Departmental Enquiry

 
Functions > Departmental Enquiry
 


The Constitution of India has a provision to maintain proper relationship between the employer and the employees of the State Governments, and to ensure that for the breaches of the rules of discipline, they can be brought under proper Departmental action and made answerable before the courts of law. Article 320 (3)(c) states that the State Public Service Commission shall be consulted :
"On all disciplinary matters affecting a person serving under Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters."
In accordance with these provisions all Departmental Enquiry cases in which State Government has to pass order punishing a Government Servant and all appeals etc. under the Civil Services (Classification, Control and Appeal) Rules must be sent to the State Public Service Commission for their opinion along with the original Departmental Enquiry file, all relevant papers, and information as required. **
The process of examination of disciplinary cases should be clearly indicated starting from examination in the Commission's office to the decision of the Commission. Views should be clearly expressed on the need for a detailed examination at the level of Commission's Office including their analyses / observations and summarisation of charge-sheet, Culprit Officer's defence, Inquiry Officers Reports, Culprit Officer's representation, (if any) and the views of the disciplinary authority. 
** Annexure-8
The Chairperson marks such cases to any two Members of the Commission for their opinion. If both the Members and the Chairperson concur, their opinion is communicated to the Government. In case of difference of opinion the Chairperson orders the matter to be put up in the Commission's meeting. The opinion of the Commission becomes final in such cases. All cases in which major punishment of dismissal or compulsory retirement is proposed, are invariably always put up before the Commission for the final opinion. 
Commission should monitor to ensure that the advice of the Commission has been implemented by the Government.