Expeditious disposal of Grievances, representations and disciplinary cases

No A-19015/Misc/2012/MF.CGA/Gr B/336

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF EXPENDITURE

CONTROLLER GENERAL OF ACCOUNTS

LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI

22 .7.2014

To,

The Pr.CCNCCA/CA

Sub:- Expeditious disposal of Grievances, representations and disciplinary cases.



Sir/Madam,



1. It has been observed that the process of settling the disciplinary case in the Civil Accounts Organisation has been rather slow and in many cases delayed. A large number of departmental Inquiries remain pending with the disciplinary authorities for a long period. In many cases it has been observed that the disciplinary process is continuing even after the officer proceeded on retirement.



2. The recently held Departmental Promotion Committee has also taken a serious view of the long pending Disciplinary proceedings in respect of some of the Gr B officers. This delay in settlement of the disciplinary proceedings not only adversely affects the officers'career but also acts as a great demoralization force on its employees. This lingering process continues despite their having directives of eve in its order dated 3-3-2003 for time bound and speedy disposal of the Disciplinary matters.



3. Delays occurring in disposal of disciplinary cases which are not due to employees affect the morale of the delinquent official and others and causes prejudice to the concerned officials. eve and DoPT guidelines on expeditious disposal of disciplinary cases are given below:-



a) The CVC has prescribed time limits for processing of cases of disciplinary proceedings in its letter ~Jo 000/VGL/18 dated 23-5-2000. In the letter 15 items/stages in the disciplinary cases where the time limit has been delineated.



b) DoPT OM Dated 14-10-2013 prescribes day to day hearing of disciplinary matters.



c) DoPT OM dated 14-10-2013 prescribes total 18 months for disposal of disciplinary matters.



d) Delays in disposal of disciplinary matters, which are due to delinquent officials causes prejudice these averments, have been upheld by various judicial pronouncements. Merely on account of delays Courts have quashed the proceedings. Case laws are enclosed.



4. Need for reasoned and speaking order:-



Instances have also come to light perusing files pertaining to certain Disciplinary matters that the representations of Charged Officers in the Disciplinary proceedings are kept pending for long.



a) The representations of the employees have to be replied in time bound manner with speaking order. DoPT OM Dated 11-1-2002 prescribes when a representation is made by a Government employee; it should generally be disposed of within a maximum period of six weeks. Final reply sent to a Government servant on his representation should be self-contained, cover all the points raised by him and in a case where the representation of the Government servant is rejected the grounds, therefore, should be clearly indicated.



b) Regarding disciplinary matter it is mandatory to give speaking order due to its quasi-judicial nature, vide eve circular dated 15-1-2009.



4. The above prescribed methods of disposal of cases through reasoned and speaking order would close the disputes in most of the cases and reduce the litigation. This is the vision stated in the National Litigation Policy 2010, too. Para "2" of the Policy says quote "Government must cease to be a compulsive litigant. The philosophy that matters should be left to the courts for ultimate decision has to be discarded. The easy approach, " Let the Court decide," must be eschewed and condemned". Unquote.



5. The DoPT while considering the subject of accountability in decision making, issued an Office Memorandum dated 16-02-2004 stressed that any officer adopting dilatory attitude leading to delay in decision making could be subjected to disciplinary proceeding.



6.  All Pr.CCAs/CCAs/CAs are therefore requested to note and strictly adhere to the prescribed schedule of time limits in dealing with disciplinary cases.



7.  This issues with the approval of Competent Authority.



Encl.: All above OMs/Circulars [view]

(Sakesh Prasad Singh)

Deputy Controller General of Accounts



Source: http://cga.nic.in/writereaddata/GuidelinesDisciplinaryProceed.pdf