GUIDELINES REGARDING EXPEDITIOUS DISPOSAL OF DISCIPLINARY CASES

“Inordinate delay in finalization of disciplinary cases is a matter of serious concern. The very purpose of the timely finalization of the disciplinary proceedings is to ensure that the delinquent Officials neither get undue benefit due to long pending cases nor subjected to undue harassment if not found guilty at later stage.”

Office of the Controller General of Defence Accounts
Ulan Satar Road, Palam, Delhi Cantt 110010

No. AN/XIII/13006/Vol-XXI

Dated 26.07.2019

To
The PCsDA/CsDA
(Through website)

Subject: Guidelines regarding expeditious disposal of Disciplinary Cases.

Of late, it has been observed that the finalization of the disciplinary proceedings initiated against Officers and staff of the department are getting delayed on various counts, which defeats the very purpose of initiating the said proceedings.

Inordinate delay in finalization of disciplinary cases is a matter of serious concern. The very purpose of the timely finalization of the disciplinary proceedings is to ensure that the delinquent Officials neither get undue benefit due to long pending cases nor subjected to undue harassment if not found guilty at later stage.

2. Besides adherence to rules, regulations, orders, guidelines regarding timely completion of the disciplinary proceedings, the following points may also be kept in mind while processing disciplinary cases so as to ensure early finalization of the disciplinary proceedings.

Check more updates on CCS (Conduct) Rules

(i) Initiation of the proceedings: The Competent Authority should study the allegations very 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.

(ii) Memorandum of charges: Consequent to decision of the disciplinary authority to initiate major or minor penalty proceedings against delinquent Officials, the chargesheet / memorandum of charges should be issued expeditiously to the charged officer.

In cases where the chargesheet is to be issued by the CGDA, the draft articles of charges along with all the connected documents and full facts of the case should be forwarded to HQrs Office at the earliest.

(iii) Drafting of Charge Sheet: 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.

(iv) Written statement of Defence: At times, 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 such cases, no extension of time should be allowed beyond the stipulated period of 10 days.

(v) Providing copy of documents relied upon to the charged officer: 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 minimized.

(vi) Appointment of IO and PO: The orders regarding appointment of Inquiring Authority and Presenting Officer should be issued immediately after receipt and consideration of written statement of defence by the charged officer to inquire into such of the article of charges as are not admitted or the disciplinary authority considers it necessary to do so.

(vii) Inquiry by retired government officers: A panel of IO from retired government officers may also be kept ready which may be used when no serving government servant is available for appointment as IO.
However, terms and condition for appointing retired officer as Inquiring authority as stipulated by the CVC and the DOPT on the subject from time to time may strictly be adhered to.

(viii) Inquiry by departmental officer: 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.

(ix) Inquiry Proceedings: At times, procedural infirmities in inquiry proceedings viz. the Charged Officer has not afforded reasonable opportunity for his defence, Inquiring Authority does not generally questioned the CO as per provisions of Rule 14 (18) of the CCS (CCA) Rules, 1965 etc, which resulted in remitting the case back for further inquiry.

Therefore, the procedure laid down in Rule 14 of the CCS (CC&A) Rules, 1965 and GOI instruction below thereon may strictly be adhered to avoid any infirmity in departmental inquiry at any stage.

(x) Adhering timeline in inquiry proceedings by the Inquiring Authority: Attention is invited to clause (a), (b) and (c) of sub-rule 24 of Rule 14 of the CCS (CCA) Rules, 1965 inserted vide DOPT Notification vide GSR 548 (E) dated 2nd June, 2017 , which stipulates that:

a) The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority.

b) Where it is not possible to adhere to the time limit specified in clause (a), the Inquiring Authority may record the reasons and seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the Inquiry, at a time.

c) The extension for a period not exceeding six months at a time may be allowed for any good and sufficient reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorized by the Disciplinary Authority on his behalf.

(xi) Submission of Inquiry Report: On conclusion of the inquiry proceedings the Inquiring authority shall prepare its report as stipulated in sub-rule 23 of Rule 14 of the CCS (CCA) Rules, 1965 and forward the same along with records of inquiry to the disciplinary authority.

(xii) Providing copy of Inquiry Report to the charged officer by the Disciplinary Authority: A copy of the inquiry report along with reasons for disagreement of the Disciplinary Authority on it, if any, should be provided to the Charged Officer within 15 days from the date of receipt of Inquiry Report.

(xiii) Representation of the charged officer on findings of the Inquiring authority: 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 .

(xiv) Penalty Order: If the disciplinary authority having regard to findings of the Inquiring authority, representation of the charged officer and all relevant aspects of the case is of the opinion to impose any of the penalties specified in Rule 11 of the CCS (CCA) Rules 1965 or decided to drop the charges, the case requires to be brought to logical conclusion by issuing a formal order.

Therefore, a self contained, speaking and reasoned Order to be passed and issued over the signature of prescribed Disciplinary Authority.

3. The infirmities in departmental inquiry may leads to un-avoidable delay in finalization of disciplinary proceedings . Therefore, the procedure laid down under CCS (CC&A) Rules, 1965, Vigilance Manual and other Government instruction, guidelines issued on the subject from time to time may strictly be adhered to.

4. It is requested that the disciplinary cases may effectively be monitored and prescribed time-limits should be strictly adhered to, for expeditious finalization of disciplinary proceedings.

sd/-
(Rajeev Ranjan Kumar)
Dy. CGDA (Admin)

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• CCS (CCA) Amendment Rules 2017 – Dopt Orders on 2.6.2017
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• Procedure for empanelment of retired officers as the Inquiry Officers for conducting Departmental Inquiries

Disciplinary authority in respect of Group ‘B’ and ‘C’ post in Ordnance Factories

INTUC
INDIAN NATIONAL DEFENCE WORKERS FEDERATION

R.Srinivasan
General Secretary

INDWF/Circular/028/2018 Date:04.12.2018
To
ALL Affiliaated unions of INDWF
Ordnance and Ordnance Equipment factories

Sub: Amendment in Part-V of schedule to CCS (CCA) Rules 1965-Appointing Authority Disciplinary Authority in respect of Group B and C post in the Ordnance Factories and Other units under OFB-reg

Ref:1. MoD(D-Estt) (NG)Id No.50(23)/2013D(EStt)NG Dated 29.11.2018
2.OFB letter No.3977/BM/Per/DISC Dated 03.11.2018

Dear Colleagues,
After 6th CPC,the employees who are granted Rs.4200/- Grade Pay have been classified as Group ‘B’ Industrial and Non-Gazetted by DOP&T. Though these categories of employees have been appointed by the Sr. General Managers/General Managers of Heads of the establishments but disciplinary powers in respect of Group ‘B’and ‘C’ Civil posts have been authorised to Chairman OFB.

The issue of delegation of powers to Sr.GM/GM of the respective factoris was discussed in JCM III and the same was taken up by OFB to MoD and DOP&T. Now it has been approved by amending the Part V schedule to CCS(CCA) Rules 1995 delegating the powers to the appointing authority in respect of dealing the disciplinary cases of Group ‘B’ Non-gazetted and Non-Industrial and Industrial employes drawing the Grade pay of Rs.4200/-and below. In respect of Group ‘B’ Gazetted officials will be concened by ADCOF.

This is submited for information of all the unions.

Yours Sincerely,
sd/-
(R.SRINIVASAN)
General Secretary

Source: INDWF

Click To View Letter

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Dopt once again issued orders on the subject of punctuality in Government Offices. The order is directed to take disciplinary action against Central Government employees who are habitual late attendance.

Observance of punctuality in Government Offices – Dopt Orders

G.I., Dept. of Per.& Trg., O.M.No.11013/9/2014-Estt.A-III, dated 22.6.2015

Subject: Observance of punctuality in Government Offices.

Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.

2. The decision to introduce AADHAR enabled Bio-metric Attendance System (AEBAS) in Central Government offices, including attached/ sub-ordinate offices, to replace the manual system of marking of attendance to ensure punctuality is to be implemented in all Ministries/ Departments. This Department vide O.M. of even no. dated 21.11.2014 and 28.01.2015, while recognizing that the Biometric Attendance System is only an enabling platform had, inter-alia, stated that there was no change in the instructions relating to office hours, late attendance etc.

3. In this connection attention is invited to Rule 3(1)(ii) of CCS (Conduct) Rules, 1964 which stipulates that every Government servant shall at all times maintain devotion to duty. Habitual late attendance is viewed as conduct unbecoming of a Government servant and disciplinary action may be taken against such a Government servant. It is also added that punctuality in attendance is to be observed by Government servants at all levels.

4. It is also requested that the necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.

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