372/3/2007-AVD-111 (Vol. 10)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 14th October, 2013
Office Memorandum
Subject:
Recommendations of the Committee of Experts on Disciplinary & Vigilance
Inquiries (Hota Committee) - Para 135 of the Committee's Report on submission
of draft charge sheet while seeking first stage advice of CVC, etc. -
Acceptance by Government - reg .
The undersigned is directed to say that the Government had appointed a Committee of Experts to review the procedure for Disciplinary/Vigilance Inquiries and recommend measures for their expeditious disposal. The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT Member
(iii) Shri P. Shankar, former CVC Member.
2. The Expert Committee has, in para 135 of its Report, made the following recommendation:-
"135.(a)We have noted that even after approval of the Disciplinary Authority to initiate a Disciplinary Inquity, a lot of time is taken by the Department/Ministry to frame the Articles of Charge against a delinquent Government Servant.
(b) We recommend that to eliminate delays in framing the Articles of Charge, the official file submitted to the Disciplinary Authority to initiate a Departmental Inquiry must have a copy of the draft Articles of Charge along with the imputations in support and a list of witnesses and documents. Such action before approval of the Disciplinary Authority is obtained to initiate a Departmental Inquiry against a delinquent Government Servant, would ensure timely framing and service of the Articles of Charge. We also recommend that when a case is sent to the CVC for its first stage advice, the Articles of Charge, complete in all respects, must be submitted to the CVC.
3. The aforesaid recommendation of the Hota Committee was considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary. The CoS has recommended acceptance of the aforesaid recommendation. Accordingly, the above recommendation of the Hota Committee has been accepted by the Government and it has been decided that all Ministries/Departments shall henceforth ensure that whenever a disciplinary case file is submitted to the Disciplinary Authority, seeking the approval of the Disciplinary Authority for initiation of departmental proceedings against a government servant, a draft of the articles of charge, complete in all respects, along with the imputations in support and the list of witnesses and documents, shall be submitted to the Disciplinary Authority for its consideration. Similarly, whenever a case is referred to the Central Vigilance Commission for its first stage advice, a draft of the articles of charge, complete in an respects, as proposed by the Ministry/Department, shall be submitted to the CVC for its consideration.
4. The above decision of the Government is brought to the notice of all Ministries/Departments for strict compliance.
The undersigned is directed to say that the Government had appointed a Committee of Experts to review the procedure for Disciplinary/Vigilance Inquiries and recommend measures for their expeditious disposal. The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT Member
(iii) Shri P. Shankar, former CVC Member.
2. The Expert Committee has, in para 135 of its Report, made the following recommendation:-
"135.(a)We have noted that even after approval of the Disciplinary Authority to initiate a Disciplinary Inquity, a lot of time is taken by the Department/Ministry to frame the Articles of Charge against a delinquent Government Servant.
(b) We recommend that to eliminate delays in framing the Articles of Charge, the official file submitted to the Disciplinary Authority to initiate a Departmental Inquiry must have a copy of the draft Articles of Charge along with the imputations in support and a list of witnesses and documents. Such action before approval of the Disciplinary Authority is obtained to initiate a Departmental Inquiry against a delinquent Government Servant, would ensure timely framing and service of the Articles of Charge. We also recommend that when a case is sent to the CVC for its first stage advice, the Articles of Charge, complete in all respects, must be submitted to the CVC.
3. The aforesaid recommendation of the Hota Committee was considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary. The CoS has recommended acceptance of the aforesaid recommendation. Accordingly, the above recommendation of the Hota Committee has been accepted by the Government and it has been decided that all Ministries/Departments shall henceforth ensure that whenever a disciplinary case file is submitted to the Disciplinary Authority, seeking the approval of the Disciplinary Authority for initiation of departmental proceedings against a government servant, a draft of the articles of charge, complete in all respects, along with the imputations in support and the list of witnesses and documents, shall be submitted to the Disciplinary Authority for its consideration. Similarly, whenever a case is referred to the Central Vigilance Commission for its first stage advice, a draft of the articles of charge, complete in an respects, as proposed by the Ministry/Department, shall be submitted to the CVC for its consideration.
4. The above decision of the Government is brought to the notice of all Ministries/Departments for strict compliance.
sd/-
(V.M. Rathnam)
Deputy Secretary to the Govt. of India
