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F.No.C-14010/3/2011 -Ad.V

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

(Ad. V Section)

 

6th Floor, C-Wing, Hudco Vishala Bldg,

Bhikaji Cama Place, New Delhi.

Dated the 24th February, 2011

To

 

All Director Generals

All Chief Commissioners of Customs, Central Excise & Service Tax Zones

The Narcotics Commissioner

Directorate of Publicity & Public Relations

Sub:  Xerox copies  in departmental inquiry under CCS(CCA) Rules 1965 -regarding

 

Sir/ Madam,

 

It is a settled procedure  that where a document is required to be relied upon  in a departmental inquiry under CCS(CCA) Rules, 1965, such document should be either  the original document  or an authenticated copy  thereof. Where an  authenticated copy  of the document is to be exhibited,  the original document should be readily available in the custody of  an authority such as  CBI/Investigating agency or the Commissioner concerned so that in the event of the charged officer seeking inspection of the original documents, such inspection can be arranged.

 

However, in a number of instances, it has been noticed in the Board that the proceedings in the field formations are being routinely conducted on the basis of the  unauthenticated  Xerox copies only,  either because the original documents are not available or are tied up in a court of law.  It is clarified that such a course of action is not permissible. If the original documents are tied up in a court of law, the CBI/investigating  agency which had taken possession of the original documents should be asked to authenticate the documents.  Its assistance may also be taken for  getting the original documents in custody of the court inspected by the  charged officer by making an appropriate application  for inspection in the court, if  the charged officer so  insists.  If the original documents are otherwise not in custody of Court/CBI/investigating agency but can still not be located, then the disciplinary authority should not proceed to conduct the inquiry till all out efforts are made to locate the original documents.  

 

 It  is also  mentioned that the UPSC, while considering a case referred  to it for advice,  invariably insists on the original /authenticated copies of the documents and does not entertain a proposal till all the case records/documents are either in original or duly authenticated copies thereof.   In a  number of cases, the proposals  have not been finalized so far as the UPSC has returned the proposals on the above considerations and in the absence of the original  documents, copies thereof taken on record in the inquiry can not be authenticated. These cases include cases of retired Group B, C and D employees under Rule 9 of CCS (Pension) Rules, 1972 as also cases of Appeal/revision   of such category of employees.

 

It is therefore urged that disciplinary authorities may ensure that departmental proceedings are based only on  original/authenticated copies of the relied upon documents.    It may also be ensured that while making a reference to the DGoV /Board bringing out alleged irregularities  in a case  involving a Gr. A officer or  seeking first stage advice in respect of a Gr. B officer or  seeking sanction of the President under Rule 9 for initiating action against a retired employee,  it must be ensured that only authenticated copies of the  documents sought to be relied upon  are sent for  consideration.    Any proposal accompanied by only Xerox copies will not be considered and will be returned without any examination. 

 

Yours faithfully

(Vijay Kumar)

Deputy Secretary to the Government of India