THE NATIONAL HIGHWAYS TRIBUNAL
OF
(PROCEDURE FOR INVESTIGATION
MISBEI-IAVIOUR OR INCAPACITY OF
PRESIDING OFFICER) RULES, 20031.
Inexercise of the powers conferred by
sub-section (1) read with clause (d) of sab-
(Land and Traffic) Act,
,
section (2) of section 50 of the Control of NationalHighways
makes the following rules,rnamely:—,—
2002 (13 of 2003), the Central Government hereby
rules may be
1. Short title, commencement and application's—(1) These
For Investigation of
called the National Highways Tribunal (Procedure 2003..
Incapacity of Presiding Officer) Rules,
_
Misbehaviour’ or
Act comesinto. force.
.
-(2)'They shall come into force on the date on. which the
of the National
(3) applicable to every Presiding Officer
These rules shall be
Act.
Highways Tribunal established (underthe
,
2.: Definition.-——In these rules, unlessvthe context otherwise requires,—
(Land and Traffic)
1
(a) ”Act” means the Control of National Highways,
Act, 2002 (13 of 2002),;
'
,~ V
‘
t _
y
Tribunal established
(b) ”Tribunal” means the National Highways ’
under sub-section (1) of section 5; of the, Act;
of
(c)”Presiding Officer” means 'a‘personappoin'ted as Presiding‘Officer
Act;
the Tribunal under. sub-section (1) ofsection of- the
6 ‘ ,
.V, ,
(d) words and expressions. used and not defined
in these rules but
to
defined in the Act shall have the meanings respectively assigned '
>
them in the Act.
,
‘
A ..
If a written complaint,
Committee forinvestigation of complaints—7(1)
3.
to perform the
alleging any definite charges of misbehaviouréor incapacity,
is received by the Central
functions of the office in respect of a Presiding Officer,
of such complaint.
,
Government, it shall make a preliminary. scrutiny
the President considers it necessary to
(2) If, on preliminary scrutiny,
it shall place the complaint together with
investigate into the allegation, ‘
consisting of the
supporting material as may be available, before ofcommittee
a
follOwing persons to investigate
the charges
I
allegations made in the i
complaint— ,
,
.
Cabinet Secretariat
(i) Secretary (Coordination and Public Grievances),
Chairman .
(ii) secretary Ministry of Road Transport and Highways
Member
-
of Law and Justice
(iii) Secretary, Department of Legal Affairs, Ministry ‘
"
,
‘
Member
‘
,
,
v
and method of
(3) The committee shall devise its
own‘ procedure
the complainant and
investigation which may include recording of evidence of
Vida G.S.R. 884 (E), dated 12th November, 2003, published in the Gazette of India , Extra,
1. ‘
-’ " " ‘
Pt. II, Sec. 3 (i), dated 12th November, 2003;
a
97
98 The National Highways Tribunal (Procedure For Investigation of
Misbehaviour or Incapacity of Presiding Officer) Rules, 2003
collection of material relevant to the inquiry which may be conducted by a judge
of the High Court under these rules
(4) The committee shall submit its findings to the President as early as
possible within period
a specified by the President in this behalf.
that may be
4, Judge to conduct inquiry.—(l) If the President is of the opinion that there
are reasonable grounds for making an inquiry into the truth of any imputation
of misbehaviour or incapacity of a Presiding Officer, he shall make a reference to
the Chief Justice of India requesting him to nominate a Judge of a High Court to
conduct the inquiry,
(2) The President shall, by order, appoint the Judge of a High Court
nominated by the Chief Justice of India (hereinafter in these rules referred to as
Judge) for the purpose of conducting the inquiry.
(3) Notice of appointment of a Judge under sub—rule (2) shall be given to the
Presiding Officer concerned
(4) The President shall forward to the Judge a copy of—
(a) the articles of charges against the Presiding Officer concemed and
the statement of imputation;
(b) the statement of witnesses, if any; and
(c) material documents relevant to the inquiry.
(5) The Judge shall complete the inquiry within such time or further time as
may be specified by the President.
(6) The Presiding Officer concerned shall be given a reasonable opportunity
of presenting a written statement of defence within such time as may be specified
in this behalf by the Judge,
(7) Where it is alleged Presiding Officer concerned is unable to
that the
discharge the duties of his officer efficiently due to any physical or mental
incapacity and the allegation is denied, the Judge may arrange for the medical
examination of the Presiding Officer by such Medical Board as may be appointed
for the purpose by the President and the Presiding Officer concerned shall submit
himself to such nwdical examination within the time specified in this behalf by
the Judge.
(8) The Medical Board shall undertake such medical examination of the
Presiding Officer as may be considered necessary and submit a report to the
Judge stating therein whether the incapacity is such as to render the Presiding
Officer unfit to continue in office.
(9) If the Presiding Officer refuses to undergo such medical examination as
considered necessary by the Medical Board, the Board shall submit a report to the
Judge stating therein the examination which the Presiding Officer has refused to
undergo, and the Judge may, on receipt of such report, presume that the
Presiding Officer suffers from such physical or mental incapacity as is alleged in
the complaint.
(10) The Judge may, after considering the written statement of the Presiding
Officer and the Medical Report, if any, amend the charges referred to in clause
(a) of sub-rule (4) and in such a case, the Presiding Officer shall be given a
reasonable opportunity of presenting a fresh written statement of defence.
The National Highways Tribunal (Procedure For Investigation 0! 99
Misbehaviour or Incapacity of
Presiding Officer) Rules, 2005
(11) The Central Government shall appoint an officer of that Government or
an advocate to present the case against the Presiding Officer.
(12) Where the Central Government has appointed an advocate to present its
case before the
Judge, the Presiding Officer concerned shall also be allowed to
present his case
by an advocate chosen by him.
5. Application of the
Departmental Inquiries (Enforcement of Witness and
Production of Documents) Act, 1972 to
inquiries under these rules—The
provisions of the Departmental Inquiries (Enforcement of Witness and
Production of Documents) Act, 1972 (18 of 1972), shall
apply to the inquiries
made under these rules as they apply to departmental
inquiries.
6. Powers of the Judge.—The
Judge shall not be bound by the procedure laid
down by the Code of Civil Procedure, 1908 (5 oi 1908) but shall be
guided by the
principles of natural justice and shall have power to regulate his own procedure
including the fixing of places and times of the inquiry
7. Suspension of
Presiding 0tficer.—Notwithstanding anything contained
in Rule 4 and without prejudice to
any action being taken in accordance with the
said rule, the President, keeping in view the
gravity of chmges may suspend the
Presiding Officer against whom a complaint is under investigation or inquiry.
8, Subsistence allawance.»The
payment of subsistence allowance to ‘a
Presiding Officer under suspension shall be regulated in accordance with the
rules and orders for the time being
applicable to an officer of the Government of
Indiaudr‘awing arr-equivalent payt
‘ ’ ‘
’
9. Inquiry Report—After the conclusion of the the Judge shall
investigation,
submit his report to the President
statingtherein'hisvfindings and the reasons
therefore on each of the articles of
charges separately wilh’such observations on
the whole case as he thinks fit.