(iv) If in case such show-cause notice is issued by the disciplinary authority, then the petitioner may give his explanation thereto within ten days thereafter and the same may be sent through registered speed post to the disciplinary authority. Thereafter, the disciplinary authority will afford a reasonable opportunity of personal hearing to the delinquent officer, either in person or through his representative, as per the choice of the applicant and then will consider the findings of the enquiry report as well as the explanation given by the applicant and then may decide as to whether any of the findings of the Enquiry Officer are liable to be disagreed or reversed. If it is found that any of the factual findings of the Enquiry Officer is liable to be reversed, then good and valid reasons thereof should be shown in an order to be passed by the disciplinary authority in that regard. After completing the process, the disciplinary authority may finalise the action in the above disciplinary proceedings without any further delay, at any rate, within a period of six weeks from the date of issuance of the show-cause notice, etc. Further, it is ordered that the disciplinary authority will act independently and untrammelled by the views earlier taken in Annexure-A8 showcause notice, Annexure-A12 penalty order as well as Annexure-A13 file noting of the Hon'ble Minister. In other words, the disciplinary action will have to be finalised by the competent disciplinary authority strictly in accordance with law and independently. The above said contentions of the petitioners regarding the inordinate delay in finalising the disciplinary action, should be duly adverted to by the disciplinary authority while passing orders as above.”
