`
No.142/15/2010-AVD-I
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated 31° July, 2012
OFFICE
MEMORANDUM
Subject: Grant of Honorarium
to Inquiry Officers (I0)/Presenting Officers (PO) -
Consolidated instructions
regarding
The undersigned is
directed to say that the Department of Personnel and Training have
issued instructions vide
NO 1344/99-AVD-I dated 29th June 2001 and 7th April 2003 on the subject of
honorarium to the Inqui0 Officers and Presenting Officers covering the aspects
of rates of honorarium, appointment of retired officers as Inquiry Officer, terms
and conditions for payment of honorarium etc from time to time. The rates of
honorarium payable to IO/P0 were last revised vide this Department's OM no
142/20/2008-AVD-I dated 27th July 2009. [Copy attached].
2. A Committee of
Experts set up to review the procedure of Disciplinary/vigilance
inquiries and to
recommend measures for their expeditious disposal under the chairmanship of P.0
Hota, former Chainman of UPSC in May 2010 had made a series of recommendations in
July 2010 including the rates of honorarium The detailed recommendation of the
expert committee is available on the website of this Department. It can be
accessed through the Link. http://persmin.nic.in/DOPT/Publication/CommitteeReport/HotaCommitteeRevort/HotaComm itteeReport.pdf . The Committee had made specific
recommendations as regards the rates of honorarium to IO/PO. The Recommendations
of the Committee on the proposed increases in Honorarium relating to IO/P0 are
contained in paras 37, 42-44 of the report of the Committee.
3. The recommendations
of the Expert Committee on the aspect of revision of rates of
honorarium along with
some other related measures were examined in the Department and was placed
before the Group of Ministries on Corruption, set up for examining measures,1 including
legislative and administrative, to tackle corruption and improve transparency.
The / Group of Ministers while considering the Terms of Reference also
considered the recommendations of the HOTA Committee and recommended that the
remuneration of the IOs and POs may be fixed, keeping in mind the
recommendations of the HOTA Committee. These recommendations of the GOM have
been accepted by the Government.
4. It has therefore been
decided to revise the existing rates of honorarium payable to
10/P0 in line with the
recommendations of the Expert Committee. The revised rates of
Honorarium and other
allowances payable to IO both serving and retired officers and
PO(serving) and the
terms and conditions governing the same is indicated in Annexure -1 to this OM.
The rates of Honorarium stated therein are ceilings and the concerned
ministry/department
where the misconduct was committed may decide the exact quantum of honorarium
to be paid keeping in mind the volume of work involved in specific cases and
the terms and Conditions indicated in the Annexure -1.
5. The revised structure
of rates of honorarium and allowances as indicated in Annexure- I are intended
to be made applicable to Departmental Proceedings including inquiry proceedings
undertaken by the committee on Sexual Harassment, by Ministries /Department in
respect of officials /officers serving under different cadres of services under
their administrative control. However, in case a cadre of a service or organizations
such as autonomous bodies have a separate set of rules and instructions for
regulating honorarium to IO/P0 in existence they may choose to continue with
their own set of instructions. Fully or partially funded autonomous bodies may
retain their own provisions so long as they are not more beneficial than what
has been proposed in this OM.
6. This orders will take effect from the date
of issue of this OM and will also apply to all inquiries in progress.
7. The services of
serving officers may be used as IO and PO to the extent possible in
the conduct of
departmental inquiries. However, Central Vigilance Commission has been requested
to create and maintain a panel of retired officers/officials willing to serve
as JO for conducting departmental inquiries and for this purpose also design a
procedure for inviting applications from the retired Government Servants to be
followed by the Ministries and Departments. Till such time such a panel of
retired officers become available from CVC, the concerned ministries
/departments may, where it is not possible to use the services of a serving
officer as Inquiry Officer for conducting departmental inquiries, use the
services of officers who have retired from Ministries/Departments, for
conducting such departmental inquiries.
8. This issues with the
concurrence of Ministry of Finance, Department of Expenditure
vide their UO
no.14(4)/2009-E-II(B) dated 26.3.2012 and 5.6.2012.
9. Hindi Version will
follow.
(P.K. Ravi)
Under Secretary to the
Government of India
Annexure -1
Revised Rates of Honorarium and other allowances payable to
Inquiry Officer and Presenting Officers in Departmental Proceedings and Terms and conditions of grant of honorarium.
The revised rates of honorarium payable in cases of departmental
proceedings will be regulated within the range of rates indicated in the table
below:
Particulars/Details
|
Range of Rate per case
Recommended by the Committee and Accepted by the Government (Rs per case) |
||
I(a)
|
1(b)
|
Minimum (a)
|
Maximum (b)
|
Honorarium
|
(i) 5000
|
10000
|
|
(ii) 15000
|
75000
|
||
(iii) 5000
|
10000
|
||
Transport Allowance
|
i) IO (retired)
|
(i) 15000
|
40000
|
Secretarial Assistance
|
ii) IO (retired)
|
i) 30000 per case if no
assistance is provided by department
|
2. The grant of Honorarium in the case of serving Government
servants who are appointed as part time Inquiry Officer/ Presenting Officer and
retired Governments appointed as Inquiry Officers will be subject to the
following conditions:-
i. The honorarium will normally be regulated under the financial
powers delegated to the Ministries/Departments and taking into account the
quantum of work involved in individual disciplinary cases.
ii. In the case where serving officers are appointed as IO/PO ,
the controlling department or the administrative department should make all
efforts to relieve the IO/P0 of his normal duties to enable him/her to complete
the proceedings expeditiously.
iii. Before the payment is received by Inquiry Officer/Presenting
Officer, whether serving or retired, it will be the responsibility of the IO/P0
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
by the Inquiry Officer/Presenting Officer.
b. The report returns findings on each of the Article of Charge
which has been enquired into and 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. In deciding the exact quantum of honorarium within the
indicated range in the table above, the quantum and nature of work involved,
rank of the Inquiry Officer, the complexity of the case, time taken for
completion of the inquiry etc will have to be kept in view and the decision in
this regard of the department disbursing the honorarium will be final. It may
particularly be ensured that the full amount of honorarium pre decided to be
paid as per the slab is not paid if the inquiry has not been completed within a
period of six months. If there is a delay in completion of the inquiry which is
not due to non-cooperation of the charged officer or due to stay orders, etc.,
the honorarium should be reduced by 50%
iv. The number of disciplinary cases may be restricted to 10 cases
in a year, with not more than 2 cases at a time for serving Government servants
and 20 cases with not more than 4 cases at a time for retired Government
servants.
3. In addition to the terms and conditions indicated in pan 2 above, the retired government servants
appointed as I0 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 utilise the same only for the purpose of Inquiry in the case entrusted
to him/her. No such documents/information or data are to be divulged to any one
during the Inquiry or after presentation of the Inquiry Report. The IO
entrusted with the Inquiries will be required to furnish an undertaking to
maintain strict secrecy and confidentiality of all
records/documents/proceedings etc.
http://persmin.nic.in/DOPT/Publication/CommitteeReport/HotaCommitteeRevort/HotaComm
http://persmin.nic.in/DOPT/Publication/CommitteeReport/HotaCommitteeRevort/HotaComm
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