No dead wood, Modi government sets 6-month deadline for inquiries against officials

NEW DELHI: All disciplinary inquiries against central government officials must be completed within six months, the Narendra Modi government has decided, to hasten the removal of dead wood from government ranks. Officials would be given only 15 days to furnish their defence.

The Supreme Court had, in a judgment in December 2015, impressed upon the government to complete disciplinary inquiries within six months or at most a year after one extension, while it was hearing a case which involved a departmental probe which took nine years. The Centre has now complied.
This change in rules is expected to speed up disciplinary inquiries and help government take prompt action like dismissing or compulsorily retiring officials whose conduct at work is questionable. So far, no time limits were fixed for completing departmental inquiries against officials as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

The government has now notified amendment rules to the same to fix the time limits at various stages of the inquiry process.

The biggest change is fixing of the six-month deadline for the ‘Inquiring Authority’ to conclude the inquiry and submit its report. As per the amended rules, for any extension to the six-month limit, the ‘Inquiring Authority’ will have to record “good and sufficient” reasons in writing and seek an extension for a period not exceeding six more months. In no event would a further extension be granted beyond a year, the new rules state.

During the inquiry process, a list of charges is served upon the officials and he has to submit his defence in written or in person. The amended rules say that on receiving the charge, the official shall be required to submit his written statement of defence, if he so desires, and also state whether he desires to be heard in person, within 15 days.

Two extensions of 15 days each may be granted by the disciplinary authority by recording the reasons in writing. “Under no circumstances, the extension of time for filing a written statement of defence shall exceed 45 days from the date of receipt of articles of charge”. A time limit of one month has also been fixed for authorities to produce documents requisitioned by the officer in his defence. However, the government will continue to have protection of not producing documents that it considers vital to the security of the state or not in public interest.

Thirty Group A officers and 99 Group B officers have been sent on retirement over the past few months after they completed 50/55 years age.