PROCEDURE FOR INTIMATION OF DISCIPLINARY PROCEEDINGS AGAINST THE OFFICERS OF THE ALL INDIA SERVICES SERVING UNDER THE GOVT. OF INDIA

VIII. PROCEDURE FOR INTIMATION OF DISCIPLINARY PROCEEDINGS AGAINST THE OFFICERS OF THE ALL INDIA SERVICES SERVING UNDER THE GOVT. OF INDIA AND ORGANIZATIONS UNDER THE GOVT. OF INDIA. 1. Rule 7 of the AIS(Discipline & Appeal) Rules, 1969 stipulates the authority competent to institute proceedings and to impose penalty on the members of the All India Services. The said rule vests this authority either with the State Government or with the Central Government depending upon the circumstances explained therein. Powers of the Central Government in respect of members of the IAS while they are on deputation with the Central Government are exercised by the Department of Personnel & Training and in respect of Indian Police Service and IFS Ministry of Home Affairs and Ministry of Environment & Forests respectively. 2. With a view to avoiding delay in the processing of cases in respect of members of All Service pertaining to the period of their central deputation the following procedure may be followed while forwarding such cases to the cadre controlling authority, namely Department of Personnel & Training/MHA/ Ministry of Environment & Forests, as the case may be:— (i) Any proposal to place an officer under suspension should be sent to the Cadre controlling Department only with the approval of the Minister in charge of the Department/Ministry administratively concerned. (ii) Any proposal to initiate disciplinary proceedings should be forwarded only after a decision has been taken at the level of the Minister in charge of the Department/Ministry after obtaining the preliminary explanation of the officer and after considering the same. In cases having a vigilance angle, administrative Ministries/Departments are also required to consult the Central Vigilance Commission and obtain its first stage advice before submitting the papers to the Minister. (iii) If an officer is transferred to another Ministry/Department, the Ministry concerned where the alleged misconduct was committed by the officer will have to take a view on the case in the light of the facts of the case and the explanation of the concerned officer at the level of the Minister before forwarding the case records for further necessary action. They must also give an intimation in this regard to the Ministry where the officer may be working for the time being. 313 (iv) Where it is proposed to initiate disciplinary proceedings, the proposal shall always be accompanied by a draft charge sheet along with imputations of misconduct and two sets of certified list of documents. (v) In cases where it is decided not to formally proceed against an officer but only to convey a caution/waning/displeasure of the Government, this will be communicated to the officer by the Ministry/Department concerned, through the administrative Ministry where he may be working at that time and two copies of the same shall be endorsed to the respective cadre controlling Department for record. (vi) In a case, where there is no full fledged investigation by the CBI and where formal action for major penalty is instituted by the concerned cadre controlling Ministry after due consideration of a proposal received from the administrative Ministry or otherwise, the administrative Ministry shall also nominate an officer who is well versed with the facts of the case for being appointed as the Presenting Officer. (vii) All communications meant for the officers proceeded against would be served through the Ministry/Department where the officer is working for the time being. 3. It may be ensured that the above procedure is followed while referring cases of members of the All India Services to the cadre controlling Ministries namely, Department of Personnel & Training, Ministry of Home Affairs and Ministry of Environment & Forests, for initiation of Disciplinary Proceedings under the AIS(D&A) Rules. [O.M. No.11018/3/98—AIS(III) the 9th June 1995 of Ministry of Personnel, PG.& D/o Pension (D/o Personnel & Trg.)]