THE PUBLIC SERVANTS (INQUIRIES) ACT, 1850 [Act, No. 37 Of 1850]1 [1st November, 1850] PREAMBLE For regulating inquiries into the behaviour of Public Servants. WHEREAS it is expedient to amend the law for regulating inquiries into the behaviour of public servants not removable from their appointments without the sanction of Government, and to make the same uniform throughout [***] India; It is enacted as follows :-- _________________________ 1. The short title was given to the Act by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section 1.
View Complete Act List Judgments citing this section1[1. Short title This Act may be called the Public Servants (Inquiries) Act, 1850. __________________________ 1. The short title was given to the Act by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section. 1 (14-1-1897).
View Complete Act List Judgments citing this sectionWhenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of1[the Government, not removable from his appointment without the sanction of the Government,] it2[may] cause the substance of the imputations to be drawn into distinct articles of charge, and2[may] order a formal and public inquiry to be made into the truth thereof. __________________________ 1. Substituted for the words "the East India Company not removable from his office without the sanction of the same Government" by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section. 3. 2. Substituted for the word "shall" by A. O., 1937 (1-4-1937).
View Complete Act List Judgments citing this sectionThe inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate, or to any other person or persons, to be specially appointed by the Government, commissioners for the purpose : notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry.
View Complete Act List Judgments citing this sectionWhen the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf.
View Complete Act List Judgments citing this sectionWhen the charge shall be brought by an accuser, the Government shall require the accusation to be reduced to writing, and verified by the oath or solemn affirmation of the accuser; and every person who shall wilfully and maliciously make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury, but this enactment shall not be construed to prevent the Government from instituting any inquiry which it shall think fit without such accusation on oath or solemn affirmation as aforesaid.
View Complete Act List Judgments citing this sectionWhere the imputations shall have been made by an accuser, and the Government shall think fit to leave to him the conduct of the prosecution, the Government before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually, and also will be forthcoming to answer any counter-charge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury, as the case may be.
View Complete Act List Judgments citing this sectionAt any subsequent stage of the proceedings, the Government may, if it think fit abandon the prosecution, and in such case may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is desirous of so doing, on his furnishing such security as is hereinbefore mentioned.
View Complete Act List Judgments citing this sectionThe Commissioners shall have the same power of punishing contempts and obstructions to their proceedings, as is given to Civil and Criminal Courts by 1 [the Code of Criminal Procedure, 1898], and shall have the same powers for the summons of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission, and shall be entitled to the same protection as the Zila and City Judges, except that all process to cause the attendance of witnesses or other compulsory process, shall be served through and executed by the Zila or City Judge in whose jurisdiction the witness or other person resides, on whom the process is to be served, and if he resides within Calcutta, Madras or Bombay, then through the Supreme Court of Judicature thereto. When the commission has been issued to a Court, or other person or persons having power to issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission. _____________________________ 1. Substituted for the word and figures "Act 30, 1841", by the Repeating and Amending Act, 1914 (10 of 1914), Section. 2 and Sch.
View Complete Act List Judgments citing this sectionAll persons disobeying any lawful process issued as aforesaid for the purpose of the commission shall be liable to the same penalties as if the same had issued originally from the Court or other authority through whom it is executed.
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