Powers to drop the charges after the consideration of the written statement of defence

3. Powers to drop the charges after the consideration of the written statement of defence by the accused member of the Service lies with the disciplinary authority. However, consultation with CBI, CVC. State Vigilance Commission, Anti Corruption Department etc should be made if the case in initiated at their insistence: - A question has been under consideration of this Department whether rule 8(6)(a) of the All India Services (Discipline & Appeal) Rules 1969, which is analogous to Rule 14(5)(a) of the Central Services (CCA) Rules, 1965, permits the dropping of charges by the disciplinary authority after considering the written statement of defence submitted by the accused member of an All India Service under the aforesaid rules. The question has been considered in consultation with the Ministry of Law and the position in respect of the AIS (Discipline & Appeal) Rules, 1969 is clarified as under:— (a) The disciplinary authority has the inherent power to review and modify articles of charge or drop some of the charges or all the charges after the receipt and examination of the written statement of defence submitted by the accused member of an All India Service under Rule 8(6) of the AIS (Discipline & Appeal) Rules, 1969; (b) The disciplinary authority is not bound to appoint an Enquiry Officer for conducting an enquiry into the charges which are not admitted by the accused member of the Service but about which the disciplinary authority is satisfied on the basis of the written statement of defence that there is no further cause to proceed with. 2. It may, however be noted that the exercise of the powers to drop the charges after the consideration of the written statement of defence by the accused member of the Service will be subject to the following conditions: (a) In cases arising out of the investigation by the Central Bureau of Investigation, the CBI should be consulted before a decision is taken to drop any of, or all, the charges on the basis of the written statement of defence submitted by the accused member of the Service. The reasons recorded by the disciplinary authority for dropping the charges should also be intimated to the Central Bureau of Investigation. (b) The Central Vigilance Commission/State Vigilance Commission/ Anti Corruption Deptt., as the case may be, should be consulted where the disciplinary proceedings were initiated on the advice of any of these bodies and the intention is to drop the proceedings altogether, as distinct from dropping or reviewing or modifying some charges. [D P. & A R, letter No.11018/8/81—AIS(III), dated the 25.11.1981.]