divya 27 December 2018

Departmental inquiry proceedings

Sir,

An inquiry was held under Rule 14 of CCS 1965, upon completion the IO had submitted his report stating as the charges are not proved. Then Disciplinary Authority had issued Office Memorandum asking to give submission if any against the IO Report within 15 days. in the said OM, DA stated that it is in agreement with the IO's findings, and as the findings are in favour to me, I had not given any submission. After that the DA has forwarded the IO report for second stage advice to CVC, stating that DA is in agreement with the IO findings. My doubt is if, CVC advice for imposition of any kind of penalty what course of action can i resort to as DA had issued OM earlier stating that it is in agreement with the IO's findings, which appears that it had considered all materials placed on record and accepted the IO's findings.

Moreover the advice is pending for more than six months, which is effecting my future prospects. Please help.

PS: In OM it was mentioned as " in agreement with IO's findings" not intends to agree IO findings.

Thank You.

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 27 December 2018

The Disciplinary Authority may differ the opinion of the I.O.. So the DA shall issue memo with the copy of findings to AO (Accused Officer). so the AO shall submit his explanation to the DA. If final orders issued against the AO, then the AO may appeal to the next higher authority. For early disposal of the final orders, you may request the DA in person.

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divya 27 December 2018

Sir, thanks for your reply.

My doubt is whether can DA impose penalty based on CVC advice, as DA had already issued a OM stating that it is in agreement with IO's findings of charges as not proved. As my promtion was kept in sealed cover any penalty imposed will result in seniority loss, please guide.

Thanks.