Disciplinary enquiry proceedings

The delinquent is required to submit his reply to the Show Cause Notice within stipulated period. Where the delinquent makes a request for a personal hearing, it must be given to him.Its denial might vitiate any action taken against him. Further, The disciplinary authority is free to consider the past service record of the delinquent while imposing penalty.

(15) Penalty Proposed:

Depending upon the gravity of the misconduct committed by the employee, the disciplinary authority is to decide the kind of penalty to the imposed on him.

The Rules enumerate the following two kinds of penalties:-
(a) Minor Penalties:- 
(i)Censure (ii) Withholding of promotion (iii) Recovery from pay (iv) Withholding of increment of pay, without cumulative effect.

(b) Major Penalties:- 
(i) Reduction to a lower stage in the time-scale of pay for a specified period, which shall ordinarily be not a bar to promotion.
(ii) Reduction to a lower time-scale of pay, grade, post or service, which shall ordinarity be a bar to the promotion
(iii) Compulsory retirement;
(iv) Removal from service and
(v) Dismissal from service.

CVC Circular 02/01/2016 dt 18/01/2016 gives time limit for every stage of proceeding and the overall time limit mentioned is six months

tHE EMPLOYER'S UNDUE DELAY IN INITIating Disciplinary proceedings is not legally tenable.gs cannot be ...

On 20.12.1988 decision was taken to take disciplinary action against the respondent. ... They cannot be initiated after lapse of considerable time. ... "The next question is whether the delay in initiating disciplinary proceeding is an unfair ... are unnecessarily prolonged without any fault on his part in delaying the proceedings.

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.958 OF 2010

Prem Nath Bali ……Appellant(s)

VERSUS

Registrar, High Court of

Delhi & Anr. ……Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

33) Keeping these factors in mind, we are of the considered opinion that every employer (whether State or private) must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the timeframe then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry but not more than a year.

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