189. Knowledge Spectrum – Discipline – ACTION ON INQUIRY REPORT 106
329. What are the illustrative circumstances when the cases may be remitted to the Inquiring Authority for Further inquiry?
Illustrative circumstances where the Disciplinary Authority may remit the case to the Inquiring Authority for further Inquiry are as under:
(a) Where the Inquiring Authority has failed to ask the mandatory question under Rule 14(18) of the CCA Rules or any other corresponding rule under which the inquiry was held
(b) Where the Inquiring Authority has disallowed the additional document or witness demanded by the Charged Officer and in the opinion of the Disciplinary Authority the disallowed document or witness is relevant for the purpose of defence
(c) Where the inquiry Authority has rejected the request for engaging a defence assistant from outstation and in the opinion of the Disciplinary Authority the request of the Charged Officer is justified
(d) Where the ex-parte proceedings were initiated due to absence of Charged Officer and later on when the charged Officer was prevented from participating in further proceedings on the plea that ex-parte inquiry had commenced.
330. What is the Procedure for consultation with the Central Vigilance Commission before deciding upon the quantum of penalty?
Based on the recommendations of the Group of Ministers which considered the report of the Hota Committee, it has been decided to dispense with the second stage advice of CVC in respect of cases wherein consultation with UPSC is required. DoP&T OM No. No.372/19/2011-AVD-111(Pt.1) dated 26 Sep 2011 refers. Presently second stage consultation with CVC is being done only in respect of cases where consultation with UPSC is not required as per extant rules/instructions.
331. What will happen in cases of incompatibility of the level of the Disciplinary Authority who had issued charge sheet and the kind of penalty proposed to be imposed?
Authority who issued charge sheet
Authority who is to impose penalty
Penalty proposed to be imposed Major Penalty
Authority competent to impose Major Penalty Authority competent to impose Major Penalty
Minor Penalty
Authority competent to impose Major Penalty Authority competent to impose Major Penalty OM No. 6/26/60-Ests.(A) dated 18 Jun 1962 Authority competent to impose Major Penalty Authority who is competent to impose only Minor Penalty
Major Penalty
Authority who is competent to impose only Minor Penalty Authority who is competent to impose only Minor Penalty
Minor Penalty
332. If the Disciplinary Authority is of the opinion that no penalty is to be imposed on the Charged Officer, is it still required to pass an order to the effect?
Although Rule 15 of the CCA Rules mentions the passing of only the orders imposing penalty, it is desirable that the statutory proceedings are brought to a conclusion through a formal orders. This will go a long way in relieving the Charged Officer of the agony and trauma suffered since the issue of Charge Sheet.
It is significant to note that P&T Manual has a specific provision to the above effect
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