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		<title>Timely disposal of departmental proceedings against the officers of All India Services posted on Central Deputation</title>
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		<pubDate>Mon, 13 Feb 2023 06:03:52 +0000</pubDate>
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					<description><![CDATA[<p>Departmental proceedings against the officers Latest DoPT Orders 2023 No.DOPT- 1675409 362921Government of IndiaMinistry of Personnel, Public Grievances &#38; PensionsDepartment of Personnel and TrainingAVD(AVD-I/C-I) North Block, New DelhiDated 03 February, 2023 OFFICE MEMORANDUM Subject:- Reviewing of guidelines for timely disposal of departmental proceedings against the officers of All India Services posted on Central Deputation &#8211; [&#8230;]</p>
<p>The post <a href="https://centralgovernmentnews.com/timely-disposal-of-departmental-proceedings-against-the-officers-of-all-india-services-posted-on-central-deputation/">Timely disposal of departmental proceedings against the officers of All India Services posted on Central Deputation</a> appeared first on <a href="https://centralgovernmentnews.com">CENTRAL GOVERNMENT EMPLOYEES NEWS</a>.</p>
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<p class="has-text-align-center"><strong>Departmental proceedings against the officers</strong></p>


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<h2 class="has-text-align-center wp-block-heading"><a href="https://centralgovernmentnews.com/latest-dopt-orders-2023/" target="_blank" rel="noreferrer noopener">Latest DoPT Orders 2023</a></h2>



<p class="has-text-align-center"><strong>No.DOPT- 1675409 362921<br />Government of India<br />Ministry of Personnel, Public Grievances &amp; Pensions<br />Department of Personnel and Training<br />AVD(AVD-I/C-I)</strong></p>



<p class="has-text-align-right"><strong>North Block, New Delhi<br /></strong><strong>Dated 03 February, 2023</strong></p>



<p class="has-text-align-center"><strong><u>OFFICE MEMORANDUM</u></strong></p>



<h3 class="wp-block-heading"><strong><u>Subject:- Reviewing of guidelines for timely disposal of departmental proceedings against the officers of All India Services posted on Central Deputation &#8211; reg</u></strong></h3>



<p>The undersigned is directed to refer to the subject cited above and to say that the timelines for departmental proceedings against the officers of All India Services posted on Central Deputation in respect of whom the proposals are received from concerned Ministries / Departments were last reviewed vide DoPT’s letter No. 106/7/2015-AVD.I (Part) dated 15/03/2017 in amendment of All India Services (Discipline and Appeal) Rules, 1969.</p>



<p class="has-text-align-center"><a href="https://centralgovernmentnews.com/timely-disposal-of-departmental-proceedings-against-the-officers-of-all-india-services-serving-in-connection-with-the-affairs-of-the-state-government-uts/"><strong>Timely disposal of departmental proceedings against the officers of All India Services serving in connection with the affairs of the State Government / UTs</strong></a></p>



<p>2. In this context, with a view to streamline the processing of disciplinary proceeding cases, the following timelines have further been decided with the approval of the competent authority:</p>



<figure class="wp-block-table"><table><tbody><tr><td><strong>S. No.</strong></td><td><strong>Stages involved in Disciplinary proceedings cases</strong></td><td><strong>Time frame</strong></td></tr><tr><td>1.</td><td>Receipt of the proposal from Ministry/Department for initiation of the Disciplinary Proceedings – Scrutiny of the proposal as per the requirements of Single Window System and decision as to whether to submit the matter for decision of Disciplinary Authority (DA) for initiation of the Disciplinary Proceedings case</td><td>21 working days</td></tr><tr><td>2.</td><td>After obtaining approval of the Disciplinary Authority (DA) and serving of the Charge Memorandum on the Charged Officer (CO), CO to submit his Written Statement of Defence (WSD), if any</td><td>Within the period of 30 days, extendable by another 30 days at a time and not exceeding 90 days from the date of receipt of the Charge Memorandum as per Rule 8(5) of AIS (D&amp;A) Rules, 1969</td></tr><tr><td>3.</td><td>In case all the Charges levelled against the CO have been admitted by him, submission of the case records before the Disciplinary Authority for a tentative decision to impose a penalty and referring the matter to UPSC for statutory advice on the quantum of penalty to be imposedORIn case any or all the charges levelled against the CO have been denied by him, obtaining the para-wise comments of the concerned Ministry / Department along with the nomination of a suitable officer for the appointment as Presenting Officer</td><td>&nbsp;14 working days&nbsp;&nbsp;21 working days</td></tr><tr><td>4.</td><td>Examination of the para-wise comments of the Ministry / Department and submission of the matter before Disciplinary Authority for the appointment of Inquiry Authority / Presenting Officer</td><td>14 working days</td></tr><tr><td>5.</td><td>Issue of the Order for appointment of Inquiry Authority / Presenting Officer after receiving the approval of the DA</td><td>7 working days</td></tr><tr><td>6.</td><td>Conduct of Inquiry Proceedings by the Inquiry Authority and submission of his Report to the Department</td><td>Within 6 months, extendable by another 6 months at a time with the approval of DA and for the reasons to be recorded in writing by the Inquiry Authority as per Rule 8(25) (a), (b) &amp; (c) of AIS (D&amp;A) Rules, 1969</td></tr><tr><td>7.</td><td>Comments of the Concerned Department / Ministry on the Report of Inquiry Authority and submission of the Disagreement Note (reasons of disagreement), if any, on the Inquiry Report</td><td>14 working days</td></tr><tr><td>8.</td><td>After sharing the Inquiry Report and disagreement note, if any, CO to submit his written representation, if any</td><td>Within 15 working days, as per Rule 9(2) of AIS (D&amp;A) Rules, 1969</td></tr><tr><td>9.</td><td>Comments of the concerned Department / Ministry on written representation of the CO</td><td>15 working days</td></tr><tr><td>10.</td><td>Submission of the matter before the Disciplinary Authority for approval / tentative decision on the Inquiry Report / Disagreement Note (if any) – on whether to impose a penalty or not and to refer the case records to the UPSC for their statutory advice</td><td>14 working days</td></tr><tr><td>11.</td><td>Submission of the case records to the UPSC for statutory advice after receiving the tentative decision / approval of the DA</td><td>7 working days</td></tr><tr><td>12.</td><td>After receiving the advice of UPSC and sharing the same with the CO, CO to submit his written representation, if any</td><td>Within 15 days, extendable by 15 days for reasons to be recorded in writing. Under no circumstances, the extension shall exceed 45 days from the date of receipt of the UPSC advice as stipulated in AIS (D&amp;A) Rules, 1969</td></tr><tr><td>13.</td><td>Submission of the matter before the Disciplinary Authority for a final decision in the matter</td><td>14 working days</td></tr><tr><td>14.</td><td>Issue of the Final Order after receiving the approval of DA</td><td>7 working days</td></tr></tbody></table></figure>



<p>3. All Ministries / Departments are requested to ensure strict compliance of the above guidelines so that the disciplinary proceedings against the officers of All India Services may be processed in a time bound manner.</p>



<p class="has-text-align-right"><strong>(Sign of Authority)<br /></strong><strong>Manoj Gupta<br /></strong><strong>Under Secretary to the Govt. of India</strong></p>
<p>The post <a href="https://centralgovernmentnews.com/timely-disposal-of-departmental-proceedings-against-the-officers-of-all-india-services-posted-on-central-deputation/">Timely disposal of departmental proceedings against the officers of All India Services posted on Central Deputation</a> appeared first on <a href="https://centralgovernmentnews.com">CENTRAL GOVERNMENT EMPLOYEES NEWS</a>.</p>
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		<title>Timely disposal of departmental proceedings against the officers of All India Services serving in connection with the affairs of the State Government / UTs</title>
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		<pubDate>Sun, 12 Feb 2023 17:32:12 +0000</pubDate>
				<category><![CDATA[DOPT Orders]]></category>
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		<category><![CDATA[Departmental proceedings against the officers]]></category>
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					<description><![CDATA[<p>Departmental proceedings against the officers Latest DoPT Orders 2023 North Block, New DelhiDated 02 February 2023 No.DOPT- 1675343 662426Government of IndiaMinistry of Personnel, Public Grievances &#38; PensionsDepartment of Personnel and TrainingAVD(AVD-IB) OFFICE MEMORANDUM Subject:- Reviewing of guidelines for timely disposal of departmental proceedings against the officers of All India Services serving in connection with the affairs [&#8230;]</p>
<p>The post <a href="https://centralgovernmentnews.com/timely-disposal-of-departmental-proceedings-against-the-officers-of-all-india-services-serving-in-connection-with-the-affairs-of-the-state-government-uts/">Timely disposal of departmental proceedings against the officers of All India Services serving in connection with the affairs of the State Government / UTs</a> appeared first on <a href="https://centralgovernmentnews.com">CENTRAL GOVERNMENT EMPLOYEES NEWS</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="has-text-align-center"><strong>Departmental proceedings against the officers</strong></p>


<div class="wp-block-image">
<figure class="aligncenter size-full"><a href="https://centralgovernmentnews.com/wp-content/uploads/2023/01/Latest-DoPT-Orders-2023.jpg"><img decoding="async" width="700" height="325" src="https://centralgovernmentnews.com/wp-content/uploads/2023/01/Latest-DoPT-Orders-2023.jpg" alt="Latest DoPT Orders 2023" class="wp-image-40020" srcset="https://centralgovernmentnews.com/wp-content/uploads/2023/01/Latest-DoPT-Orders-2023.jpg 700w, https://centralgovernmentnews.com/wp-content/uploads/2023/01/Latest-DoPT-Orders-2023-300x139.jpg 300w" sizes="(max-width: 700px) 100vw, 700px" /></a></figure>
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<h2 class="has-text-align-center wp-block-heading"><a href="https://centralgovernmentnews.com/latest-dopt-orders-2023/" target="_blank" rel="noreferrer noopener">Latest DoPT Orders 2023</a></h2>



<p class="has-text-align-right"><strong>North Block, New Delhi<br />Dated 02 February 2023</strong></p>



<p class="has-text-align-center"><strong>No.DOPT- 1675343 662426<br />Government of India<br />Ministry of Personnel, Public Grievances &amp; Pensions<br />Department of Personnel and Training<br />AVD(AVD-IB)</strong></p>



<p class="has-text-align-center"><strong><u>OFFICE MEMORANDUM</u></strong></p>



<h3 class="wp-block-heading"><strong>Subject:- Reviewing of guidelines for timely disposal of departmental proceedings against the officers of All India Services serving in connection with the affairs of the State Government / UTs &#8211; reg.</strong></h3>



<p>The undersigned is directed to refer to the subject cited above and to say that the timelines for departmental proceedings against the officers of All India Services were last reviewed vide DoPT&#8217;s Letter No. 106/7/2015-AVD.I (Part) dated 15/03/2017 in amendment of All India Services (Discipline and Appeal) Rules, 1969. With a view to streamline the processing of disciplinary proceedings (DP) against the officers of All India Services working in connection with the affairs of the State Government / UT, the following timelines/time frames are being stipulated:</p>



<figure class="wp-block-table"><table><tbody><tr><td><strong>S. No.</strong></td><td><strong>Stages involved in Disciplinary proceedings cases</strong></td><td><strong>Time-frame</strong></td></tr><tr><td>I</td><td>After obtaining approval of the Disciplinary Authority (DA) and serving of the Charge Memorandum on the Charged Officer (CO), CO to submit his Written Statement of Defence (WSD), if any</td><td>Within the period of 30 days, extendable by another 30 days at a time and not exceeding 90 days from the date of receipt of the Charge Memorandum as per Rule 8(5) of AIS (D&amp;A) Rules, 1969.</td></tr><tr><td>II</td><td>Conduct of Inquiry Proceedings by the Inquiry Authority / Presenting Officer after receiving the approval of the DA and submission of Inquiry Report</td><td>6 months, extendable by another 6 months at a time with the approval of State Disciplinary Authority (SDA) and for the reasons to be recorded in writing by the Inquiry Authority as per Rule 8(25) (a), (b) &amp; (c) of AIS (D&amp;A) Rules, 1969.</td></tr><tr><td>III</td><td>Comments of the concerned State Government on the Report of Inquiry Authority and submission of the Disagreement Note if any (reasons of disagreement), on the Inquiry Report</td><td>Within 14 working days</td></tr><tr><td>IV</td><td>After sharing the Inquiry Report and disagreement note, if any, CO to submit his written representation, if any</td><td>15 working days, as per Rule 9(2) of AIS (D&amp;A) Rules, 1969.</td></tr><tr><td>V</td><td>Comments of the concerned State Government on written representation of the CO, if any</td><td>Within 15 working days</td></tr><tr><td>VI</td><td>Submission of the matter by State Government toDoPT for the tentative decision/approval of the Disciplinary Authority</td><td>Through Single window System (SWS) within 14 working days, with prior appointment in DoPT</td></tr><tr><td>VII</td><td>Acceptance or return of DP Proposals received from representatives of State Government under Single Window System (SWS) in DoPT</td><td>Same Day</td></tr><tr><td>VIII</td><td>Examination of DP Proposal accepted from State Government in DoPT</td><td>Within 21 working days</td></tr><tr><td>IX</td><td>If found incomplete/shortcomings noticed-return of proposals to the State government concerned</td><td>Within 07 working days</td></tr><tr><td>X</td><td>If found complete- submission for tentative decision&nbsp;&nbsp;of Competent Authority in DoPT</td><td>Within 14 working days</td></tr><tr><td>XI</td><td>Process to send to UPSC for quantum of penalty after obtaining tentative approval of Competent Authority in DoPT</td><td>Within 07 working days</td></tr><tr><td>XII</td><td>On receipt of UPSC’s advice, processing&nbsp;&nbsp;to send it to State Governments (for further forwarding it to CO seeking his representation if any, and comments of State Government thereof).</td><td>Within 14 working days</td></tr><tr><td>XIII</td><td>After receiving the advice of the UPSC and sharing the same with the CO by State Government, CO to submit his written representation to State Government, if any.</td><td>Within 15 days, extendable by 15 days for reasons to be recorded in writing. Under no circumstances, the extension shall exceed 45 days from the date of receipt of the UPSC’s advice as stipulated in AIS (D&amp;A) Rules, 1969</td></tr><tr><td>XIV</td><td>On receipt of requisite inputs/comments from State Government, processing in DoPT for submission to Disciplinary Authority</td><td>Within 14 working days</td></tr><tr><td>XV</td><td>Issue of final orders, after receipt of decision of Disciplinary Authority in DoPT.</td><td>Within 07 working days</td></tr></tbody></table></figure>



<p>2. In view of the introduction of time frames as elaborated above, all State Governments/UTs are advised to adopt the following measures, as contained in DoPT’s letter dated 15/03/2017 that was issued after amendment to All India Service (Discipline &amp; Appeal) Rules, 1969 and re-iterated herewith, so that the time frames can be strictly adhered to and the inquiry process can be completed expeditiously:-</p>



<ol class="wp-block-list" type="i">
<li>All listed documents on the basis of which the proposed disciplinary proceeding is to be initiated must be in the Custody of the DA.</li>



<li>In case disciplinary proceedings are initiated simultaneously with criminal proceedings on the same set of charges, a copy of all the documents and files should be kept in the custody of the DA prior to handling over the records, in case the said records are to be submitted in a court of law. In this regard, CVC OM No. 3(v)/99/7 dated 6<sup>th</sup>&nbsp;September, 1999 may be referred to.</li>



<li>Care may be taken to ensure that all listed documents are provided to the charged officer along with charge-sheet to enable him to submit his representation within the stipulated time.</li>



<li>The charge-sheet/ advice of UPSC served on the CO may clearly indicate that in the absence of a Statement of Defence or comments on the advice from the CO within the stipulated time frame as mentioned in Rule 8(5) and Rule 9(5) or a request from CO for extension of time, it would be assumed that the CO has no views to offer.</li>



<li>During the course of inquiry, where the CO seeks additional documents, the IO may decide on the relevance of the documents so sought expeditiously. The IO may be advised to procure the permitted additional documents from the custodian Departments in State Governments/UTs and supply of copies of documents to CO within one month. In case of delays at the level of the Departments in State Governments/UTs, the same may be brought to the notice of the DA by the IO to resolve the issue expeditiously and DA should issue a non-availability certificate with regard to the documents which are not available.</li>



<li>The time taken during the inquiry process may be regularly monitored and a register of all pending inquiries may be maintained. The IO should be advised to complete inquiry within six months. However, if he is unable to do so for any good and sufficient reasons, he should make a request for extension in terms of new sub-rule 8(25) to the DA well within the stipulated time frame. Every such&nbsp;&nbsp;extension must be approved by the State Disciplinary Authority (SDA) before expiry of the six months time period.</li>



<li>The State Governments/UTs should appoint a Nodal Officer of the rank of Under Secretary, Government of India with contact details (mobile/ e-mail/fax) for effective coordination between the Central and the State Government/UT.</li>
</ol>



<p>3. This issues with the approval of Competent Authority.</p>



<p class="has-text-align-right"><strong>(Sign of Authority)<br /></strong><strong>Subodh Verma<br /></strong><strong>Under Secretary to the Govt. of India</strong></p>
<p>The post <a href="https://centralgovernmentnews.com/timely-disposal-of-departmental-proceedings-against-the-officers-of-all-india-services-serving-in-connection-with-the-affairs-of-the-state-government-uts/">Timely disposal of departmental proceedings against the officers of All India Services serving in connection with the affairs of the State Government / UTs</a> appeared first on <a href="https://centralgovernmentnews.com">CENTRAL GOVERNMENT EMPLOYEES NEWS</a>.</p>
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