Handbook for Inquiry Officers and Disciplinary Authorities

INSTIUTE OF SECRETARIAT TRAINING & MANAGEMENT

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES & PENSIONS

(GOVERNMENT OF INDIA)

Admnistrative Block, J.N.U Campus (Old) New Delhi 110067

Umesh Kumar

Director R

FOREWORD

In pursuance of the recommendations of the Committee of Experts which was set up to review the procedure of Disciplinary/Vigilance Inquiries, the Department of Personnel and Training (DOPT) had directed the Institute of Secretariat Training and Management to bring out an updated Handbook forInquiry Officers and Disciplinary Authorities. Shri Sethu Ramalingam an Ex-Faculty of ISTM in vigilance matters who was entrusted with this work submitted the draft of the handbook well in time. Though every care has been taken to ensure the accuracy and correctness of the contents in the handbook, yet, in case the readers come across any errors or omissions, they may kindly bring the same to the notice of this Institute. Any comments or suggestions for the improvement of this handbook will be gratefully appreciated.

2. I am very happy to place this handbook in the hands of various users and readers. This Institute is thankful to the consultant and concerned divisions of DOPT for guiding the process of preparation of the handbook.

sd/-

(Umesh Kumar)

Di rector

New Delhi

Date : 25/09/2013

HANDBOOK FOR

INQUIRY OFFICERS AND DISCIPLINARY

AUTHORITIES

INDEX

Chapter No.	TITLE	Page Number
1.	Disciplinary Proceedings: Context and Overview	1-2
2.	Role of Disciplinary Authorities	3-8
3.	Constitutional Provisions Relating to Disciplinary Proceedings	9-16
4.	Principles of Natural Justice	17-24
5.	Scope and Extent of Applicability of CCA Rules	25-31
6.	Handling Complaints	32-34
7.	Preliminary Investigation	35-40
8.	Action on Investigation Report	41
9.	Consultation with Central Vigilance Commission	42-56
10.	Suspension	57-71
11.	Minor Penalty Proceedings	72-75
12.	Drafting and Issue of Charge Sheet	76-87
13.	Appointment of Inquiring Authority and Presenting Officer	88-91
14.	Functions of Inquiry Officer	92-100
15.	Role and Functions of the Presenting Officer	101-110
16.	Defence Assistant	111-113
17.	Conduct of Inquiry	114-123
18.	Brief of the Presenting Officer	124-131
19.	Evaluation of Evidence	132-138
20.	Ex-Parte Inquiry	139-143
21.	Post Retirement Proceedings	144 -154
22.	Common Proceedings	155-157
23.	Borrowed and Lent Officers	158-159
24.	Report of Inquiring Authority	160-166
25.	Action on Inquiry Report	167-172
26.	Consultation with the UPSC	173-176
27.	Quantum of Penalty	177-184
28.	Speaking Orders	185-190
29.	Appeal, Revision and Review	191-200
30.	Action on Receipt of Court Orders	201-204
31.	Scope of Judicial Scrutiny	205-213
32.	Sample Forms	214-239