State-run HEIs directed to dispose of disciplinary cases

CHENNAI: As there was slackness in the investigation process, the state-owned Higher Educational Institutions (HEIs) in Tamil Nadu were instructed to dispose of all their disciplinary cases expeditiously.

In addition, the suspension cases would also be reviewed periodically by the authorities concerned as to whether the suspension needs to be continued or revoked taking into consideration of facts of the case. However, an official said that the time limits would not be applicable to cases of government servants against whom criminal proceedings have been initiated.

A senior official from the Higher Education Department, seeking anonymity, told DT Next that the Human Resources Management Department, which keeps records of disciplinary cases of all departments, indicated that fast disposal of the disciplinary cases has not been followed by the authorities concerned.

“Though the government has issued order reiterating to dispose of the cases expeditiously, it is found that there is slackness in adhering to the instructions and enormous delay in processing besides finalising the disciplinary proceedings in several cases,” he said adding “such overdue delay has caused unnecessary litigation and provide an advantage to the charged officials.”

Stating that it was likely that unjustified delay might also result in quashing of the disciplinary proceedings by the court of law, the official said, “consequently if this was the case, the disciplinary authorities might not be in a position to impose any penalty on the erring officials, notwithstanding the fact the charges stand proved.” The official said similarly, the inordinate delay in departmental proceedings on the part of the department concerned has attracted adverse comments from the court.

Pointing out at a recent judgment of Madras High Court directing the government to take appropriate action in prescribing an outer time limit within which each and every stage of the departmental proceedings has to be crossed, he said, “based on the court’s order the state government has made modifications in the guidelines dealing with disciplinary cases”.

According to the amendments, the official said the disciplinary proceedings should be initiated immediately and finalised within a period of six months. “In cases, where a government servant has been suspended and the matter has been referred for investigation to the Directorate of Vigilance and Anti-Corruption for inquiry, the latter should complete the investigation and send the report to the government within one year,” he added.

Stating that the disciplinary authorities should ensure that the delay in the processing of the case is not due to delaying tactics of the government servant, he said, “they should ensure that all notices issued to the offender should reach him without any loss of time.”

“The disciplinary authorities if not able to adhere to the time limits, should obtain specific order of the next higher official for grant of extension of time, explaining the circumstances,” he added.