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Vigilance Manual -Volume I (Fifth Edition)
of Central Vigilance Commission

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Central Vigilance Commission - Vigilance Manual

CHAPTER X - Disciplinary Proceedings (Initial Action)-Part: 2 - Page: 2 of 10

  1. Disciplinary rules. 156-158

  2. Penalties. 158-161

  3. Warning. 161-164

  4. Displeasure of Government. 164-165

  5. Reduction of pension. 165

  6. Disciplinary authority. 165-166

  7. Authority competent to institute disciplinary proceeding under CCA Rules. 166-167

  8. Authorities competent to initiate proceedings under the A.I.S. (D & A - Rules, 1969). 167-168

  9. Authorities competent to initiate disciplinary proceeding against officers lent or borrowed by one department to another or State Government, etc. 168

  10. C.B.I. Reports. 168-171

  11. Institution of formal proceedings. 171-173

  12. Procedure for imposing minor penalties. 173-178

  13. Procedure for imposing major penalties. 178-179

  14. Articles of charge. 179-182

  15. Statement of imputations. 182

  16. List of witnesses. 182-183

  17. List of documents. 183

  18. Draft articles of charge prepared by Special Police Establishment. 183

  19. Standard form of articles of charge. 183

  20. Delivery of articles of charge. 183-184

  21. Statement of defence. 184-185

  22. Action on receipt of the written statement of defence. 185-188

  23. Appointment of Inquiring Authority for charges which are not admitted. 188-190

  24. Appointment of a Presenting Officer. 190-191

  25. Assistance to the charged Government servant in the presentation of his case. 191-193

  26. Documents to be forwarded to the Inquiry Officer. 193-195

  27. Inquiries entrusted to the Commissioner for Departmental Inquiries against an officer under suspension. 195

  28. Common proceedings. 195-196

  29. Special procedure in certain cases. 196-199

  30. Inquiry into charges against member of All India Services. 199-200

CHAPTER XI - Disciplinary Proceedings II
(Oral inquiry)

  1. Fixation of date and place of hearings. 201-202

  2. First hearing. 202-203

  3. Inspection of documents by the Government servant. 203-206

  4. Supply of copies of documents to the Government servant. 206

  5. Documents held up in Courts. 206

  6. Statement of witnesses. 206-207

  7. Summoning of witnesses. 207-208

  8. Production of documentary evidence on behalf of the disciplinary authority. 209

  9. Examination of witnesses on behalf of the disciplinary authority. 209-210

  10. Cross examination. 210-211

  11. Re-examination of witnesses. 211

  12. Examination of a witness by the Inquiry Officer. 211

  13. Record of evidence. 211-213

  14. Appearance of Officers of Audit/Accounts Departments before the Inquiry Officer. 213

  15. Admission of additional evidence on behalf of disciplinary authority. 213-214

  16. Statement of defence. 214-215

  17. Production of evidence on behalf of the Government servant. 215-216

  18. Production of fresh witness on behalf of the Government servant. 216-217

  19. Examination of the Government servant by the Inquiry Officer after his case is closed. 217

  20. Final hearing 217

  21. Requests and representation etc. during the inquiry 218

  22. Daily Order Sheet 218

  23. General principles 218-220

  24. Ex-parte proceedings 220-221

  25. Part-heard inquiries 221-222

  26. Report of the Inquiry Officer 222-225

  27. Stay of disciplinary proceedings under the order of the Court. 225

XII - Disciplinary Proceedings III(Action on the report of the Inquiring Authority)

  1. Findings of the disciplinary authority 226-227

  2. Further inquiry 227

  3. Further inquiry when Principles of Natural Justice or not observed. 227-228

  4. Action when articles of charges are held as not proved. 228

  5. Imposition of a minor penalty 228-229

  6. Action when proceedings in which a major penalty is proposed were initiated by an authority competent to impose minor penalty.229-230

  7. Consultation with the Union Public Service Commission. 230

  8. Final order on the Report of Inquiry Authority. 230-232

  9. Communication of order 232-233

  10. Imposition of a major penalty on a Government servant whose services
    have been borrowed from or lent to another department, State Government,
    etc. 233

  11. Supply of papers to the Special Police Establishment. 234

  12. Scope of order of punishment 234

  13. Witholding of promotion 234-235

  14. Recovery of pecuniary loss from pay of a Government servant 235

  15. Withholding of increments 235

  16. Reduction to a lower state in the time-scale of pay for a special period 235-236

  17. Reduction to a lower time-scale of pay, grade, post of service 236-237

  18. Promotion during the currency of punishment of with holdings of
    increment or reduction to a lower stage in the time scale of pay 237

  19. Imposition of two penalties 238

  20. Reduction in rank to a post lower than that on which one was recruited 238

CHAPTER XIII - Disciplinary Proceedings IV(Miscellaneous)

  1. Travelling allowance to accused Government servant for attending hearing
    of departmental inquiries 239

  2. Travelling allowance to accused Government servant for journey
    performed for inspection of records 239-240

  3. Treatment of the period spent on journey and during inspection of
    records 240

  4. Travelling allowance to Government servants appearing as witness
    in departmental inquiries 240-241

  5. Treatment of period spent by a Government servant on journey and
    in giving evidence 241

  6. Travelling allowance to non-official witnesses 241-242

  7. Travelling allowance to Presenting Officers and Government servants
    assisting the accused Government servant 242

  8. Travelling allowance to a Government servant for journey to attend
    Police/S.P.E. inquiries 242

  9. Whether a disciplinary authority can initiate disciplinary proceedings
    if it has conducted the preliminary inquiry 242-243

  10. Action against a State Government servant after his reversion 243

  11. Disciplinary proceedings against Government servants other than
    principal offenders involved in a prosecution case 243

  12. Departmental action against a Government servant guilty of irregularities
    in matters concerning co-operative societies, clubs etc. 243-244

  13. Crossing of efficiency bar by a Government servant against whom
    departmental proceedings are pending 244

  14. Dropping of charges without inquiry in proceedings instituted for major
    penalty 244-24

  15. 5
  16. Imposition of a minor penalty or dropping of charges without oral inquiry
    in proceedings instituted for major penalty 245

  17. Action against a witness who departs from his original stand 245

  18. Defect in proceedings after the inquiry will not invalidate earlier part
    of the proceedings 245

  19. Good and sufficient reasons 245-246

  20. Punishment cannot be awarded on the basis of mere suspicion 246

  21. Benefit of doubt - effect on exoneration 246

  22. Notice for retirement on completing 55 years of age given to a Government
    servant against whom disciplinary proceedings are underway - effect of
    exoneration 247

  23. Reconsideration of a decision by successor disciplinary authority 247-248

  24. Propriety of holding a second inquiry after the orders passed on the first
    inquiry are quashed by a Court of Law 248

  25. Placing of final orders of Character Roll 248

  26. Relaxation of time limits and condonation of delays 248

  27. Publicity of names and particulars of officers involved 249-250

  28. Prosecution vis-à-vis departmental proceedings 250-251

  29. Approval of the Minister where formal orders are made in the name of
    the President 252

  30. Transfer pending disciplinary proceedings 252-253

  31. Past misconduct 253

  32. Banning of business dealing with firms/contractors 253

  33. Documents to be returned to concerned authorities on completion of
    proceedings253

  34. Procedure to be followed in cases where disciplinary proceedings are
    initiated against a Government servant who is officiating in a higher post
    on an ad-hoc basis 254

  35. Difference of opinion between the CVO and the Chief Executive and
    between the vigilance officers and the Head of Office 254-255

  36. Denial of LTC to Government servants found guilty of misuse of the
    facility 255

  37. Grant of immunity to 'Approvers' in Departmental Inquiries 255-256

CHAPTER XIV - Action after re-instatement

  1. Re-instatement 256

  2. Order to be passed on re-instatement 256

  3. When penalty of dismissal/removal/compulsory retirement is set aside for
    non-observance of procedure prescribed under Article 311 of the Constitution 257

  4. When a penalty imposed in a departmental proceedings is set aside on
    grounds other than non-observance of procedures 257-260

  5. Court cases in which penalty is set aside on grounds other than nonobservance
    of procedure 260-261

  6. When acquittal by a court of law may be treated as exoneration 261-263

  7. Applicability of law of limitation 263

  8. Deductions of other earnings made, if any, during the period of absence 263

  9. Conversion of the period of absence from duty into leave 263-264

  10. Filling up of vacancies caused by dismissal etc of Government servants 264-265

CHAPTER XV - Action against pensioners

  1. Circumstances in which pension may be reduced withheld or withdrawn 266

  2. Action in cases in which departmental proceedings had been initiated
    before retirement 267-268

  3. Action in cases in which a Government servant has retired from service 268-269

  4. Judicial proceedings 269

  5. Determination of the date of institution of proceedings 269-270

  6. Recovery from pension of pecuniary loss caused to Government 270

  7. Possession of disproportionate assets 270-271

  8. Travelling allowance to a retired Government servant to attend departmental
    inquiry instituted against him 271

  9. Action against officers of the All India Services 271

CHAPTER XVI - Consultation with the Union Public Service Commission
in disciplinary matters

[Not relevant for Officers of Nationalised Banks]

CHAPTER XVII -Appeals, Revision, Review, petitions and Memorials

  1. Orders against which appeal lies 277-278

  2. Orders against which appeal does not lie 278-279

  3. Appellate authorities 279-280

  4. Period of limitation for appeals 280

  5. Form and content of appeal 280

  6. Channel of submission 280-281

  7. Consideration of appeal 281

  8. Orders by appellate authority 282

  9. Procedure when a minor penalty is proposed to be enhanced to a major
    penalty 282

  10. Procedure when it is proposed to impose a higher major penalty than
    that already imposed 282-283

  11. When it is proposed to impose a higher minor penalty than that already
    imposed 283

  12. Consultation with Union Public Service Commission 283

  13. Implementation of orders in appeal 283

  14. Revision and Review 284

  15. Revision (Rule 29, CCA Rules) 284-286

  16. Orders by the revising authority 286

  17. Procedure for Revision (Rule 29, CCA Rules) 287

  18. Review by the President (Rule 29-A, CCA Rules) 287

  19. Consultation with the Central Vigilance Commission 287-288

  20. Petitions, memorials address to the President 288

CHAPTER - XVIII - Chief Vigilance Officers

  1. The Role of Chief Vigilance Officers 289-305

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