FAQs on the time limit for disposal of disciplinary cases – DoPT OM dated 8.12.2017

FAQs on the time limit for disposal of disciplinary cases – DoPT OM dated 8.12.2017



FAQs on the time limit for disposal of disciplinary cases

[DoPT OM No. F.No. F.No.11012/09/2016-Estt.A-III Dated 8th December, 2017]

faq-on-timeline-for-completing-disciplinary-proceeding-reg
Question:
What is the time limit for charged officer to submit his written statement
of defence on charge sheet?
Answer:
It is 15 days, which can be further extended by a period not exceeding 15
days at a time for reasons to be recorded in writing by the Disciplinary
Authority or any other authority authorized by the Disciplinary Authority
on his behalf. The overall limit for filing of reply should not be extended
beyond 45 days from the receipt of the articles of charge by the charged officer.
[Sub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965] 

Question:
What is the time limit for producing requisite documents claimed by charged
officer during?
Answer:
Sub rule (13) in Rule 14 provides for producing the documents or issue of
non-availability certificate within a period of one month of the receipt of
such requisition. 
Question:
What is the time period for the Presenting Officer to produce the evidence
by which he proposes to prove the articles of charge if the Government
Servant fails to appear within the specified time or refuses or omits to
plead?
Answer:
It is 30 days. [Sub rule (11) in Rule 14 of CCS (CCA) Rules, 1965] 
Question:
What is the time period for inspecting the documents produced by Presenting
Officer for the purpose of preparing his defence?
Answer:
Within five days of the order passed by Inquiring Authority, which can be
further extended not exceeding 5 days. [Sub rule (11) (i) in Rule 14 of CCS
(CCA) Rules, 1965] 
Question:
What is the notice period for production of any documents, which are in
possession of Government but not mentioned in the list of documents served
with the charge sheet but a request in this regard is made by the Charged
Officer?
Answer:
The Inquiring Authority can allow a time of 10 days for the purpose, which
can further be extended by not exceeding 10 days. [Sub rule (11) (iii) in
Rule 14 of CCS (CCA) Rules, 1965] 
Question:
What is the time limit provided for adjournment before close of the case
for Presenting Officer to produce evidences not included in the list given
to Charged officer or Inquiring Authority himself call for new evidence or
recall and reexamine any witness?
Answer:
Such adjournment is done for 3 clear days excluding the day of adjournment
and the day to which the inquiry is adjourned. [Sub rule 15 in Rule 14 of
CCS (CCA) Rules, 1965] 
Question:
What is the time limit for completing the inquiry and submit report by
Inquiring Authority?
Answer:
In terms of notification No G.S.R. 548 (E) dated 02.06.2017, the Inquiring
Authority should conclude the inquiry and submit his report within 6 months
from the date of receipt of order of his appointment. An additional time
not exceeding six months for completing the inquiry can be allowed at a
time on the basis of sufficient and good reasons, to be recorded in writing
by Disciplinary Authority [Sub rule (24) in Rule 14 of CCS (CCA) Rules,
1965] 
Question:
Whether time limit of 6 months decided vide notification dated 02.06.2017
is also applicable to cases where Inquiring Authority was appointed prior
to the 02.06.2017?
Answer:
Yes. Ideally such cases should have been completed, as per the time limit
prescribed in the said notification, if those cases are still pending, the
period of six months for completing the inquiry can be reckoned w.e.f.
02.06.2017 and extension should be sought, if required.
 
Question:
What is the time limit for furnishing written representation by charged
officer on the advice of UPSC?
Answer:
It is 15 days from the receipt of the copy of advice of UPSC by the charged
officer. [Sub rule (3)(b) in Rule 15 of CCS (CCA) Rules, 1965] 
Question:
What is the time limit for sending proposal to CVC for first stage advice?
Answer:
If vigilance angle is involved in any complaint, this case should be
referred to CVC for their 1 st stage advice within one month of the receipt
of investigation report. If vigilance angle is not involved, the case
should be put up to disciplinary authority for taking a decision to
initiate disciplinary action under CCS (CCA) Rules within one month from
the date of receipt of investigation report. [DoP&T’s O.M. No.
425/04/2012-AVD-IV(A) dated 29.11.2012] 
Question:
What is the time limit to put up the case to Disciplinary Authority after
receipt of first stage advice of CVC for taking a decision to initiate
disciplinary proceeding?
Answer:
Within one month of the receipt of first stage advice of CVC. [DoP&T’s
O.M. No. 425/04/2012-AVD-IV(A) dated 29.11.2012] 
Question:
What is the time limit to issue a charge sheet to Charged Officer once a
decision is taken by Disciplinary Authority to initiate disciplinary
proceeding?
Answer:
The charge sheet should be issued to Charged Officer within a week from the
date of receipt of the decision of Disciplinary Authority. [DoP&T’s
O.M.No.425/04/2012-AVD-IV(A) dated 29.11.2012] 
Question:
What is the time limit for seeking representation of Charged Officer on
inquiry report and disagreement of Disciplinary Authority, if any on it?
Answer:
The Charged Officer may be allowed 15 days to submit, if he so desires, his
written representation or submission to the Disciplinary authority.
[DoP&T’sO.M. No. 11012/13/85-Estt.(A) dated 29.06.1989]
 
Question:
What is the time limit for seeking second stage advice of CVC, if required
or to UPSC for their advice?
Answer:
It should be sent to CVC or UPSC within one month from the date of receipt
of representation of Charged Officer on Inquiry Report. (CVC’s circular No.
000NGL/18 datd 23.05.2000) 
Question:
What is the time limit for concluding major penalty proceeding?
Answer:
It should be completed within 18 months from the date of issue of the
charge sheet to Charged Officer. [DoP&T’s O.M. No. 372/3/2007-AVD-III
(Vol.10) dated 14.10.2013]

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Source: DoPT

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