IRCON INTERNATIONAL LIMITED

IRCON INTERNATIONAL LIMITED

VIGILANCE DEPARTMENT

Circular No.07/2004 Dtd.25.05.2004

Sub:Disciplinary Proceedings in Vigilance Cases Guidelines Reg.

CVC and Railway Board have circulated a number of guidelines/instructions from time to time on disciplinary proceedings. In order to make consolidated guidelines for clarity of all concerned it has been decided to issue following instructions.

The Special Chapter in Vigilance Management for PSUs describes the vigilance angle of any complaint. The CVO of a PSU is empowered to take action on any information related to any employee of the PSU on the basis of following: -

1. Complaints

2. Source Information

3. Press Clippings/Media

4. Audit Report/Inspection Report/Stock Verifications/Surveys etc

5. Reports of Parliament Committee

6. Scrutiny of Property Returns & Transactions reported by the employees.

7. Complaints/information forwarded from Railway Board/CVC/CBI or any other agency nominated by the Government of India.

1. ComplaintsComplaints have been divided into three major categories;

(i) Anonymous (ii) Pseudonymous and (iii) Genuine or authenticated complaint.

(i) As per CVCs circular No.3 (v) 99/2 dated 29-06-1999 it has been emphasized that no action should be taken on anonymous/ Pseudonymous complaint. However at the same time the CVO is empowered to take such complaint as source information and after verifying facts, action can be taken on such complaints after seeking CVCs advice.

(ii) Cases criminal in nature involving non-official persons, examination of private records requiring investigations abroad, which needs expert police investigation are to be entrusted to CBI with the approval of the head of the organization (MD).

(iii) Complaints involving Board Level appointees alone or with others are required to be forwarded by the CVO to the Administrative Ministry for consideration.

(iv) Complaints against Vigilance officers other than the CVO of the organization may be examined/investigated by the CVO of the organization and a final decision may be taken with the approval of the MD

(Explanation)

Information gathered from reports, returns, newspapers etc. will also be included under the term complaint and will be dealt in the same manner as above. Information received verbally should also be reduced to writing and dealt with similarly.

The disciplinary action can be taken in following cases:

i) Where the officer had acted in a manner as would reflect on his reputation for integrity or good faith or devotion to duty;

ii) If there is prima facie material to show recklessness or misconduct in the discharge of his duty;

iii) If he had acted in a manner which is unbecoming of a government servant;

iv) If he had acted in order to unduly favor a party;

v) If he had been actuated by corrupt motive however, small the bribe may be.

2. Investigation: -

On receipt of the complaint, the existence of Vigilance Angle or otherwise would be decided by CVO. Once vigilance angle is established, the case would be registered as vigilance case and given to a Vigilance Officer for investigation. After completion of the investigation, the Investigation Officer would prepare a self-contained report containing inter-alia,

a) The allegations b) Facts ascertained during enquiry c) Analysis of facts d) Defense of the accused officer e) Material facts to controvert the defense f) Conclusion & Recommendations. The CVO would then take decision on the investigation report & give recommendation to the Disciplinary Authority.

3.Investigation Report: -The Report of the investigating officer should be detailed, comprehensive & completely documented so as to enable the CVO to form an opinion. The CVO takes decision on the investigation report & gives his/her opinion on the investigation report to the Disciplinary Authority along with copies of Relied upon documents i.e. Annexure III of the charge sheet on the basis of which the charges are to be substantiated; draft charge sheet & Bio-data of the suspected officials.

In cases where the Investigation Report has to be sent to Railway Board/CVC, the report should be sent along with the hard copy of the investigation report and a floppy containing the said investigation report and vigilance comments. In addition, the draft charge sheet should also be sent along with the investigation reports, wherever applicable.

A brief summary of the investigation of the case may cover the following aspects:

i) Verification of genuineness of complaint

ii) Allegations in brief

iii) Results of the investigation

iv) Irregularities noticed against each official

a) Investigation report along with the charge sheet will be sent to Central Vigilance Commission through Railway Board only in case when;

i) The employee is a Board level employee or two levels below Board level employee in IRCON.

ii) When the complaint has been forwarded to IRCON Vigilance through Railway Board.

iii) In all other cases except as mentioned at (i) & (ii) above, CVO/IRCON may send the case directly to the CVC for seeking the first stage advice on the basis of merit of case.

In all cases, CVO/Vigilance department has full power to call for/seize the documents/records/original file etc. and record the statement of officials involved. The documents seized by the Vigilance department will remain in the custody of Vigilance till the DAR proceedings get completed.

Drafting of Charge Sheet: -

The charge sheet is the end product of a vigilance investigation. After careful examination and critical evaluation of all the facts a conclusion is drawn about the requisite action to be taken against the charged officer. Thus, thereafter, the charge sheet is a statement of fact of the case and needs to be very carefully drafted.

It has been observed that if the charge sheet is not framed carefully it helps the charged officer to get away with lapse/ misconduct committed by him. Many cases fail before the court of law just because of defective framing of charge sheet. Care should be taken to the following while drafting the charge sheet.

a) The substance of the imputations of misconduct or misbehavior into distinct article of charges should be specific. Article of charge should not be general. This has to be worded very carefully after taking into account the report of the Fact Finding Officer/Vigilance Officer.

Each article of charge should be supported with the

Detailed statement giving the time, date, place and the names of persons in whose presence the delinquent committed the specific misconduct.

Names of persons who would be called to prove each article of charge. Utmost care needs to be taken while finalizing the name of such persons so that they may not become hostile subsequently.

List of documents, which could be produced to substantiate each article of charge.

The statement of imputations/allegations annexed are supplementary/supportive material to the charge sheet; they are details of facts/evidence to support the charges made, and should contain names of witnesses/documents in support of the charges. That is, the statement of imputations is to make the basis of the charge, allegation-wise, precise and specific and should include details of what exactly each witness/document is going to prove regarding every charge.

Each charge should also have a separate statement of imputations of misbehaviour/misconduct. The common failing of list out one long statement of misconduct/ misbehaviour ought to be avoided.

The Disciplinary Authority should sign each page of the charge sheet.

In case where the public servant concerned is due to retire or superannuate soon, it is necessary to issue the charge sheet to him before retirement.

4.Custody of relied upon documents in the vigilance case

It has been observed in a number of instances where certain documents pertaining to disciplinary case get lost/misplaced during or after the proceedings. In order to ensure that the relied upon documents in original are not lost/misplaced the documents will be under the custody of vigilance. During the course of the enquiry the presiding officer will be the custodian of the original documents who will from time to time produce the original documents if specifically called for during the course of the enquiry to the Inquiry Officer or the Charged Officer as directed by the I.O.

As soon as it is decided by the D.A. to institute Disciplinary Proceedings against the employee, the complaint should be regarded as having taken the shape of vigilance case.5. Procedure for non-CVC vigilance cases pertaining to Group C & D employees.

In non-CVC cases, which arise out of vigilance investigations, the following procedure is to follow.

i) Appointment of IO is the prerogative of DA. The DA may ensure that the officer being appointed as IO is of sound integrity and possesses adequate knowledge of rules and procedures in regard to the conduct of the inquiry, which is a quasi-judicial preceding.

ii) In some cases Vigilance may forward a panel of IOs indicating the number of inquiries pending with each of them. The DA in that case may choose one out the panel and appoint him as IO.In cases involving more than one charged official, special care may be taken to appoint the same IO out of the panel of IOs sent by the vigilance.

iii) In case the vigilance has recommended major penalty and the DA proposes to exonerate or impose a minor penalty, the DA should first record his provisional order and then consult vigilance organization once. However after such consultation, the DA is not in agreement with the views of vigilance then the DA is free to pass speaking orders about the penalty. The vigilance organization, if they so consider, may seek revision of the penalty by the appropriate authority.

Similarly where a major penalty has been imposed by the DA in agreement with the recommendations of the vigilance but the appellate/reversionary authority proposes to exonerate or impose a minor penalty, the appellate/reversionary authority may first record provisional decision and consult the vigilance organization once. After such the authority is free to take a decision & issue the speaking orders.

iv) The DA may ensure that the copy of Notice of Imposition of Penalty (NIP) is sent to vigilance so that they can take necessary action to process for revision, if considered necessary by vigilance.

6.CVCs first stage advice

The Disciplinary Authority should go through all the documents/evidences at the initial stage before deciding whether it warrants Major Penalty or not. Once the DA has taken a decision and the case has been referred to the commission for its Ist stage advice with recommendations of major penalty the copy of draft charge sheet along with list of documents and witnesses are to be enclosed while seeking the advice. Investigation report along with recommendations of CVO & the DA to Railway Board & CVC is not mandatory in all cases. CVO/IRCON may correspond directly with the CVC except those cases where the DA is the Railway Board.

ACTION TO BE TAKEN AFTER RECEIVING 1 st stage advice.

IN CASE OF MINOR PENALTY If the Disciplinary Authority is agreed with the Charge Officers reply, the 2nd stage advice is not necessary, if it is proposed to impose minor penalty. However, the 2nd stage advice is necessary, if the DA proposes to drop the charges.

IN CASE OF MAJOR PENALTY

On receipt of the first stage advice, the draft charge sheet in accordance to the first stage advice received from CVC (in case it is through Railway Board) shall be forwarded to the Disciplinary Authority for issuing the charge sheet to the delinquent employee. The Disciplinary Authority must see the original documents mentioned in the Annexure-III of the charge sheet and must sign on each page of the Charge sheet.

In exceptional cases where the controlling / disciplinary authority concerned feels that due to some compelling reasons, CVCs first stage advice is not acceptable, reference should be made along with Vigilance comments to Railway Board for approaching CVC for reconsideration of their first stage advice. The Disciplinary Authority should ensure the serving of charge sheet to the Charge Officer as early as possible. The Charge Officer can represent his case to the Disciplinary Authority within the stipulated time period mentioned in the charge sheet.

The Disciplinary Authority, based on the consideration of the Charge Officers a defense/reply will decide further course of action.

7.APPOINTMENT OF IO/PO

Based on the consideration of Charge Officers reply, in major penalty cases the Disciplinary Authority can decide to remit the case for preliminary enquiry. The Disciplinary Authority on advice of CVO/DAR Cell/ or otherwise shall appoint an Inquiry Officer & Presenting Officer.

On receipt of the CVCs first stage advice, the Controlling Authority/Disciplinary Authority should normally implement it as the case may be. The Vigilance Directorate of the Railway Board or CVC (as the case may be) should be informed about the implementation of the first stage advice as soon as the charge sheet is issued and nomination of I.O./P.O. is to be done as per Companys D&A Rules.

For conducting the Departmental Enquiry the appointment of I.O is to be made by the DA. The services of retired Govt. officers may also be considered for the appointment of the IO in accordance to the CVC Circular dtd. 04.03.1999, 16.09.1999, 10.09.2001, 29.11.2002, 25.03.2003 & 01.08.2003. In all cases an Inquiring Officer should be sufficient senior to the Charged Official. For the Presenting Officer, there is no such bar. However, the Investigation Officer should not be appointed as Presenting Officer. The Presenting Officer should have sufficient knowledge of the Companys D&A Rule regulations etc.

8.ENQUIRY PROCEEDINGS

On receipt of Appointment Letter, the Inquiry Officer would write to the CO regarding the appointment as Inquiring Officer by the Disciplinary Authority and fix up a date of preliminary hearing .

i) The CO may request to the Inquiry Officer for communicating the Defense Assistant for his assistance.

ii) In case CO do not cooperate and do not present without proper reasons/information on the dates of hearing/oral inquiry, the Inquiry Officer is empowered to hold the proceedings ex-parte after giving him full opportunity to meet out the natural justice. However the date of every hearing is to be informed to the Charged Officer. At a later stage, if the C.O. wants to join the enquiry, the Inquiry Officer should allow him.

iii) In case if CO communicates that there is bias against him, the Inquiry Officer should stop the enquiry and send the representation to Disciplinary Authority . After receiving specific instructions from the Disciplinary Authority the enquiry should further proceed as per the advice of the DA.

iv) The Inquiry Officer may put questions, as he deems fit, to a witness for obtaining clarification on any point, but he shall not cross examine the witness.

v) IO shall ask mandatory questions to the CO after the prosecution & defense witnesses have been examined/ cross examined by the PO & the Defense.

All concerned of the Departmental Enquiry should follow the model time limits as circulated vide IRCON Circular No. IRCON/VIG/Pt.V/1186 dated 04-03-2004.

vi) After completion of the enquiry, the PO will submit his written brief to Inquiry Officer along with copy to the CO.

vii) The Inquiry Officer should ensure that the daily order sheet is signed by the IO, PO, CO/Defense helper. The copies of the daily order sheets are to be given to the Charge Officer and Presenting Officer after completion of the days proceedings.

After receiving the written brief of the Presenting Officer, CO will furnish his defense brief to the Inquiry Officer. The IO will consider the enquiry proceedings, PO brief, COs defense and will give his opinion on the each and every allegation of the charge-sheet stating proved/not proved/partially proved.

viii) An IO is required to give his finding in respect of each article of charge and reasons thereof. As the articles of charge are definite and distinct substance of the statement of imputations of misconduct or misbehaviour, the findings on each articles of charge have to be inter-alia based on statement of imputations. Therefore, the Inquiry Officers are required to record their findings in respect of each allegation framed in support of an article of charge in order to ensure that inquiry reports do not suffer due to deficiencies.

ix) Ensuring Attendance of Private Witnesses in Departmental Inquiries: -

The provisions of Departmental Inquiries (Enforcement of Attendance of witness and Production of Documents) Act 1972 can be taken recourse to in such cases. This act is applicable to all inquiry proceedings where lack of integrity is a charge or part of a charge.

9. Entitlement of TA/DA to the private witness & Retired employees appearing before departmental Inquiry.

The TA/DA as per the extent rules should be given to the IO, C O and PO including the private/defense witnesses. The payment of TA/DA to private persons or retired employees appearing as defense witnesses has been provided in the Ministry of Finance U.O. Note 3221-E IV(B)/61 dated 20-11-1961 and O.M.No.F.5(15)F.IV(B)/68 dated 15.09.1969 which inter-alia lay down that the private persons or retired employees appearing as prosecution or defense witnesses in departmental inquiries including those conducted by the commissioner of Departmental Enquirys should be paid TA/DA.

10.Standard of Proof in a Departmental Enquiry The standard of proof required is that of preponderance of probability and not proof beyond reasonable doubt.

11. Principal of Natural Justice

Principle of natural justice are rules laid down by the court giving minimum protection of the rights of an individual against an arbitrary procedure adopted by a quasi-judicial authority while making a order which effects his rights. The aim of these rules is to secure justice or to put negatively to prevent miscarriage of justice. The Supreme Court has held that these rules operate in areas not covered by any law validly made. In other words they do not supplant the law but supplement the law.

a)First Principal No one shall be judge in his own cause The Disciplinary Authority who conducts the Inquiry or the IO where one is appointed acts as a judge. He shall be independent, impartial, fair & objective. A person with a foreclosed mind, who has prejudged the issue or predetermined to punish the delinquent, should not act as DA. Similarly a person who is complainant or witness cannot as a judge.

b)Second Principal No one shall be condemned unheard The concept of reasonable opportunity extends through out the disciplinary proceedings from the stage of framing of charges till the final order of penalty.

12.Action on the Inquiry Report by the DAOn receipt of the Inquiry Report the DA can take t following actions

a) He may remit the case to the IO for further Inquiry & report

b) He may disagree with the findings of the IO and arrive at his own findings on the charge. In such case he has to record the reasons for disagreeing with the Inquiring Authority.

c) He may impose a minor penalty even if disciplinary proceedings were carried out for Major penalty.

He may impose any of the major penalties as stipulated in Rule 23 of guide on IRCONs Service Rules)

d) The Disciplinary Authority after going through the Inquiry Officers report would seek the advice of CVO on the Inquiry Officers report.

e)On the basis of CVOs comments and Inquiry Officers report, the Disciplinary Authoritys provisional views (irrespective of case where Disciplinary Authority is in agreement or disagreement with Inquiry Officers report) is to be sent to the CVC (may be through Railway Board) for seeking the CVCs 2nd stage advice. (Railway Board circular No.98/V-1/CVC/1/5 dtd. 15.03.1999 and CVC Office Order No.47/9/03 dtd. 10.09.2003. In required cases, Railway Board may forward the case for seeking CVCs 2nd stage advice with their recommendation.

13.Difference of opinion between the CVO and the DA/MD a)The cases, which are required to be referred to the CVC for advice, all relevant files, including the file on which the case has been examined, are required to be sent to the Commission.

b)The cases which are not required to be sent to the Commission for advice and if there is a difference of opinion between the CVO & the DA , the matter may be reported to the MD. In case of difference of opinion between the CVO and the MD in respect of corruption case, involving below Board level appointees, it is the responsibility of the MD to bring the case to the Board as per Para 34 of chapter 13 of Vigilance Manual of CVC.

14. Difference of opinion between CBI & Administrative Authorities.

When there is a difference of opinion between CBI & Administrative Authorities in a case where the CBI has recommended prosecution under PC Act, the commission will hold a joint meeting with the representative of CBI and concerned organization. In such meeting the CVO of the organization should take a brief from the DA in this regard and if the DA desires CVO will attend the joint meeting.

15.Procedure for the second stage advice of CVCThe IOs report is sent to the CVC with the vigilance comments and recommendation of MD for seeking the second stage advice of the Commission with the following documents.

i) Copy of the charge sheet with all the annexures

ii) COs statement of Defense

iii) IOs report & connected documents including, POs brief & COs brief

iv) Self contained note on findings of the DA on each article of charges, along with views of DA & CVO.

16.ACTION AFTER RECEIPT OF 2nd STAGE ADVICE

i) After receipt of 2nd stage advise from CVC through Railway Board by IRCON Vigilance ,the disagreement/agreement of DA with IOs report + copy of commissions advice is to be sent to the CO by DA.

ii) Receipt of C.O.s reply by DA.

iii) The DA will take his decision keeping in view of CVCs 2nd stage advice, I.O.s report and COs reply, & will issue NIP with speaking orders.

iv) In case the DA, does not agree to impose penalty as per the recommendation of CVCs 2nd stage advice, the provisional views of the DA along with vigilance comments would be sent to CVC for reconsideration.17.Consultation with CVC Making available a copy of the CVCs advice to the concerned employee.

To maintain transparency in all matters as far as possible it has been advised by the commission that the copy of the commissions first stage advice along with charge sheet may be made available to the concerned employee for his information. The 2-nd-stage advice of CVC along with IOs report may also be made available to the concerned employee so that he can defend himself before the Disciplinary Authority.

(CVCs Circular No. 99/VGL/66 dated 28-09-2000.)

18.Procedure for dealing with IOs report in a DAR case after receipt of 2 nd stage advice of CVC

After receipt of second stage advice of CVC the DA will send the copy of the Inquiry report to the CO along with his agreement or disagreement with the findings of the IO. The CO is required to submit his representation to the DA. If the DA disagrees with the second stage advice of CVC, he is required to record his provisional orders and the case is to be sent to the Railway Board for seeking either reconsideration of the CVCs second stage advice or otherwise.19. Penalties in disciplinary Proceedings

The subject has been considered by Vigilance as per Guidelines of Railway Board and accordingly following norms for punishment in DAR cases arising out of Vigilance Investigations are stipulated for the guidance of Disciplinary Authority/Revision Authority.

1. Major penalty should be recommended by vigilance in one of the following cases.

a) If Prima Facie Malafide is indicated

b) Where major loss of money has been caused

c) Trap cases

2. In other cases Minor Penalty could be recommended.

3. Norms for punishment.

(A) Major Penalties(Rule 23 of guide on Ircons Service Rules)

i) Reduction to lower grade or post, or to a lower stage in time scale

ii) Removal from service which shall not be a disqualification for future employment

iii) Dismissal from service

3.1 In case of fraud, forgery, permanent misappropriation of Government money, trap cases and assault on vigilance officials, one of the following major penalties should normally be imposed.

a) Dismissal

b) Removal from servicec) Compulsory retirement (When superannuating is at least five years away)Stiff/Severe Major Penalty

The term stiff/severe Major penalty means removal, dismissal, & compulsory retirement. Therefore all concerned may therefore adhere to the said interpretation strictly.

(Reference CVC Circular 99/DSP/1 dated 05-02-1999)In case such penalty is not imposed, the reasons thereof shall be recorded in writing. In case of major loss of Govt. money due to negligence etc. but where Malafide intention is proved, Major penalties should normally be imposed as stipulated in Guide on Ircons Service Rules.

4 (B) Minor Penalty(Rule 23 of guide on Ircons Service Rules)

4.1 In case where irregularity is of minor nature and no Malafide is established, but the past vigilance record of the staff is bad, one of the following Minor Penalties should normally be imposed.

(a) Censure

(b) Withholding of increments of pay with or without cumulative effect.

(c) Withholding of promotion

(d) Recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to the company by negligence or breach of orders.

4.2 Stiff/Severe Minor Penalty

The term stiff/severe Minor penalty means:

(a) Reduction to a lower stage in the time scale of pay for a period not exceeding three years, without cumulative effect and not adversely effecting his pension.

(b) Withholding of increments of pay.

(Reference CVC Circular 99/DSP/1 dated 11-08-1999)

5. Effective Punishment in disproportionate assets cases.

The CVC has advised in cases of all categories of officers against whom disproportionate assets/acceptance of bribe has been proved the Major Penalty to be imposed should ordinary be that of removal from service or compulsory retirement. (Reference CVC letter No. 4/3/75-R & CVC Circular 99/VGL/821 dated 24-03-1975 & 11-08-1999 respectively)

6. Suspension of official involved in criminal/departmental proceedings

If a official charged of corruption, if not suspended, manage to get their inquiries delayed because delay in criminal/departmental proceedings enables them to continue in service even though the charges against them are grave enough to deserve the punishment of dismissal from service. Such official can use the opportunity of continuance in service for earning money through illegal/corrupt means. In view of the above the official facing criminal/departmental proceedings should be placed under suspension & suspension should not be revoked in a routine manner.

(Reference CVC Circular 000/VGL/70 dated 25-09-2000 & Rule 20 of Guide on Ircons Service Rules)

7.Recorded Warning The DA through proper communication and record can issue the recorded warning and copy of the recorded warning shall be placed in the personal file of the employee. 8. Counseling Wherein Counseling has been recommended to be administered it shall be open to the competent authority to chose the method of counseling which can be either oral or in writing unless specified otherwise by CVC.

20.Fixing of responsibilities for inordinate/ unreasonable/ deliberate delay in disposal of DAR casesIt has been observed that in some of the cases unreasonable delay has taken place at various stages of the case. The DAR proceedings are to be taken seriously and it should not be allowed to drag on endlessly. Action against the officials responsible for causing inordinate delay in DAR proceedings can be initiated and even in such a situation the DA is also likely to be held accountable for the delay.

21.Delay in implementation of CVCs advice

A reasonable time limit for concluding and finalizing the vigilance cases is already built in the procedure for disciplinary proceedings. Accordingly it is advised that subsequent to CVC s first and second stage advice the responsibility for finalization and award of punishment passes on from vigilance to the HRM department.

CVC vide its letter No.000/VGL/18 dated 3rd March, 2003 has indicated that any delay over and above the prescribed time limits for finalization of disciplinary cases will be viewed as misconduct by the Commission and will render the concerned officials of the HRM Department and others concerned liable for being proceeded from the vigilance angle with its attendant ramifications.

HRM may devise suitable mechanism for monitoring Disciplinary Appeal Rule cases arising out of vigilance investigations in order to ensure that undue delay does not take place in the finalization of DAR cases.

22.Need for self-contained speaking and reasoned order to be issued by the authorities exercising disciplinary powersThe disciplinary proceedings against employees are quasi-judicial in nature and therefore, it is necessary that orders issued by such authorities should have the attributes of a judicial order. Therefore the recording of authorities should have the attributes of a judicial order. The recording of reasons in support of a decision by a quasi-judicial authority is obligatory as it ensures that the decision is reached according to law and is not a result of caprice, whim or fancy, or reached on ground of policy or expediency. Such orders passed by the competent disciplinary/appellate authority as do not contain the reasons on the basis whereof the decisions communicated by that order were reached, are liable to be held invalid if challenged in a court of law.

In view of the above it is brought to the notice of all disciplinary/appellate authorities that Disciplinary Authorities should issue a self contained, speaking and reasoned orders conforming to the aforesaid legal requirements, which must indicate, inter-alia, the application of mind by the authority issuing the order.

23.APPEAL REVISION & REVIEW (As per Guidelines on IRCONs Service Rules)

APPEAL- Rule 32 of Guide on Ircons Service Rules

During the course of the Disciplinary proceedings and after the penalty has been imposed the official may feel aggrieved that he has been treated harshly by the DA & justice has not been done to him. It may also be possible that the authorities might have committed some glaring mistakes or irregularities inadvertently during the disciplinary proceedings and now it is necessary to correct them. In such cases the aggrieved person has the statuary right to have the wrongs done to him set right by putting an appeal.

Period of Limitation of Appeals: - The appeal shall be made within the period of forty five days from the date on which the copy of the order appealed against is delivered to the appellant, however the appellate authority may entertain the appeal after the expiry of the period if he is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

REVISION

The appellate authority within six months of the date of the order proposed to be revised or any other authority specified in behalf by the president of India may at any time, either on his own or its own motion or otherwise call for the records or any inquiry and revise any order made under the rules from which an appeal is allowed.

REVIEW (Rule 33 of Guide on Ircons Service Rules)

The MD/Competent Authority may, at any time, either on his own motion or otherwise review any order passed under the rules, when any new material or evidence which could not be produced or was not available at the time of passing of the order under review and which has the effect of changing the nature of the case has come or has been brought to his notice.

POWERS AND DUTIES OF THE APPELATE AUTHORITY

The appellate authority is under obligation to consider

i) Whether the procedure in the D&AR proceedings has been complied with and if not, whether such non-compliance has resulted in violation of any constitutional provision or in the failure of justice.

ii) Whether the findings are warranted by the evidence on record

iii) Whether the penalty is adequate or severe.

He can confirm, enhance, reduce or set aside the penalty or remit the case with any direction he deems fit.

The appellate authority has thus power even to enhance the penalty in a appeal submitted by the effected official for relief. While enhancing the penalty, the appellant should be given opportunity to make a representation against such enhancement and in case of enhancement to a major penalty, an enquiry should be conducted if not held earlier.It is hoped that these guidelines would help all concerned in matter of DAR proceedings. A flow chart has also been annexed for easy guidance.

Sd/-

(Amita Prasad)

Chief Vigilance Officer

To:

MD/DP/DF/DW

GM (HRM)

All DAs in IRCON

www.irconnet.com

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