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Questions and Answers
What is the condition required for taking action against an employee lent to another government?
What should the borrowing organization do if it thinks a penalty is necessary against the accused?
What is the role of the competent authority in the lending organization?
What happens to the services of an employee lent to another government?
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What section deals with the action against the accused in the lending organization?
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What is the purpose of transmitting the record of proceedings to the lending organization?
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What is the minimum rank of employees that requires prior approval from the lending organization?
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What happens to the employee if the borrowing organization thinks a penalty is necessary?
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What is the relationship between the lending and borrowing organizations?
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What is the purpose of Section 15?
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Study Notes
Initiation of Proceedings
- Competent authority can proceed against an accused employee by issuing a show cause notice under Section 7
- The competent authority may dispense with the inquiry and impose a penalty if there is sufficient documentary evidence or if the employee has been convicted of an offence other than corruption
- The employee is given an opportunity for personal hearing under Section 7(d) before the competent authority or a designated hearing officer
Action in Conviction or Plea Bargain
- If an employee is convicted by a court of law or enters into a plea bargain, the competent authority may impose penalties under Section 8
- If the employee is convicted of charges other than corruption, the competent authority may proceed under Section 7
- If the employee is acquitted due to compounding of an offence involving moral turpitude, the competent authority may proceed under Section 9
Procedure Where Inquiry is Necessary
- The competent authority may decide to hold an inquiry under Section 9, which involves:
- Appointment of an inquiry officer or committee
- Clearly specifying the charges against the employee
- Appointment of a departmental representative (DR)
- The inquiry officer or committee shall inquire into the charges and examine evidence
- The accused may furnish a reply to the charges, and if they fail to do so, the inquiry may proceed ex parte
Procedure by Inquiry Officer or Committee
- The inquiry officer or committee shall inquire into the charges and examine evidence
- The accused and the DR may cross-examine witnesses
- If the accused hampers the progress of the inquiry, the inquiry officer may:
- Administer a warning, and if the accused continues to disregard the warning
- Record a finding to that effect and complete the inquiry in the interest of justice
- If the charges are proved, the competent authority may impose penalties under Section 4
Duties of the Departmental Representative
- The DR shall assist the inquiry officer or committee during the proceedings
- The DR shall be present with all relevant records and cross-examine witnesses produced by the accused
- The DR shall rebut the grounds of defence offered by the accused
Personal Hearing
- The authority affording personal hearing or the hearing officer shall call the accused and the DR to appear before them
- The authority shall record their remarks in writing after the hearing
- The hearing officer shall submit a report to the authority, including a summary of the inquiry report, defence offered by the accused, and views of the DR
Procedure of Inquiry Against Officers Lent to Other Governments
- Where an employee is lent to another government, the competent authority of the post against which the employee is posted may initiate proceedings with the prior approval of the lending organization
- The borrowing organization shall transmit the record of proceedings to the lending organization, and the competent authority shall take action against the accused under Section 13
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Description
Learn about the process of initiating disciplinary proceedings against an accused employee, including the issuance of show cause notices and the role of the competent authority.
