Vigilance enquiry under CCS CCA Rules
Querist :
Anonymous
(Querist) 04 January 2011
This query is : Resolved
I would like to know when agovt servant files complaint against another govt servant then in that case whether the person who files the case is a Presenting Officer or not? What are his rights before IO and whether IO should call him for discussions first or along with the charged officer? Besides, if the enquiry report of a Person appointed as IO on the orders of CAT, Mumbai was rejected by High Court Mumbai then can he act as IO in another case and whether it is legally valid?
I shall be thankful.
R.Ramachandran
(Expert) 04 January 2011
If you have made a complaint, you will remain a complainant. You will neither be the presenting officer nor the inquiry officer.
Only when the IO calls you, you have to answer the queries posed by the IO, otherwise you have no role whatsoever.
If the IO's report was rejected by the Mumbai HC in a particular case, it will does not mean that his position as IO in that case has been rejected. It is only his report has not been found acceptable by the HC. That is all to it.
The person concerned can very well function as IO.
Querist :
Anonymous
(Querist) 04 January 2011
Thanks Mr ramchandran.
Kindly enlighten me more on this.
In this complaint, the Head of Office himself is involved in some wrong actions and giving benefits to the charged officer and it is expected that the HO will not act fairly or may influence the IO who is his subordinate too. What can be done in such case to ensure that IO performs his job fairly as his reputation is not that good. Besides the charged officer is also a high level influential officer and since charges rae very serious like "Illegall appointment obtained some 30 years ago" , financial embezzlement etc then can he be put under suspension immidiately so that he does not use his office to influence this enquiry.
How can the govt servant who filed complaint, can get the status of progress inhis complaint fully as most of the senior officers are not cooperating and donot intenbd to work fairly.
R.Ramachandran
(Expert) 04 January 2011
You will agree with me that without seeing the nature of complaint, to whom did you make the complaint etc., it would not be possible to give any views in the matter.
Querist :
Anonymous
(Querist) 04 January 2011
The complaint was earlier filed in the Department then to CVC against my organisation xyz whose DG is reporting to Secretary of the department.DG is HO and DA also. Both IO and Charged Officer (CO) are reporting to him and IO is senior , though both are in the same designation, than CO. At this stage I can not give more details. Hope u reply on this basis.
