Memo.No.44391/Ser.C/99 Dated:
21-9-1999
Sub: Public Services -
Disciplinary cases against the Government employees - Detection of the
delinquency, initiation of the disciplinary proceedings, early completion of
the enquiries and imposing adequate penalty - Instructions - Reiterated.
Ref: l. Govt. Memo. No.
2261/Ser.C/79-2, G. A. (Ser.C) Dept., dt. 23-10-79.
2. U.O. Note No. 463/Ser.C/85-4, G. A. (Ser.C)
Dept., dt. 20-12-85.
3. Circular Memo. No. 100/Ser.C/93-22 G. A.
(Ser.C) Dept., dated 23-12-1995.
4. Circular Memo. No. 3824/Ser.C/98-2, G. A.
(Ser.C) Dept., dated 09-02-1998.
5. G.O.Ms.No. 188, G.A. (Ser.C) Dept., dt.26-05-98.
6. Cir. Memo.No. 35676/Ser.C/98 G. A. (Ser.C)
Dept., dated 01-07-1998.
7. G.O.Ms.No.2, G.A. (Ser.C) Dept., dated
4-1-1999.
8. Govt. Memo. No. 23537/Ser.C/99-5, G. A.
(Ser.C) Dept., dt. 28-7-99.
Instructions have been issued from time to time for detection of the delinquencies, initiation of the disciplinary proceedings, for early completion of the enquiries and for imposing penalties on the delinquent Government employees. Despite clear instructions it is noticed that in several cases, there was undue delay in detecting the delinquency as well as in completing the enquiries, thereby the accused officer went scot free on retirement from service. The Public Accounts Committee of the State Legislature observed several times on the need for early completion of enquiries and for imposing penalties on erring Government servants.
2. In the reference third cited, it has been requested that the departments should review all cases of misappropriation on half yearly basis and to ensure that the enquiries are completed at the earliest. The delinquencies generally noticed against the Government employees may be broadly classified as cases of misappropriation, corruption, misconduct, and dereliction of duty. As regards the corruption, the investigation is taken up by the Anti-Corruption Bureau and report submitted to the Vigilance Commission or to the Directorate of Vigilance and Enforcement. In case of misappropriation, the reports of the Public Accounts Committee of the State Legislature generally form the basis to detect the delinquency. Other agencies namely the Anti-Corruption Bureau and reports in the media are also the source of information about the misappropriation. For the misconduct the police investigation, the Anti-Corruption Bureau or departmental authorities are the source for detection of the delinquency. The dereliction to duty is noticed by the departmental officers.
3. As and when, it comes to the notice of the disciplinary authority or any higher authority it shall be necessary to take immediate steps to detect the delinquency and to initiate disciplinary action. Disciplinary action initiated shall be completed as per the time schedule prescribed in the references sixth and eighth cited. Adequate penalty should be imposed on the employees who were found guilty. In this context, the orders issued in the reference seventh cited shall be kept in view. To quote an instance, an officer "X" was involved in an irregularity and the case was brought to the notice in November 1995. The authority concerned to initiate the disciplinary action, took two long years of time and by that time the said officer retired from service. Against the retired officer no action could be taken in view of the time limit stipulated in the Pension Rules. This resulted in allowing the officer to go scot free even though he was guilty. It is absolutely necessary to remedy the situation and the existing instructions in force should be strictly followed for initiation and early completion of the enquiries and disciplinary proceedings.
4. It is reiterated that the inquiring authorities appointed to enquire into charges shall strive complete the enquiries as per the time schedule indicated and however in cases where the enquiry could not be completed for various reasons in time, the enquiry can be continued. The Secretary to Government of the department concerned shall review the cases and submit a note to Chief Secretary and Chief Minister as per the instructions sixth cited.
5. The penalties awarded to the delinquent officers should not be reduced in a routine way. The gravity of charge and the delinquency established should be kept in view. The orders issued in the reference fifth cited should be followed.
6. All the departments of Secretariat, Heads of Departments and District Collectors are requested to follow the existing instructions on detecting the delinquencies, initiation of disciplinary action and for completion of the disciplinary proceedings as per time schedule prescribed.
