Saturday, July 2, 2011

Procedure in Disciplinary cases - avoidance of delay.

O.M.No: GAD 27 SSR 58, dated 18th October 1958
Sub:- Procedure in Disciplinary cases - avoidance of delay.
It has been brought to the notice of Government that on may occasions the Departments do not send at once all the relevant records pertaining to disciplinary cases referred to the Public Service Commission with the result that it becomes impossible for the Commission to communicate their recommendations without delay. The urgency in the disposal of disciplinary cases need hardly be emphasised. Attention of the Secretariat Department is invited to para 13 of O.M.No:GAD (OM) 3 CAR 57, dated the 14th
December 1957, and it is requested that as laid down in that para, the following documents are invariably sent to the Commission, when it is consulted in disciplinary cases:-
(i) the charges framed against the Government servant along with the grounds of charge;
(ii) written statement filled in defence, if any;
(iii) a sufficient record of the evidence given during the oral enquiry as also the documentary evidence;
(iv) a memo of the points urged by the Government servant concerned during the personal hearing, if any;
(v) statement of the findings of the Enquiry Officer on the different charges and the grounds therefor;
(vi) the penalty recommended;
(vii) the show cause notice issued to the Government servant and his reply thereto;
provided that in cases of minor penalties where as per rule 12 of the M.C.S. (Classification, Control and Appeal) Rules, 1957, no departmental enquiry is held, the question of sending the records mentioned at (iii), (iv) and (v) above would not arise.
The service book (or history of services in the case of a Gazetted Officer) and the confidential record of the Government servant should also be sent to the Commission in all cases since they are necessary in determining the quantum of penalty.
The Departments are also requested to see that in cases where a Departmental Enquiry is held and the Government servant in reply to the show cause notice states that he has not been provided with adequate opportunity to cross-examine the witnesses or that there has been some flaw in the conduct of the enquiry, etc., the points raised are examined and their remarks on them made available to the commission whenever it is consulted. Some of these points may raise vital issues visa is the validity of the enquiry itself and it is necessary that the Commission is posted with full information with regard to them before it can give its opinion.
The Departments are requested to follow these instructions scrupulously.

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