Departmental Inquiry – Action to be taken on the Inquiry Officer’s Report
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I. CONSULTATION WITH CVC
In vigilance cases, the second stage advice of the Central Vigilance Commission is to be sought after the Inquiry Officer’s Report becomes available.
Procedure in composite cases
In respect of composite cases wherein the Commission had tendered its first stage advice for all categories of officers involved, second stage advice of the Commission should be sought only in case of officers falling within the jurisdiction of the Commission. With respect to the officers not falling under the jurisdiction of the Commission, the case should be dealt at the level of the CVO and referred to the Commission for second stage advice. This procedure would not apply to CBI investigated cases involving officials not falling under the jurisdiction of the CVC wherein the Commission had tendered its advice (cases where there were differences between the CBI and the DA and which were referred to the CVC for advice.
(Pl. refer to the CVC Office Order dated 28.01.2010. To access a copy of the Office Order from the list of CVC Circulars/Office Orders, please click here.)
II. PROCEDURE IN NON-VIGILANCE CASES
In disciplinary cases of non-vigilance nature, consultation with the CVC is not required. A copy of the Inquiry Officer’s Report is forwarded to the charged officer to provide an opportunity to make a representation or submissions, if any, on the findings of the Inquiry Officer, without making any reference to the CVC.
In the cases where all the articles of charge have been found unproved in the inquiry and the findings of the Inquiry Officer have been accepted by the Department/Disciplinary Authority, a copy of the Inquiry Report will be provided to the charged officer only at the time of passing the final order, in the form of enclosure to the final order dropping the case. In such cases, consultation with the UPSC may not be required.
O.M. N0.11012/12/2010-Estt.(A) dated 12.11.2010 regarding communicating tentative reasons for disagreement under rule 15(2) of the CCS (CCA) Rules, 1965
Rule 15(2) of the Central Civil Services (Classification, .Control and & Appeal) Rules, 1965 states that ‘The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by 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 Government Servant who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, irrespective of whether the report is favourable or not, to the Government Servant.
The necessity of following the aforementioned rule 15(2) both in letter and spirit has been reiterated by the Department of Personnel and Training. The communication forwarding the 10′s report along with the tentative reasons for disagreement, if any, seeking comments/representation of the Charged officer should reflect this position.
All Ministries/Departments have been requested by the Department of Personnel and Training to ensure that the communication forwarding the 10′s report etc. does not contain phrases such as ‘Article of charge is fully proved’ or ‘Article of charge is fully substantiated’ which could be construed to mean that the disciplinary authority is biased even before considering the representation of the charged officer and this would be against the letter and spirit of the CCS (CCA) Rules, 1965.
The above procedure is applicable to both vigilance and non-vigilance cases.
(To access a copy of the DOP&T’s O.M. dated 12.11.2010 from the list of DOP&T’s circulars, please click here.)
III. CONSULTATION WITH THE UPSC
In the cases where the President proposes to impose any penalty under the CCS (CCA) Rules, 1965, on a Government servant, consultation with the UPSC is mandatory.
The procedure for consultation with the UPSC has been prescribed in the following O.Ms. issued by the Department of Personnel and Training:-
(i) O.M. dated 10.05.2011 – Departmental proceedings against Govt. servants – consultation with the UPSC for advice
(ii) O.M. dated 16.11.2010 – Departmental proceedings against Govt. servants – Consultation with the UPSC for advice
(iii) O.M. dated 14.09.2010 – Departmental proceedings against Govt. servants – Consultation with UPSC for advice
To access a copy each of the above-quoted O.Ms. from the list of O.Ms., please click here.
IV. FINAL ORDERS
The final order in the case will be passed by the Disciplinary Authority, having regard to the advice of the UPSC, in the cases where consultation with the UPSC is mandatory.
1. Other extant instructions/guidelines issued by the Government, wherever applicable, would be in force.
2. The above-mentioned guidelines are not comprehensive and are meant for general information only. They do not purport to be authentic interpretation of the extant government instructions/guidelines in force.
3. The above information may not be construed as a legal advice and it is subject to the terms and conditions of Disclaimer of Dtf.in.