Staff Reporter
Guwahati: The state government has observed that, in many cases, even after the issuance of prosecution sanction against charged officers, disciplinary proceedings (DPs) against the officers concerned have not been initiated. Against this backdrop, the state government has now ordered that disciplinary proceedings against charge officers should be initiated within 15 days of the issuance of the prosecution sanction.
The Department of Personnel recently issued an executive order stating that when sanction for prosecution is granted against charged officers, it signifies that there is a prima facie case of serious misconduct against them. However, cases have been noticed wherein disciplinary proceedings are not initiated against the charged officer even after such sanctions are accorded. This inaction leads to loss of contemporaneous evidence, weakening the department’s case and erosion of public trust.
“With a view to avoid any such lapses on the part of disciplinary authorities, upon issuance of a prosecution sanction against a charged officer, the disciplinary authorities shall initiate disciplinary proceedings by formally issuing and serving a charge sheet to the charged officer under Rule 9 (2) of the Assam Services (Discipline & Appeal) Rules, 1964, within 15 days of the issuance of the prosecution sanction, unless there are compelling reasons to defer, which shall be recorded in writing by the administrative head of department,” the order states.
It is also stated that while preparing the charge memo, care should be taken to ensure that the list of witnesses is balanced, consisting of an appropriate number of witnesses to strengthen the case without causing inordinate delay.
“In every case arising out of departmental proceedings, the disciplinary authorities are to ensure full compliance with the various provisions and guidelines laid down in the Assam Services (Discipline and Appeal) Rules, 1964 (as amended) and the Manual of Departmental Proceedings,” the order goes on to say.
Therefore, all departments have been requested to bring the above guidelines to the attention of all disciplinary authorities under their administrative control for compliance. The executive order will come into force with immediate effect.