Handbook for Inquiry Officers and Disciplinary Authorities
INSTIUTE OF SECRETARIAT TRAINING & MANAGEMENT
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES & PENSIONS
(GOVERNMENT OF INDIA)
Admnistrative Block, J.N.U Campus (Old) New Delhi 110067
Umesh Kumar
Director R
FOREWORD
In pursuance of the recommendations of the Committee of Experts which was set up to review the procedure of Disciplinary/Vigilance Inquiries, the Department of Personnel and Training (DOPT) had directed the Institute of Secretariat Training and Management to bring out an updated Handbook for Inquiry Officers and Disciplinary Authorities. Shri Sethu Ramalingam an Ex-Faculty of ISTM in vigilance matters who was entrusted with this work submitted the draft of the handbook well in time. Though every care has been taken to ensure the accuracy and correctness of the contents in the handbook, yet, in case the readers come across any errors or omissions, they may kindly bring the same to the notice of this Institute. Any comments or suggestions for the improvement of this handbook will be gratefully appreciated.
2. I am very happy to place this handbook in the hands of various users and readers. This Institute is thankful to the consultant and concerned divisions of DOPT for guiding the process of preparation of the handbook.
sd/-
(Umesh Kumar)
Di rector
New Delhi
Date : 25/09/2013
HANDBOOK FOR
INQUIRY OFFICERS AND
DISCIPLINARY
DISCIPLINARY
AUTHORITIES
INDEX
| Chapter
No. |
TITLE | Page
Number |
| 1. | Disciplinary Proceedings: Context and Overview | 1-2 |
| 2. | Role of Disciplinary Authorities | 3-8 |
| 3. | Constitutional Provisions Relating to Disciplinary Proceedings | 9-16 |
| 4. | Principles of Natural Justice | 17-24 |
| 5. | Scope and Extent of Applicability of CCA Rules | 25-31 |
| 6. | Handling Complaints | 32-34 |
| 7. | Preliminary Investigation | 35-40 |
| 8. | Action on Investigation Report | 41 |
| 9. | Consultation with Central Vigilance Commission | 42-56 |
| 10. | Suspension | 57-71 |
| 11. | Minor Penalty Proceedings | 72-75 |
| 12. | Drafting and Issue of Charge Sheet | 76-87 |
| 13. | Appointment of Inquiring Authority and Presenting Officer | 88-91 |
| 14. | Functions of Inquiry Officer | 92-100 |
| 15. | Role and Functions of the Presenting Officer | 101-110 |
| 16. | Defence Assistant | 111-113 |
| 17. | Conduct of Inquiry | 114-123 |
| 18. | Brief of the Presenting Officer | 124-131 |
| 19. | Evaluation of Evidence | 132-138 |
| 20. | Ex-Parte Inquiry | 139-143 |
| 21. | Post Retirement Proceedings | 144 -154 |
| 22. | Common Proceedings | 155-157 |
| 23. | Borrowed and Lent Officers | 158-159 |
| 24. | Report of Inquiring Authority | 160-166 |
| 25. | Action on Inquiry Report | 167-172 |
| 26. | Consultation with the UPSC | 173-176 |
| 27. | Quantum of Penalty | 177-184 |
| 28. | Speaking Orders | 185-190 |
| 29. | Appeal, Revision and Review | 191-200 |
| 30. | Action on Receipt of Court Orders | 201-204 |
| 31. | Scope of Judicial Scrutiny | 205-213 |
| 32. | Sample Forms | 214-239 |
COMMENTS