10. Procedure for imposing minor penalties.- (1) Subject to the provisions of sub-rule (3) of Rule 9, no order imposing on a member of the Service any of the penalties specified in clauses (i) to (iv) or Rule 6 shall be made except after – (a) informing the member of the Service in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal; (b) holding an inquiry, in the manner laid down in sub-rules (4) to (23) of Rule 8, in every case in which it is proposed to withhold increments of pay for a period exceeding three years, or with cumulative effect for any period, or so as to adversely affect the amount of pension payable to him, or in which the disciplinary authority is of the opinion that such inquiry is necessary; (c) taking the representation, if any, submitted by the member of the Service under clause (a) and the record of inquiry, if any, held under clause (b) into consideration; (d) recording a finding on each imputation of misconduct or misbehaviour; and (e) consulting the Commission. (2) The record of the proceedings in such cases shall include— (i) a copy of the intimation to the member of the Service of the proposal to take action against him; (ii) a copy of the statement of imputations of misconduct or misbehaviour delivered to him; (iii) his representation, if any; (iv) the evidence produced during the inquiry; (v) the advice of the Commission; (vi) the findings on each imputation of misconduct or misbehaviour; and (vii) the orders on the case together with the reasons therefor.
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