Instructions regarding timely issue of Charge-sheet - Dopt orders on 3.7.2015
“The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may be
in a position to effectively exercise the justify of appeal available
to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires.
The time-limit of forty five days for submission of appeal should be
counted from the date on which the reasons for suspension are
communicated.”
G.I., Dept. of Per. & Trg., O.M.F.No.11012/17/2013-Estt.(A), dated 3.7.2015
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 O.M. of even no. dated
2nd January, 2014 regarding consolidated instructions on suspension 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:
We, therefore, direct that the currency of Suspension Order should not
extend beyond three months if within this period the Memorandum of
Charges/ Chargesheet is not served on the delinquent officer/ employee;
2. It is noted that in many cases charge sheets are not issued despite
clear prima facie evidence of misconduct on the ground that the matter
is under investigation by an investigating agency like Central Bureau of
Investigation etc. In the aforesaid judgement the Hon’ble Supreme Court
has superseded the direction of the Central Vigilance Commission that
pending a criminal investigation departmental proceedings are to be held
in abeyance.
3. In this connection, attention is invited to this Department O.M.
No.35014/1/81- EsttA dated 9.11.1982 which contained the guidelines for
timely issue of charge-sheet to Charged officer and to say that these
instructions lay down, inter-alia, that where a Government servant is
placed under suspension on the ground of “Contemplated” disciplinary
proceedings, the existing instructions provide that every effort would
be made to finalise the charges, against the Government servant within
three months of the date of suspension. If these instructions are
strictly adhered to, a Government servant who is placed under suspension
on the ground of contemplated disciplinary proceedings will become
aware of the reasons for his suspension without much loss of time. The
reasons for suspension should be communicated to the Government servant
concerned at the earliest, so that he may
be in a position to effectively exercise the justify of appeal available
to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so
desires. The time-limit of forty five days for submission of appeal
should be counted from the date on which the reasons for suspension are
communicated.
4. All Ministries/ Departments are requested to bring the above
guidelines to the notice of all concerned officials for compliance.
Soure : www.persmin.gov.in
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012_17_2013-Estt.A-03072015A.pdf
