Chapter - vii Disciplinary Proceedings and Suspension

was not made in conformity with principles of natural justice, it can also
remit the case for further inquiry on all or some of the charges.

(Observations of the Rajasthan High Court in Dwarka Chand Vs. State of

Rajasthan (AIR 1959, Raj. 38) regarding holding of second Departmental
inquiry)

7.26.3 The case for further Inquiry cannot be remitted to new Inquiry Officer.
Further or de-novo Inquiry should be done by the same Inquiry Officer
if original Inquiry Officer is available.

7.26.4 The discretion in this regard should be exercised by the Disciplinary

Authority for adequate reasons to be recorded in writing. A further inquiry
may be ordered, for example, when there are grave lacunae or procedural
defects vitiating the first inquiry and not because the first inquiry had gone
in favour of the delinquent officer. In latter type of cases, the Disciplinary
Authority can, if it is satisfied on the evidence on record, disagree with
the findings of the Inquiring Authority.

7.27 MAKING AVAILABLE A COPY OF CVC ADVICE TO THE CONCERNED

EMPLOYEE

When the CVC’s second stage advice is obtained, a copy thereof may be
made available to the concerned employee, along with the IO’s report,
to give him an opportunity to make representation against IO’s findings
and the CVC’s advice, if he desires to do so.

(CVC Circular No. 99/VGL/66 dated 28.09.2000- Making available a copy

of CVC’s advice to the concerned employee)

[Supreme Court judgement dated 13.10.1992 in SBI and others Vs D.C.

Aggrawal and another (AIR 1993 SC 1197); Karnataka High Court decision
in CWP No. 6558/93]

7.28 PROCEDURE FOR OBTAINING SECOND STAGE ADVICE OF THE

COMMISSION

(Refer para 1.6 of Chapter I also)

7.28.1 In cases where the Disciplinary Authority (DA), on conclusion of

disciplinary proceedings, proposes to impose a penalty which is in line

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with the Commission’s first stage advice in respect of officers falling

within the jurisdiction of the Commission, second stage advice of the
Commission is not required. Such cases would be dealt at the level of
the CVO and DA concerned in the Organisation / Department. However,
the CVO should forward a copy of the final order issued by DA in all
such cases of officers for Commission’s record. All such cases, where
the Disciplinary Authority proposes to take any action which is at
variance with the Commission’s first stage advice, would be referred to
the Commission for obtaining second stage advice (Para 7.28.3 may also
be referred).

7.28.2 The CVO would exercise proper check and supervision over such cases
and would ensure that the cases are disposed of expeditiously within
the time norms stipulated by the Commission; and will ensure that the
punishment awarded to the concerned officer is commensurate with
the gravity of the misconduct established on his part. The Commission
may depute its officers to conduct vigilance audit through onsite visits
to check the compliance. If the Commission comes across any matter,
which in its opinion, has not been handled properly, it may recommend
its review by the appropriate authority or may give such directions as it
considers appropriate.

(CVC Circular No. 08/12/14 dated 03.12.2014- Second stage consultation

with the CVC in disciplinary cases)

7.28.3 Advice in Composite Case: In respect of composite cases wherein the

Commission had tendered its first stage advice for all categories of officers
involved, second stage advice of the Commission should be sought only
if the DA’s opinion is at variance with the Commission’s advice. This
procedure would also apply to CBI investigated cases involving officials
not falling under the jurisdiction of the CVC wherein the Commission
had rendered its advice (cases where there were differences between the
CBI and the DA and which were referred to the CVC for advice).

(CVC Office order No. 03/01/10 dated 28.01.2010 – Clarification regarding

making reference to the Commission for advice on complaints and second
stage advice cases)

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 Chapter - vii Disciplinary Proceedings and Suspension

7.28.3A Second stage Consultation with CVOs of Departments / Organizations

14

in disciplinary cases of Category ‘B’ officers:

The consultation with CVO for second stage advice in respect of

such cases where the Disciplinary Authority proposes to impose a
penalty which is in line with the CVO’s first stage advice in respect of
Category ‘B’ officers (in non - CVC referred cases of individual cases or
composite cases) may be dispensed with. However, in disciplinary cases
of officers, where the DA tentatively proposes to take any action which
is at variance with the CVO’s first stage advice would continue to be
referred to the CVO for obtaining second stage advice.

The Commission vide Circular No. 08/12/14 dated 03.12.2014 prescribed

the procedure on similar lines for processing CVC referable cases of
Category A officers as well as composite cases involving Category B ‘
officers, wherein CVC had tendered first stage advice.

(CVC Circular No. 05/07/18 dated 10.07.2018: Second stage Consultation

with CVOs of Departments / Organizations in disciplinary cases of Category
‘B’ officers.)

7.28.4 Materials to be furnished for second stage advice: Following material

should be furnished to the Commission while seeking its second stage
advice:

(i) A copy of the charge sheet issued to the public servant;

(ii) A copy of the Inquiry Report submitted by the Inquiring Authority (along
with a spare copy for the Commission’s records);

(iii) The entire case records of the inquiry, viz. copies of the depositions,
daily order sheets, exhibits, written briefs of the Presenting Officer and
the Charged Officer;

(iv) Comments of the CVO and the Disciplinary Authority on the assessment
of evidence done by the Inquiring Authority and also on further course
to be taken on the Inquiry Report.

14
New para inserted vide CVC Circular dated 10.07.2018.

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(CVC Circular No. 14/3/06 dated 13.03.2006- Reference to the Commission

for its advice- Documents including the draft charge sheet to be enclosed
for seeking first stage advice and the documents to be enclosed for seeking
second stage advice reg.)
15
7.28.5 No reconsideration of Second Stage advice:

The Commission’s second stage advice is tendered based on inputs

received from Departments / Organisations which includes all material /
information pertaining to the individual disciplinary case. Further in
most of the cases, Commission had reiterated its earlier advice tendered
at second stage and in almost all such proposals, no new material /
additional facts were brought out by the Departments / Organisations to
justify any change. Also, in such cases or second stage advice, there is
little scope for reconsideration. Such proposals also result in avoidable
delays in finalization / issue of final orders by the Disciplinary Authority
concerned.

The Commission, therefore, has decided to dispense with consultation

for reconsideration of its second stage advice. Hence, no proposal for
reconsideration of the Commission’s second stage advice would be
entertained.

(CVC Office Order No. 10/09/20 dated 09.09.2020: Reference to

the Commission for reconsideration of its advice- Dispensing with
reconsideration of second stage advice)
16
7.28.6 Procedure for dealing with cases of disagreement between Disciplinary
Authority and CVC — instructions regarding consultation with
UPSC:

(i) All cases, where the Disciplinary Authority (DA) decides to impose a
penalty after conclusion of the proceedings and where UPSC consultation
is required as per existing rules / instructions, shall not be referred to the
CVC for second stage consultation.

15
Para substituted vide CVC Circular dated 09.09.2020.
16
Para substituted vide DoPT OM dated 01.03.2017 and CVC Circular dated 03.12.2014.

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 Chapter - vii Disciplinary Proceedings and Suspension

(ii) The CVC Circular No. 8/12/14 dated 03.12.2014 stipulates that all such
cases where the DA proposes to take any action which is at variance
with the Commission’s first stage advice would continue to be referred
to the Commission for obtaining second stage advice. However, the
aforementioned Circular applies only to the disciplinary cases of non-
Presidential appointees including officials of CPSEs, Public Sector Banks,
and Autonomous Bodies, etc.

The above instructions do not apply to the cases of the officers of Group
A services of the Central Government, All India Services (AIS) and such
other categories of officers of the Central Government where consultation
with UPSC is necessary before imposition of any of the prescribed
penalties.

In a situation where on conclusion of the departmental proceedings,

DA is of the tentative view that no formal penalty needs to be imposed
in respect of officers of Group ‘A’ services of the Central Government, of
All India Services (AIS) & such other categories of officers of the Central
Government and refers the case for second stage consultation with CVC
and if CVC advises imposition of a penalty which the DA on consideration
decides not to accept, then this becomes a case of disagreement between
DA and CVC which as per standing instructions require resolution by
DoPT.

(DoPT O.M No. 372/3/2017-AVD.Ill dated 01.03.2017: Procedure for dealing

with cases of disagreement between Disciplinary Authority and CVC —
instructions regarding consultation with UPSC thereof)

7.29 ISSUE OF FINAL ORDER ON THE REPORT OF INQUIRING

AUTHORITY

7.29.1 It is in the public interest as well as in the interest of the employees that
disciplinary proceedings should be dealt with expeditiously. At the same
time, the Disciplinary Authorities must apply their mind to all relevant
facts which are brought out in the inquiry before forming an opinion about
the imposition of a penalty, if any, on the Government servant. In cases
which do not require consultation with the Central Vigilance Commission

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or the UPSC, it should normally be possible for the Disciplinary Authority

to take a final decision on the inquiry report within a period of 3 months
at the most. In cases where the Disciplinary Authority feels that it is not
possible to adhere to this time limit, a report may be submitted by him to
the next higher authority indicating the additional period within which
the case is likely to be disposed of and the reasons for the same. In cases
where consultation with the UPSC and the CVC is required, every effort
should be made to ensure that such cases are disposed of as quickly as
possible.

(DoPT O.M No. 39/43/70-Ests(A) dated 08.01.1971 regarding taking of

expeditious action by Disciplinary Authorities on the reports of Inquiring
Authorities)

(DoPT OM No. 11012/21/98-Estt(A), dated 11.11.1998 regarding final orders

should be passed within three months)

7.29.2 After considering the advice of the UPSC, where the UPSC is consulted,
the Disciplinary Authority will decide whether the Government servant
should be exonerated or whether a penalty should be imposed upon him
and will make an order accordingly.

7.29.3 In determining the quantum of punishment, the Disciplinary Authority

should take into account only that material which the Government servant
had the opportunity to rebut. The object is to ensure that no material of
which the Government servant was not given prior notice and which he
was not given adequate opportunity of rebutting or defending himself
against should be taken into account for deciding the extent of punishment
to be awarded.

7.29.4 The order should be signed by the Disciplinary Authority competent

to impose the penalty. In a case in which the competent authority is
the President, the order should be signed by an officer authorised to
authenticate order issued in the name of the President under Article 77(2)
of the Constitution.

7.29.5 Self-contained speaking and reasoned order to be issued by DA: The

Commission’s view / advice in disciplinary cases is advisory in nature

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