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Presentation Made at Institute of Public Administration Bangalore in Aug. 2008
Presentation Made at Institute of Public Administration Bangalore in Aug. 2008
DEPARTMENTAL INQUIRY
By R.K. Sharma,
Dy. Secretary (Retd.), GOI
E-mails: rks@dtf.in
Organisation of the Presentation
• Examination of complaints
• Preliminary Enquiry/Investigation
• Drafting and issue of charge-sheet Memo.
• Minor penalty proceedings
• Major penalty proceedings
• Inquiry proceedings
• Consultation with CVC/UPSC
• Order imposing penalty or exonerating the CO
under the CCS (CCA) Rules, 1965
• Departmental proceedings under the Pension Rules
EXAMINATION OF
COMPLAINTS
Sources of complaint:-
(1) A colleague or jealous/inimical colleague or
acquaintance or any other person,
(a) As a rule, complaints/cases which are more than 5 years old and no
action has been taken till then, should not be investigated. However,
the limit of 5 years will not apply to cases of fraud and other criminal
offences; and
VIGILANCE CLEARANCE
The Government have issued revised guidelines
for issuing vigilance clearance, vide Department
of Personnel and Training’s O.M. dated
14.12.2007 (copy is available under the heading,
“Conduct/Discipline Rules” on the website,
dtf.in.
(Contd.)
Penalties enumerated in Rule 11
Minor Penalties:-
Ex.P.1
Ex.D.1
• REASONABLE OPPORTUNITY
• NATURAL JUSTICE
• BURDEN OF PROOF
• PREPONDERANCE OF PROBABILITIES
Order imposing penalty or
exonerating the CO
• The Disciplinary Authority would consider the nature
of charges, facts and circumstances of the case,
evidence on record, Brief of PO and submissions of the
CO with regard to findings of the IO.
• The penalty has to be commensurate with the gravity of
the misconduct. The CO to be exonerated, if charges
are held not proved.
• A speaking order imposing the penalty to be issued
under the signatures of the Disciplinary Authority
DOPT’s O.M. dated 1.8.2007 – Simultaneous
action of prosecution and initiation of
departmental proceedings
• In serious cases involving offences such as
bribery/corruption, etc., action should be
launched for prosecution as a matter of
course.
Disciplinary proceedings – the question is whether the
respondent is guilty of such conduct as would merit his
removal from service or a lesser punishment, as the case
may be.
Criminal proceedings – the question is whether the offences
registered against the Govt. servant are established and if
established, what sentence can be imposed on him.
(Contd.)