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C13-Model Rime Limit For Departmental Enquiry

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0% found this document useful (0 votes)
23 views5 pages

C13-Model Rime Limit For Departmental Enquiry

Uploaded by

Akash Sirohi
Copyright
© © All Rights Reserved
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NO.

8(1)(g)/99((3)
CENTRAL VIGILANCE COMMISSION

Satarkta Bhawan,
Block “A”, GPO Complex
I.N.A. New Delhi -110 023
Dated the 3rd March 1999

Sub:- Improving vigilance administration

In exercise of powers under Section 8 (1)(g) of CVC Ordiance 1999 the


Central Vigilance Commission issues the following instructions and stipulates a model
time schedule for conducting Departmental Inquiries.

MODEL TIME LIMIT FOR DEPARTMENTAL INQUIRIES

2.1. Fixing date of preliminary hearing and inspection of


listed documents, submission of list of defence
Within four weeks
documents/witnesses and nomination of a Defence
Assistant (DA) (if not already nominated)
2.2. Inspection of relied upon document/submission of list
of DWs/Defence document/Examination of relevancy of
DDs/DWs, procuring the additional document and
submission of certificates confirming insertion of additional
documents by CO/DA.
3 months
2.3. Issue of summons to the witnesses, fixing the date for
regular hearing and arrangement for participation of
witnesses in the regular hearing.

2.4. Regular hearing on day to day basis.

2.5. Submission of written briefs by Police to CO/IO


15 days
2.6. Submission of written brief by CO/IO 15 days

2.7. Submission of written brief by CO to IO 15 days

2.8. Submission of Inquiry Report from the date of receipt


30 days
of written briefs by PO/CO

If the above schedule is not inconsistent/conflict with the existing rules on the
subject, the outer time limit of six months for completing the Departmental Inquiries
should be adhered to.

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3. Non production of documents

One of the causes for delay in departmental inquiries is due to non production
of documents cited by the CO as defence document during the course of enquiry. In
order to ensure that the departmental enquiries are completed in time, the
document asked for by the CO would be produced by its custodian through PO or if
there is no PO by its representative within a time limit fixed by IO failing which
adverse note would be taken against the concerned officer (custodian of the
documents). It should also be ensured that in one case involving more than one
officer, only one Police should be appointed by all the DAs

4. Disposal of allegation of Bias

the other cause of delay in completing departmental enquiries within time


limit is taking unreasonable time by the DAs/Appellate authority in disposing the
representation of the CO alleging bias against the IO. The DAs/Appellate authority
should, therefore, decide the representation of the CO within fifteen days after
receipt of the representation of the CO failing which as adverse view will be taken
against the concerned authority.

-sd-
(N. VITTAL)
CENTRAL VIGILANCE COMMISSIONER

To

(i). The Secretaries of All Ministers/Departments of Government of India


(ii) The Chief Secretaries to all Union Territories
(iii). The Comptroller & Auditor General of India
(iv). The Chairman, Union Public Service Commission
(v). Chief Executives of all PSUs/Banks/Organisations
(vi). All Chief Vigilance Officers in the Ministries/Departments/PSEs/Public
Sector Banks/Insurance Companies/Autonomous organisations /societies
(vii). President’s Secretariat/Vice-president’s Secretariat/Lok Sabha Secretariat /
Rajya Sabha Secretariat/PMO

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ORAL INQUIRY PROCEDURE

Delivery of charge-sheet

10 D

Submission of WSD

Consideration of WSD by
DSA : Issuance of
Appointment orders of
IA/PO

PRELUDE AND
PRELIMINARY HEARING

Not OK
Receipt of appointment
orders by IA

Submission of Lists of Notice to CO/PO for P.H


DD/DW nomination of DA

PH
Deciding authenticity of CO-pleads guilty or not Submission of Report to
RUD/dropping of SW Explanation of Rule 14 CVC/DS

Adjournment Essential

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5D+5D Inspection of RUD

10WD + 10D Submission of List of Copy to PO


DWs/DDs

Examination of Relevancy No Rejection with reasons


Brief hearing
of DD/DW

Notice to custodian Inspection of DD by CO


for availability of DD

Submission of Certificates
confirming inspection by
PO/CO

Fixation of RH-Notice to
PO/CO/DA/CA

REGULAR HEARING
DAY TO DAY BASIS

No
Whether RUD acceptable Production through
to CO witnesses
Supply of statements of
SWs to CO three days in
advance RUD marked and taken
on record

Examination of SWs
Introduction of new
evidence and recall of
witnesses adjournment
essential
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Submission of statement of Copy to PO
defence by CO

Marking and taking on


record of DD

Examination of DWs

General Examination of CO
by IA

Oral arguments of
DA/CO/PO

5D Submission of written brief


by PO-copy to CO

5D Submission of report
not beyond 15
days

IA – Functus officio

IA - Inquiring Authority
PO - Presenting Officer
D - Day
SW - Prosecution Witness
DW - Defence Witness
RUD - Relied upon document
DD - Defence Document
DA - Defence Assistant
DSP - Disciplinary Authority
WSD - Written Statement of Defence
PH - Preliminary Hearing

* * *
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