No.425/04/2012-AVD-IV(A)
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi
29th November, 2012
OFFICE MEMORANDUM
Subject: Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases — reg.
Instructions have been issued in the past for expeditious disposal of
disciplinary proceedings against delinquent government servants.
However, it has been observed that disciplinary proceedings are
generally taking a long time which defeats the very purpose of
initiating the said proceedings. Therefore, it has been considered
necessary to issue the following guidelines for monitoring and
expeditious disposal of disciplinary proceedings:
i. There are a number of instances where the Courts have set aside the
order of penalty due to inordinate delay in initiating action.
Therefore, it has to be ensured that disciplinary proceedings are
initiated without undue delay.
ii. The Administrative Department/Competent Authority should study the
allegations more carefully and resort to minor penalty proceedings
instead of initiating major penalty proceedings, where the circumstances
involve minor infringements or cases of procedural irregularities. It
has to be kept in mind that a minor penalty swiftly but judiciously
imposed by a Disciplinary Authority is much more effective than a
major penalty imposed after years spent on a protracted enquiry.
iii. There is undue delay due to repeated requests of the charged
officer for time to give his written statement in reply to the charge
sheet. As per existing instructions, the charged officer is allowed 10
days to submit his written statement. The charged officer may be allowed
3-4 days absence by the Controlling Officer for preparing his written
statement in which case, no extension of time should be allowed
beyond the stipulated period of 10 days. (DoP&T’s OM
No.142/5/2003-AVD.I dated 6th April, 2004).
iv. If vigilance angle is involved in a complaint, the case should be
referred to CVC for their 1st stage advice within one month from the
date of receipt of investigation report. If vigilance angle is not
involved, case should be put up to the disciplinary authority for taking
decision to initiate disciplinary action for major or minor
penalty against delinquent officer under CCS(CCA) Rules within one month
from the date of receipt of investigation report.
v. After receipt of first stage advice of CVC, the case should be put up
to the disciplinary authority for taking decision to initiate
disciplinary action for major or minor penalty against delinquent
officer under CCS(CCA) Rules within one month from the date of receipt
of 1st stage advice of CVC.
vi. The chargesheet should be issued to the charged officer within a
week from the date of receipt of decision of the disciplinary authority
to initiate major or minor penalty proceedings against him. In any case,
it should be ensured that the chargesheet is issued within one month
from the date of receipt of the lst stage advice of CVC.
vii. Simultaneously with the issuance of chargesheet, names of suitable
officer to be appointed as IO & PO may be selected tentatively. If
the charged officer, in his written statement of defence, denies the
charges leveled against him, orders regarding appointment of IO & PO
should be issued immediately after receipt and consideration of defence
statement. Copies of all the relevant papers/documents should also
be provided to IO/PO along with the order.
viii. The charge sheet should be drafted with utmost accuracy and
precision based on the facts revealed during the investigation or
otherwise and the misconduct involved. It should be ensured that no
relevant material is left out and at the same time no irrelevant
material or witnesses are included. (DoP&T’s DO
No.134/2/83-AVD.I dated 2nd May, 1985)
ix. As far as possible, copies of all the documents relied upon and the
statements of witnesses cited on behalf of the Disciplinary Authority
should be supplied to the Government servant along with the charge
sheet, so that the time taken by the charged officer to submit his
written statement of defense is reduced. (DoP&T’s
DO No.134/2/83-AVDJ .I dated 2nd May, 1985)
x. IO should submit his report within six months from the date of
receipt of order of his appointment as IO. Where it is not possible to
adhere to this time limit, the IO should submit reasons for delay to the
disciplinary authority in writing.
xi. A copy of the inquiry report and also disagreement of the
disciplinary authority, ifany, on it should be provided to the Charged
Officer within 15 days from the date of receipt of Inquiry Report
alongwith reasons for disagreement of the Disciplinary Authority with
IO’s findings, if any, (CVC Circular No. 000/VGL/18 dated 23rd
May,2000). The Charged Officer may be allowed 15 days to submit, if he
so desires, his written representation or submission to the disciplinary
authority irrespective of whether the report is favourable or not to
the government servant (DoP&T’s O.M.No.11012/13/85-Estt. dated 26th
June, 1989)
xii. After the receipt of the representation of charged officer on
Inquiry Report, the case may be sent to CVC, whetever required, for
their second stage advice, or to UPSC for their advice, as the case may
be, within one month. (CVC’s Circular No 000/VGL/18dated 23rd May, 2000)
xiii. Penalty order should be issued within a month from the date of
advice of UPSC.(DoP&T’s DO No 134/2/83-AVD.1 dated 2nd May, 1985)
xiv. The time-limits indicated above should be strictly adhered to. The
CVO concerned would be directly responsible to adhere to these time
limits.
xv. Each Ministry/Department may keep ready a panel of IO/PO from their
retired government officers which may be used when no serving government
servant is available for appointment of IO/PO. The services of IOs/POs
who would be available on the panel maintained by CVC may also be
utilized in consultation with CVC.
xvi. In some Departments a large number of oral inquiries are pending.
In order to expedite completion of inquiries within a specified time
limit, some officers on a fulltime basis may be earmarked by the
concerned Department to act as IO/PO.
xvii. In order to ensure expeditious disposal of disciplinary
proceedings, vide DoP&T’s OM No.372/19/2011-AVD-III) (Pt.1) dated
26.09.2011, the second stage consultation with CVC in disciplinary
matters has been dispensed with except in those cases where consultation
with UPSC is not required as per extant rules/instructions. This may be
followed. Since there will be only one consultation after receipt of
IO’s report (either with CVC or the UPSC, as the case may be), it is
expected that the new procedure would substantially reduce the time
taken in finalizing disciplinary proceedings after receipt of the IO’s
report.
xviii. Wherever a Departmental officer is appointed as the IO in
Departmental Proceedings, the officer concerned may be relieved from his
normal duties for a period up to 20 days in two spells during which he
should complete the inquiry and submit the report. During this period so
allowed, he will attend to the inquiry on full time basis. These time
spells may depend on the need and the feasibility of conducting
full-time hearings on a day to day basis. (DoP&T’s OM
No.142/5/2003-AVD.I dated 6th April,2004)
xix. For effective monitoring of the disciplinary proceedings cases, the
Vigilance set up must be strengthened in every Ministry/Department.
Instructions issued vide DOPT O0M No. 372/19/2011-AVD-III (Pt.l) dated
26.09.2011 are hereby reiterated. All Ministries/Departments are
requested to take appropriate action in the matter.
All the Ministries/Departments are requested to follow the above
guidelines in letter and spirit so that disciplinary proceedings are
concluded expeditiously.
sd/-
(Amarjit Singh)
Deputy Secretary to the Govt. of India
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/425_04_2012-AVD-IV-A-29112012.pdf]
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