disciplinary proceedings
RAKESH BALLABH
(Querist) 23 October 2014
This query is : Resolved
Can the CVO keep a disciplinary authority's report pending for more than a year for tendering its second stage advice, for any reason, affecting the CO's promotion prospects particularly where the IO's report has given a clean chit to the CO and the disciplinary authority has not given any disagreement?
RAKESH BALLABH
(Querist) 23 October 2014
Can any expert advise urgently?
Guest
(Expert) 23 October 2014
Your query lacks background of the case about the issue of the fist stage and second stage advice of the CVO, as well as whether the case pertains to central or state Government official/officer.
So, first of all you may please clarify as to in whaich capcity you are related to the case, as a charged officer, a Disciplinary Authority or a vigilance advisor of the Disciplinary Authority?
Secondly, please make it clear whether the case was received through the CVO for investigation/ disciplinary action or the case was sent to the CVO for first advice and, if so, on what ground first stage advice was needed from the CVO?
Sudhir Kumar, Advocate
(Expert) 23 October 2014
in the absence of details of the case it appears as a part of question paper for deppl examination.
RAKESH BALLABH
(Querist) 23 October 2014
I put in the query in the capacity of a charged officer working with the central government as a group B officer. the matter relates to alleged improper examination of an import consignment. the zonal wing of the directorate general of vigilance in cbec recommended dropping of charges with an administrative warning. however, the hdqrs. of DGOV recommended major penalty proceedings and forwarded to the CVC for first stage advice who approved the same. matter was sent to CVC because some group A officers were also involved. the inquiry report gave a clean chit on merits and on technical grounds as well like non availability of original/ certified copies of certain documents relied upon, for inspection by CO and also absence of any witnesses in Annexure of witnesses supplied with the Charge Memorandum. the Disciplinary authority sent its report to the DGOV for second stage advice in August, 2013 without giving any disagreement note to the CO implying thereby that the DA agreed with the IO's report. So far the DGOV has done nothing and the DA's report is simply lying with them. in the meantime, my juniors have been promoted. Kindly advise.
Guest
(Expert) 23 October 2014
Undue holding of the case by the CVO for more than one year is denial of justice. The intentions of the CVO do not seem to be clear, may he be waiting for the delinquent to approach him for some gift/bribery.
But, on your part you can simply remind the Disc. Authority with a copy to the CVO for status of the case or for expediting the decision. Only the Disc. Authority can remind him effectively to supply his early advice otherwise, due to abnormal delay in response, he would be compelled to assume that the CVO has nothing adverse to say in the case. But all that depends upon how much courage the DA has to dare the CVO.
However, if you want to proceed legally, you can approach the CAT for direction to the DA to expedite the decision within a specified time or date, as based on the report of the IO.
Anirudh
(Expert) 23 October 2014
While completely agreeing in principle with the views of Mr. Dhingra, in the practical part I will wait for some more time say for 6 months or so for the response from CVO.
Yes, the querist's promotion is in limbo for the present. But once the CVO's report comes and he is cleared of the allegations, then the querist can definitely get his promotion from the date when his junior got promoted. That way the querist will not suffer monetarily - though temporarily he will undergo the humiliation that his juniors have been promoted, while he himself has not been so promoted.
To advice to go ahead with the proceedings the CVO need not spend time. However, to advice to drop the proceedings, he must definitely spend some time on the file. It may just happen, that just because the querist makes a reminder, and that too makes a mention that it is pending with him for over a year now, it is quite possible the CVO may as well say go ahead with the proceeding.
Therefore, I will go slow and will not do anything, for the present.
RAKESH BALLABH
(Querist) 24 October 2014
I thank all the experts for quick response. My next immediate worry keeping in mind the truck record of the DGOV is that I may retire in July 2016 without retirement benefits.
RAKESH BALLABH
(Querist) 24 October 2014
I thank all the experts for quick response. My next immediate worry keeping in mind the track record of the DGOV is that I may retire in July 2016 without retirement benefits.
