Issue of Charge-Sheets to Cental Government Employees – Instructions issued by DOPT
DOPT instructions on issue of Charge-Sheets under Central Civil Services (Classification, Control and Appeal) Rules, 1965
F. No. 11012/17/2013-Fstt.(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
North Block, New Delhi — 110001
Dated July 3rd 2015
OFFICE MEMORANDUM
Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Instructions regarding timely issue of Charge-sheet regarding.
The undersigned is directed to refer to DoP&T O.M. of even no. dated 2nd January, 2014 regarding consolidated instructions on suspension and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No. 1912 of 2015 dated 16/02/2015 the Apex Court has directed as follows:
We, therefore, direct that the currency of Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/ Chargesheet is not served on the delinquent officer/ employee;
2. It is noted that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like Central Bureau of Investigation etc. In the aforesaid judgement the Hon’ble Supreme Court has superseded the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance.
3. In this connection, attention is invited to this Department G.M. No. 35014/1/81- Estt.A dated 9.11.1982 which contained the guidelines for timely issue of charge-sheet to Charged officer and to say that these instructions lay down, inter-alia, that where a Government servant is placed under suspension on the ground of “Contemplated” disciplinary proceedings, the existing instructions provide that every effort would be made to finalise the charges, against the Government servant within three months of the date of suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time. The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may be in a position to effectively exercise the right of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension arc communicated.
4. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.
(Mukesh Chaturvedi)
Director (E)
Download DOPT Office Memorandum F. No. 11012/17/2013-Fstt.(A) dated 03.07.2015
I have come across charge sheet is given on the last working day or last week of retirement. Better some guidelines are given of such late action which may not put the employee in hard ship but also his family members depending on him
the DOPT should also specify the time period for concluding the proceedings by IO, Communicating of opinion by DISCIPLINARY AUTHORITY to DGV, the time limit for CVC 1st / 2nd advice and communication of penalty imposition to the delinquent officer. there is no point in prolonging the proceedings and finding no fault with the officer after causing agony for prolonged periods of time. The departmental proceedings are basing on preponderance of probability but not on strict proof. This position also should be changed. There are instances where in prosecution proceedings the court has convicted the subject but on the pretext that the copy is not received from court ( why no one has an idea) officers are continued in sensitive posting even beyond six months from the date of conviction. DOPT should have proper mechanism to avoid such instances.