(2) On receiving a reference under clause (1), the Tribunal shall scrutinize the necessary records relating to the charge mentioned in the reference, and
- (a) If, as a result of such scrutiny, it is of the opinion that no charge can be cstablished, forward the reference to the appropriate Government together with its opinion thereon; and
- (b) In other cases, issue notice to the respondent requiring him to show cause why a recommendation should not be made against him under this Order.
(3) Nothing in sub-clause (a) of clause (2) shall bar any subsequent reference to the Tribunal.
7. Offer to retire from public life, etc.- (1) A notice under sub-clause (b) of clause (2) of Article 6 shall, among other things, contain an offer that the respondent may, if he so chooses, retire from public life until the thirty first day of December, 1966.
(2) If the respondent accepts the offer made under clause (1) further enquiry in respect of the charge against him shall be stopped forthwith, and he shall stand disqualified until the thirty first day of December 1966, for being a member or a candidate for the membership of any elective body.
8. Enquiry by Tribunal, etc.- (1) If the respondent does not accept the offer made to him under clause (1) of Article 7, the Tribunal shall, after such further scrutiny of records and such enquiry as it thinks fit, and after giving the respondent an opportunity of being heard, record its findings and report them to the appropriate Government, and in case the respondent is found guilty, the Tribunal shall also make its recommendation to the appropriate Government as regards the sum to be paid, or the action to be taken, by the respondent, for making good any loss which might have been caused by the misconduct of which he is found guilty.
(2) In case the respondent is found guilty, the appropriate Government shall pass an order disqualifying the respondent until the thirty first day of December. 1966, for being a member or a candidate for the membership of any elective body and may pass such further order or orders as regards the sum to be paid or the action to be taken by the respondent for making good any loss which might have been caused by the misconduct of which he is found guilty.
9. Powers of Tribunals.-A Tribunal shall have the power of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely, -
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of any documents;
- (c) receiving evidence on affidavits; and
- (c) issuing commissions for the examination of witnesses or documents.
