190. Knowledge Spectrum – Discipline – ACTION ON INQUIRY REPORT 107
333. What is the procedure for forwarding copy of the Inquiry Report and other documents to the Charged Officer?
The following documents are to be made available to the Charged officer who may also be provided with an opportunity to make representation against the contents:
(a) Copy of the Inquiry Report
(b) Copy of note of disagreement, if any, of the Disciplinary Authority with the
conclusions of the Inquiring Authority
(c) Advice of the CVC where applicable
334. What precaution is necessary while forwarding the Inquiry Report to the Charged Officer?
Rule 15(2) of the CCA Rules which provides for forwarding the copy of the Inquiry Report to the Charged Officer prescribes that the Disciplinary Authority should forward its own tentative reasons for disagreement if any. The use of the word tentative makes it clear that the Disciplinary Authority should keep an open mind. This attitude of the disciplinary authority should manifest in its communication as well. This aspect has been explicitly highlighted in the DoPT OM No. F.NO.11012/12/2010-Estt. (A) dated 12 November 2010 in the following words:
"All Ministries/Departments are therefore, requested to ensure that the communication forwarding 'the IO's report etc. does not contain phrases such as 'Article of charge is fully proved' or 'Article of charge is fully substantiated' which could be construed to mean that the disciplinary authority is biased even before considering the representation of the charged officer and this would be against the letter and spirit of the CCS (CCA) Rules, 1965."
335. What is the time limit for passing of final order?
In this connection, Deptt. Of Personnel & Training OM No. 11012/21/98-Estt. (A) dated 11th November, 1998 OM Provides as under:
"In the OM No. 39/43/70-Estt. (A) dated 08.01.1971, it has been envisaged that it should normally be possible for the disciplinary authority to take a final decision on the enquiry report within a period of three months. In cases where it is felt that it is not possible to adhere to this time limit, a report may be submitted to the next higher authority indicating the additional period required and reasons for the same. It should also be ensured that cases involving consultation with the CVC and UPSC are disposed of as quickly as possible.
Though no specific time limit has been prescribed in the above OM in respect of cases where consultation with CVC and UPSC is required, it is imperative that the time limit of three months prescribed for other cases should be adhered to in such cases after receipt of the advice of the UPSC.
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