The Ministry of Personnel, Public Grievances and Pensions by the Resolution dated 2nd June 2017 has inserted the following sub-rule to Rule 14 the CCS(CCA)Rules, 1965:
"(24) (a) The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority.
(b)Where it is not possible to adhere to the time limit specified in clause (a), the Inquiring Authority may record the reasons and seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the Inquiry, at a time.
(c)The extension for a period not exceeding six months at a time may be allowed for any good and sufficient reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf.";
The inserted sub-rule mandates a statutory time limit of six months for th Inquiring Authority to complete the inquiry and submit his report. The time limit absolute unless the Disciplinary Authority allows further time for any good and sufficient reasons.
In the changed scenerio, what would be the legal status of the Inquiry Report submitted beyond the period of six months (after the date of notification of the amendment) in the absence of the Disciplinary Authority issuing no communication allowing extension of period?
I shall be grateful for the enlightened suggestions from the experts/members of the LCI.
The Resolution is attached.