F.No.142/40/2015-AVD.
I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi Dated, the 7th January, 2016
OFFICE MEMORANDUM
Subject:- Procedure for empanelment of retired officers as the Inquiry
Officers for conducting Departmental Inquiries- reg.
The undersigned is directed to state that the issue of utilizing the services of
retired officers for conducting departmental inquiries had been under
consideration of the Department. It has now been decided that panels of retired
officers from the Ministries/Departments under Government of India and PSUs
would be created and maintained by the respective Cadre Controlling Authorities
for conducting Departmental Inquiries against the delinquent officials.
2. Procedure for empanelment of retired officers as the Inquiry Officers -
Panels of retired officers not below the rank of Deputy Secretary in Central
Government and equivalent officer in the State Governments/PSUs to be
appointed as the Inquiry Officer for the purpose of conducting departmental
inquiries would be maintained level/rank wise and place-specific by each cadre
controlling authority where its offices are located.
3. Validity of the panel - The panel of the retired officers created for the
purpose of appointing Inquiry Officers for conducting departmental inquiry will
be valid for a period of three years. The respective Cadre Controlling Authority
will ensure that a panel of retired Inquiry Officers is available with them.
4. Following are the eligibility conditions for appointment of willing retired
officers as the Inquiry Officers to conduct departmental inquiries:-
(i) The retired officers willing to serve as the Inquiry Officer should not be
more than 65 years of age as on the 1 st April of the year of his/her
empanelment.
(ii) He/she should be in sound health - both physically and mentally.
(iii) He/she should not be an accused officer in any pending inquiry and should
be of impeccable integrity.
5. The respective Cadre Controlling Authority will immediately take
necessary action for inviting applications from willing and eligible retired officers
to serve as the Inquiry Officer for conducting departmental inquiry. In this regard,
a format for inviting applications is annexed.
6. A three-member committee consisting of Joint Secretary level officers
including CVO of the concerned Ministry/Departments/PSUs would be
constituted by the respective cadre controlling authority. The other two members
can be from the same Ministry/Department or from the attached or subordinate
office. After receipt of willingness of the retired officers, names of the officers
will be screened by the committee so constituted and panel of officers (Database)
will be created rank-wise viz., Deputy Secretary, Director, Joint Secretary,
Additional Secretary, Secretary, etc. Approval of Minister-in-charge may be
solicited for making the panel of the officers. Appointment of Inquiry Officer,
from the panel of eligible retired officers, will be done by a random draw of lot.
The Committee constituted for making panels of retired officers as the Inquiry
Officer has to keep in mind that applications of retired officers willing to serve as
an Inquiry Officer should be scrutinized carefully to ensure that the applicant
meets the eligibility criteria.
7. The number of disciplinary cases assigned to an Inquiry Officer may be
restricted to 20 cases in a year, with not more than 4 cases at a time.
8. Terms and conditions for appointment of retired officers as the
Inquiry Officer.
The designated Inquiry Officer shall require to give an undertaking as follows:-
(i) that he/she is not a witness or a complainant in the matter to be
inquired into or a close relative or a known friend of the delinquent
Government officer.
(ii) shall maintain strict secrecy in relation to the documents he/she
receives or information/data collected by him/her in connection with
the inquiry and utilize the same only for the purpose of inquiry in the
case entrusted to him/her.
9. No such documents/information or data shall be divulged to anyone during
the Inquiry or after presentation of the Inquiry Report. All the records, reports etc.
available with the Inquiry Officer shall be duly returned to the authority which
appointed him/her as such, at the time of presentation of the Inquiry Report.
10. The Inquiry Officer shall conduct the inquiry proceedings in the official
premises provided by the Department/Organization, which engages him/her.
11. The Inquiry Officer shall undertake travel for conducting inquiry (in
unavoidable circumstances) with the approval of the Disciplinary Authority.
12. The Inquiry Officer shall submit the inquiry report after completing the
inquiry within ninety days from the date of his/her appointment as the Inquiry
Officer. Extension of time beyond ninety days can be granted only by the
Disciplinary Authority.
13. The rates of honorarium and other allowances payable to the Inquiry Officer
will be as under:-
Particulars/Details Rate per case (in Rupees)
Items Category Time taken to Dy. Joint
complete the Secretary/Director Secretary
inquiry and above
proceedings
Honorarium 'I' Within 45 days Rs. 60000 Rs.75000
`II' Within 90 days Rs. 40000 Rs. 50000
`III Beyond 90 days Rs. 30000 Rs. 40000
Transport Rs.40000/- per case.
Allowance
Secretarial Rs.30000 per case if no secretarial assistance is
Assistance provided by the Ministry/Department concerned
Payment will be made to the Inquiry Officer only when the report is accepted by
the Disciplinary Authority. In case it is not possible to proceed with the matter due
to stay by courts etc., the Inquiry Officer may be discharged from his/her duties
and payment of honorarium and other allowances will be made on pro rata basis.
14. Before the payment is received by the Inquiry Officer, it will be his/her
responsibility to ensure that:-
(a) All case records and inquiry report (two ink signed copies) properly
documented and arranged is handed over to the Disciplinary
Authority.
(b) The report returns findings on each of the Articles of Charge which
has been enquired into should specifically deal and address each of
the procedural objections, if any, raised by the charged officers as per
the extant rules and instructions.
(c) There should not be any ambiguity in the inquiry report and therefore
every care should be taken to ensure that all procedures for
conducting departmental inquiries have been followed in accordance
with the relevant rules/instructions of disciplinary and appeal Rules
to which the delinquent Government officials are governed.
15. Letter regarding engaging a retired officer as the Inquiry Officer will only
be issued with the approval of the Disciplinary Authority of the
Ministry/Department/ Office concerned.
16. The Department of Personnel & Training (AVD.I) may be consulted in
case of clarification(s) on any of the issues related to empanelment of retired
officer as an Inquiry Officer for conducting departmental inquiries.
17. The services of Inquiry Officers whose performance is not upto the mark
will be terminated with the approval of appointing authority.
(K.Srinivasan)
Under Secretary to the Government of India
Tel.No. 23040291
To
All Ministries / Departments ( As per Standard List)
APPLICATION FOR APPOINTMENT OF RETIRED
GOVERNMENT SERVANTS AS THE INQUIRY OFFICER TO
CONDUCT DEPARTMENTAL INQUIRY
Name of the officer
(In capital letters)
Date of retirement from government service •
Age on the date of submitting the application
Last Post held before retirement •
Details of the Ministry and posts held during
the service
Have you ever assigned the responsibility of
the Inquiry Officer
If yes, the details thereof :
Whether retired on attaining the age of
Superannuation or voluntary retirement
Whether any penalty was imposed during
the service
••
If yes, the details thereof
Name and signature
Permanent/Present Address &
Contact Number
Place:
Date:
(The empanelment of retired officers for their appointment as the
Inquiry Officer will be done by a Committee comprising of three
Joint Secretary level officers including CVO of the concerned
Ministry/Departments/PSUs)
