Handling of Disciplinary Proceedings in respect of Central Civilian employees

To view Department of Personnel and Training OM No.DOPT-1711452233125 dated 26th March, 2024 please Click Here.

Promotion of Government servants through Limited Department Competitive Examination against whom disciplinary/criminal prosecution are pending

To view please Click Here.

Irregular withholding of Gratuity/Pensionary benefits on account of disciplinary proceedings, etc – clarification thereon

No. 4-1/2014-Pen. Government of India Ministry of Communications Department of Posts (Pension Section) Dak Bhavan, Sansad Marg New Delhi – 110 001 7th December,2018  To Head of Circles/Regions Sub: Irregular withholding of Gratuity/Pensionary benefits on account of disciplinary proceedings, etc – clarification thereon Madam/Sir, I am directed to refer to this Department’s letter of even number dated 25.03.2014 on the above subject vide which clarifications had been issued with regard to irregularly withholding of gratuity/pensionary benefits on account of disciplinary proceedings, etc. A copy of the same is again enclosed for ready reference. 2. However, it has been observed that despite issue these instructions, Department is still receiving proposals in which only on the basis of a complaint where a preliminary inquiry has been instituted, the regular pension/gratuity has been withheld after retirement In some cases, it was seen that the employee while in service had been found primary offender or subsidiary offender during inquiry although no chargesheet (either under Rule 16 or under Rule 14 of CCS(CCA) Rules, 1965) had been issued to him and pension/gratuity is withheld, which are not in consonance with the CCS (Pension) Rules, 1972. Also in some cases, the pensionary benefits had been withheld as the Rule 16 (Minor penalty chargesheet) that had been issued to him/her while in service had not been decided. In all these cases, the withholding of pensionary benefits is against the provisions and the interest payable in such cases for delayed payment of gratuity will have to be recovered from the officials responsible. 3. In view of above, it is considered appropriate that all cases where gratuity have been withheld may be scrutinized to ensure that provisions of relevant rules have been followed. Therefore, your are requested to issue instructions to concerned authorities to undertake scrutiny of cases where dues have been currently withheld and to take corrective action in case of any violation of provisions CCS(Pension)Rules, 1972. A list of such cases where the gratuity has been withheld without justification may be furnished to this Department for information by 7th January 2019. This is issues with the approval of competent Authority. Yours faithfully SD/- (Tarun Mittal) Asstt. Director General (Pension)

Timely completion of Disciplinary proceedings / departmental inquiry proceedings - improvement in vigilance administration

To view, please CLICK HERE. 

Disciplinary proceedings against the Official / Officers....Dte Instructions

To view, please CLICK HERE. 

DAY BY DAY HEARINGS ON DISCIPLINARY VIGILANCE INQUIRIES-DOPT

372/3/2007-A VD-III (VoL. 10)

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 35 of the Committee’s Report on conduct of hearings on a day to day basis – Acceptance by Government – reg.

The undersigned is directed to say that the Government had appointed a Committee of Experts to review the procedure for Disciplinary/Vigilance Inquiries and recommend measures for their expeditious disposal. The Committee comprised the following:

(i) Shri P.C. Hota, Former Chairman, UPSC ——- Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT –—– Member
(iii) Shri P. Shankar, former CVC –—– Member.

2. The Expert Committee has, in para 35 of its Report, recommended that “as far as practicable, an Inquiry Officer should conduct the hearing on a day-to-day basis to complete the Inquiry expeditiously. Each Inquiry Officer should be required to maintain an order sheet to record proceedings of the inquiry on the day of Inquiry and other relevant matters. if the Inquiry cannot be conducted on a day-to-day basis, the Inquiry Officer should record in the order sheet the reasons why the Inquiry could not be held on a day-to-day basis.”

3. The aforesaid recommendation of the Hota Committee has been considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary and, as recommended by the CoS, the recommendation has been accepted by the Government.

4. Accordingly, it has been decided that once a regular hearing in a departmental proceeding is started, such bearing should, as far as practicable, be continued on a day to day basis, unless in the opinion of the IO, for the reasons to be recorded in writing, an adjournment is unavoidable in the interest of justice.

5. The above decision of the Government is brought to the notice of all Ministries/Departments for strict compliance.

sd/-

(V.M. Rathnam)

Deputy Secretary to the Govt. of India

Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee).

372/3/2007-AVD-111 (Vol. 10)

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 135 of the Committee's Report on submission of draft charge sheet while seeking first stage advice of CVC, etc. - Acceptance by Government - reg .

The undersigned is directed to say that the Government had appointed a Committee of Experts to review the procedure for Disciplinary/Vigilance Inquiries and recommend measures for their expeditious disposal. The Committee comprised the following:

(i) Shri P.C. Hota, Former Chairman, UPSC Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT Member
(iii) Shri P. Shankar, former CVC Member.

2. The Expert Committee has, in para 135 of its Report, made the following recommendation:-
"135.(a)We have noted that even after approval of the Disciplinary Authority to initiate a Disciplinary Inquity, a lot of time is taken by the Department/Ministry to frame the Articles of Charge against a delinquent Government Servant.

(b) We recommend that to eliminate delays in framing the Articles of Charge, the official file submitted to the Disciplinary Authority to initiate a Departmental Inquiry must have a copy of the draft Articles of Charge along with the imputations in support and a list of witnesses and documents. Such action before approval of the Disciplinary Authority is obtained to initiate a Departmental Inquiry against a delinquent Government Servant, would ensure timely framing and service of the Articles of Charge. We also recommend that when a case is sent to the CVC for its first stage advice, the Articles of Charge, complete in all respects, must be submitted to the CVC.

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 recommended acceptance of the aforesaid recommendation. Accordingly, the above recommendation of the Hota Committee has been accepted by the Government and it has been decided that all Ministries/Departments shall henceforth ensure that whenever a disciplinary case file is submitted to the Disciplinary Authority, seeking the approval of the Disciplinary Authority for initiation of departmental proceedings against a government servant, a draft of the articles of charge, complete in all respects, along with the imputations in support and the list of witnesses and documents, shall be submitted to the Disciplinary Authority for its consideration. Similarly, whenever a case is referred to the Central Vigilance Commission for its first stage advice, a draft of the articles of charge, complete in an respects, as proposed by the Ministry/Department, shall be submitted to the CVC for its consideration.

4. The above decision of the Government is brought to the notice of all Ministries/Departments for strict compliance.

sd/-

(V.M. Rathnam)

Deputy Secretary to the Govt. of India

CVC direction on fast tracking of corruption cases

New Delhi, Dec 7 (PTI) The Central Vigilance Commission today decided do away with second stage consultation, a process of taking advice before imposing punishment on a corrupt official, and directed all enquiries should be done at one go.

The Commission is being consulted at two stages in vigilance cases or disciplinary proceedings -- first advice is obtained on the investigation reports and then advice is obtained before a final decision is taken at the conclusion of the proceedings.

Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases - reg.

To view original memo issued  by Department of Personnel & Training vide OM No.425/04/2012-AVD-IV(A) dated 29th November, 2012, please CLICK HERE.

COMPLAINTS COMMITTEE SHALL BE DEEMED AS INQUIRY AUTHORITY UNDER RULE 14 IN SEXUAL HARRASMENT CASES

Department of Personnel and Training Office Memorandum No 11013/3/2009-Estt.(A) dated 21.7.2009

Subject : CCS (Conduct) Rules, 1964 - Guidelines regarding prevention of sexual harassment of working women in the workplace.

The undersigned is directed to refer to Department of Personnel and Training O.M. No. 110,13/10/97-Estt. (A) dated 13.02:1998 and 13.07.1999, O.M. No. 11013/11/2001-Estt. (A) dated 12.12.2002 and 04.08.2005 and O.M. No. 11013/312009-Estt.(A) dated 02.02.2009 on the abovementioned subject and to say that it is necessary to have in place at all times an effective Complaint Mechanism for dealing with cases of sexual harassment of working women and to create awareness in this regard, particularly amongst working women. The salient features of the Complaint Mechanism and inquiry procedure are as follows :-

(i) Rule 3 C of the CCS (Conduct) Rules, 1964 provides that no Government servant shall indulge in any act of sexual harassment. of any women at her work place. Every Government servant who is incharge of a work. place shall take appropriate·stepste prevent sexual harassment to 'any woman at ,such work place, "Sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise, as --

(a) Physical contact and advances;

(b) demand or request for sexual favours;

(c) sexually coloured remarks;

(d) showing any pornography; or /

(e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

(ii) Whether or: not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the. employer's organization. for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.

(iii)The complaint mechanism should be adequate to provide, where necessary, a Complaints Committee, a special councellor or other support 'service, including the maintenance of confidentiality.

The Complaints Committee should be headed by a woman and not less than half of its member should be women Further to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.

The employers and perso'n' in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

(iv) The Committee constituted for redressal of the complaints by the victims of sexual harassment should be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations.

(v) The Complaints Committee, established in each Ministry or Department or Office for inquiring into complaints of sexual harassment shall be deemed to be the inquiring Authority appointed by the Disciplinary Authority and that the Complaints Committee shall hold, if no separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into such complaints,the inquiry, as for as practicable in accordance with the procedure laid down in the said rules.{In 2004,a proviso was added to rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (copy enclosed) to this effect].

(vi) The Complaints Committee in terms of Cabinet Secretariat's Order No. 1 dated 26.09.2008 will inquire into complaints made against officers of the level of Secretary and 'Additional Secretary and equivalent level in the Government of India in the Ministries/Departments and Organisations directly under the control of the Central Government (other than the Central PSUs) The existing Complaints Committee established in each Ministry or Department or Office will, inquire into complaints of sexual harassment against only those Government servants who are not covered by the Cabinet Secretariat's Order NO.1 dated 26.09.2008.

(vii). It may be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee be also posted on the websites of the concerned Ministries/Departments/Offices concerned.

3. All Ministries/Departments are requested to bring the foregoing to the notice of all concerned.

PROVISIONS OF RULE 14(2) OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, 1965

14(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof.

Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964, the complaints Committee established in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed.

Source : Department of Personnel and Training Memo dated 21.7.2009