Examine employees before closing disciplinary cases, says government

The inquiry officers must question government employees before finalising disciplinary cases against them, the government said on Wednesday.

As per rules, the inquiring authority after the government servant closes his case generally question him on the circumstances appearing against him in the evidence.

"This is a formal action required to be taken by the inquiry officer before closing the inquiry. It has been seen that many a times this is not formally recorded and the inquiry gets vitiated. It is imperative that the inquiry is conducted strictly in accordance with the procedures prescribed," an order issued today by the Department of Personnel and Training (DoPT) said.

The directive comes after DoPT noticed procedural lapses in the cases referred to it for advice. "Many a times the Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case," it said.

The departmental proceedings, if instituted while the government servant was in service, whether before his or her retirement or during his re-employment, shall, after his or her final retirement, be deemed to be proceedings under the rule and shall be continued and concluded by the authority which commenced them, the DoPT said.

This rule also stipulates that where the departmental proceeding is instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President, it said.

All ministries or departments are requested to please bring to the attention of all concerned the necessity of conforming to the procedures prescribed for conducting departmental proceedings, the DoPT said.