Acceptance of io's report by the disciplinary authority
aditya sharma
(Querist) 23 November 2012
This query is : Resolved
Sir, in case the Inquiry Officer submitted his report to the DA dropping all the articles as mentioned in the Charge Sheet issued to him under Rule 14 of C.C.S(CCA) Rules, 1965. While seeking IInd advice from the the Vigilance Commissioner, the DA accepted the findings of the IO and recommended the Commissioner for exoneration of Charged Officer. However, the Commission advice otherwise.Vide his FO the DA imposed major penalty on Charged Officer as advised by the Commission.
In these circumstances, the Charged Officer has argued that as the DA has accepted the findings of IO, he cannot review his own decision and demanding quashing of FO in appeal. What are the guidelines in such a situation.
Guest
(Expert) 23 November 2012
Dear Aditya,
Probably you have in some misunderstanding or have misinterpreted about the decision of the Disciplinary Authority if he has intended to agree with the I.O's findings.
First of all, if the Disciplinary Authority (DA) showed his inclination to be in agreement with the findings of the I.O. while submitting the case to the CVC for 2nd stage advice, that cannot be taken as his decision until issue of formal orders to exonerate the official of the charges.
Secondly, the I.O. cannot drop any charge at his own. He is merely an inquiring authority to record his findings about the articles of charge based upon the evidence adduced during the inquiry proceedings. Dropping of the charge rests solely within the power of the Disciplinry Authority only. The I.O. can simply say that the charge is 'proved' or 'not proved'
Thirdly, the CVC is only an advisory body and it is not mandatory for the DA to accept the recommendation of the CVC, if he is convinced with the report of the I.O. that articles of charge do not stand if not proved. He could have overruled the advice of the CVC with the reason to be placed on record while taking decision to exonerate the Charged Official.
Lastly, your query lacks one vital information. You have not mentioned on what ground the CVC recommended for award of major penalty when the DA showed his intention to accept the findings of the I.O. So, no guidance or advice is possible without the information as to what were the grounds the Commission indicvated in not agreeing with the findings of the I.O.
Raj Kumar Makkad
(Expert) 24 November 2012
I completely agree with the clarification of Dhingra and I further add that you are required to post the points basing upon which CVC disagreed with the findings of IO so that an appropriate reply may be given to you.
Sudhir Kumar, Advocate
(Expert) 24 November 2012
You have also not indicated if any disagreement proposal was conveyed to you before disagreement with IO.
