951846 ABSTRACT Disciplinary cases — Review of suspension pending enquiry into grave charges — Time limit for finalization of disciplinary proceedings — Compendium of instructions — Issued. Human Resources Management (N) Department G.0.(Ms) No.81 Dated 04.08.2022 sudl@g), 10-19 Bwaicr pant 2y081)-2053 Read : Letter (Ms.) No.1118, Personnel and Administrative Reforms (Per.N) Department, dated 22.12.1987. - G.O. (Ms.) No.40, Personnel and Administrative Reforms (N) Department, dated 30.01.1996. Letter No.13519/N/2015-1, Personnel and Administrative Reforms (N) Department, dated 23.07.2015. Letter (Ms.) No.43/N/2015-3, Personnel and Administrative Reforms Department, dated 26.04.2016. . Orders of the .Division Bench of the High Court of Madras, dated 15.09.202'+irFW.A.No.646/2021 Letter No.01/P&AR Dept/TN/HC/2022, dated 22.04.2022 from the Additional Advocate General-I of Tamil Nadu. ° . Letter Roc.No.700/AGRS/2022, dated 26.4.2022 from the Advocate General of Tamil Nadu. ORDER: In the Government letter first read above, time limits were prescribed for conducting inquiries by the appropriate investigating authorities / inquiries by the Tribunal for Disciplinary Proceedings and for finalizing the disciplinary cases from each and every stage of the disciplinary proceedings. 2. In the Government Order second read above, instructions were issued to follow the time fimit prescribed for finalization of disciplinary cases and also to review the suspension cases petiodically at the appropriate level in order to examine whether the suspension ‘could be revoked for reinstatement into service pending disciplinary cases or it could be continued. (P.T.O)3, In the Government letter third read above, based on the directions of the Hon'ble Supreme Court of India in Ajay Kumar Choudhary Vs Union of India through its Secretary and Another in Civil Appeal No.1812 of 2018 (Arising ut of SLP (C) No.31761 of 2013) dated 16.02.2015, the Departments of the Secretariat and the Heads of Department were requested to follow the directions ordered by the Hon'ble Supreme Court on the limitations in the period of suspension in letter and spirit as follows: i) The currency of a suspension order should not extend beyond three months, if within this period the Memorandum of Charges / Charge Sheet is not served on the delinquent officer / employee ii) If the Memorandum of Charges / Charge sheet is served, a reasoned order must be passed for the extension of the suspension. 4, Subsequently, in view of the admitted fact that the gravity of misconduct in a disciplinary proceeding arising out of vigilance case / criminal case is alarmingly more than that of the other disciplinary proceedings and considering the sensitiveness of coruption cases, orders were issued that the limitation of suspension specified in the letter third read above will be applicable only to the departmental disciplinary case / inquiries pertaining to non-vigilance cases and / or non-criminal cases vide Government letter fourth read above. 5, The full Bench of Madras High Court in its common order dated 15.3.2022 in WP.Nos.2165 of 2015 and 21628 of 2018 in the case.of P.Kannan and Another Vs. The Commissioner of Municipal Administration and others has held as follows:- 4) The judgement of the Apex Court in the case of Ajay Kumar Choudhary, supra, does not lay down absolute proposttion of law that an order of suspension cannot be continued beyond the period of three months, if the memorandum of charges / charge sheet has not been served within three months, or if memorandum of charges / charge sheet is served without reasoned order of extertsion. OK HOOK _ XK 2K (li) The issue of challenge to the order of suspension should be analyzed on the facts of each case, considering the gravity of the charges and the rules applicable. (iv) Revocation of suspension with a direction to the employer to post the delinquent in a non-sensitive post cannot be endorsed or directed as a matter of course. It has to be based on the facts of each case and after noticing the reason for the delay in serving the memorandum of charges / charge sheet.” 6. In the letter sixth read above, the Additional Advocate General! of Tamil Nadu has stated that during the hearing in Writ Petition No.13760/2020, batch cases, praying to revoke the order of suspension, the Hon'ble Judge has suggested that the instructions / guidelines first and second read above have to be reiterated by issuing a compendium of Government Order enabling the concemed officials to act upon ina time frame in consideration of early disposal of suspension cases, s0 as to avoid prolonged suspension by incurring infructuous payment of subsistence Sllowance indefinitely to the delinquent suspended employees without doing any work.“3: J jhe Leamed Advocate General of Tamil Nadu in the letter seventh read above has requested the Goverment fo issue appropriate instructions xe directed by the Hon'ble High Court in Writ Pétition No. 13760/2020. €,, Besides, itis brought to the notice thatthe time limits prescribed in the leter read above for the expeditious disposal of the disciplinary cases have not been followed by the authorities concemed. Though the Government have eves orders feiterating the said instructions periodically, it is found that there w slackness. in shoring to the said instructions and enormous delay in précessing and finalizing the disciplinary proceedings, in several cases. Such ‘undue delay may cause 10. Further, the inordinate delay in completion of departmental proceedings Fone at of the Department concemed has attracted adverse vominents from the Worle High Court of Madras in Writ Appeal No.é40 of 2021 ir the. said 11. The Government, after careful examination, reiterates the guidelines issued in the Government Order second read above with slight modification as follows:- () The power of ordering suspension should be exercised carefully and with jcatalnt. Before a suspension order is issued, the authority coneeinen must be clear (i) Where a Government Servant has been Suspended on disciplinary Proceedings contemplated, such Proceedings should be initiated immediately and finalized normally within a period of six months. (ii In cases, where a Goverment Servant has been suspended and the matter has been referred for investigation to the Director of Vigilance and Anti-Corruption for Enquiry, the latter should completé'the.enquiry.and:sehd the report to Government through the Vigilance Commission within one year. (P.T.0)4 LW) In Tespect of cases referred to under items (ji) and (ii) above, the authority who ordered the suspension or the Director of Vigilance and Anti-Corruption, as the case may be, should, before the expiry of the period of three months, report the matter to the Head of the Department / Government, indicating the progress of the disciplinary action / investigation by the Director of Vigilance and Anti-Corruption, the {easons for non completion of the work and the further time required for completing the ‘disciplinary action / investigation and furnish reasons for continuing the Suspension, if continued suspension is felt essential. If the authority which initiated action in the first instance is the Head of the Department, the report has to be sent to Government, (\) After the initial report referred to in item (iv) above, reports should be sent to Government at the end of every three months, indicating the further progress, so as to enable the Government to review the suspension and the progress of the case, for ‘such action as may be necessary to ensure expeditious disposal. (vl) The Head of the Department or the Government as the casé may be, will examine the cases with reference to the subject matter of the disciplinary action / investigation in progress and the reported stage of progress and permit’ the Continued suspension beyond three months / six months. Where the Government itseff. have ordered suspension, it will examine the case on the same lines and pass similar order. (vil) The disciplinary authorities should ensure that the delay in processing the case is not due to delaying tactics of the Government Servant. They should ensure that all notices issued to the suspended Government Servant should reach him without any loss of time. (vill) When the disciplinary authority comes to a conclusion suo-motu or after Conclusion of the investigation by the Director of Vigilance and Anti-Corruption, the disciplinary. authority: shall, -while “initiating action by issue -of charges under Rule 47(6)-of the Tamil Nadu ‘Civil Services (Discipline and Appeal) Rules or under Rule (6) of the Tamil Nadu Police Subordinate Services (Discipline. and Appeal) Rules,1955, as the case may be, examine with reference to the facts established, which form the basis for the charges, whether public interest or the needs for further Proceedings will require continued suspension of the Government Servant already uhder suspension. (i) The time Jimits mentioned above will not be applicable to cases of Government Servants against whom criminal proceedings have been initiated However, while sanctioning prosecution in such a criminal case, an examination similar to the one mentioned in item (vii) above shall be made by the competent authority. (If, on examination of the case under items (vi), (vill) or (i) above, continued suspension is considered not necessary, the susperision may be revoked in exercise of the powers conferred under Rule 17(e)(6) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules or under Rule 3(¢)(5) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, as the case may be, (x)_In cases where the charge in the criminal case involves complicated questions of law and fact and the disciplinary authority is not in a position to finalize the departmental disciplinary proceeding and if the criminal case is based on thefe vigilance report and is pending before the court of law for which No reasons are explained explicitly, the authority competent may take a decision by taking up review of suspension and post the Government Servant in a non-sensitive place in (Gai) Suspension will continue to be in force unless it is revoked as mentioned under item (x) above. 12. The Government also feiterate the time limit prescribed in the Government intet first read above for processing the disciplinary proceedings so ae ta ensure that there is no unwarranted delay in finalizing them, as follows:- () [To complete the investigation by Directorate of Vigilance | One and Anti-Corruption and to send a report to Government year through Vigilance Commission. Mi) To complete the enquiry by the Tribunal and to send Ts One findings to the Department of Secretariat, year i) | To pass final orders by the Goverment 7 Heads of "Four Department on receipt of the report of the Tribunal, months every st Of the departmental dis. la for ‘explanation under Rule 17(a) of the | 15 days ] Tamil Nadu Civil Services (Discipline and Appeal) Rules [or famvigg changes amdér Rule ‘T7(b) of the said rules after the lapse comes to notice. x For calling for explanation under Rule 3(a) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules,1955 or framing of charges under Rule 3(b) of the said rules after the lapse comes to the notice. (The ‘choice of the rule under which the disciplinary Proceedings should be initiated is very important and the Disciplinary Authorities are expected to take a decision by Considering the nature of lapses committed.) (i) | Fer the delinquent officer to peruse the records and 10130 days submit his written explanation. (ii) |For appointment of enquiry officer wherever necessary | 7 days after the receipt of the explanation. : (™) |For the enquiry officer to complete enquiry and submit the 130 days enquiry report. () | For the Disciplinary Authority to fake a decision, afler the T70 days | receipt of the inquiry officer's Report. (P.T.O)[(vi) [For obtaining the further representation of the coe 15 days — on the report of the inquiry officer. F obtaining the views of Commission, whenever it is consulted idu Public Service 30 days | (vill) | For issue of final o7 Jepar | | proceedings:- | (2) By Disciplinary Authority other than Government. | (b) By Department of Secretariat which have to consult | 30 days ___|___ other Departments and obtain orders in circulation. 7 | | | | | | | J The following aspects should be taken into consideration while adhering to the time-timit prescribed above:- ()) The above time limits should be followed and delay should be eliminated while processing disciplinary cases. The choice of the rule under which the disciplinary proceedings should be’ initiated is very important ‘and the disciplinary authorities are expected to take decisiori regarding the rule under which disciplinary action. should be initiated with due ‘regard to the nature of lapses committed. Indiscriminate recourse to Rule 17(b) will only cause delay in finalising the disciplinary proceedings. (ii) The disciplinary authorities, if for any valid reason, are not able to adhere to the above time limits, should obtain the specific orders of the next higher authority for grant of extension of time, explaining the citcumstances under which it has not been possible to process the case within the time limit prescribed. (ii In cases, where the delay occurs due to non-cooperation on the part of the accused officers, it is not necessary to wait indefinitely either for their explanation or for their appearance before the inquiry officers. Reminder shall be “served on the accused Officers to submit their explanations and where the explanations are not received in spite of the reminder without valid reasons, the disciplinary authorities can proceed on the assumption that the accused officers have no explanation to offer. Similarly, where the accused officers are required to appear before the inquiry officers and where they fail to do so without valid reasons, even after serving reminder on them,’ the inquiry officers may proceed to conduct ex-parte inquiries, in accordance with rules and procedures and submit their reports. (iv)The object behind the issue of these instructions is that all delays while processing disciplinary cases should be avoided. At the same time, it should be clearly remembered that while handling the disciplinary cases, all the procedures and formalities contemplated in the rules should be followed without fail. (V) Deliberate and arbitrary delay in inquiring the cases on the part of the inquiry officer or on the part of the disciplinary authority, as the case may be, without valid reasons shall be treated as an abetment to shield the delinquent officer and severe disciplinary action should be taken against the concerned authorities / officials. .43. All the authorities who deal with the disciplinary matters should follow the guidelinesitime limits prescribed in paras 11 and 12 above, strictly, without any deviation, failing which severe action will be pursued against the officials responsible for their lapses. 14. Ali the Departments of Secretariat and Heads of Department are directed to issue suitable instructions to all the authorities concerned under their control, in this regard (BY ORDER OF THE GOVERNOR) V.IRAI ANBU CHIEF SECRETARY TO GOVERNMENT To All the Additional Chief / Principal / Secretaries to Government, Secretariat, Chennai ~ 600 009. All Heads of Department, including District Judges and District Collectors. The Secretary, Tamil Nadu Public Service Commission, Chennai — 600 003. The Registrar, Hon'ble High Court, Chennai - 600 104. - The Director, Directorate of Vigilance and Anti-Corruption, Chennai — 600 016. ‘The Commissioner for Disciplinary Proceedings, (Chennai / Coimbatore / Madurai / Tiruchirappalli / Tirunelveli / Nagercoil) The Human Resources Management (Inspection |, |i and II!) Department, Secretariat, Chennai - 600 009. Copy te The Personal Assistant to Office of the Minister (Finance and Human Resources Management), Chennai — 600 009. The Principal Private Secretary to Chief Secretary to Government, Chennai — 600.009. : The Additional Chief Secretary / Vigilance Commissioner and Cortimissioner for Administrative Reforms, Secretariat, Chennal-600 009. All the Departments of Secretariat, (O.P. Sections) with a request to communicate the copy of the order to all sections in their departments) ‘The Human Resources Management (L1/L2/L3) Department, Chennai - 600009. (5 copies each) The Human Resources Management (AR-II) Department, Chennai - 600008. The Vigilance Commission, Secretariat, Chennai - 600 009. (10 copies) The Senior Principal Private Seoretary to Secretary to Government, Human Resources Management Department, Chennai — 600 009. Stock File / Spare Copies 11 Forwarded | By Order I! owt pad saeler™ SECTION OFFICERSA 051 8918 ABSTRACT au Public Services ~ Simultaneous departmental disciplinary proceedings for the same set of charges as in the criminal cases connected with the discharge of official duty (including Trap and Arrest Case) — Procedures to be followed — Guidelines issued — Amendment — Issued os Human Resources Management (N) Department G.OXM8:} No.80 Dated 01.08.2022 UES. LG —76 Award enor} S,ei1@)-2053 Y \ee Read: G.O: (Ms.) No.68, Human Resources Management (N) Department, dated 06.07.2022. ORDER: ln the Government Order read above, guidelines have been issued with regard to the simultaneous departmental disciplinary proceedings for the same set of charges as in ‘the criminal cases connected with the discharge of official duty (including Trap.and Arrest Case).as ‘directed by the Hon'ble High’ Court in Writ Appeal No.1988 of 2021, dated 30.09.2021 and Writ Petition (MD) No.14356 of 2021 dated 08.02.2022 2. The following amendment is issued to the Government Order read above:- Amendment. In the Government Order read above, in paragraph 9, in SI.No.20 of tabular column, for the words “stay on the sentence", the words “suspension of sentence” ‘shall be substituted. (BY ORDER OF THE GOVERNOR) V.IRAI ANBU CHIEF SECRETARY TO GOVERNMENT To All Additional Chief Secretaries / Principal Secretaries / Secretaries to Government, Secretariat, Chennai-600 009. ‘The Additional Chief Secretary / Vigilance Commissioner and Commissioner for Administrative Reforms, Secretariat, Chennai-800 009. ‘The Registrar, Hon'ble High Court, Chennai-600 104. All Departments of Secretariat, Chennai-600 009. All the. Heads of Departments. All District Collectors. (P.T.0.)