RBE No. 114/2000: Disciplinary Cases – UPSC Advice

PRO FORMA/ CHECK-LIST FOR FORWARDING DISCIPLINARY CASE 

TO THE UNION PUBLIC SERVICE COMMISSION

Part-I: SERVICE AND RELATED PARTICULAR

1

Name of charged officer and the service on which borne

2

(i)

Whether temporary/ permanent/ contract service

(ii)

If confirmed, date of confirmation

(iii)

Post if any in which quasi-permanent

3

Post held substantively, if in permanent service

(a)

Designation

(b)

Scale of pay (indicating stages, EB etc.)

(c)

Pay drawn

(d)

Date from which pay shown against (c) drawn

(e)

Date of increment

4

Post held at present

(a)

Designation

(b)

Scale of pay (indicating stages, EB etc.)

(c)

Pay drawn

(d)

Date from which pay shown against (c) drawn

(e)

Date of next increment

5

The next lower post (along with pay scale)/ grade, the officer would have held but for his appointment to the present post he is holding

6

Date of birth

7

Date of joining Govt. Service

8

Due date of retirement or actual date of retirement, if already retired

9

(a)

Amount of monthly pension admissible/ sanctioned

(b)

(i) Amount of gratuity admissible

(ii) Amount of gratuity sanctioned

(this pro forma is required only in respect of cases of recovery from or withholding of pensionary benefits)

10

(a)

Appointing authority in respect of the post held at present, or the authority which actually appointed the person, if that authority is higher

(b)

Authority competent to impose the penalty in respect of the post held at present

(c)

Appellate authority in respect of the post held at present

11

Whether an oral inquiry, if required under the rules, has been held

12

Name and designation of the Inquiry Officer, appointed, if any

Part-II: DETAILS OF CASE RECORDS

(all the records are required to be arranged and cross reference, as indexed below and page number of the file/ folders to be indicated against each item)

Item

Reference/ Comments

(Indicate references in terms of page number, file number, folder etc. Do not leave any column blank, if a document is not enclosed, indicate reasons)

(A)

ORIGINAL CASES 

(Where the Central Government or the State Government is the Disciplinary Authority and an order of penalty is to be passed for the first time)

(a)

Complaint, if any, received by the authorities

(b)

(i) Report of the preliminary enquiry, if any, held in the matter leading to the institution of formal disciplinary proceedings against the charged officer (together with depositions recorded)

(ii) Order, of suspension/ revocation of suspension, if any

(c)

Order, if any II of the competent authority for joint/ common proceedings where two or more Govt. servants are involved

(d)

(i) Charge sheet together with the statement of imputation along with enclosures

(ii) Records of delivery of charge sheet to the charged officer

(iii) Whether the charge sheet issued as per the Rules

(e)

Reply of the Charge Officer

(f)

A note from the Disciplinary Authority explaining the factual or procedural points, if any, raised in the Charged Officer’s reply in minor penalty cases where no enquiry has been held

(g)

Order of the disciplinary authority appointing the Inquiry Officer

(h)

Order of the disciplinary authority appointing the Presenting Officer

(i)

Daily Order Sheet maintained by the Inquiry Officer, indicating the progress of oral enquiry

(j)

Correspondence of the Inquiry Officer, if any, with the disciplinary authority or the Charged Officer

(k)

(i) Depositions – oral statement, recorded from prosecution witnesses and defence witnesses

(ii) Statement of defence of the Charged Officer

(iii) General Examination of the Charged Officer

(iv) Whether copies of relevant documents have been supplied to the Charged Officer

(v) Exhibits

(a)

Prosecution

(b)

Defence

(l)

(i) Written brief, if any, submitted by the Presenting Officer

(ii) Whether a copy of brief of Presenting Officer supplied to the Charged Officer

(m)

Written brief, if any, submitted by the Charged Officer

(n)

Inquiry Officer’s report

(o)

(i) Whether Inquiry Officer’s report provided to the Charged Officer

(ii) Weather disagreement of the Disciplinary Authority, if any, on the report of the Inquiry Officer communicated to the Charged Officer

(iii) Representation of the Charged Officer on the findings of the Inquiry Officer

(iv) Parawise comments of the Disciplinary Authority on the representation of the Charged Officer, if any

(p)

Whether the Disciplinary Authority has considered the merits of the case and come to the conclusion that a formal penalty is called for

(B)

APPEAL CASES

(Where the order of penalty has been passed by a subordinate authority and an appeal lies to the President. In these cases all the documents listed in (A) should also be sent.)

(a)

Order passed by the disciplinary authority together with a note, if any, containing the conclusion arrived at by him in respect of each charge

(b)

Appeal of the officer concerned

(c)

Whether appeal has been addressed to the competent authority

(d)

Comments of the disciplinary authority on the appeal including clarification on procedural points, if any, raised by the appellant

(C)

REVISION/ REVIEW CASES

(i)

Whether appeal addressed to the President of India or to some subordinate authorities

(Where the appellate authority is subordinate to the President and a modification of the appellate order is sought by way of revision/ review or where the President has passed the original order. In these cases all the documents listed in (A) and (B) should also be sent.)

(ii)

Whether the approval of the Competent Authority obtained before referring the Case for Commission’s advice

(a) Appellate Authority’s order/ President's orders

(b) Petition/ Memorial submitted by the officer

(c) Note indicating the Reviewing Authority’s findings on the charges, detailing the reasons warranting modifications of the penalty already imposed and extent of such modification

(d) Additional comments on the procedural and factual points, if any, raised in petition

(D)

PENSION CASES

(Where the President proposes to withhold or withdraw pension otherwise admissible to the officer as a result of disciplinary proceedings instituted/ deemed to continue in respect of an officer who has retired from service. In these cases all the documents listed in (A) should also be sent.)

(a)

Order of the President (Central Govt. in case of All India Service Officers), if any, that the disciplinary proceedings should be instituted/ continued under the relevant pension rules

(b)

Show Cause Notice issued to the officer indicating precisely the quantum of cut proposed to be made in his pension and the period for which it shall be operative

(c) 

Reply of the officer to the aforesaid notice

(d)

Comments on factual or procedural points raised by the officer in his reply

(E)

GENERAL

(a)

Miscellaneous documents regarding evidence such as the exhibits, statements, etc. referred to in (A) to (D) and extract of relevant Rules, Codes, Manuals, Acts, Judgments etc.

(b)

Information/ position of disciplinary proceedings instituted against other co-accused officers

(c)

Whether complete and up-to-date confidential roll of the officer has been enclosed

*Signature

Name in Block letters of officer of signing this statement

Designation

Telephone No.

Date

*To be signed by an officer not below the rank of CVO/ Jt. Secretary of the Government of India