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Sat, 01/16/2010 - 17:26 — admin
- Remember that the standard of proof required in a departmental inquiry differs materially from the standard of proof required in a criminal case. The Supreme Court has held that standard of proof required in a disciplinary inquiry is the 'preponderance of probability' and not proofs beyond a reasonable doubt.
- Don't withhold the vigilance clearance of an employee for promotion unless a charge sheet has been issued to him.
- Issue of charge sheet does not mean that it has been handed over to the Charged Official (CO). Mere despatch of the charge sheet would mean 'issue' of charge sheet.
- Do take approval of the specified Competent Authority only for removing doubts relating to the interpretation of any provision of CDA Rules/Standing Orders applicable.
- If the Charged Official (CO) happens to be an executive and intends to appeal against an order imposing any of the penalties upon him, he should do so within one month from the date of communication of the order, which is the period of limitation as per the CDA Rules.
- Deal with disciplinary cases expeditiously so as to eliminate the misery of the Charged Official (CO).
- Always send a copy of the Inquiry Report to the Charged Official (CO) before the case is finally put up to the Disciplinary Authority (DA) for decision.
- Associate the Chief Vigilance Officer in drafting or/and the vetting of the charge-sheet in order to ensure that it is properly drafted and relevant documents are carefully sorted out and attached.
- Disciplinary proceedings should not be stayed except under orders of a Court of competent jurisdiction or under the written orders of the Disciplinary Authority.
- Don't cite the investigation report (Preliminary report) in the list of documents annexed to the charge sheet because they are confidential in nature.
- Don't give a copy of the investigation report to the Charged Official if he requests for the same while asking for the additional documents and even to the Inquiry Officer (IO), claiming 'privilege' of the same in 'public interest'.
- Don't delay the completion of the Departmental Inquiries beyond six months. In case availability of a suitable Inquiry Officer (IO) from within the Company is a problem, the Disciplinary Authority (DA) may appoint an Inquiry Officer (IO) from among retired honest officers after getting their names cleared from the Chief Vigilance Commission (CVC). In case the Organization does not have any-such panel of retired officers, it can approach the Chief Vigilance Commission (CVC) for the same, which is in the process of building such panel, all over India
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