GUIDELINES TO BE FOLLOWED FOR ADHERING THE TIME LIMITS OF COMPLETION OF VARIOUS STAGES OF DISCIPLINARY PROCEEDINGS FOR EXPEDITIOUS DISPOSAL
GUIDELINES TO BE FOLLOWED FOR ADHERING THE TIME LIMITS OF COMPLETION OF VARIOUS STAGES OF DISCIPLINARY PROCEEDINGS FOR EXPEDITIOUS DISPOSAL
1. Time limits for completing certain stages of inquiry into charges against members of the All India Services are laid down in sub-rule (8) and (12) of rule 8 of the All India Services (Discipline and Appeal) Rules, 1969. However, experience has shown that very often, disciplinary proceedings are inordinately delayed. It is felt that if the guidelines laid down below are followed, it will ensure expeditious disposal of disciplinary cases.
2. Sub-rule (8) of rule 8 provides that a member of the Service shall be required to appear in person before the Inquiring Authority at any time prescribed after the expiry of 10 working days from the date of the receipt of the charge-sheet. It would therefore, be justified if the charged officer is given not more than 10 days for submitting his written statement of defence in reply to the charge-sheet under sub-rule (5) of rule 8 ibid.
2. 1The statement of defence under rule 8(5) ibid is expected to be limited simply to admitting or denying the charges communicated to the officer, and for such admission or denial inspection of documents is not necessary. Therefore, a request for inspection of documents at this stage made by the delinquent officer may not be accepted and it may be explained to the officer that he would get full opportunity to inspect the listed documents during the course of inquiry as per rule 8(12) ibid.
2.2. Although no time limit, as such, has been stipulated for the admission of the report by the Inquiry Officer after completion of the oral inquiry, ordinarily it should be possible for an Inquiry Officer to submit the inquiry report within a period of one month from the conclusion of the inquiry proceedings. 311
2.3 If these time limits and principles are assiduously observed, the period from the date of serving a charge-sheet in a disciplinary case to the submission of the report by the Inquiring Officer should ordinarily not exceed six months.
3. After submission of the Inquiry Report by the Inquiring Officer, where the State Government comes to the conclusion that a major penalty may be imposed on an officer, they may issue a show cause notice to the officer, or remit the case to the Central Government under rule 8(22) (a) ibid, as the case may be, within one to one and a half months from the receipt of the inquiry report. In cases where the State Government considers that a minor penalty would be enough, a reference to the U.P.S.C. may also be made for their advice, within one to one and a half months of the receipt of the inquiry report.
4. While processing disciplinary cases against members of the All India Services, the guidelines mentioned above may be kept in view for completion of inquiries promptly. The State Government may also consider the desirability of issuing suitable instructions and that where a case is delayed at a particular stage beyond the time-limit stipulated for that stage, it be reported to the next higher authority with a statement of reasons for the delay. [D.P. & A.R. letter No. 11018/7/78—AIS(III), dated 16-8-1978.]