more than five days from the date of the service of the notice, why he should not be punished under this Ordinance and also to state whether he desires to be heard in person.
 
 
 
 
(2) If, after consideration of the cause, if any, shown by the accused, and hearing him in person, if the accused appears for the purpose, the appointing authority 2[or the person who framed the charge] finds the accused guilty of the charge, or if no cause is shown within the required period, the appointing authority 3[or the person who framed the charge] shall, by notice specifying the penalty proposed to be imposed, require the accused to show cause within three days of the service of the notice, why the penalty specified therein shall not be imposed.
 
 
 
 
(3) After considering the cause, if any, shown under sub-section (2), or if no cause is shown within required period, the appointing authority may impose upon the accused the penalty specified in the notice under sub-section (2).
 
 
(4) For the purpose of this section, a notice shall be deemed to have been validly served if it is served by delivery to the accused or by affixing it to a conspicuous place of his last known residence or by publication in not less than two daily newspapers.

  • 1
    The words “in this behalf by general or special order” were inserted by section 2 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)
  • 2
    The words “or the person who framed the charge” were inserted by section 2 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)
  • 3
    The words “or the person who framed the charge” were inserted by section 2 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)
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