Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***
North Block, New Delhi
Dated: 14th October, 2013
Office Memorandum
Subject: Recommendations of the Committee of Experts on Disciplinary &
Vigilance Inquiries (Hota Committee) - Para 48 of the Committee's
Report on conclusion of major penalty proceedings within a period of 18
months - Acceptance by Government - reg .
The undersigned is directed to say that the Government had appointed a Committee
of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend
measures for their expeditious disposal. The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC Chairman
(ii) Slid Arvind Varma, Former Secretary, DoPT Member
(iii) Shri P. Shankar, former CVC Member.
2. The Expert Committee has, in para 48 of its Report, made the following
recommendation:-
"48. For major penalty Inquiries as envisaged in Article 311(2) of the
Constitution, where the Inquiry Officer has to do a detailed inquiry into the Articles
of Charge by examination of witnesses both of the Presenting Officer and of the
delinquent Government Servant and where relevant documents have to be
examined/exhibited for a just decision in the case, the maximum time could be twelve
months from the date of service of the Articles of Charge before the case records are
referred to the UPSC for advice under Article 320(3)(c) of the Constitution.
Hopefully, if the UPSC takes a maximum period of five to six months to give its
considered advice, the Disciplinary Inquiry for a major penalty can be concluded
within a maximum period of eighteen months from the date of service of Articles of
Charge on the delinquent Government Servant till the date of the final order by the
Disciplinary Authority, after consultation with the UPSC. (Elsewhere in this Report,
we have recommended that the CVC's second stage advice may be dispensed with
because of reasons mentioned by us. We would like to leave it to the best judgment of
the UPSC to devise methods for reducing the time talcen by it in rendering its advice
under Article 320(3) (c) of the Constitution.)".
3. The aforesaid recommendation of the Hota Committee was considered by a
Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary. The CoS has,
inter alia, taken note of the fact that, vide DoPT's 0.M.No.372/19/2011-AVD-111(Pt.1) dated
26th September, 2011, the second stage consultation with the Central Vigilance Commission
has already been dispensed with and that it is only in cases where consultation with UPSC is
not required as per extant rules/instructions, the second stage consultation with CVC is now
necessary. The CoS also took note of the fact that the introduction of a single window system
in the UPSC to accept files regarding major penalty proceedings has led to considerable —
reduction in time taken to conclude major penalty proceedings. The CoS has accordingly
recommended that the recommendation of the Hota Committee in para 48 of its report as
referred to above may be accepted. The recommendation has accordingly been accepted by
the Government and it has been decided that all Ministries/Departments shall ensure that all
major penalty proceedings against government servants under their control are completed and
final orders are passed by the concerned Disciplinary Authority within 18 months from the
date of delivery of charge-sheet on the delinquent government servant.
4. The above decision of the Govenunent is brought to the notice of all
Ministries/Departments for strict compliance.
(V.M. Rathnam)
Deputy Secretary to the Govt. of India
Tel: 23094637
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***
North Block, New Delhi
Dated: 14th October, 2013
Office Memorandum
Subject: Recommendations of the Committee of Experts on Disciplinary &
Vigilance Inquiries (Hota Committee) - Para 48 of the Committee's
Report on conclusion of major penalty proceedings within a period of 18
months - Acceptance by Government - reg .
The undersigned is directed to say that the Government had appointed a Committee
of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend
measures for their expeditious disposal. The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC Chairman
(ii) Slid Arvind Varma, Former Secretary, DoPT Member
(iii) Shri P. Shankar, former CVC Member.
2. The Expert Committee has, in para 48 of its Report, made the following
recommendation:-
"48. For major penalty Inquiries as envisaged in Article 311(2) of the
Constitution, where the Inquiry Officer has to do a detailed inquiry into the Articles
of Charge by examination of witnesses both of the Presenting Officer and of the
delinquent Government Servant and where relevant documents have to be
examined/exhibited for a just decision in the case, the maximum time could be twelve
months from the date of service of the Articles of Charge before the case records are
referred to the UPSC for advice under Article 320(3)(c) of the Constitution.
Hopefully, if the UPSC takes a maximum period of five to six months to give its
considered advice, the Disciplinary Inquiry for a major penalty can be concluded
within a maximum period of eighteen months from the date of service of Articles of
Charge on the delinquent Government Servant till the date of the final order by the
Disciplinary Authority, after consultation with the UPSC. (Elsewhere in this Report,
we have recommended that the CVC's second stage advice may be dispensed with
because of reasons mentioned by us. We would like to leave it to the best judgment of
the UPSC to devise methods for reducing the time talcen by it in rendering its advice
under Article 320(3) (c) of the Constitution.)".
3. The aforesaid recommendation of the Hota Committee was considered by a
Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary. The CoS has,
inter alia, taken note of the fact that, vide DoPT's 0.M.No.372/19/2011-AVD-111(Pt.1) dated
26th September, 2011, the second stage consultation with the Central Vigilance Commission
has already been dispensed with and that it is only in cases where consultation with UPSC is
not required as per extant rules/instructions, the second stage consultation with CVC is now
necessary. The CoS also took note of the fact that the introduction of a single window system
in the UPSC to accept files regarding major penalty proceedings has led to considerable —
reduction in time taken to conclude major penalty proceedings. The CoS has accordingly
recommended that the recommendation of the Hota Committee in para 48 of its report as
referred to above may be accepted. The recommendation has accordingly been accepted by
the Government and it has been decided that all Ministries/Departments shall ensure that all
major penalty proceedings against government servants under their control are completed and
final orders are passed by the concerned Disciplinary Authority within 18 months from the
date of delivery of charge-sheet on the delinquent government servant.
4. The above decision of the Govenunent is brought to the notice of all
Ministries/Departments for strict compliance.
(V.M. Rathnam)
Deputy Secretary to the Govt. of India
Tel: 23094637
what will happen when not completed in 18 month
ReplyDeleteEven If the inquiry is not completed within 18 months,, it will not lapse. Similarly the delinquent employee does l not have a legal right to get quashed just because it is not completed within 18 months because these are guidelines and they have no force of law. However the employee can approach first to the appellate authority witha request to drop the proceedings because of delay in completion of inquiry within period of 18 months.I f his prayer is not accepted he can approach the CAT. The CAT will grant the prayer to drop the inquiry only if the departmental authorities are unable to give proper justification for delay in completion of inquiry. Generally in such cases the CAT directs the authorities to complete the inquiry in a given time.
ReplyDelete