Timely finalization of Departmental Inquiry Proceedings – Improving vigilance administration
Timely finalization of Departmental Inquiry Proceedings – Improving vigilance administration: CVC Circular No. 19/09/21 dated 06.10.2021
CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, GPO Complex,
Block A, INA, New Delhi-110023
Circular No. 19/09/21
Subject:- Timely finalization of Departmental Inquiry Proceedings -improving vigilance administration.
Reference: – (i) Commission’s Circular No. 8(1)(g)/99(2) dated 19.02.1999
(ii) Commission ‘s Circular No. 8(1)(g)/99(3) dated 03.03.1999
(iii) Com mission’s Circular No. 3(v)/99(7) dated 06.09.1999
(iv) Com mission’s Circular No. OOONGL/18 dated 23.05.2000
(v) Commission ‘s Office Order No. 51/08/2004 dated 10.08.2004
(vi) Com mission’s Circular No. 02/01/2016 dated 18.01.2016
(vii) Com mission ‘s Circular No. 18/ 12/20 dated 14.12.2020
The Central Vigilance Commission in order to bring about efficiency in vigilance administration and to ensure timely initiation and completion of the disciplinary proceedings, has issued guidelines from time to time, specifying the time limit for completion of inquiry proceedings, so that no undue delay takes place in disciplinary matters.
2. In this regard, Central Vigilance Commission, in continuation of its guidelines dated 23.05.2000 and DoPT’s OM dated 14.10.2013, had issued Circular No. 18/12/20 dated 14.12.2020, prescribing the time limit for action in disciplinary matters where major penalty proceedings have been initiated/are to be initiated. The time limit prescribed by the Commission is as under: –
|SI. No.||Stage of disciplinary action||Time Limit|
|1.||Issue of Charge Sheet to the stage of appointment of IO and PO||All the required actions may be completed within a period of 02 months from the date of issue of First Stage Advice of the Commission.|
|2.||Conducting departmental inquiry and submission of report by the Inquiry officer (I.O.)||The inquiry report should be submitted with in 6 months from the date of appointment of inquiry officers|
|3.||Overall additional time for all/any of the above stages of disciplinary proceedings, due to some unavoidable/unforeseen circumstances||In addition to the above time limit, a period of 1 more month may be taken. if required.|
3. The Commission has observed that in some cases, the above time limit is not being adhered to by the authorities concerned. The inordinate delay in completion of departmental proceedings on the part of the organization concerned has also attracted adverse comments from the Hon ‘ble Supreme Court of India in Civil Appeal No. 958 of 20 10, Prem Nath Bali Vs. Registrar, High Court of Delhi & Anr in its judgment dated 16.12.2015. Hence, the above guidelines are reiterated and the Commission desires that the same should be adhered to strictly by the authorities in the organisations concerned.
4. Due to the situation arising out of severity of COVID- 19 pandemic and related issues, Com mission has given a special dispensation for completion of the pending inquiry proceedings with a fresh timeline. In those cases where initiation of Major Penalty Proceedings was advised by the Commission on or before 31.12.2020 , inquiry proceedings by the Inquiry Officers should be completed latest by 31.03.2022. In respect of those cases where Commission’s advice for initiation of Major Penalty Proceedings was tendered between 01.01.2021 to 30.09.2021, inquiry proceedings by the Inquiry Officers should be completed latest by 30.06.2022.
5. Since initiation and conduct of disciplinary proceedings is within the domain of the disciplinary authority concerned, the CYOs may bring the above guidelines of the Commission to the notice of the competent authorities for strict compliance.
Officer on Special Duty