Ref: - Cir. Memo. No.35676/Ser.C/98, G.A. (Ser.C) D., Dt. 1-7-1998.
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In the reference
cited, orders were issued, fixing a time limit for completion of departmental enquiries
in all simple cases within a period of three months and in complicated cases within
a period of five to six months.
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a) |
Fixing date of hearing inspection of listed documents, submission of list of defence documents and nomination of a Defence Assistant (If not already nominated). |
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Within four
weeks from the date of appointment of the Enquiry Officer. |
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b) |
Inspection of
documents or submission of list of defence witnesses/ defence documents or examination
of relevancy of documents or witnesses, procuring the additional documents and
submission of certificates, confirming inspection of additional documents by Accused
Officer or Defence Assistant.
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Three (3) Months
|
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c) |
Issue of summons to witnesses, fixing the date of regular hearing and arrangement for participating of witnesses in the regular hearing. |
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Three (3) Months
|
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d)
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Regular hearing on day to day basis. |
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Three (3) Months |
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e) |
Submission of
written briefs by Presenting Officer.
|
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Fifteen (15)
days
|
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f) |
Submission of
written briefs by Accused Officer / Defence Assistant to Inquiry Officer.
|
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Fifteen (15)
days
|
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g) |
Submission of inquiry Report by the Inquiry Officer |
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Thirty (30)
days.
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4. It is noticed that one of the causes for delay in departmental enquiries is due to nonproduction of documents cited by the Charged Officer 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 Charged Officer should be produced by its custodian through Presenting Officer within a time limit fixed by Inquiry Officer failing which adverse note would be taken against the concerned Officer (custodian of the documents).
5. The other cause for the delay in completing departmental enquiries within time limit is taking unreasonable time by the Disciplinary Authorities or Appellate Authority in disposing the representation of the Charged Officer alleging bias against the Inquiry Officer. The Disciplinary Authorities or Appellate authority should, therefore, decide the representation of the Charged Officer within fifteen days after receipt of the representation of the Charged Officer failing which an adverse view will be taken against the concerned authority.
6. Government reiterated that the
Secretaries or Principal Secretaries to Government shall review the progress of
the enquiries ordered in all disciplinary cases and submit a note on the cases
pending beyond the stipulated time to the Chief Secretary to Government and
also to the Chief Minister.
