GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS

D.O.No. 372/03/2007-AVD.III(Vol.10)

NORTH BLOCK, NEW DELHI-110001
Dated the 17th April, 2017

Dear Sir,

Please refer to this Department’s O.M. No. of even No. dated 4th December,
2012 wherein it was conveyed that the Committee of Secretaries (CoS), Inter-alia has recommended for compilation of the action taken by Ministry/Department in compliance with the OMs/Circulars issued in respect of the recommendations as indicated in the aforesaid OM dated 4.12.2012 (copy enclosed) and to say that despite reminders dated 24.1.2013, 11.08.2014, 08.09.2014, 21.11.2014, 27.3.2015, 2.7.2015, 29.4.2016 ,25.07.2016 and 28.10.2016 no report on the action taken by your Ministry/Department has been received.

2. As the matter has been inordinately delayed, it is requested that action taken on the points pursuant to this Department’s OM of even number dated 04.12.2012 may please be furnished to this Department urgently.

Yours sincerely,
(Rakesh Kumar)

4th December, 2012

OFFICE MEMORANDUM

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee).

The undersigned is directed to say that a meeting of Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary was held on 30.10.2012 on the above subject.The CoS , inter-alia, has recommended for compilation of the action taken by Ministries/Departments in compliance with the OM.s/Circulars issued in respect of the recommendations regarding :

• compliance to the standard check list while sending cases to UPSC for advice (DoP&T’s OM No. 39011/12/2010-Estt.(B) dated 14 September; 2010);
• disposal of all pending cases for sanction of prosecution (DoP&T’s OM No
  372/64/2010-AVD-M dated 23 rd December, 2010);
• deciding all cases where disiplinary inquiry has been under contemplation.
  (DoP&T’s OM No. 372/55/2010-AVD-III dated 28 th December, 2010); and
• deciding all pending disciplinary inquiries (DoP&T’s OM No. 372/55/2010 -AVD III dated 28th December, 2010.

( A copy of each of the above OMs is enclosed for ready reference)

It is, therefore, requesteasthat action taken on above points in your Ministry/Department pursuant to the aforesaid OMs of Do PT may be sent to this Department within one month from the date of issue of this OM.

Encl: As above

(Amarjit Singh)
Deputy Secretary to the Govt. of India

DoPT Order

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GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS
NORTH BLOCK NEW DELHI-110001

D.O.No. 372/03/2007-AVD.III(Vol.10)

Dated the 1st November, 2016

Dear Sir,

Please refer to this Department’s 0.M. No. of even No. dated 4th December, 2012 wherein the Committee of Secretaries (CoS), Inter-alia has recommended, for compilation of the action taken by Ministry/Department in compliance with the 0Ms/Circulars issued in respect of the recommendations as indicated in the
aforesaid OM dated 4.12.2012 (copy enclosed) and to say that despite reminders dated 24.1.2013, 11.08.2014, 08.09.2014, 21.11.2014, 27.3.2015, 2.7.2015, 29.4.2016 and 25.07.2016 no report on action taken in pursuance of DOPT’s aforesaid OM dated 04.12.2012 has been received from your Ministry/Department.

2. As the matter has been inordinately delayed, it is requested that action taken on the points pursuant to this Department’s OM of even number dated 04.12.2012 may please be furnished to this Department urgently.

Yours sincerely,
(Rakesh Kumar)

Encl: As above

To,
Secretary of Ministries/Departments of the Government of India (as per list attached).

No.372/3/2007-AVD-III (Vol. 10)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

North Block; New Delhi.
4th December, 2012

OFFICE MEMORANDUM

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee).

The undersigned is directed to say that a meeting of Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary was held on 30.10.2012 on the above subject. The CoS , inter-alia, has recommended for compilation of the action taken by Ministries/Departments in compliance with the Olvls/Circulars issued in respect of the recommendations regarding :

• Compliance to the standard check list while sending cases to UPSC for advice
  (DoP&T’s OM No. 39011/12/2010-Estt.(B) dated 14th September, 2010);
• disposal of all pending cases for sanction of prosecution (DoP&T’s OM No. 372/64/2010-AVD-III dated 23rd December, 2010);
• deciding all cases where disciplinary inquiry has been under contemplation.
  (DoP&T’s OM No. 372/55/2010-AVD-III dated 28th December, 2010); and
• deciding all pending disciplinary inquiries (DoPT’s OM No. 372/55/2010-AVD III dated 28th December; 2010)

(A copy of each of the above OMs is enclosed for ready reference)

It is, therefore, requested that action taken on above points in your Ministry/Department pursuant to the aforesaid OMs of DoPT may be sent to this Department within one month from the date of issue of this OM.

Encl: As above

(Amarjit Singh)
Deputy Secretary to the Govt. of India

Click to view the order

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372/3/2007-AVD-III (Vol. 10)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***

North Block, New Delhi
Dated: 14th October, 2013

Office Memorandum

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee) – Para 38 of the Committee’s Report regarding payment of TA/DA to retired government servants appearing as witnesses in proceedings before the CDI in CVC – Government’s decision thereon – reg .

The undersigned is directed to say that the Govenunent had appointed a Committee of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend measures for their expeditious disposal.

The Committee comprised the following:

(i) Shri P.C. Hota, Former Chairman, UPSC – Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT – Member
(iii) Shri P. Shankar, former CVC – Member.

2. The Expert Committee has, in para 38 of its Report, inter alia, recommended that “In case the witness is a retired Government Servant and is appearing before the CDI in  a Departmental Inquiry, the expenses would be borne, in the first instance, by the CVC and subsequently be adjusted with the Department/Organisation concerned.”.

3. The aforesaid recommendation of the Hota Committee has been considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary and the CoS has recommended acceptance of this recommendation. Government has accepted the recommendation of the Hota Committee as endorsed by the CoS.

4. Accordingly, it has been decided that in cases where any of the witnesses in a departmental inquiry is a retired Government Servant and is appearing before the CDI in the Central Vigilance Commission in the Departmental Inquiry, the expenses on payment of admissible TA/DA to such witness would be borne, in the first instance, by the Central Vigilance Commission and subsequently be adjusted with the
Department/Organisation concerned.

5. The above decision of the Government is brought to the notice of all Ministries/Departments for information and compliance.

(V.M. Rathnam)
Deputy Secretary to the Govt. of India
Tel: 23094637

1. All Ministries/Departments of the Government of India
2. Secretary, Central Vigilance Commission, New Delhi

Copy to Sr. Tech. Director, NIC, DoPT for uploading on the website of DoPT

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-38-14102013.pdf

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North Block, New Delhi
Dated: 14th October, 2013

Office Memorandum

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee) – Para 48 of the Committee’s Report on conclusion of major penalty proceedings within a period of 18 months – Acceptance by Government – reg .

***

The undersigned is directed to say that the Government had appointed a Committee of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend measures for their expeditious disposal.

The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC – Chairman
(ii) Slid Arvind Varma, Former Secretary, DoPT – Member
(iii) Shri P. Shankar, former CVC – Member.
2. The Expert Committee has, in para 48 of its Report, made the following recommendation:-

“48. For major penalty Inquiries as envisaged in Article 311(2) of the Constitution, where the Inquiry Officer has to do a detailed inquiry into the Articles of Charge by examination of witnesses both of the Presenting Officer and of the delinquent Government Servant and where relevant documents have to be examined/exhibited for a just decision in the case, the maximum time could be twelve months from the date of service of the Articles of Charge before the case records are referred to the UPSC for advice under Article 320(3)(c) of the Constitution.
Hopefully, if the UPSC takes a maximum period of five to six months to give its considered advice, the Disciplinary Inquiry for a major penalty can be concluded within a maximum period of eighteen months from the date of service of Articles of Charge on the delinquent Government Servant till the date of the final order by the Disciplinary Authority, after consultation with the UPSC. (Elsewhere in this Report, we have recommended that the CVC’s second stage advice may be dispensed with because of reasons mentioned by us. We would like to leave it to the best judgment of the UPSC to devise methods for reducing the time talcen by it in rendering its advice under Article 320(3) (c) of the Constitution.)”.

3. The aforesaid recommendation of the Hota Committee was considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary. The CoS has, inter alia, taken note of the fact that, vide DoPT’s 0.M.No.372/19/2011-AVD-111(Pt.1) dated 26th September, 2011, the second stage consultation with the Central Vigilance Commission has already been dispensed with and that it is only in cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC is now necessary. The CoS also took note of the fact that the introduction of a single window system in the UPSC to accept files regarding major penalty proceedings has led to considerable reduction in time taken to conclude major penalty proceedings. The CoS has accordingly recommended that the recommendation of the Hota Committee in para 48 of its report as referred to above may be accepted. The  recommendation has accordingly been accepted by the Government and it has been decided that all Ministries/Departments shall ensure that all major penalty proceedings against government servants under their control are completed and final orders are passed by the concerned Disciplinary Authority within 18 months from the date of delivery of charge-sheet on the delinquent government servant.
4. The above decision of the Govenunent is brought to the notice of all Ministries/Departments for strict compliance.

(V.M. Rathnam)
Deputy Secretary to the Govt. of India
Tel: 23094637

All Ministries/Departments of the Government of India
to Sr. Tech. Director, NIC, DoPT for uploading on the website of DoPT.

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-48-14102013.pdf

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• compliance to the standard check list while sending cases to UPSC for advice )DoP&T’s OM No.39011/12/2010-Estt.(B) dated 14th September, 2012);
• disposal of all pending cases for sanction of prosecution (DoP&T’s OM No.372/64/2010-AVD-III dated 23rd December, 2010);
• deciding all pending disciplinary inquiries (DoP&T’s OM No.372/55/2010-AVD-III dated 28th December, 2010).

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