Action on the inquiry report.

9. Action on the inquiry report.— 9(1) The disciplinary authority may, for reasons to be recorded by it in writing, remit the case to inquiring authority for further inquiry and report, and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of rule 8 as far as may be. 519(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any with the findings of inquiry authority on any article of charge to the Member of the Service who shall be required to submit, if he so desires, his written representation of submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Member of the Service. 529(2-A)The disciplinary authority shall consider the representation, if any, submitted by the Member and record its findings before proceeding further in the matter as specified in sub-rules (3) and (4). 50 Inserted vide Notification No. 11018/01/2016-AIS-III, dt. 20.01.2017 (GSR No. 59(E) dt. 20.01.2017) 51 Substituted vide DoPT Notification No.11018/1/2002-AIS-III dt.26.06.2003 (GSR No.249 dt.12.07.2003) 52 Inserted vide DoPT Notification No.11018/1/2002-AIS-III dt.26.06.2003 (GSR No.249 dt.12.07.2003) 284 539(3) If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 6, shall be imposed on the member of the Service, it shall notwithstanding anything contained in rule 10, make an order imposing such penalty in such manner as specified by the Government. 549(4) If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 6 shall be imposed on the member of the Service, it shall make an order imposing such penalty in such manner as specified by the Government. 559(5)(a) In every case the disciplinary authority shall forward or cause to be forwarded to the Commission for its advice- (i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and (ii) comments of disciplinary authority on the representation of the member of Service on the Inquiry Report and disagreement note, if any and all the case records of the inquiry proceedings. (b) The disciplinary authority shall forward or cause to be forwarded a copy of the advice of the Commission received under clause (a) to the member of Service, who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within a period of fifteen days, on the advice of the Commission, which may be extended for a further period not exceeding fifteen days by recording the reasons in writing by the disciplinary authority or any other authority authorised by the disciplinary authority on his behalf: Provided that under no circumstances, the extension of time shall exceed forty-five days from the receipt of advice of the Commission by the member of Service. (c) The advice of the Commission received under clause (a) and the representation of the member of Service on such advice shall be taken into consideration before making any order imposing any penalty on the member of Service.