CVC Circular regarding Strict Compliance of guidelines issued by Central Vigilance Commission and DoPT for timely disposal of Disciplinary Proceedings
CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi-10023,
No. 024/VGL/020/19821
Dated 21.02.2024 .
Circular No. 05/02/24
Subject: – Strict Compliance of guidelines issued by Central Vigilance Commission and DoPT for timely disposal of Disciplinary Proceedings-reg.
The Central Vigilance Commission (CVC) and Department of Personnel & Training (DoPT) have issued guidelines from time to time, impressing upon the organizations concerned for timely conclusion of disciplinary proceedings. However, it has been observed that on many occasions, there is inordinate delay in bringing the cases to logical conclusion, which is against the principles of natural justice and also defeats the very purpose of initiating disciplinary action.
2. In this regard, attention of the respective organizations is invited to DoPT’s OM No. 425/04/2012-AVD-IV(A) dated 29.11.2012 (Annexure-1) relating to monitoring and expeditious disposal of disciplinary proceedings, wherein CVOs concerned have been given the responsibility of monitoring and ensuring adherence to the given timeline.
3. Further, DoPT vide their OM No. 372/3/2007-AVD-III(Vol.10) dated 14th October 2013 (Annexure-2) has instructed that “all Ministries/Departments shall ensure that all major penalty proceedings against government servants under their control are completed and final orders are passed by the concerned Disciplinary Authority within 18 months from the date of delivery of charge-sheet on the delinquent government servant”.
4. The Commission has also prescribed model timelines for investigation and conclusion of disciplinary proceedings, till the issuance of final orders, which have been mentioned in para 7.47.2 of its Vigilance Manual, 2021, which is available on Commission’s website in public domain, in downloadable form.
5. Further, DoPT has also issued instructions relating to terms and conditions for appointment of IOs/POs, in which it has been highlighted that video conferencing/digital mode is to be used to the maximum extent possible to conduct departmental inquiry so as to ensure timely completion of the same. DoPT’s instructions issued from time to time are summarized and updated vide its OM No. DoPT-1668597747466 dated 16.11.2022. (Annexure -3).
6. In addition to above, it may also be kept in view that in order to ensure timely and smooth completion of disciplinary proceedings, training needs to be imparted to prospective and current IOs and POs, which will also help in creating a pool of trained IOs and POs in respective organizations. For IOs/POs, who are serving public servants, timely completion of departmental proceedings by them needs to be given due weightage/cognizance by the reporting/reviewing officers, in the APARs of such IOs/POs.
7. It has also been observed that the time taken to approach UPSC for advice is unduly long, as proposals are not being submitted in the prescribed format of the UPSC in its single window system. As a result of which, many cases, found deficient by UPSC are being returned, resulting in unnecessary delay. Hence, it is the responsibility of the Disciplinary Authorities concerned and respective CVOs to ensure that there are no deficiencies, whatsoever, in the cases referred to the UPSC. In this regard, DoPT OM No. 39035/01/2011-Estt. (B) dated 10.05.2011 (Annexure-4) also refers.
8. The Commission has desired that the above instructions/guidelines as issued by the Commission and DoPT may be strictly adhered to by the disciplinary authorities and other authorities concerned. The CVOs of respective organizations may bring the above guidelines to the notice of the Chief Executive Officer and all disciplinary authorities concerned. They may also follow up all pending cases, to ensure that they are brought to logical conclusion within the prescribed timelines.
(Rajiv Verma)
Director
Encl:- As above.
To
(i) The Secretaries of all Ministries/Departments of Gol
(ii) All Chief Executives of CPSUs/Public Sector Banks/Public Sector Insurance Companies/ Autonomous Bodies etc.
(iii) All CVOs of Ministries/Departments of Gol/CPSUs/Public Sector Banks/Public Sector Insurance Companies/Autonomous Bodies etc.
(iv) Website of CVC
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