RBE No. 58/1986: D&A Rules – Consultation with UPSC
No.E(D&A)85 RG6-31, dated 03.04.1986
Sub: Disciplinary proceedings against Government Servants – Procedure for consultation with the Union Public Service Commission.
A copy of Ministry of Personnel and Administrative Reforms, Department of Personnel and Training’s OM No.142/13/84/AVD-I, dated 05.11.1985 together with its enclosures on the above subject is enclosed for information and guidance.
The instructions contained in this Office Memorandum should be brought to the notice of all concerned.
Copy of DOP&AR’s OM No.142/13/84/AVD-I, dated 05.11.1985
Sub: Disciplinary proceedings against Government Servants – Procedure for consultation with the Union Public Service Commission.
1. The undersigned is directed to refer to this Deptt.’s OM of even number dated 20.05.1985, on the subject mentioned above and to state that the UPSC have brought to the notice of this Department that they do not get the complete information which they require for dealing with disciplinary cases presumably because some of the items of the proforma do not give a clear indication about the specific information required. The proforma for forwarding disciplinary cases to the UPSC for advice has, therefore, been suitably modified. A copy of the revised proforma is enclosed. It is requested, that in future, disciplinary cases may be referred to the UPSC along with the revised proforma annexed to this OM.
2. The UPSC have also pointed out that while forwarding cases to the Commission, the case records are not properly referenced. It is requested that for facility to quick verification and cross check of facts in the Office of the UPSC, it may kindly be ensured that the case records are property referenced before they are forwarded to the UPSC.
3. Suitable instructions in this regard may please be issued to all the Attached and Subordinate offices and other Field Units also.
Sd/-
P.N. Anantharaman
Under Secy. to Government of India
Proforma for forwarding disciplinary cases to the Union Public Service Commission
Part-I: service and related particulars
1. Name of charged officer and service on which born:
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 next increment.
(*) Not to be filled in the case of All India Service Officers.
4. Post held at present:-
(a) Designation
(b) Scale of pay (indicating stages, EB, etc.)
(c) Pay drawn
(d) Date from which pay show 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 folding.
6. Date of birth.
7. Date of joining Government service.
8. Due date of retirement or actual date of retirement, if already retired.
9. (a) Amount of monthly pension admissible/ sanctioned.
(i) Amount of gratuity admissible.
(ii) Amount of gratuity sanctioned.
(this information 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, on the authority which actually appointed the person, if that authority is higher.
(b) Authority competent to impose penalty in respect of the post held at present.
(c) Appellate authority in respect of the post held at present.
11. Whether an oral enquiry, if required under the rules, has been held.
12. Name and designation of the Enquiry Officer, appointed, if any.
Part-II : Details of Case Records:
All the records are required to be arranged and cross-referenced, as indexed, below and page numbers of the file/ folders to be indicated against each item.
Item *reference/ comments
(*) Indicate references in terms of page numbers, file numbers, folders, etc. Do not leave any column blank; if a document is not enclosed, indicate reasons.
(A) ORIGINAL CASES:
(where the President or 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 Parliament 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 of the competent authority for joint/ common proceedings where two or more Government servants are involved.
(d) Charge sheet together with the statement of imputations, if any, along with records to prove its delivery or otherwise.
(e) Reply of the Charged 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, Charged Officer, Presenting Officer, Witnesses etc.
(k) (i) Depositions oral statements recorded from prosecution witness and defence witnesses; replies of the charged officer to the questionnaire, if any, prepared by the Inquiry Officer.
(ii) Exhibit, both prosecution and defence along with a list of thereof giving description of each exhibit.
(iii) Written statement of defence, if any of the Charged Officer before the Inquiry Officer.
(l) Written brief, if any, submitted by the Presenting Officer.
(m) Written brief, if any, submitted by the Charged Officer.
(n) Inquiry Officer’s report.
(o) 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:
(Whether 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) Comments of the disciplinary authority on the appeal including clarification on procedural points if any, raised by the appellant.
(C) REVISION/ REVIEW CASES:
(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).
(a) Appellate Authority’s Order/ President’s order.
(b) Petition/ Memorial submitted by the Officer.
(c) Note indicating the Reviewing Authority’s findings on the charges, detailing the reasons warranting modification of the penalty already imposed and the extent of such modification.
(d) Additional comments on the procedural or 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*, 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.
(*) Central Government in the case of All India Service Officer.
(E) GENERAL:
(a) Miscellaneous documents regarding evidence such as the exhibits, statements, etc. referred to in (A) to (D) and extracts of relevant Rules, Codes, Manuals, Acts, Judgments etc.
(b) Whether complete and update confidential Roll of the Officer has been enclosed.
Signature ……………………………………….
Name in Block letters Officer of the
Ministry/ Deptt./ State Government
signing this statement ……………………
Designation ………………………………….…
Date ………………………………………….…….
Telephone No………………………….……….
Download Railway Board Circular RBE No. 58/1986
Forward reference ⇒RBE No.