Procedure for empanelment of retired officers as the Inquiry Officers for conducting Departmental Inquiries - reg.
F.No.142/40/2015-AVD.I
Government of India Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel and Training
New Delhi
Dated, the 15th September, 2017
OFFICE MEMORANDUM
Subject:
Procedure for empanelment of retired officers as the Inquiry Officers for conducting Departmental Inquiries- reg.
The
undersigned is directed to state that the issue of utilizing the
services of retired officers for conducting departmental inquiries had
been under consideration of the Department. It has now been decided that
panels of retired officers from the Ministries/Departments under
Government of India and PSUs would be created and maintained by the
respective Cadre Controlling Authorities for conducting Departmental
Inquiries against the delinquent officials.
2.
Procedure for empanelment of retired officers as the Inquiry Officers -
Panels of retired officers not below the rank of Deputy Secretary in
Central Government and equivalent officer in the State Governments/PSUs
to be appointed as the Inquiry Officer for the purpose of conducting
departmental inquiries would be maintained level/rank wise and
place-specific by each cadre controlling authority where its offices are
located.
3.
Validity of the panel - The panel of
the retired officers created for the purpose of appointing Inquiry
Officers for conducting departmental inquiry will be valid for a period
of three years. The respective Cadre Controlling Authority will ensure
that a panel of retired Inquiry Officers is available with them.
4.
Following are the eligibility conditions for appointment of willing
retired officers as the Inquiry Officers to conduct departmental
inquiries:-
(i) Retired officers who are willing to serve as Inquiry Officer.
(ii) He/she should not have been penalized in a Disciplinary Proceeding case (no penalty in DP or prosecution in criminal case)
5.
The respective Cadre Controlling Authority will immediately take
necessary action for inviting applications from willing and eligible
retired officers to serve as the Inquiry Officer for conducting
departmental inquiry. In this regard, a format for inviting applications
is annexed.
6. A three-member committee consisting of Joint
Secretary level officers including CVO of the concerned
Ministry/Departments/PSUs would be constituted by the respective cadre
controlling authority. The other two members can be from the same
Ministry/Department or from the attached or subordinate office. After
receipt of willingness of the retired officers, names of the officers
will be screened by the committee so constituted. The formation of panel
will be a continuous and ongoing process. The DA will decide on the
appointment of the JO based on willingness for a case, experience in the
sector and status of residence. Committee constituted for making panels
of retired officers as the Inquiry Officer has to keep in mind that
applications of retired officers willing to serve as an Inquiry Officer
should be scrutinized carefully to ensure that the applicant meets the
eligibility criteria.
7. The number of disciplinary cases assigned
to an Inquiry Officer may be restricted to 8 cases in a year, with not
more than 4 cases at a time.
8. Terms and conditions for appointment of retired officers as the Inquiry Officer.
The designated Inquiry Officer shall require to give an undertaking as follows:-
(i)
that he/she is not a witness or a complainant in the matter to be
inquired into or a close relative or a known friend of the delinquent
Government officer. A certificate to this effect will be obtained from
the Inquiry Officer with respect to every inquiry and placed on record
(ii)
shall maintain strict secrecy in relation to the documents he/she
receives or information/data collected by him/her in connection with the
inquiry and utilize the same only for the purpose of inquiry in the
case entrusted to him/her.
9. No such documents/information or data shall be divulged to anyone during the Inquiry or after presentation of the Inquiry Report. All the
records, reports etc. available with the Inquiry Officer shall be duly
returned to the authority which appointed him/her as such, at the time
of presentation of the Inquiry Report.
10. The Inquiry Officer
shall conduct the inquiry proceedings at a location taking into account
the availability of records, station/place where the misconduct occurred
as well as the convenience of the witnesses/ PO etc. Video Conferencing
should be utilized to the maximum extent possible to minimize travel
undertaken by the IO/PO/CO. The cadre controlling authorities will
facilitate necessary arrangements for the Video Conferencing.
11.The
Inquiry Officer shall undertake travel for conducting inquiry (in
unavoidable circumstances) with the approval of an authority as may be
nominated by the concerned Ministry/Department.
12.The Inquiry
Officer shall submit the inquiry report after completing the inquiry
within 180 days from the date of his/her appointment as the Inquiry Officer. Extension of time beyond 180 days can be granted only by the Authority as may be prescribed.
13. The rates of honorarium and other allowances payable to the Inquiry Officer will be as under:-
50%
will be paid on submission of the Inquiry Report. Remaining amount will
be paid within 45 days. In case it is not possible to proceed with the
matter due to stay by courts etc., the Inquiry Officer may be discharged
from his/her duties and payment of honorarium and other allowances will
be made on pro rata basis.
14. Before the payment is received by the Inquiry Officer, it will be his/her responsibility to ensure that:-
(a)All
case records and inquiry report (two ink signed copies) properly
documented and arranged is handed over to the office of Disciplinary
Authority.
(b)The report returns findings on each of the Articles
of Charge which has been enquired into should specifically deal and
address each of the procedural objections, if any, raised by the charged
officers as per the extant rules and instructions.
(c)There
should not be any ambiguity in the inquiry report and therefore every
care should be taken to ensure that all procedures for conducting
departmental inquiries have been followed in accordance with the
relevant rules/instructions of disciplinary and appeal Rules to which
the delinquent Government officials are governed.
15.
Letter regarding engaging a retired officer as the Inquiry Officer will
only be issued with the approval of the Disciplinary Authority of the
Ministry/Department/ Office concerned.
16. A review of every
empanelled Inquiry Officer will be done after receipt of 2 inquiry
reports where adherence to time lines and the procedure and quality of
work will be assessed by the concerned Ministry. Subsequent allocation
of work may be done only after such evaluation. The services of Inquiry
Officers whose performance is not upto the mark will be terminated with
the approval of appointing authority.
17.Any issue arising out of
this O.M. between the Inquiring Officer and the Disciplinary Authority
will be decided by the Secretary , DoPT whose decision shall be final
and binding on both parties.
18.These guidelines are issued for
internal use of DoPT and other Cadre controlling authorities may adopt
the same with suitable amendments.
(K. Srinivasan)
Under Secretary to the Govt. of India
Te1:23092957
Source:
Dowmload PDF -DOPT ORDER