DoPT
OM on Central Civil Services (Classification, Control and Appeal) Rules, 1965 –
instructions regarding timely issue of Charge-sheet
Department of Personnel &
Training has issued an OM on timely issue of Charge-sheet
F.No.11012/04/2016-Estt.(A)
Government
of India
Ministry
of Personnel, Public Grievances and Pensions
Department
of Personnel & Training
Establishment
A-III Desk
North
Block, New Delhi — 110001
Dated
August 23, 2016
OFFICE
MEMORANDUM
Subject: Central Civil Services
(Classification, Control and Appeal) Rules, 1965 – instructions regarding
timely issue of Charge-sheet – regarding.
The undersigned is directed to refer
to DoP&T’s O.M. No.11012/17/2013-Estt.A-III dated 3rd July, 2015 on the
above mentioned subject and to say that in a recent case, Ajay Kumar Choudhary
vs Union of India Civil Appeal No. 1912 of 2015 dated 16/02/2015, the Apex
Court has directed as follows:
“14 We, therefore, direct that the
currency of a Suspension Order should not extend beyond three months if within
this period the Memorandum of Charges/Charge sheet is not served on the delinquent
officer/employee; if the Memorandum of Charges/Charge sheet is served a
reasoned order must be passed for the extension of the suspension. As in the
case in hand, the Government is free to transfer the concerned person to any
Department in any of its offices within or outside the State so as to sever any
local or personal contact that he may have and which he may misuse for
obstructing the investigation against him. The Government may also prohibit him
from contacting any person, or handling records and documents till the stage of
his having to prepare his defence Furthermore, the direction of the Central
Vigilance Commission that pending a criminal investigation departmental proceedings
are to be held in abeyance stands superseded in view of the stand adopted by
us.”
2. In compliance of the above
judgement, it has been decided that where a Government servant: is placed under
suspension, the order of suspension should not extend beyond three months, if
within this period the charge-sheet is not served to the charged officer. As
such, it should be ensured that the charge sheet is issued before expiry of 90
days from the date of suspension. As the suspension will lapse in case this
time line is not adhered to, a close watch needs to be kept at all levels to
ensure that charge sheets are issued in time.
3. It should also be ensured that
disciplinary proceedings are initiated as far as practicable in cases where an
investigating agency is seized of the matter or criminal proceedings have been
launched. Clarifications in this regard have already been issued vide O.M. No.
11012/6/2007-Estt.A-Ill dated 21.07.2016.
4. All Ministries/
Departments/Offices’ are requested to bring the above guidelines to the notice
of all Disciplinary Authorities under their control.
5. Hindi version will follow.
(Mukesh
Chaturvedi)
Director
(E)
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