Guidelines for Expeditious disposal of Disciplinary Proceedings

Guidelines for Expeditious disposal of Disciplinary Proceedings

1. D.O. letter No. 134/2/83-AVD.I dated 2-4-1985 of Secretary,
Department of Personnel & Training Secretary (Personnel)
Delay in the disposal of disciplinary cases is neither in the interest of
the Government nor in that of the Government servant. Undue delay in the
disposal of the disciplinary cases also affects the morale of the Government
servant. In order to ensure that disciplinary cases are disposed of quickly,
it has been decided that the following measures should be adopted:-

(i) Wherever the allegations are investigated by the CBI and the CVC is
required to be consulted about the action to be taken on the
investigation report, the Department should furnish their comments
to the CVC within a month of the receipt of the investigation report.
In case of disagreement with the advice of the CVC, the matter should
be referred to the CVC for reconsideration of its advice only once.
(It has come to our notice that sometimes Departments make more
than one reference to CVC for reconsideration of its advice. There
should be only one such reference to CVC for reconsideration.

(ii) In cases investigated by the CBI as well as in other cases, the charge
sheet should be issued within 1 month of the receipt of the CVC’s
advice. If this time-limit and that in Item (i) are strictly adhered to, it
should be possible for the Department to issue the charge sheet
within 3 months of the receipt of an investigation report, including the
time taken in consulting the CVC.
(iii) Wherever the CVC is not required to be consulted, the charge sheet
should be issued within 2 months of the receipt of the investigation
report. Where there is no preliminary investigation report, a charge
sheet should be issued within 1 month of taking a decision in the
matter.

(iii) Whenever the CVC is not required to be consulted, the charge sheet
should be issued within 2 months of the receipt of the investigation
report. Where there is no preliminary investigation report, a charge
sheet should be issued within 1 month of taking a decision in the
matter.

(iv) A properly drafted charge sheet is the sheet – anchors of a disciplinary
case. Therefore, 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.

(v) With a view to reducing the time taken by the Government servant
for inspection of documents before submission of his written
statement of defence in reply to the charge sheet, 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, wherever possible.

(vi) In all cases which are presently pending for appointment of Inquiry
Officer and Presenting Officer, such appointment should be made
within 1 month. In all other cases, the Inquiry Officer and the
Presenting Officer should be appointed, wherever necessary,
immediately after the receipt of the Government servant’s written
statement of defence denying the charges.

(vii) Wherever a large number of oral inquiries are pending, the
Department should earmark some officers on a full time basis to
complete these inquiries within a specified time limit to be indicated
by the Disciplinary Authority. The time limit shall be indicated as
an administrative instructions, having regard to the nature of the
charges and the evidence involved. Similarly, where part time
inquiry officers are appointed, the Disciplinary Authority could,
having regard to the nature of the charges and the evidence involved,
specify time limits for the completion of the inquiry as an
administrative instructions.

(viii) The oral inquiry, including the submission of the Inquiry Officer’s
report, should normally be completed within a period of 6 months
from the date of appointment of the Inquiry officer. In the
preliminary inquiry, in the beginning, requiring the first appearance
of the charged Government servant and the Presenting Officer, the
Inquiry Officer should lay down a definite time bound programme for
inspection of the listed documents before the regular hearing is taken up. The regular hearing, once started, should be conducted on dayto-day basis until completed and adjournment should not be granted
on frivolous grounds.

(ix) After the receipt of the Inquiry Officer’s report and obtaining the
advice of the CVC wherever required, the final decision in the matter
should be taken by the Departments within a period of 2 months
except in cases where the UPSC is required to be consulted.
Wherever the reconsideration of the advice of the CVC is sought,
such reference should be once only at this stage. In cases in which
UPSC is to be consulted, the final decision in the matter should be
taken within 1 month of the receipt of their advice.

(x) The statutory rules lay down certain time limits or require the
Disciplinary Authority to specify time limits for some stages of the
disciplinary proceedings. These time limits should be adhered to
strictly. If ever some extension of time is granted, it should be done
keeping in view the need for expeditious conclusion of the
proceedings ann to discourage the dilatory tactics sometimes adopted
by Government servants.