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
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.