REPORT OF THE COMMITTEE OF EXPERTS ON DISCIPLINARY & VIGILANCE INQUIRIES

Dear Comrades,

The report of the Committee of Experts on Disciplinary and Vigilance Inquiries, Department of Personnel & Training, Government of India have submitted their report reviewing the procedure of disciplinary/Vigilance inquiries and recommended measures for their expeditious disposal. The summary of the report is produced below for your immediate information.

REPORT OF THE COMMITTEE OF EXPERTS
ON
DISCIPLINARY & VIGILANCE INQUIRIES
JULY, 2010
DEPARTMENT OF PERSONNEL & TRAINING
GOVERNMENT OF INDIA

REPORT OF THE COMMITTEE OF EXPERTS

On 12 May 2010, the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India issued a notification appointing a Committee of Experts to review the procedure of Disciplinary/Vigilance Inquiries and recommend measures for their expeditious disposal.
 

2. The Committee was given a period of two months to make its recommendations. A summary of the Report of the Committee is at Annexure.
 

3. The Committee comprised the following :
(i) P.C.Hota, former Chairman of Union, Public Service Commission ‐ Chairman
(ii) Arvind Varma ‐ Member-Former Secretary, Department of Personnel & Training, Government of India
(iii) P.Shankar ‐ Member, Former Central Vigilance Commissioner, Government of India

4. As a Committee, we met at New Delhi only. In our deliberations, we received substantial help and assistance from the following officers of the Department of Personnel & Training:‐
(i) Shantanu Consul, Secretary, (ii) Dr. S.K.Sarkar, Additional Secretary, (iii) Alok Kumar, Joint Secretary(Vigilance), (iv) C.B.Paliwal, Joint Secretary(Establishment) and  v) V.K.Velukutty, Deputy Secretary(Vigilance).

SUMMARY OF THE REPORT OF THE COMMITTEE OF EXPERTS

1. Constitution of the Committee of Experts and its composition. (Para 1, 3)

2. A brief historical perspective of Disciplinary Inquiries before and after commencement of the Constitution.
(Para 6,7,8,12,13,14,15,16,17,18,19,20,21, 22, 23)

3. Report of a Survey conducted by the Indian Institute of Public Administration, New Delhi about periods of delay in disposal of Disciplinary Inquiries. (Para 10)

4. Article 311 of the Constitution and the 15th and the 42nd Amendments thereof. (Para 24, 25, 26)

5. Scope and ambit of ‘reasonable opportunity’ in Article 311(2) of the Constitution. (Para 27, 28, 29, 30)

6. The Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972. (Para 31)

7. Procedure of Disciplinary Inquiries. (Para 32, 33, 35)
8. Panel of names of Inquiry Officers/Presenting Officers and fees to be paid to them. (Para 34, 37, 39, 40, 41, 42, 43)

9. Payment to witnesses in Departmental Inquiries. (Para 38)

10. Limit on number of cases of Disciplinary Inquiries by an Inquiry Officer/Presenting Officer. (Para 44)

11. Procedure for minor penalty Disciplinary Inquiries. (Para 45)

12. Time‐limit for completion of minor penalty Disciplinary Inquiries. (Para 46)

13. Time‐limit for completion of major penalty Disciplinary Inquiries. (Para 47)

14. Stages at which matters pertaining to a Disciplinary Inquiry have to be submitted to the Minister‐in‐charge as at present. (Para 49)

15. Proposal to dispense with approval of the Minister‐in‐charge in certain stages of Disciplinary Inquiries.(Para 50, 52)

16. Secretary to the Government of India in the Department/Ministry to be the Appointing Authority for officers including officers of the All‐India Services. (Para 52)

17. Stages at which the Central Vigilance Commission has to be consulted in case of Disciplinary Inquiries and dispensing with the second stage advice of the Central Vigilance Commission. (Para 53, 54)

18. Prior consultation with the UPSC under Article 320(3)(c) of the Constitution. (Para 59, 60)

19. Submission of case records relating to Disciplinary Inquiries to the UPSC after full compliance of items in the “checklist”. (Para 61, 62)

20. Proposed re‐organisation of the Vigilance Organisations in Departments/Ministries. (Para 63)

21. Plea‐bargain in major penalty Disciplinary Inquiries. (Para 64, 65, 66, 67)
22. Retention of the existing major penalty of compulsory retirement from service. (Para 68, 69)

23. Existing minor and major penalties under different Service Rules. (Para 70)

24. Cases where termination of service will not be considered as a penalty. (Para 71)

25. Observations on some of the minor and major penalties under the Service Rules. (Para 72, 74, 75, 76, 77, 78, 79)

26. Proposal for minor penalties to include a cut in pension/gratuity in appropriate cases. (Para 80, 81, 82, 83)
27. Period of currency of the minor penalty of censure. (Para 84)

28. Cases where imposition of a major penalty on a Government Servant to be considered as a disqualification for employment under the Government of India/State Governments. (Para 85)

29. Proposal to amend Article 311 of the Constitution to dismiss a Government Servant from service on charges of corrupt practice as defined in the Prevention of Corruption Act 1988. (Para 86, 87, 88, 89, 90, 91, 92, 93, 94, 95).

30. Reasons why the proposed amendment to Article 311 would be intravires. (Para 96)

31. Dispensing with Disciplinary Inquiry before a major penalty is imposed not a new concept in the Constitution. (Para 98, 99)

32. Grant of compassionate monthly allowance to a dismissed Government Servant. (Para 102)

33. Proposal for amendment to Section 19 of the Prevention of Corruption Act, 1988. (Para 104)

34. Proposal for amendment to Section 197 of the Code of Criminal Procedure 1973. (Para 105)

35. Proposal to accord sanction for prosecution in cases pending for such sanction by a specified deadline.
(Para 108)

36. Proposal for expeditious disposal of pending Disciplinary Inquiries against officers of the All‐India Services serving in connection with the affairs of a State. (Para 109)

37. Proposal to give relief to Government Servants in case of long pendency of Criminal Cases/Disciplinary Inquiries. (Para 110, 111, 112, 113, 114, 115)

38. Proposal for expeditious decision in cases where Disciplinary Inquiries have been under contemplation.
(Para 116) 

39. Proposal for high level Inquiry Officers in cases of fast‐track Disciplinary Inquiries against senior Government Servants. (Para 117)

40. Proposal for Committee of Secretaries to review cases of disagreement with the UPSC in disciplinary matters. (Para 118, 119)

41. Abuse of power by Disciplinary Authorities. (Para 120, 121)

42. Proposal to set up Statutory Vigilance Commissions in all States of the Indian Union. (Para 125)
43. Proposal to take expeditious disciplinary action in cases of officers of the All‐India Services serving in connection with the affairs of a State following searches and seizures by Central Agencies and registration of cases against them. (Para 126, 127, 128)

44. Monitoring agencies for Disciplinary Inquiries. (Para 129, 130, 131)

45. Proposal for modification of the format of Annual Performance of Appraisal Report. (Para 132)

46. Revised guidelines to be issued by the Central Vigiliance Commission for Disciplinary Inquiries. (Para 133)

47. Proposal for minor penalty Disciplinary Inquiries to be initiated in suitable cases. (Para 134)

48. Proposal for eliminating delay in service of Articles of Charge in Disciplinary Inquiries. (Para 136)

49. Proposal for more expeditious disposal of pending cases of Disciplinary Inquiries by a specified deadline.
(Para 136)

50. Need for updating Handbooks for Inquiry Officers and Disciplinary Authorities. (Para 137)

51. Cases where a decision of the competent Authority could be the subject of judicial review. (Para 138)

52. Need for fairness and justice in treatment of Government Servants. (Para 139, 140)

For full report please click the following link:-

http://persmin.gov.in/Publication/CommitteeReport/VigilanceInquiry/ExpertCommitteeReportFinalCorrecrtion.pdf