Departmental inquiry is going on against me

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

Make my own list — free, 2 minutes

Your situation

What is the problem? Show-cause notice or memo of charges — or I expect disciplinary action
Where do things stand? An inquiry is going on

Where you stand

In your favour A penalty without a fair inquiry or a chance to reply can be set aside.
Next step If a promotion falls due while proceedings are pending, your case may be kept in a sealed cover — but only once a charge sheet has actually been issued.

Do these now

Name of your defence assistant (a serving or retired government servant) and your written nomination
You are entitled to a defence assistant in a major penalty inquiry; choose someone who knows the rules. Where: Nominate in writing to the Inquiring Authority.
Your list of additional documents and defence witnesses, with why each is relevant
You can ask for documents held by the department that are not in the charge sheet, and produce your own witnesses; ask early, as the rules set short time limits. Where: Submit to the Inquiring Authority.

Papers to gather

Appointment letter, service book extract and current pay slip
Basic proof of your post and pay. Where: Your office / HRMS.
Copies of every document about the matter — orders, letters, emails, file notings, registers, accounts or attendance records
Your reply is only as strong as the papers behind it; collect them before access is restricted. Where: Your own copies; the office file; RTI if refused.
The show-cause notice or memo of charges itself, with the date you received it
Read it carefully: list each charge (article), the facts alleged under it, the documents and witnesses relied on, the rule cited (Rule 14 = major penalty, Rule 16 = minor) and the reply deadline. Where: The copy served on you.
Daily order sheets and depositions from each hearing
Procedural lapses — denied documents, no chance to cross-examine — are the commonest grounds to set a penalty aside. Where: Ask the Inquiring Authority for copies after each sitting.
The service rules, conduct rules, policy or circular that applies (for example CCS (CCA) Rules 1965 and CCS (Conduct) Rules 1964, or your state’s rules)
Charges must be framed under a rule, and procedure must follow it; transfers and promotions must follow policy. Where: Department website; DoPT; RTI.

What the law says

Central government employees’ disputes go to the Central Administrative Tribunal under the Administrative Tribunals Act, 1985, usually after exhausting departmental remedies, and generally within one year of the final order. Disciplinary action follows the CCS (CCA) Rules, 1965 or your service rules — a charge sheet, a chance to reply, an inquiry and a reasoned order. For a major penalty (Rule 14) the memorandum must set out the articles of charge, a statement of the imputations, and the documents and witnesses relied on. Since the 2017 amendment you get 15 days to file a written statement of defence, extendable by 15 days at a time but never beyond 45 days from receipt (Rule 14(4)). If you deny the charges an inquiry follows: you may take a serving or retired government servant as defence assistant (Rule 14(8)), inspect the listed documents (Rule 14(11)), ask for other documents and produce your own witnesses, and the inquiry should finish within 6 months, extendable (Rule 14(24)). You must get the inquiry report, with any reasons the disciplinary authority disagrees with it, and 15 days to respond before a penalty is decided (Rule 15(2)). For a minor penalty (Rule 16) you are given a chance to make a representation. An appeal against a penalty or suspension lies within 45 days of receiving the order (Rule 25), and then the tribunal within one year. Suspension must be reviewed before 90 days (Rule 10(6)); the Supreme Court has held it should not continue beyond three months if the charge memo has not been served (Ajay Kumar Choudhary v. Union of India, 2015). Subsistence allowance is half pay for the first three months and can then be raised or reduced by up to half (FR 53). State employees follow their own rules — for example the Odisha Civil Services (CCA) Rules, 1962 — which are similar but not identical; PSU and bank staff follow their own conduct and discipline regulations. Suspensions must be reviewed within set periods. Armed forces personnel and veterans go to the Armed Forces Tribunal. State employees go to the State Administrative Tribunal or the High Court. Pension grievances can be raised on CPENGRAMS.

General information, not legal advice.

Saboot will also ask

Who is your employer?

Make my own list — free, 2 minutes

Similar situations

Sources

The full guide: Government job problem — suspension, departmental inquiry, transfer, promotion, salary or pension · All situations