CESA MUMBAI: October 2013

372/3/2007-AVD-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 48 of the Committee's

Report on conclusion of major penalty proceedings within a period of 18

months - 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 Negligence Inquiries and recommend measures for their expeditious disposal. The Committee comprised the following:

(i) Shri P.C. Hota, Former Chairman, UPSC ---- Chairman

(ii) Slid Arvind Varma, Former Secretary, DoPT ---- Member

(iii) Shri P. Shankar, former CVC ---- Member.

2. The Expert Committee has, in para 48 of its Report, made the following

recommendation:-

"48. For major penalty Inquiries as envisaged in Article 311(2) of the Constitution, where the Inquiry Officer has to do a detailed inquiry into the Articles of Charge by examination of witnesses both of the Presenting Officer and of the delinquent Government Servant and where relevant documents have to be examined/exhibited for a just decision in the case, the maximum time could be twelve months from the date of service of the Articles of Charge before the case records are referred to the UPSC for advice under Article 320(3)(c) of the Constitution. Hopefully, if the UPSC takes a maximum period of five to six months to give its considered advice, the Disciplinary Inquiry for a major penalty can be concluded within a maximum period of eighteen months from the date of service of Articles of Charge on the delinquent Government Servant till the date of the final order by the Disciplinary Authority, after consultation with the UPSC. (Elsewhere in this Report, we have recommended that the CVC's second stage advice may be dispensed with because of reasons mentioned by us. We would like to leave it to the best judgment of the UPSC to devise methods for reducing the time taken by it in rendering its advice under Article 320(3) (c) of the Constitution.)".

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, inter alia, taken note of the fact that, vide DoPT's 0.M.No.372/19/2011-AVD-111(Pt.1) dated 26th September, 2011, the second stage consultation with the Central Vigilance Commission has already been dispensed with and that it is only in cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC is now necessary. The CoS also took note of the fact that the introduction of a single window system in the UPSC to accept files regarding major penalty proceedings has led to considerable reduction in time taken to conclude major penalty proceedings. The CoS has accordingly recommended that the recommendation of the Hota Committee in para 48 of its report as referred to above may be accepted. The recommendation has accordingly been accepted by the Government and it has been decided that all Ministries/Departments shall ensure that all major penalty proceedings against government servants under their control are completed and final orders are passed by the concerned Disciplinary Authority within 18 months from the date of delivery of charge-sheet on the delinquent government servant.

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

(V.M. Rathnam)

Deputy Secretary to the Govt. of India

Tel: 23094637

All Ministries/Departments of the Government of India

Copy to: Sr. Tech. Director, NIC, DoPT for uploading on the website of DoPT.

372/3/2007-AVD-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 DisciplinaryNegligence 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, Fortner 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 hearing 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.

(V.M. Rathnam)

Deputy Secretary to the Govt. of India

Tel: 23094637

All Ministries/Departments of the Government of India

Copy to: Sr. Tech. Director, NIC, DoPT for uploading on the website of DoPT

phailins

WHEN NATION WAS BUSY TO CELEBRATE DURGA PUJA & DUSHERA

EAST COAST OF OUR COUNTRY FACING FURRY OF NATURE AS PHAILINS STRUCK THERE.

AT AROUND 7.55 PM IT LANDED AT SRIKAKULAM DISTRICT OF AP THEN AT GOPALPUR AT 9.00 PM IT REMAINS THERE FOR FEW HOURS. WITH HIGH VELOCITY WINDS AND HEAVY RAINS. IT IS DUE TO UNDAUNTD SPIRIT OF THE MEDIA, ARMED FORCES LOCAL AUTHORITIES AS WELL AS GOVT CAUTIONED EVERYONE TIMELY AND SAVED LIVES.

HOWEVER, THE LOSS CAUSED DUE TO THE PHAILINS ONLY TIME WILL TELL THE EXACT QUANTUM 13 DISTRICTS OF ODISHA & 1 DISTRICT OF AP SUFFERED THE DAMAGE.

CESA SALUTE TO THE OFFICER INCHARGE WHO ENABLED MACHINERY TO WORK IN EXTREEM DIFFICULT CONDITIONS WITHOUT CARING THEIR LIVES CARED FOR OTHERS. THE LIGHT HOUSE TEAM IN GOPALPUR BEACH SHRI G. K. PRAMOD, & HIS TEAM THEY REMAINED INSIDE THE LIGHT HOUSE DURING THE CRISES STRUCK AND KEPT INFORMED THEIR HEAD OFFICE AT KOLKATTA THORUGHOUT THE NIGHT.

OUR PRAYERS AND GOOD WISHES LISTENED AND MACHINERY ACTED TIMELY

IT SAVED SO MANY LIVES.

CESA MUMBAI

CESA MUMBAI

Thursday, October 31, 2013

Diwali Greetings from CESA Mumbai

Wednesday, October 30, 2013

Thursday, October 24, 2013

SAD NEWS

Recommendations of the Committee of Experts on Disciplinary & Vigilance inquiries (Hota Committee) - Para 35 & 48

Tuesday, October 15, 2013