Honorarium to Inquiry and Presenting Officers
DOPT has issued consolidated instructions regarding grant of Honorarium to Inquiry Officers (IO) and Presenting Officers (PO) taking part in the departmental enquiry conducted with employees
No.142/15/2010-AVD-I
Government of India
Ministry of Personnel,
Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated 31st July, 2012
Office Memorandum
Subject : Grant of Honorarium to Inquiry Officers (I0)/Presenting Officers (PO) –
Consolidated instructions regarding The undersigned is directed to say that the Department of Personnel and Training have issued instructions vide NO 1344/99-AVD-I dated 29th June 2001 and 7th April 2003 on the subject of honorarium to the Inqui0 Officers and Presenting Officers covering the aspects of rates of honorarium, appointment of retired officers as Inquiry Officer, terms and conditions for payment of honorarium etc from time to time. The rates of honorarium payable to IO/P0 were last revised vide this Department’s OM no 142/20/2008-AVD-I dated 27th July 2009. [copy attached in the downloadable version of this OM given below].
2. A Committee of Experts set up to review the procedure of Disciplinary/ Vigilance inquiries and to recommend measures for their expeditious disposal under the chairmanship of P.C.Hota, former Chairman of UPSC in May 2010 had made a series of recommendations in July 2010 including the rates of honorarium The detailed recommendation of the expert committee is available on the website of this Department. It can be accessed through this Link. The Committee had made specific recommendations as regards the rates of honorarium to IO/PO. The Recommendations of the Committee on the proposed increases in Honorarium relating to IO/P0 are contained in paras 37, 42-44 of the report of the Committee.
3. The recommendations of the Expert Committee on the aspect of revision of rates of honorarium along with some other related measures were examined in the Department and was placed before the Group of Ministers on Corruption, set up for examining measures,1 including legislative and administrative, to tackle corruption and improve transparency. The / Group of Ministers while considering the Terms of Reference also considered the recommendations of the HOTA Committee and recommended that the remuneration of the IOs and POs may be fixed, keeping in mind the recommendations of the HOTA Committee. These recommendations of the GOM have been accepted by the Government.
4. It has therefore been decided to revise the existing rates of honorarium payable to 10/P0 in line with the recommendations of the Expert Committee. The revised rates of Honorarium and other allowances payable to TO both serving and retired officers and PO(serving) and the terms and conditions governing the same is indicated in Annexure -1 to this OM. The rates of Honorarium stated therein are ceilings and the concerned ministry/department where the misconduct was committed may decide the exact quantum of honorarium to be paid keeping in mind the volume of work involved in specific cases and the terms and Conditions indicated in the Annexure -1.
5. The revised structure of rates of honorarium and allowances as indicated in Annexure-I are intended to be made applicable to Departmental Proceedings including inquiry proceedings undertaken by the committee on Sexual Harassment, by Ministries /Department in respect of officials /officers serving under different cadres of services under their administrative control. However, in case a cadre of a service or organizations such as autonomous bodies have a separate set of rules and instructions for regulating honorarium to IO/P0 in existence they may choose to continue with their own set of instructions. Fully or partially funded autonomous bodies may retain their own provisions so long as they are not more beneficial than what has been proposed in this OM.
6. This orders will take effect from tie date of issue of this OM and will also apply to all inquiries in progress.
7. The services of serving officers may be used as IO and PO to the extent possible in the conduct of departmental inquiries. However, Central Vigilance Commission has been requested to create and maintain a panel of retired officers/officials willing to serve as JO for conducting departmental inquiries and for this purpose also design a procedure for inviting applications from the retired Government Servants to be followed by the Ministries and Departments. Till such time such a panel of retired officers become available from CVC, the concerned ministries /departments may, where it is not possible to use the services of a serving officer as Inquiry Officer for conducting departmental inquiries, use the services of officers who have retired from Ministries/Departments, for conducting such departmental inquiries.
8. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their U.O no.14(4)/2009-E-II(B) dated 26.3.2012 and 5.6.2012.
9. Hindi Version will follow
Sd/-
(P.K.Ravi)
Under Secretary to Government of India
Annexure -1
Revised Rates of Honorarium and other allowances payable to Inquiry Officer and Presenting Officers in Departmental Proceedings and Terms and conditions of grant of honorarium.
The revised rates of honorarium payable in cases of departmental proceedings will be regulated within the range of rates indicated in the table below:
Particulars/Details | Range of Rate per case Recommended by the Committee and Accepted by the Government (Rs per case) |
||
---|---|---|---|
I(a) | 1(b) | Minimum (a) | Maximum (b) |
Honorarium | (i) 5000 | 10000 | |
(ii) 15000 | 75000 | ||
(iii) 5000 | 10000 | ||
Transport Allowance | i) IO (retired) | (i) 15000 | 40000 |
Secretarial Assistance | ii) IO (retired) | i) 30000 per case if no assistance is provided by department |
2. The grant of Honorarium in the case of serving Government servants who are appointed as part time Inquiry Officer/ Presenting Officer and retired Governments appointed as Inquiry Officers will be subject to the following conditions:-
i. The honorarium will normally be regulated under the financial powers delegated to the Ministries/Departments and taking into account the quantum of work involved in individual disciplinary cases.
ii. In the case where serving officers are appointed as IO/PO , the controlling department or the administrative department should make all efforts to relieve the IO/P0 of his normal duties to enable him/her to complete the proceedings expeditiously.
iii. Before the payment is received by Inquiry Officer/Presenting Officer, whether serving or retired, it will be the responsibility of the IO/P0 to ensure that
a. All case records and inquiry report (two ink signed copies) properly documented and arranged is handed over to the Disciplinary Authority by the Inquiry Officer/Presenting Officer.
b. The report returns findings on each of the Article of Charge which has been enquired into and should specifically deal and address each of the procedural objections, if any, raised by the charged officers as per the extant rules and instructions.
c. In deciding the exact quantum of honorarium within the indicated range in the table above, the quantum and nature of work involved, rank of the Inquiry Officer, the complexity of the case, time taken for completion of the inquiry etc will have to be kept in view and the decision in this regard of the department disbursing the honorarium will be final. It may particularly be ensured that the full amount of honorarium pre decided to be paid as per the slab is not paid if the inquiry has not been completed within a period of six months. If there is a delay in completion of the inquiry which is not due to non-cooperation of the charged officer or due to stay orders, etc., the honorarium should be reduced by 50%
iv. The number of disciplinary cases may be restricted to 10 cases in a year, with not more than 2 cases at a time for serving Government servants and 20 cases with not more than 4 cases at a time for retired Government servants.
3. In addition to the terms and conditions indicated in pan 2 above, the retired government servants appointed as I0 shall maintain strict secrecy in relation to the documents he/she receives or information/data collected by him/her in connection with the Inquiry and utilise the same only for the purpose of Inquiry in the case entrusted to him/her. No such documents/information or data are to be divulged to any one during the Inquiry or after presentation of the Inquiry Report. The I 0 entrusted with the Inquiries will be required to furnish an undertaking to maintain strict secrecy and confidentiality of all records/documents/proceedings etc.