Friday, October 18, 2013

Recommedations of Committee of Experts on Disciplinary & Vigilance Enquiries(P.C.Hota Committee)-DOPT Orders

1.Whenever a particular CDI in CVC becomes unavailable to conduct an inquiry on account of transfer, etc., CVC shall nominate an 10 in his/her place within 15 days and the concerned disciplinary authority shall issue orders appointing the 10, within another 15 days. However, CVC may also designate CDIs in numerical/alphabetical order. If a successor CDI is not appointed within 15 days as prescribed, the case will be automatically assigned to the next CDI in numerical/alphabetical order on the 16th day. 

2.The CoS has accordingly recommended that the recommendation of the Hota Committee in para 48 of its report as referred to above may be accepted. The recommendation has accordingly been accepted by the Government and it has been decided 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. 

3.Accordingly, it has been decided that in cases where any of the witnesses in a departmental inquiry is a retired Government Servant and is appearing before the CDI in the Central Vigilance Commission in the Departmental Inquiry, the expenses on payment of admissible TA/DA to such witness would be borne, in the first instance, by the Central Vigilance Commission and subsequently be adjusted with the  Department/Organisation concerned.

4.all Ministries/Departments shall henceforth ensure that whenever a disciplinaty case file is submitted to the Disciplinary Authority, seeldng the approval of the Disciplinary Authority for initiation of departmental proceedings against a government servant, a draft of the articles of charge, complete in all respects, along with the imputations in support and the list of witnesses and documents, shall be submitted to the Disciplinary Authority for its consideration. Similarly, whenever a case is referred to the Central Vigilance Commission for its first stage advice, a draft of the articles of charge, complete in an respects, as proposed by the Ministry/Department, shall be submitted to the CVC for its consideration. 

5.Accordingly, it has been decided that once a regular hearing in a departmental proceeding is started, such hearing should, as far as practicable, be continued on a day to day basis, unless in the opinion of the IO, for the reasons to be recorded in writing, an adjournment is unavoidable in the interest of justice. 

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