Departmental enquiry

MINOO VARGHESE (Querist) 11 May 2012 This query is : Resolved
Once a charged office submits his reply within the stipulated time frame, what are the duties of disciplinary authority. Is there a time frame to start the enquiry and time frame for completion.

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Guest (Expert) 11 May 2012
Please state what is your specific problem instead of asking such a question the reply of which may not serve your purpose. Also state whether your question pertains to your own problem as a charged employee, or as a disciplinary authority in some disciplinary case?

Shonee Kapoor (Expert) 11 May 2012
Vague query.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

M/s. Y-not legal services (Expert) 11 May 2012
just post your exact problem.. we can help you..

-tom-

MINOO VARGHESE (Querist) 11 May 2012
sir,
the specific issue is i have been given a chargesheet by DA in Oct'11 and i have replied to the charge within the stipulated time frame of 15 days. Now its more than 7 months and no action has been initiated by the disciplinary authority. Our interview for next stage is coming up in 2-3 months and it is mandatory to get vigilance clearance. since charge sheet is issued vigilance clearance will not be given till case is closed . hence i won't be considered for promotion. hence i wanted to know if DA has a time frame to complete the enquiry or is it endless and DA at his will and fancy take up the case when he desires.

Sudhir Kumar, Advocate (Expert) 11 May 2012
There is no statutory time limit.

There are CVC instructions for completion of inquiry within 6 months but these do not have statutory force.

You can move to court to get the directions for time bound completion of Inquiry. But in that case the deptt will in the garb of completing inquiry within time frame will be prompted to suppress your defence opportunity during inquiry.

You are mistaken that you will not be considered for promotion. You will be considered but results put in sealed cover to be opened only if you are fully exonerated.

Guest (Expert) 11 May 2012
Please send reminder with reference to the Charge Sheet and your reply to request the DA whether the Charge is dropped or the I.O. is to be appointed for departmental inquiry. Also that, if the inquiry is considered to be held he may appoint the I.O. at the earliest possible.

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