F.No.142/40/2015-AVD.I
Government
of India
Ministry of
Personnel, Public Grievances and Pensions
Department
of Personnel and Training
New Delhi
Dated, the 15 th September, 2017
OFFICE MEMORANDUM
Subject:- Procedure for empanelment of retired officers as
the Inquiry Officers for conducting Departmental Inquiries- reg.
The undersigned is directed to state that the issue of
utilizing the services of retired officers for conducting departmental
inquiries had been under consideration of the Department. It has now been
decided that panels of retired officers from the Ministries/Departments under
Government of India and PSUs would be created and maintained by the respective
Cadre Controlling Authorities for conducting Departmental Inquiries against the
delinquent officials.
2. Procedure for
empanelment of retired officers as the Inquiry Officers - Panels of retired
officers not below the rank of Deputy Secretary in Central Government and
equivalent officer in the State Governments/PSUs to be appointed as the Inquiry
Officer for the purpose of conducting departmental inquiries would be
maintained level/rank wise and place-specific by each cadre controlling
authority where its offices are located.
3. Validity of the panel - The panel of the retired officers
created for the purpose of appointing Inquiry Officers for conducting
departmental inquiry will be valid for a period of three years. The respective
Cadre Controlling Authority will ensure that a panel of retired Inquiry
Officers is available with them.
4. Following are the
eligibility conditions for appointment of willing retired officers as the
Inquiry Officers to conduct departmental inquiries:-
(i) Retired officers who are willing to serve as Inquiry
Officer.
(ii) He/she should not have been penalized in a Disciplinary
Proceeding case (no penalty in DP or prosecution in criminal case)
5. The respective Cadre Controlling Authority will
immediately take necessary action for inviting applications from willing and
eligible retired officers to serve as the Inquiry Officer for conducting
departmental inquiry. In this regard, a format for inviting applications is
annexed.
6. A three-member
committee consisting of Joint Secretary level officers including CVO of the
concerned Ministry/Departments/PSUs would be constituted by the respective
cadre controlling authority. The other two members can be from the same
Ministry/Department or from the attached or subordinate office. After receipt
of willingness of the retired officers, names of the officers will be screened
by the committee so constituted. The formation of panel will be a continuous
and ongoing process. The DA will decide on the appointment of the JO based on
willingness for a case, experience in the sector and status of residence.
Committee constituted for making panels of retired officers as the Inquiry
Officer has to keep in mind that applications of retired officers willing to
serve as an Inquiry Officer should be scrutinized carefully to ensure that the
applicant meets the eligibility criteria.
7. The number of disciplinary cases assigned to an Inquiry
Officer may be restricted to 8 cases in a year, with not more than 4 cases at a
time.
8. Terms and
conditions for appointment of retired officers as the Inquiry Officer. The
designated Inquiry Officer shall require to give an undertaking as follows:-
(i) that he/she is
not a witness or a complainant in the matter to be inquired into or a close
relative or a known friend of the delinquent Government officer. A certificate
to this effect will be obtained from the Inquiry Officer with respect to every
inquiry and placed on record
(ii) shall maintain
strict secrecy in relation to the documents he/she receives or information/data
collected by him/her in connection with the inquiry and utilize the same only
for the purpose of inquiry in the case entrusted to him/her.
9. No such documents/information or data shall be divulged
to anyone during the Inquiry or after presentation of the Inquiry Report. All
the records, reports etc. available with the Inquiry Officer shall be duly returned
to the authority which appointed him/her as such, at the time of presentation
of the Inquiry Report.
10. The Inquiry Officer shall conduct the inquiry
proceedings at a location taking into account the availability of records,
station/place where the misconduct occurred as well as the convenience of the
witnesses/ PO etc. Video Conferencing should be utilized to the maximum extent
possible to minimize travel undertaken by the IO/PO/CO. The cadre controlling
authorities will facilitate necessary arrangements for the Video Conferencing.
—
11. The Inquiry Officer shall undertake travel for
conducting inquiry (in unavoidable circumstances) with the approval of an
authority as may be nominated by the concerned Ministry/Department.
12. The Inquiry Officer shall submit the inquiry report
after completing the inquiry within 180 days from the date of his/her
appointment as the Inquiry Officer. Extension of time beyond 180 days can be
granted only by the Authority as may be prescribed.
13. The rates of honorarium and other allowances payable to
the Inquiry Officer will be as under:-
|
Items
|
Category
|
Time taken to complete the inquiry proceedings
|
Rate per case (in rupees)
|
|
Honorarium
|
‘I’
|
Where the number of witnesses cited in the charge sheet is more than
10
|
80% of monthly basic pension drawn
|
|
|
‘II’
|
Where the number of witnesses cited in the charge sheet are between
6-10
|
60% of monthly basic pension drawn
|
|
|
‘III’
|
Where the number of witnesses cited in the charge sheet is less than
6
|
|
|
Transport Allowance
|
‘IV’
|
Rs. 40,000/- per case Subject to the condition that the for
outstation journey, the actual expenses for Air/Railway AC 1 will be
reimbursed in addition. ( subject to the approval of the competent authority
and for outstation journey by Air journey will be performed by Air India in
the cheapest of the entitled class a per their status before retirement and
tickets will have to be arranged through authorized /permissible sources as
per MoF's guidelines;. If journey is not performed by Air India, prior
approval for travelling in airlines other than Air India would be required as
per the prescribed procedure; Similarly traveling by train would also be
permissible/restricted as per the far of class entitled to the officer before
retirement
|
|
Secretarial Assistance
|
‘I’
|
Where the number of witnesses cited in the charge sheet is more than
10
|
Rs.40,000/-
|
|
|
‘II’
|
Where the number of witnesses cited in the charge sheet are between
6-10
|
Rs.30,000/-
|
|
|
‘III’
|
Where the number of witnesses cited in the charge sheet is less than
6
|
Rs.20,000/-
|
50% will be paid on
submission of the Inquiry Report. Remaining amount will be paid within 45 days.
In case it is not possible to proceed with the matter due to stay by courts
etc., the Inquiry Officer may be discharged from his/her duties and payment of
honorarium and other allowances will be made on pro rata basis.
14. Before the payment is received by the Inquiry Officer,
it will be his/her responsibility to ensure that:-
(a) All case records and inquiry report (two ink signed copies)
properly documented and arranged is handed over to the office of Disciplinary
Authority.
(b) The report returns findings on each of the Articles of
Charge which has been enquired into should specifically deal and address each
of the procedural objections, if any, raised by the charged officers as per the
extant rules and instructions.
(c) There should not be any ambiguity in the inquiry report
and therefore every care should be taken to ensure that all procedures for
conducting departmental inquiries have been followed in accordance with the
relevant rules/instructions of disciplinary and appeal Rules to which the
delinquent Government officials are governed.
15. Letter regarding
engaging a retired officer as the Inquiry Officer will only be issued with the
approval of the Disciplinary Authority of the Ministry/Department/ Office
concerned.
16. A review of every empanelled Inquiry Officer will be
done after receipt of 2 inquiry reports where adherence to time lines and the
procedure and quality of work will be assessed by the concerned Ministry.
Subsequent allocation of work may be done only after such evaluation. The
services of Inquiry Officers whose performance is not upto the mark will be
terminated with the approval of appointing authority.
17. Any issue arising out of this O.M. between the Inquiring
Officer and the Disciplinary Authority will be decided by the Secretary , DoPT
whose decision shall be final and binding on both parties.
18. These guidelines
are issued for internal use of DoPT and other Cadre controlling authorities may
adopt the same with suitable amendments.
(K. Srinivasan)
Under Secretary to the Govt. of India
Te1:23092957
To All Ministries / Departments ( As per Standard List)
All State Chief
Secretaries ( As per Standard List)
