The Centre has directed all departments concerned to decide within 30 days on references for giving power of a civil court to an inquiring authority conducting disciplinary proceedings against any official to enforce attendance of witnesses and production of documents.
The move aims at speedy disposal of cases of departmental inquiry.
As per norms, for each departmental inquiry, the Central government has powers to issue a notification under the Departmental Enquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972 empowering an inquiry officer to enforce attendance of witnesses or ensure production of documents.
A committee of experts on disciplinary and vigilance inquiries, also known as Hota Committee, has found the process of issuing notification in each case of a departmental inquiry as time-taking which "does not serve any useful purpose".
The Hota Committee in its report submitted to the government in July 2010 has accordingly recommended that the Departmental Enquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972 may be amended to confer powers on all inquiry officers to exercise powers of a civil court for enforcement of attendance of witnesses and production of documents.
The committee's recommendation was considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary.
The CoS has observed that the need to enforce attendance arises only in a few cases and hence there may not be any need to amend the Act to confer powers on all inquiry officers to exercise powers of a civil court for enforcement of attendance of witnesses and production of documents.
The purpose may be served by issue of administrative instructions laying down specific time lines for consideration of requests for issuance of notifications under the said Act, the CoS has said.
The government has accepted the opinion by the CoS.
Accordingly, it has been decided that every reference from an inquiring authority, seeking the issuance of a notification by the Central government or competent authority under the Act, to confer powers on an inquiring authority to exercise powers of civil court for enforcement of attendance of witnesses and production of documents, shall be decided within 30 days from the date of receipt of such reference, the Ministry of Personnel said in its order.
