Considering petition of bias by Charged Officers

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Vigilance Guideline Regarding Considering petition of bias by Charged Officers

March 26, 2024, 9:49 PM

CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi-10023

No. 023/VGL/120
Dated, 19/02/2024

Circular No. 03/02/24

Subject: Considering petition of bias by Charged Officers —reg.

Central Vigilance Commission, as part of superintendence over vigilance administration of organizations covered under its jurisdiction, monitors the progress of pending disciplinary proceedings. It is seen that in many cases, there 1s considerable delay, beyond the prescribed time limit, in bringing the disciplinary proceedings to logical conclusion. One of the reasons noticed for such delay is that, the Charged Officers during the course of departmental inquiry, raise issues of bias against the Inquiry Officer and the inquiry proceedings are stayed till the disposal of bias petition by the Competent Authority.

2. It may be noted that D/o Personnel & Training vide their OM No. 39/40/70-Ests-A dated 09.11.1972 has issued instructions on departmental proceedings, which also deals with the procedure for handling bias petitions filed by Charged Officer. Para 4 of DoPT’s OM dated 09.11.1972 provides that ‘whenever an application is moved by a Government servant against whom disciplinary proceedings are initiated under the CCS (CCA) Rules against the inquiry officer on grounds of bias, the proceedings should be stayed and the application referred, along with the relevant material, to the appropriate reviewing authority for considering the application and passing appropriate orders thereon’.

3. Further, it may also be noted that as per Rule 22 (iii) of CCS (CCA) Rules, 1965 and Rule 15 of All India Services (Discipline and Appeal) Rules, 1969 ‘no appeal shall lie against any order passed by an inquiring authority in the course of inquiry.’

4. The Commission has desired that while considering the bias petition, as per the provisions contained in DoPT’s OM dated 09.11.1972, the provisions of Rule 22 (ii) of CCS (CCA) Rules, 1965 and Rule 15 of All India Services (Discipline and Appeal) Rules, 1969 may also be kept in mind. In order to ensure that there 1s no undue delay in completion of disciplinary proceedings due to bias petition, the Competent Authority may dispose of the bias petition expeditiously, preferably within a period of 30 days, while observing the principles of natural justice.

5. It is also seen that Railway Board, vide their letter No. E (D&A) 2022 RG6-12 dated 27.12.2022, have issued guidelines / clarifications regarding handling of bias petition, which has been found to be quite effective by Railway Board in prompt disposal of bias petition and timely completion of inquiry proceedings. A copy of the same is enclosed along with these guidelines. Respective organizations may consider the above cited guidelines of Railway Board for adoption by them, with suitable modifications / changes as may be deemed appropriate.

6. The above guidelines may be noted for compliance. The CVOs of respective organizations may bring these guidelines to the notice of the Chief Executive Officer of their organizations, for further necessary action in this regard.

(Rajiv Verma)
Director

Original Order

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