$type=ticker$count=12$cols=4$cate=1$hide=home

Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases - DoPT Order


No. 425/04/2012-AVD-IV(A)
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi 
29th November, 2012
OFFICE MEMORANDUM

Subject: Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases — reg.

Instructions have been issued in the past for expeditious disposal of disciplinary proceedings against delinquent government servants. However, it has been observed that disciplinary proceedings are generally taking a long time which defeats the very purpose of initiating the said proceedings. Therefore, it has been considered necessary to issue the following guidelines for monitoring and expeditious disposal of disciplinary proceedings:

i. There are a number of instances where the Courts have set aside the order of penalty due to inordinate delay in initiating action. Therefore, it has to be ensured that disciplinary proceedings are initiated without undue delay.
ii. The Administrative Department/Competent Authority should study the allegations more 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.
iii. 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 which case, no extension of time should be allowed beyond the stipulated period of 10 days. (DoP&T's OM No.142/5/2003-AVD.I dated 6th April, 2004)
iv. If vigilance angle is involved in a complaint, the case should be referred to CVC for their 1st stage advice within one month from the date of receipt of investigation report. If vigilance angle is not involved, case should be put up to the disciplinary authority for taking decision to initiate disciplinary action for major or minor penalty against delinquent officer under CCS(CCA) Rules within one month from the date of receipt of investigation report.
v.   After receipt of first stage advice of CVC, the case should be put up to the .disciplinary authority for taking decision to initiate disciplinary action for major or minor penalty against delinquent officer under CCS(CCA) Rules within one month from the date of receipt of 1st stage advice of CVC.
vi. The chargesheet should be issued to the charged officer within a week from the date of receipt of decision of the disciplinary authority to initiate major or minor penalty proceedings against him. In any case, it should be ensured that the chargesheet is issued within one month from the date of receipt of the 1st stage advice of CVC.
vii. Simultaneously with the issuance of chargesheet, names of suitable officer to be appointed as 10 & PO may be selected tentatively. If the charged officer, in his written statement of defence, denies the charges leveled against him, orders regarding appointment of 10 & PO should be issued immediately after receipt and consideration of defence statement. Copies of all the relevant papers/documents should also be provided to IO/P0 along with the order.
viii. 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. (DoP&T's DO No.134/2/83-AVD.I dated 2nd May, 1985)
ix. 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 reduced. (DoP&T's DO No.134/2/83-AVD.I dated 2nd May, 1985)
x. JO should submit his report within six months from the date of receipt of order of his appointment as 10. Where it is not possible to adhere to this time limit, the JO should submit reasons for delay to the disciplinary authority in writing.
xi. A copy of the inquiry report and also disagreement of the disciplinary authority, if any, on it should be provided to the Charged Officer within 15 days from the date of receipt of Inquiry Report alongwith reasons for disagreement of the Disciplinary Authority with JO's findings, if any. (CVC Circular No. 000NGL/18 dated 23rd May, 2000). 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 (DoP&T's O.M. No.11012/13/85-Estt. dated 26th June, 1989)
xii. After the receipt of the representation of charged officer on Inquiry Report, the case may be sent to CVC, wherever required, for their second stage advice, or to UPSC for their advice, as the case may be, within one month. (CVC's Circular No 000NGL/18 dated 23rd May, 2000)
xiii. Penalty order should be issued within a month from the date of advice of UPSC. (DoP&T's DO No 134/2/83-AVD.I dated 2nd May, 1985)
xiv. The time-limits indicated above should be strictly adhered to. The CVO concerned would be directly responsible to adhere to these time limits.
xv. Each Ministry/Department may keep ready a panel of IO/P0 from their retired government officers which may be used when no serving government servant is available for appointment of IO/PO. The services of I0s/POs who would be available on the panel maintained by CVC may also be utilized in consultation with CVC.
xvi. In some Departments a large number of oral inquiries are pending. In order to expedite completion of inquiries within a specified time limit, some officers on a full time basis may be earmarked by the concerned Department to act as IO/PO.
xvii. In order to ensure expeditious disposal of disciplinary proceedings, vide DoP&T's OM No.372/19/2011-AVD-III) (Pt. 1) dated 26.09.2011, the second stage consultation with CVC in disciplinary matters has been dispensed with except in those cases where consultation with UPSC is not required as per extant rules/instructions. This may be followed. Since there will be only one consultation after receipt of IO's report (either with CVC or the UPSC, as the case may be), it is expected that the new procedure would substantially reduce the time taken in finalizing disciplinary proceedings after receipt of the IO's report.
xviii. Wherever a Departmental officer is appointed as the 10 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. (DoP&T's OM No.142/5/2003-AVD.I dated 6th April, 2004)
xix. For effective monitoring of the disciplinary proceedings cases, the Vigilance set up must be strengthened in every Ministry/Department. Instructions issued vide DOPT OM No. 372/19/2011-AVD-III (Pt.1) dated 26.09.2011 are hereby reiterated. All Ministries/Departments are requested to take appropriate action in the matter.
All the Ministries/Departments are requested to follow the above guidelines in letter and spirit so that disciplinary proceedings are concluded expeditiously.

Sd/-
(Amarjit Singh)
Deputy Secretary to the Govt. of India

Source: www.persmin.nic.in
[ http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/425_04_2012-AVD-IV-A-29112012.pdf]


Stay connected with us via Facebook, Google+ or Email Subscription.

Subscribe to Central Government Employee News & Tools by Email [Click Here]
Follow us: Twitter [click here] | Facebook [click here] Google+ [click here]
Admin

COMMENTS

BLOGGER: 1
Loading...
Name

100 percent da,18,10th Bipartite Settlement,46,6 CPC Order,5,7th CPC Charter of Demands,81,7th cpc interim report,8,7th CPC Meeting,141,7th CPC Notification,202,7th CPC Projected Pay,173,7th CPC Questionnaire,16,7th CPC Recommendation,425,7th CPC Report,123,7th CPC Terms of Reference,40,Absorption,31,Ad-hoc Bonus,19,Additional Pension,2,Administrative Reforms,17,Advance Increment,4,Adventure Sports,8,Age Relaxation,16,AGIF,5,AIIMS,12,Air Travel,44,AIRF memorandum to 7th CPC,4,Airport Employees,7,All India Service,66,Allowances,214,Alteration of Date of Birth,6,Anubhav,12,APAR,30,Area Welfare Officer,5,Armed Forces Tribunal,18,Artisan Staff,11,Ashok Kumar Mathur,9,Atal Pension Yojna,9,Autonomous Bodies,45,awards,12,Bank,160,Bariatric Surgery,2,Benevolent Fund,2,bhavishya,10,Bhutan Compensatory Allowance,7,Bio-metric Attendance,36,Bonus,113,Bonus Order 2014,9,Bonus Order 2015,13,Bonus Order 2016,7,BRO,15,BSNL,69,BSNL IDA Pensioner,17,Budget 2014,12,budget 2015,22,Budget 2016,1,Budget 2017,22,Budget 2017-18,6,cadre management,14,Cadre Restructuring,155,Cancer Treatment,8,Cantonment Board Employees,3,Cash Handling Allowance,5,cashless treatment,13,Casual Leave,3,CAT jurisdiction,1,CAT Order,60,CBDT Order,26,CBEC,13,CBEC CR,9,CBSE,22,CCS (CCA) Rules,48,CCS (Conduct) Rules,49,CCS (Joining Time) Rules,6,CCS (Leave) Rules,44,CCS (RP) Rules 2008,36,CCS (RP) Rules 2016,41,CEA,31,CEA Form,4,Central Administrative Tribunal,2,Central Government Employee Calendar,23,central government employee news,39,Central Pension Accounting Office,86,Central Secretariat Service,5,Central Universities,21,CG Counsel,1,cgda,87,CGEGIS,16,CGEGIS TABLE,9,CGEWHO,64,CGEWHO Noida,17,Cghs,347,CGHS AHMEDABAD,5,CGHS ALLAHABAD,4,cghs BENGALURU,3,cghs bhopal,2,CGHS BHUBANESWAR,2,CGHS CHANDIGARH,4,cghs CHENNAI,2,CGHS Clarification,56,cghs dehradun,3,Cghs Delhi,65,cghs empanelment,120,CGHS GUWAHATI,3,CGHS HOSPITAL LIST,29,CGHS HYDERABAD,4,cghs jabalpur,3,cghs jaipur,5,cghs kanpur,2,cghs kolkata,2,cghs lucknow,2,CGHS MEERUT,4,cghs mumbai,4,cghs nagpur,2,cghs patna,2,CGHS plastic cards,8,cghs pune,1,cghs ranchi,2,cghs rates,41,cghs trivendrum,2,CGWB,3,Child Care Leave,28,Children Education Allowance,27,CIP(IW),1,Citizen Charter,2,Civil Accounts Organisation,33,Civil Services Examination,16,cleanliness pledge,2,cmss,1,Coal Pilot Allownace,2,Collection of Order,1,Commercial Duty Allowance,2,Commercial Employment after Retirement,9,Commutation of Pension,24,commuted Leave,6,compassionate appointment,52,Compensatory allowance,2,Compensatory Leave,3,Composition of 7th CPC,9,Compulsory Retirement,9,computer advance,4,computer help,7,Confederation 7th cpc memorandum,3,confirmation,3,Constant Attendant Allowance,5,Consumer Price Index,4,Contingent Employee,5,Contract Labour,79,Conveyance Allowance,1,Court Order,69,CPAY,1,CPF Pensioner,21,CPGRAMS,9,CPMA,2,CPMF,86,CPSE,99,cpse ida,37,CS(MA) Rules,59,cscs,10,CSD,33,CSS,32,CSSS,11,cvc,57,Cycle Maintenance Allowance,3,DA from 01-07-2011,3,DA from Jan 2012,5,DA from Jan 2013,16,DA from Jan 2014,22,DA from Jan 2015,16,da from Jan 2016,10,DA from Jan 2017,4,da from Jul 2012,13,DA from Jul 2013,16,da from jul 2014,11,DA from Jul 2015,9,DA from Jul 2016,13,Daily Allowance,11,Damage Rate,1,DAPWA,1,Data Entry Operator,5,Database of Employees,2,date of next increment,23,DCMAF,4,DCRG,5,Dearness Allowance,139,Dearness Pay,2,Dearness Relief,66,Debt Recovery Tribunals,2,Defence Civilian Employees,72,Defence personnel,407,Dental Clinics,1,Department Canteen,19,Deputation,53,dgqa,1,Dictionary,3,Digital Signature Certificates,1,Direct Tax Code,2,Directorate of Estates,73,Disability Pension,41,Disciplinary Authority,20,DIT,9,Divorced Daughter,1,DNI falls Feb-Jun,7,doppw,3,DOPT,39,DoPT Order,311,Double HRA,5,Double Tpt Allowance,1,dpc,21,Draftsmen,3,DRDO,5,e-awas,6,e-filing,25,E-Governance,12,e-IPO,1,E-office,11,e-payment,20,E-Revision,13,e-samarth,2,Earned Leave,6,ECHS,71,ECI,1,EDLI 1995,4,edp allowance,1,EDP Cadre,7,Education,83,Ekta Diwas,2,Election,22,Eligibility of Teacher,10,email Policy,1,emergency treatment,5,Empanelment under CSMA Rules,21,Employee Pension Scheme,19,Employees Deposit Linked Scheme,1,Engineering Cadre,19,eNPS,4,Entry Pay on Promotion,21,EPFO,115,EPFS 1952,40,ERS,3,ESIC,23,eTDS return,15,EVC,5,ex-gratia,23,Ex-India Leave,4,Ex-Indian Coast Guards,1,EX-SERVICEMAN,520,Excel Tips,5,Exemption from Return Filing,10,Expected DA,70,Extension in Service,3,extraordinary pension,15,Facilitation Fee,1,Family Pension,173,Family Planning Allowance,6,FAQ,70,Festival Offer,6,Fin Min Order,69,Finance Act 2013,1,Financial year 2012-13,2,Firefighting Staff,1,Fitment Formula,48,fixed medical allowance,36,Flexible Complementing Scheme,2,Flying Training,1,Foreign Allowance,2,Foreign Visit,8,form 14,1,Form 16,3,Form 16A,2,Form 25,3,Form 26AS,2,Forms,58,Forwarding of Application,2,FR 15(a),2,FR 22,3,FR 26,1,FR 29,1,FR 35,1,FR 46B,1,FR 49,1,FR 56,15,Freedom Fighter Pension,19,Fundamental Rules,2,GAMS,1,Gandhi Jayanti,10,GAR-23,1,GDS,52,General Pool,57,Geological Survey of India,4,GFR,21,Government Holiday Calendar,36,Govt accommodation,103,Govt Tour,32,gpf,41,Grade pay of SO,43,Grameen Bank,2,Grant-in-aid,1,Gratuity,25,Gratuity Limit for Income Tax,3,greetings,4,group A,86,Group D,56,Guest House,15,Hard Area Allowance,6,Hard Station,2,Headquarter Allowance,1,health insurance scheme,16,hearing aid,3,Hierarchy,41,High Court Order,55,Higher Education,32,Hindi Incentive,5,Holiday Homes,37,Honorarium,20,Hostel Facility in Universities,1,Hota Committee,1,House Rent Allowance,12,Housing Loan,1,HRA,31,IBA,27,Immovable Property Return,58,Implementation of 7th CPC,497,incentive for higher qualifications,1,Incentive for NER,3,Incentive to Sportsperson,9,Income Tax Exemption Limit,104,INCOME TAX,264,Income tax calculation,16,Indemnity Bond,1,Independence Day,2,India Water Week,1,INDU,4,Industrial Trades,16,Inquiry Officer,9,insurance scheme,10,Intelligence Agencies,3,Interest of EPF,22,Interest of GPF,13,interest rate,23,Interim Relief,60,Internet facility to officer,1,Internship,2,Invalid Pension,3,Investment,2,IPv6,2,IRCTC,37,IRTSA,27,IT Cadre Restructuring,23,IT Return,45,Jawahar Navodaya Vidyalaya,11,JCM,299,Jeevan Pramaan,42,Joining Time,6,Kashmir Valley Special Concession,6,KBC,2,kendriya bhandar,2,Kendriya Vidyalaya Sangathan,155,Kilometreage Allowance,2,Kisan Vikas Patra,3,KV Admission Guidelines,21,KV Uniform,7,KYC,1,Lab Technician,10,Labour Bureau,4,Labour Laws,16,lactating mother allowance,1,LARGESS,3,LDC-UDC,79,LDCE/GDCE,24,Leave Encashment,11,leave management system,2,Legal Fee,1,Librarian,2,LIC,1,Licence Fee,12,Lien,3,Life Certificate,52,List of Holidays for year 2012,2,List of Holidays for year 2013,8,List of Holidays for year 2014,10,List of Holidays for year 2015,17,List of Holidays for year 2016,11,List of Holidays for year 2017,2,List of Posts,5,Liver Transplant Surgery,1,Liveries,1,loan advances,29,Loans and advances by Central Government,3,lodge complaints,2,Lok Sabha QA,42,lokpal,59,LTC,105,ltc to AN,8,LTC to JK,29,ltc to NE,22,LTC-80 Fare,17,MACP,152,Major Penalty,8,Married Accommodation Project,2,Maternity Leave,5,Medical Charges Reimbursement Bill Form,16,medical decategorization,2,Medical Examination of Group A Officers,3,Medical Professional,36,Memorandum to 7th cpc,82,merger of da,127,merger of grade pay,28,merger of post,11,Min HIPE,1,minimum wages,81,Ministerial Staff,32,Minor Penalty,5,Minority Community,1,Missing Family Member,6,Model School Organization,1,modified parity in pension,38,MOHALI HOUSING COLONY,3,Movable Property Return,49,MTNL,9,Multi Tasking Staff,15,NAC,65,national council meeting,10,National Holiday Allowance,4,National Level Monitors,1,National Mascot Design,1,National Pension System,94,NC JCM Memorandum to 7th CPC,30,NCH,1,NDG ESM Pensioner,1,new pension scheme,195,New Pension System,32,News,136,NFIR,3,NFSG,16,Night Duty Allowance,19,Nivaran,1,NLM,1,No Demand Certificate,1,Nomination Forms,4,Non-functional Upgradation,13,Notice for Pensioners,30,NPA,11,NSC,6,NSSF,3,Nursing Allowance,10,Nursing Institutions,6,Nursing Staff,2,nutritious dietary allowance,2,obc,31,office procedure,10,office space,5,Office Timing,43,Official Directory,1,Official Language Cadre,5,Official Secret Act,1,Officiating Pay,3,One Rank One Pension,354,Online Survey,1,ordnance factory,68,OROP Order,30,OTA,16,Outsourcing,7,Overpayment,7,PAC Recommendation,1,PAINTING,2,PAN,12,Paramilitary Allowance,3,Parangat,2,Passport,17,Paternity Leave,3,Patient Care Allowance,11,pay,8,Pay Anomaly,38,Pay Fixation,118,Payroll,4,PCDA Order,53,Pension,534,Pension Adalat,14,Pension Disbursement,52,Pension Form,7,Pension Revision,179,Pensioner Grievances,58,Pensioner I-Card,11,Pensioner Portal,113,Pensioners associations,125,pensioners retired prior to 1.1.2006,146,Permanently disabled children,15,person with disability,75,Personal Pay,3,Personal Staff to Minister,5,PF Scheme,3,PFRDA Bill 2011,20,pgportal,2,pharmacist,2,Physical Training Instructor,1,PIB,4,Piece work calculation,3,Piece work incentive,5,Piece Work Profit,2,Piece Work Rates,3,Piece Work System,3,PLB,40,Pledge,7,PLR Scheme,1,post office,143,PPF,13,PPF Scheme,8,PPO,48,Pragati,5,Pre-1996,4,Pre-2006,55,Pre-2016 Pensioners,30,pre-retirement counselling,17,Presenting Officer,1,Principal CAT,2,PRIS,20,probation,6,Project Dantak Bhutan,3,Promotions,110,Provisional Pension,7,public grievances,7,Public Provident Fund,8,punctuality,1,Qualification Pay,4,qualifying service,31,Railway Concession Form,3,Railway Servants (Pass) Rules,12,Railways,679,Railways Training Centre,6,Rajbhasha,34,Rajya Sabha QA,38,Rank Pay,22,Ration Money Allowance,5,RBI Circular,14,Re-employed ex-serviceman,51,Receipt Payment Rules,12,Recovery,9,Recruitment,160,Recruitment rules,155,Refreshment Rates,1,RELHS,7,Reply to 7th CPC,12,requisition to SSC,3,reservation,123,residency period,3,Resignation,7,Rest Allowance,1,Retired Employee,46,Retired officers as Consultant,13,Retirement Adviser,1,retirement age,77,Retirement Road Map,54,review of records,2,revised pay rules,30,Right to Information Act 2012,4,Right to Information Act 2017,2,Right to Public Service Act,1,Risk Allowance,18,roster,2,Rotational Transfer Policy,12,Rounding Off,2,RTI,68,RTI Call Centre,4,rti online certificate course,2,Rule 10,1,Rule 16(3),1,running staff,20,Safai Karamcharies,1,Sainik School,2,Salary Disbursement,21,Sankalp,27,Sanskriti Schools,3,SAS Examination,7,Saving Bank Allowance,2,sc,22,scholarship Scheme,4,Schools,8,Scientific and Technical Posts,12,Scouts-Guides,2,SCOVA,63,Self attestation,7,Self-certification,7,Senior Citizens,21,Seniority,16,Sensitive Posts,2,Service Book,14,Service Verification,6,Seventh Pay Commission,1258,Seventh Pay Commission Report,112,Sexual Harassment,24,Shramev Jayate,1,shunting duty allowance,2,Sitting Fee Allowance,2,small saving scheme,41,social Media,17,Sparrow,1,Special Allowance,5,Special Casual Leave,6,Special Disturbance Allowance,1,Special Duty Allowance,2,sports-person,30,SSC,11,st,18,Staff Benefit Fund,4,Staff Car Driver,6,Staff Selection Commission,1,Stagnation,6,State Govt Employees,1,Station Leave Permission,4,Stenographer,1,Stents,2,Stepping up of Pay,22,Stiching Charges,2,Stipend,6,Storekeeping Staff,2,Strike,216,Study Leave,6,Substitute Employee,1,summer vacation,2,Sumptuary Allowance,2,Superannuation,6,surplus employee,3,suspension,11,Swantah Sukhaya,2,Swavalamban,30,TA Rules,5,Tatkal Tickets,26,tax,2,Tax Free Bonds,1,TDS,35,TDS Rates,11,technical resignation,5,telephone facility,1,temporary employee,6,Terms and condition,1,Toll Free Number,1,Touring Officer Hostel,14,Trade Apprentices,10,train,117,Training Allowance,6,training policy,35,Transfer Policy,63,Transport Allowance,21,Travelling Allowance,35,tribal area allowance,2,Trip Allowance,2,Uniform Allowance,2,Unit Run Canteen,23,Upgradation of Post,39,UPSC,20,vacancies,28,Veteran Commission,2,Vigilance Clearance,11,Voluntary Retirement,20,Wages,13,Washing Allowance,5,whistle-blowers,7,Widowed Daughter,2,Women Employees,41,Yoga,7,Youth Hostel,3,Zila Saink Board,5,वेतन आयोग,161,
ltr
item
Central Government Employee News and Tools: Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases - DoPT Order
Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases - DoPT Order
Central Government Employee News and Tools
http://www.staffnews.in/2012/11/guidelines-for-monitoring-and.html
http://www.staffnews.in/
http://www.staffnews.in/
http://www.staffnews.in/2012/11/guidelines-for-monitoring-and.html
true
3718188640253144573
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy