Changed rules for departmental inquiry of officers in UP, spotless retired IAS officer will investigate against senior IAS
Departmental inquiry against IAS officers at the level of Principal Secretary, Additional Chief Secretary and Chief Secretary will now be done at least by retired IAS officers from the level of Secretary. The UP Government has decided to prepare a panel of retired IAS officers on the lines of the Central Government to ensure speedy and time-bound disposal of departmental inquiries. According to the mandate of the Appointment Department of Uttar Pradesh, an officer of the rank of Secretary of Uttar Pradesh cadre or above will be appointed as Inquiry Officer in the panel of retired officers for investigation. The tenure of the panel of retired officers will be for a period of three years.
Only those retired officers will be appointed in the panel who have not been punished in any disciplinary or criminal case in the course of their service. A three-member committee will be constituted under the chairmanship of the Chief Secretary to recommend the names of suitable officers. Agriculture Production Commissioner and Additional Chief Secretary will be the members of the appointment committee. Eight cases of departmental inquiry can be assigned to an Inquiry Officer in a year. The Investigating Officers will have to produce in every inquiry a certificate to the effect that he is not a witness or complainant in the case entrusted to him or that the officer charged is not his close relative or friend and has no relation with him.
All records available with the Inquiry Officer at the time of presentation of the Inquiry Report shall be returned to the Disciplinary Authority. The investigating officer will have to complete the investigation within 180 days and submit the report. As soon as the report is given, 50 percent of the honorarium and other allowances will be paid to the investigating officer and the balance will be paid in 45 days. The Inquiry Officer shall, as far as possible, conduct the inquiry from a place where the records are available, the witness or the presenting officer is convenient and the incident relating to the misconduct has taken place. As far as possible, video conferencing will be used for contact with the accused officer or the presenting officer, witnesses etc. during the investigation so that the travel expenses are minimized. The administrative department concerned will arrange the office place or place for investigation. If it is necessary to travel for investigation, then its prior permission will have to be taken from the disciplinary authority.