No. 4-4/2016-Vig
Government of India
Ministry of Communications
(Department of Posts)

Vigilance Branch
Dak Bhawan, New Delhi
Dated: 9th September, 2020

To

All CPMeG

Subject: Procedure for empanelment of retired officers as the Inquiry officers for conducting Departmental Inquiries – reg.

I am directed to forward herewith a copy of Office Memorandum No.142/80/2015-A.V.D.  dated 15th September, 2017 on the subject cited above wherein the DOP&T has circulated instruction on utilizing the services of retired Officers for conducting departmental inquiries (copy enclosed).

2. It is stated that panels of retired officers (not below the rank of Deputy Secretary) from the Ministries/ Department under Government of India and PSUs is to be created and maintained for conducting Departmental Inquiries against the delinquent officers.

3 It is therefore requested that names of retired officers (not below the rank of Deputy Secretary) willing to act as Inquiry Officers for conducting Departmental Inquiries may be forwarded to the following address Shri Nahar Singh Meena, Section Officer, Room 108 D, Vigilance Section, Department of Pests, Dak Bhawan, Sansad Marg. New Deiti-110001 in the prescribed format attached with Office Memorandum under reference for preparation of panel of retired officer as inquiry Officers.

Yours faithfully,

Jagdeep Gupta)
Director (Vigilance)

Enclosure: As above

Copy to: Secretary (PSB) and DDG (Personnel) with the request to send the names of retired officers (not below the rank of Deputy Secretary) willing to act as Inquiry Officers

Source: DoP

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F.No.142/40/2015-AVD.I
Government of India Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel and Training

New Delhi
Dated, the 15th September, 2017

OFFICE MEMORANDUM

Subject: Procedure for empanelment of retired officers as the Inquiry Officers for conducting Departmental Inquiries- reg.

The undersigned is directed to state that the issue of utilizing the services of retired officers for conducting departmental inquiries had been under consideration of the Department. It has now been decided that panels of retired officers from the Ministries/Departments under Government of India and PSUs would be created and maintained by the respective Cadre Controlling Authorities for conducting Departmental Inquiries against the delinquent officials.

2. Procedure for empanelment of retired officers as the Inquiry Officers – Panels of retired officers not below the rank of Deputy Secretary in Central Government and equivalent officer in the State Governments/PSUs to be appointed as the Inquiry Officer for the purpose of conducting departmental inquiries would be maintained level/rank wise and place-specific by each cadre controlling authority where its offices are located.

3. Validity of the panel – The panel of the retired officers created for the purpose of appointing Inquiry Officers for conducting departmental inquiry will be valid for a period of three years. The respective Cadre Controlling Authority will ensure that a panel of retired Inquiry Officers is available with them.

4. Following are the eligibility conditions for appointment of willing retired officers as the Inquiry Officers to conduct departmental inquiries:-

(i) Retired officers who are willing to serve as Inquiry Officer.
(ii) He/she should not have been penalized in a Disciplinary Proceeding case (no penalty in DP or prosecution in criminal case)

5. The respective Cadre Controlling Authority will immediately take necessary action for inviting applications from willing and eligible retired officers to serve as the Inquiry Officer for conducting departmental inquiry. In this regard, a format for inviting applications is annexed.

6. A three-member committee consisting of Joint Secretary level officers including CVO of the concerned Ministry/Departments/PSUs would be constituted by the respective cadre controlling authority. The other two members can be from the same Ministry/Department or from the attached or subordinate office. After receipt of willingness of the retired officers, names of the officers will be screened by the committee so constituted. The formation of panel will be a continuous and ongoing process. The DA will decide on the appointment of the JO based on willingness for a case, experience in the sector and status of residence. Committee constituted for making panels of retired officers as the Inquiry Officer has to keep in mind that applications of retired officers willing to serve as an Inquiry Officer should be scrutinized carefully to ensure that the applicant meets the eligibility criteria.

7. The number of disciplinary cases assigned to an Inquiry Officer may be restricted to 8 cases in a year, with not more than 4 cases at a time.

8. Terms and conditions for appointment of retired officers as the Inquiry Officer.

The designated Inquiry Officer shall require to give an undertaking as follows:-

(i) that he/she is not a witness or a complainant in the matter to be inquired into or a close relative or a known friend of the delinquent Government officer. A certificate to this effect will be obtained from the Inquiry Officer with respect to every inquiry and placed on record

(ii) shall maintain strict secrecy in relation to the documents he/she receives or information/data collected by him/her in connection with the inquiry and utilize the same only for the purpose of inquiry in the case entrusted to him/her.

9. No such documents/information or data shall be divulged to anyone during
the Inquiry or after presentation of the Inquiry Report. All the records, reports etc. available with the Inquiry Officer shall be duly returned to the authority which appointed him/her as such, at the time of presentation of the Inquiry Report.

10. The Inquiry Officer shall conduct the inquiry proceedings at a location taking into account the availability of records, station/place where the misconduct occurred as well as the convenience of the witnesses/ PO etc. Video Conferencing should be utilized to the maximum extent possible to minimize travel undertaken by the IO/PO/CO. The cadre controlling authorities will facilitate necessary arrangements for the Video Conferencing.

11.The Inquiry Officer shall undertake travel for conducting inquiry (in unavoidable circumstances) with the approval of an authority as may be nominated by the concerned Ministry/Department.

12.The Inquiry Officer shall submit the inquiry report after completing the inquiry within 180 days from the date of his/her appointment as the Inquiry

Officer. Extension of time beyond 180 days can be granted only by the Authority as may be prescribed.

13. The rates of honorarium and other allowances payable to the Inquiry Officer will be as under:-

50% will be paid on submission of the Inquiry Report. Remaining amount will be paid within 45 days. In case it is not possible to proceed with the matter due to stay by courts etc., the Inquiry Officer may be discharged from his/her duties and payment of honorarium and other allowances will be made on pro rata basis.

14. Before the payment is received by the Inquiry Officer, it will be his/her responsibility to ensure that:-

(a)All case records and inquiry report (two ink signed copies) properly documented and arranged is handed over to the office of Disciplinary Authority.

(b)The report returns findings on each of the Articles of Charge which has been enquired into should specifically deal and address each of the procedural objections, if any, raised by the charged officers as per the extant rules and instructions.

(c)There should not be any ambiguity in the inquiry report and therefore every care should be taken to ensure that all procedures for conducting departmental inquiries have been followed in accordance with the relevant rules/instructions of disciplinary and appeal Rules to which the delinquent Government officials are governed.

15. Letter regarding engaging a retired officer as the Inquiry Officer will only be issued with the approval of the Disciplinary Authority of the Ministry/Department/ Office concerned.

16. A review of every empanelled Inquiry Officer will be done after receipt of 2 inquiry reports where adherence to time lines and the procedure and quality of work will be assessed by the concerned Ministry. Subsequent allocation of work may be done only after such evaluation. The services of Inquiry Officers whose performance is not upto the mark will be terminated with the approval of appointing authority.

17.Any issue arising out of this O.M. between the Inquiring Officer and the Disciplinary Authority will be decided by the Secretary , DoPT whose decision shall be final and binding on both parties.

18.These guidelines are issued for internal use of DoPT and other Cadre controlling authorities may adopt the same with suitable amendments.

(K. Srinivasan)
Under Secretary to the Govt. of India
Te1:23092957

Source: Dowmload PDF

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No.142/15/2010-AVD-I
Govemment of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated 31st July, 201

Office Memorandum

Subject : Grant of Honorarium to Inquiry Officers (IO)/Presenting Officers (PO) – Consolidated instructions regarding.

The undersigned is directed to say that the Department of Personnel and Training have issued instructions vide NO 1344/99-AVD-I dated 29th June 2001 and 7th April 2003 on the subject of honorarium to the Inquiry Officers and Presenting Officers covering the aspects of rates of honorarium, appointment of retired officers as Inquiry Officer, terms and conditions for payment of honorarium etc from time to time. The rates of honorarium payable to IO/PO were last revised vide this Department’s OM no 142/20/2008-AVD-I dated 27th July 2009. [copy attached].

2. A Committee of Experts set up to review the procedure of Disciplinary Nigilance inquiries and to recommend measures for their expeditious disposal under the chairmanship of P.C Hota, former Chairman of UPSC in May 2010 had made a series of recommendations in July 2010 including the rates of honorarium. The detailed recommendation of the expert committee is available on the website of this Department. It can be accessed through the Link. http://persmin.nic.in/DOPT/Publication/CommitteeReport/HotaCommitteeRevort/HotaCommitteeReport.pdf . The Committee had made specific recommendations as regards the rates of honorarium to IO/PO. The Reconunendations of the Committee on the proposed increases in Honorarium relating to IO/PO are contained in paras 37, 42-44 of the report of the Committee.

3. The recommendations of the Expert Committee on the aspect of revision of rates of honorarium along with some other related measures were examined in the Department and was placed before the Group of Ministers on Corruption, set up for examining measures, including legislative and administrative, to tackle corruption and improve transparency. The Group of Ministers while considering the Terms of Reference also considered the recommendations of the HOTA Committee and recommended that the remuneration of the
IOs and POs may be fixed, keeping in mind the recommendations of the HOTA Committee. These recommendations of the GOM have been accepted by the Government.

4. It has therefore been decided to revise the existing rates of honorarium payable to IO/PO in line with the recommendations of the Expert Committee. The revised rates of Honorarium and other allowances payable to IO both serving and retired officers and PO(serving) and the terms and conditions governing the same is indicated in Annexure -1 to this OM. The rates of Honorarium stated therein are ceilings and the concerned
ministry/department where the misconduct was committed may decide the exact quantum of honorarium to be paid keeping in mind the volume of work involved in specific cases and the terms and Conditions indicated in the Annexure -1.

5. The revised structure of rates of honorarium and allowances as indicated in Annexure-I are intended to be made applicable to Departmental Proceedings including inquiry proceedings undertaken by the committee on Sexual Harassment, by Ministries /Department in respect of officials /officers serving under different cadres of services under their administrative control. However, in case a cadre of a service or organisations such as
autonomous bodies have a separate set of rules and instructions for regulating honorarium to IO/PO in existence they may choose to continue with their own set of instructions. Fully or partially funded autonomous bodies may retain their own provisions so long as they are not more beneficial than what has been proposed in this OM.

6. This orders will take effect from tie date of issue of this OM and will also apply to all inquiries in progress.

7. The services of serving officers may be used as IO and PO to the extent possible in the conduct of departmental inquiries. However, Central Vigilance Commission has been requested to create and maintain a panel of retired officers/officials willing to serve as IO for conducting departmental inquiries and for this purpose also design a procedure for inviting applications from the retired Government Servants to be followed by the Ministries and Departments. Till such time such a panel of retired officers become available from CVC, the concerned ministries /departments may, where it is not possible to use the services of a serving officer as Inquiry Officer for conducting departmental inquiries, use the services of officers who have retired from Ministries/Departments, for conducting such departmental inquiries.

8. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their UO no.14(4)/2009-E-II(B) dated 26.3.2012 and 5.6.2012.

9. Hindi Version will follow.

sd/-
(P.K.Ravi)
Under Secretary to the Government of India

Source : www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02ser/142_15_2010-AVD-I-31072012.pdf]

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