Disciplinary proceedings
Querist :
Anonymous
(Querist) 04 September 2011
This query is : Resolved
1.Can disciplinary authority take advice from other authority by sending inquiry report to vigilange deptt.instead of taking decision himself.
2. Can disc.authority act on the draft chargeshhet send by vigliance deptt. or he has to draft the chargesheet himself.
3. There is documents to prove that some other authority refused the proposed action of disciplinary authority and asked the disciplinary authority to wait for their advice.Can it be treated as interference in the decision of disc. authority which should be independent one.
malipeddi jaggarao
(Expert) 04 September 2011
1. If the case is referred to CVC or CVO for their first stage of advice as applicable, the decision of the disciplinary authority will be also referred to the CVC or CVO (as applicable) for confirming the punishment proposed by the disciplinary authority. CVC/CVO may differ with the proposed punishment and it will intimate its decision to the disciplinary authority. The DA may agree or differ with CVC/CVO opinion. Normally the in such cases, the DA will endorse the revised punishment as proosed by CVC/CVO.
2. As far as your second question that charge sheet drafted by vigilance department and signed by disciplinary authority, it is a common thing, but where is the proof? Can you prove that it is not drafted by the DA?
3.Some other authority means who? If it is CVC/CVO answer to point No.1 is applicable. No other authority can interfere to influence the decision of DA.
prabhakar singh
(Expert) 04 September 2011
Expert : malipeddi jaggarao seems to have rightly opined.
Guest
(Expert) 04 September 2011
Dear Anonymous,
The replies to your queries are as follows:
1) Vigilance department of the organisation/CVO or the CVC are merely advisory bodies from which advice can be taken by the Disciplinary Authority (DA), BUT it is not mandatory for the DA to act upon that advice. He has to use his own mind in the interest of justice. He can accept or reject the advice so rendered by any such body. BUT NORMALLY, THE DA, DUE TO HIS IGNORANCE, CONSIDERS THE ADVICE AS MANDATORY AND DON'T USE HIS OWN MIND AND FOLLOWS THAT SCRUPULOUSLY.
2) Similarly, charge sheet drafted by the vigilance department is not necessary to be adopted by the DA to be served to the Charged Officer (CO). It is just a type of an assitance provided by the vigilance department. BUT USUALLY, THE DA USES THE CHARGESHEET WITHOUT ANY AMENDMENT AND SERVE THE SAME TO THE CO WITHOUT APPLYING HIS OWN MIND OR EVEN RAISING ANY QUERY, AS IF THAT IS COMPULSORY FOR HIM.
3) The Vigilance departmentof the organization/CVO or the CVC, being merely advisory bodies, can't dictate terms to the DA. So, if they direct the DA to wait for their advice that would be clearly a case of interference in the process of justice. FURTHER, neither the VO/CVO nor the CVC can recommend any specific penalty against the CO to be awarded. It is not mandatory for the DA to seek advice of the vigilance on each of the disciplinary matters. HOWEVER, if the case has already been referred to the CVC for first stage advice, it also becomes necessary for the DA to submit the case to the CVC for their 2nd stage advice before any penalty is awarded to the CO. ALSO, it has been made mandatory to take first and 2nd stage advice of the CVC in the disciplinary cases against the Officers of the rank of Group 'A' and above.
BUT, IN THIS RESPECT ALSO ALMOST ALL THE DA'S THINK AS IF THEY ARE DUTY BOUND TO SCRUPULOUSLY ADHERE THE ADVICE OF THESE VIGILANCE PERSONNEL.
Needless to mention, the DA's are not supposed to act blindly on the advice of the vigilance. They have necessarily to use their own minds and take independent decisions, otherwise the decisions get influenced and prejudiced.
girish shringi
(Expert) 04 September 2011
I do agree with the experts.
K.S.Srinivas
(Expert) 04 September 2011
I agree with Mr.malipeddi jaggarao and Mr.Dhingra. Expert Dhingra elaborately answered the query for the clear understanding of the queriest. I want to add the following:-
1. The Vigilance Department advice is not binding on the part of the Disciplinary Authority.
2. Whether the charge sheet is drafted by the DA or somebody is not the question. Once the charge sheet is issued by the DA, the Charged Officer should given reply to the charge sheet and the CO can ask for perusal of all the relevant documents / copies of the same enabling him to give reply to the charge sheet.
3. The DA has to take the independent decision regarding awarding of the penalty and his decision can not be influenced by any external factors or extraneous reasons.
