Departmental enquiry — RTI to get your charge-memo and enquiry report
Direct answer in 30 seconds. File your RTI to the Central Public Information Officer (CPIO) of the public authority that employed you — the Ministry, Department, PSU or bank whose Disciplinary Authority conducted the enquiry. Ask for the charge-memo, list of witnesses and documents, cross-examination record, the inquiry officer's report, and the final speaking order. Fee is Rs 10 for a Central application. Reply due in 30 days.
The story most citizens recognise
Suresh works as a Grade-5 Lower Division Clerk in a Central Government regional office at Wardha, Maharashtra. On 12 January 2026 he is handed a sealed cover at his desk. Inside is a charge-memo signed by the Disciplinary Authority: two articles of charge — “unauthorised absence from 4 to 18 November 2025” and “insubordination towards the section officer on 9 November 2025”. The memo attaches a statement of imputations running into 11 paragraphs, a list of six departmental witnesses, and a list of nine documents the department proposes to rely upon. An Inquiring Authority — a deputy secretary from a different wing, not the Disciplinary Authority himself — is appointed to hold the inquiry.
Over the next four months Suresh attends three hearings at the regional office. He gives a Written Statement of Defence, cross-examines the two witnesses the Presenting Officer actually examines, and submits his own documents. On 19 May 2026 the Inquiring Authority submits his report to the Disciplinary Authority. Suresh is never given a copy. On 7 July 2026 a major-penalty order arrives: he is reduced by three stages in the time-scale of pay, with a cumulative wage loss of roughly Rs 1.38 lakh a year.
What Suresh does not yet know is that the Supreme Court has held, for more than thirty years, that he was entitled to that report before punishment was imposed. To challenge the order before the Central Administrative Tribunal he needs the paper trail — the charge-memo, the witness depositions, and above all the inquiry officer's report. This guide shows how he, and any similarly placed government employee, can use the Right to Information Act, 2005 to get every one of those records in 30 days, for Rs 10.
What a departmental enquiry actually is
A departmental enquiry is the internal disciplinary procedure a government employer follows before imposing a major penalty on an employee. For Central Government civilian employees the procedure is laid down in the All India Services (Discipline and Appeal) Rules, 1955 for AIS officers and, for the vast majority, in the Central Civil Services (Classification, Control and Appeal) Rules, 1965 — commonly called the CCS (CCA) Rules 1965. The nodal ministry for these rules is the Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions, Government of India. State Government employees are governed by analogous State Civil Services (CCA) Rules, and employees of PSUs and banks by their own disciplinary regulations framed on the same skeleton.
The major penalties the enquiry procedure covers are listed in Rule 11, clauses (v) to (ix) of the CCS (CCA) Rules 1965: reduction to a lower stage in the time-scale of pay, compulsory retirement, removal from service, and dismissal from service. The procedure itself is in Rule 14, which is the heart of any major-penalty enquiry. Its key moving parts, each of which generates a document you can ask for:
- Rule 14(2) — the Disciplinary Authority may itself inquire or appoint an Inquiring Authority.
- Rule 14(3) — the charge-sheet must contain the articles of charge, a statement of imputations for each article, and a list of documents and witnesses by which each article is proposed to be proved.
- Rule 14(4) — the charge-sheet is delivered to the charged employee, who must submit a Written Statement of Defence.
- Rule 14(14) — oral and documentary evidence is taken; witnesses are examined by the Presenting Officer and cross-examined by the charged employee.
- Rule 14(23) — the inquiry report must contain the charges, the defence, the assessment of evidence, and findings on each charge with reasons.
- Rule 14(24) — the inquiry is to be concluded within six months, extendable by further six-month blocks.
- Rule 15(2) — before the Disciplinary Authority finally decides, a copy of the inquiry report is forwarded to the charged employee with tentative reasons for disagreement, and the employee may file a representation within 15 days.
Two Supreme Court judgments sit permanently on top of this structure. In Union of India v. Mohd. Ramzan Khan, (1991) 1 SCC 588 (decided 20 November 1990) the Court held that even after the 42nd Amendment deleted the second stage of Article 311(2), a delinquent government employee is still entitled to a copy of the inquiry officer's report before punishment is imposed. Three years later, in Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727 (Constitution Bench, 1 October 1993), the Court extended the rule to all establishments — Government, non-Government, public and private — held that statutory rules denying the report are invalid, and made the declaration prospective from 20 November 1990. The Court also stressed that non-supply does not automatically vitiate the order; the court or tribunal must assess whether prejudice was caused.
Why this matters for your RTI. The ECIL v. Karunakar right is the legal hook for asking for the inquiry report. When you file your RTI, cite it. It tells the PIO that furnishing your own report is not a favour — it is a right the Supreme Court has recognised for over three decades.
How the enquiry flow works — so you know what to ask for
Understanding the flow tells you which document lives where, and therefore which question to put in your RTI. A major-penalty enquiry under Rule 14 moves in seven stages, and each stage leaves a record.
- Stage 1 — Charge-sheet. The Disciplinary Authority issues the articles of charge, statement of imputations, and list of documents and witnesses under Rule 14(3). Record: the charge-memo and its three annexures.
- Stage 2 — Defence. The charged employee submits a Written Statement of Defence under Rule 14(4). Record: your own written statement (already with you) and the department's acknowledgement.
- Stage 3 — Evidence. The Presenting Officer examines departmental witnesses; you cross-examine under Rule 14(14). Record: the daily-order sheets, witness deposition transcripts, and documents exhibited.
- Stage 4 — Inquiry report. The Inquiring Authority submits the report under Rule 14(23), with findings and reasons on each charge. Record: the inquiry officer's report — the document ECIL v. Karunakar says you must receive.
- Stage 5 — Disagreement notice. Under Rule 15(2) the Disciplinary Authority forwards the report with tentative reasons for disagreement; you get 15 days to respond. Record: the disagreement notice and your representation.
- Stage 6 — Final order. The Disciplinary Authority passes the speaking order imposing (or dropping) penalty. Record: the final order.
- Stage 7 — Appeal. An appeal lies under Rule 23, and where the procedure was flawed, a challenge before the Central Administrative Tribunal under Article 323A.
Every one of those records is held by the public authority that employed you — not by DoPT generally. That is the single most important addressing rule on your RTI.
The 2026 update you must know about
On 26 March 2024 DoPT issued consolidated guidelines on handling disciplinary proceedings in respect of central civilian employees. The guidelines pull together, in one place, the scattered instructions on charge-framing, appointment of Inquiring Authorities, timelines, and the handling of the inquiry report. They reiterate the Rule 14(24) six-month timeline (extendable in six-month blocks) and reinforce the Karunakar requirement that the inquiry report must be furnished to the charged employee before the final order. When you file your RTI you can ask the PIO for “the extracts of the DoPT consolidated guidelines on disciplinary proceedings dated 26 March 2024 applicable to my case, and the note on file showing compliance with each step.” This is a clean way to force the department to put its own compliance on record.
The second 2026-relevant fact is procedural. The Central RTI online portal, rtionline.gov.in, now covers over 2,300 Central Government public authorities. If your employer is a Central Ministry, Department, or attached office, you can file from your phone, pay the Rs 10 fee by UPI, and get a registration number in the format DOPTR/E/2026/XXXXX. PSU and bank employees should check whether their organisation is on the portal; many are, and several are not — for those, the paper IPO route still applies.
Step-by-step: filing your departmental-enquiry RTI
Step 1 — Identify the right public authority. This is the step most people get wrong. Your RTI does not go to DoPT. It goes to the CPIO of the public authority that employed you — the concerned Ministry, Department, PSU, or bank whose Disciplinary Authority issued the charge-memo and whose Inquiring Authority held the enquiry. If you are a State Government employee, it goes to the State Public Information Officer (SPIO) of your department under your State's RTI Rules. See RTI for Beginners: Everything You Need to Know Before Filing Your for the basics of identifying a public authority.
Step 2 — Decide Central vs State.
- Central employee: file through rtionline.gov.in or by paper to the CPIO. Fee Rs 10. The Right to Information Rules, 2012 apply.
- State employee: file to the SPIO on your State's prescribed form. Fee varies — most States charge Rs 10, some less. Check RTI Fees by State and Online Portal Directory (2026) before filing.
Step 3 — Prepare your questions. Ask for named records with dates, not “details of my enquiry.” Five strong questions:
- Charge-memo: “Furnish a certified copy of the charge-memo issued to me on [date] under Rule 14(3) of the CCS (CCA) Rules 1965, together with the articles of charge, the statement of imputations, and the list of documents and witnesses relied upon by the department.”
- Evidence record: “Furnish copies of the daily-order sheets and the witness deposition transcripts (examination by the Presenting Officer and my cross-examination) recorded during the inquiry held on [dates] under Rule 14(14).”
- Inquiry report: “Furnish a certified copy of the inquiry officer's report submitted on [date] under Rule 14(23), containing the findings and reasons on each article of charge. I rely on Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727.”
- Disagreement notice: “Furnish a copy of the tentative reasons for disagreement forwarded to me under Rule 15(2), and my representation dated [date] thereto.”
- Final order: “Furnish a certified copy of the final speaking order dated [date] imposing penalty, together with the note on file showing compliance with the DoPT consolidated guidelines on disciplinary proceedings dated 26 March 2024.”
Step 4 — Pay the fee and submit. For a Central application the fee is Rs 10 under Rule 3 of the RTI Rules, 2012, payable by cash against receipt, Indian Postal Order, demand draft, or electronic means through the portal. Your application should ordinarily not exceed 500 words excluding annexures (Rule 3). BPL applicants are exempt on producing a BPL certificate (Rule 5). Keep proof — a stamped receiving copy, registered-post acknowledgement, or the portal registration number.
Step 5 — Wait 30 days. Under Section 7(1) of the RTI Act the PIO must reply within 30 days of receipt. If the information is held by another public authority, Section 6(3) requires transfer within 5 days. You are not required to give any reason for asking (Section 6(2)).
You can draft the whole application in minutes with the AI RTI draft tool at https://righttoinformation.wiki/tools/ai-rti-draft-app.html , and check the PIO's reply against the statutory clock with the PIO reply checker at https://righttoinformation.wiki/tools/pio-reply-checker-app.html .
Documents to attach
- A photocopy of your charge-memo (so the PIO can locate the case file by number and date).
- Your employee ID or service-roll number, and the name of the Disciplinary Authority.
- The inquiry case number and the dates of hearings you attended.
- For BPL applicants, a copy of the BPL certificate to claim the fee exemption.
- For State applications, the prescribed State RTI form where one exists.
- The Rs 10 IPO (drawn in favour of the Accounts Officer of the public authority) or a printout of the rtionline.gov.in payment receipt.
Common mistakes
- Filing to DoPT instead of your own employer. DoPT is the nodal ministry for the rules, but your records are held by the public authority that employed you. Filing to DoPT only gets your application transferred under Section 6(3), costing you five days. File direct to your own CPIO.
- Asking a third party to seek your records for you. A co-worker or union representative asking for your enquiry files will be refused under Section 8(1)(j) unless larger public interest is shown — the Supreme Court so held in Girish Ramchandra Deshpande v. Central Information Commissioner, (2013) 1 SCC 212. File in your own name; you are seeking your own service records.
- Forgetting the inquiry report ask. The single most valuable record is the inquiry officer's report. ECIL v. Karunakar gives you the right to it. If you omit it, the PIO may send everything else and leave the report buried.
- Not asking for the disagreement notice. Under Rule 15(2) the Disciplinary Authority must give tentative reasons for disagreeing with the inquiry report. This notice is often where the unlawful penalty is built. Ask for it expressly.
- Missing the audit trail on witnesses. Ask for the daily-order sheets and the cross-examination transcripts, not just “the evidence.” That is what shows whether witnesses were actually examined and whether you were allowed to cross-examine.
- Letting the 30-day clock run silently. If no reply comes, file a First Appeal under Section 19(1) within 30 days of the deadline. Use the first-appeal tool at https://righttoinformation.wiki/tools/first-appeal-app.html and the timeline calculator at https://righttoinformation.wiki/tools/timeline-calculator-app.html to hit every deadline.
Real-life example
Suresh K., Wardha, Maharashtra. Grade-5 LDC, Central Government regional office. Charge-memo dated 12 January 2026 under Rule 14(3); two articles of charge — unauthorised absence and insubordination. Inquiring Authority appointed 20 January 2026; three hearings on 3 February, 17 March and 21 April 2026; two departmental witnesses examined and cross-examined; Written Statement of Defence submitted 28 January 2026. Inquiry report submitted 19 May 2026; not furnished to the employee. Final order dated 7 July 2026: reduction by three stages in the time-scale of pay, wage loss about Rs 1.38 lakh per year.
RTI application filed 14 July 2026 to the CPIO of the concerned Ministry, Rs 10 IPO, asking for the charge-memo with annexures, the witness deposition transcripts, the inquiry officer's report (citing ECIL v. Karunakar), the Rule 15(2) disagreement notice, and the final speaking order. Reply received 9 August 2026 (26 days): full set furnished, photocopy charges Rs 2 per page, total Rs 84 for 42 pages. The report disclosed that the Inquiring Authority had in fact absolved Suresh of the insubordination charge and found the absence charge partly not proved — material the Disciplinary Authority had silently overridden without a properly reasoned disagreement notice. Suresh filed an Original Application before the Central Administrative Tribunal, Mumbai Bench, quoting the report, and the penalty was stayed pending final hearing.
Sample RTI letter
To: The Central Public Information Officer
[Name of the Ministry / Department / PSU / Bank that employed you]
[Office address]
Subject: Application under Section 6(1) of the Right to Information Act, 2005
— Records of departmental enquiry in my case
Sir/Madam,
I, [name], employee ID [number], presently posted at [office],
was served a charge-memo dated [date] under Rule 14(3) of the
CCS (CCA) Rules, 1965, in major-penalty enquiry case No. [number].
The inquiry was conducted by the Inquiring Authority, [name],
and the final order was passed on [date].
Under Section 6(1) read with Section 7(1) of the RTI Act, 2005,
I seek the following information, which pertains to my own service
records:
1. A certified copy of the charge-memo dated [date], together
with the articles of charge, the statement of imputations,
and the list of documents and witnesses relied upon by the
department under Rule 14(3).
2. Copies of the daily-order sheets and the witness deposition
transcripts (examination by the Presenting Officer and my
cross-examination) recorded during the inquiry under Rule
14(14) on [dates].
3. A certified copy of the inquiry officer's report submitted
under Rule 14(23) on [date], containing the findings and
reasons on each article of charge. My entitlement to this
report is settled by Managing Director, ECIL v. B. Karunakar,
(1993) 4 SCC 727.
4. A copy of the tentative reasons for disagreement forwarded
to me under Rule 15(2) of the CCS (CCA) Rules, 1965, and my
representation dated [date] thereto.
5. A certified copy of the final speaking order dated [date],
together with the note on file showing compliance with the
DoPT consolidated guidelines on disciplinary proceedings
dated 26 March 2024.
I state, pursuant to Section 6(2), that I am the person to whom
the information relates. If any of this information is held by
another public authority, kindly transfer this application under
Section 6(3) within five days.
The application fee of Rs 10 is remitted herewith by Indian
Postal Order No. [number] / through rtionline.gov.in receipt
No. [number]. I belong to [not BPL / BPL category — certificate
enclosed].
Kindly furnish the information within 30 days of receipt, as
required by Section 7(1) of the RTI Act, 2005. If the
information is denied, please provide the reasons and the
particulars of the First Appellate Authority under Section 7(8).
Date: [date] Yours faithfully,
Place: [place] [name and signature]
[contact details]
Frequently asked questions
Can a third party, like my union, file RTI for my enquiry records?
Only with difficulty. Your service-record information — memos, show-cause notices, enquiry proceedings, punishment orders — is “personal information” under Section 8(1)(j) of the RTI Act. In Girish Ramchandra Deshpande v. Central Information Commissioner, (2013) 1 SCC 212 the Supreme Court held that disclosure of such records to third parties requires demonstrated larger public interest. File in your own name instead; as the delinquent employee you are seeking your own records and the exemption does not bar you.
The enquiry is still pending. Can I get the records now?
Partly. Section 8(1)(h) exempts information whose disclosure would impede the process of investigation or prosecution of offenders, and the Central Information Commission has treated pending disciplinary proceedings as falling under this provision. You may still get procedural records — the charge-memo, the daily-order sheets, the schedule — but the PIO may withhold the inquiry report until the inquiry concludes. Once it concludes, the report is disclosable to you.
Do I have to give a reason for asking?
No. Section 6(2) of the RTI Act expressly says an applicant is not required to give any reason for requesting information. That said, when you are seeking your own enquiry records, identifying yourself as the charged employee and citing the case number helps the PIO locate the file and defeats any Section 8(1)(j) objection at the threshold.
What if the PIO says the report is "confidential"?
That reply is usually wrong as against the delinquent employee. The ECIL v. Karunakar rule makes the inquiry report a document you are entitled to before punishment. File a First Appeal under Section 19(1) to the First Appellate Authority within 30 days, quoting the judgment. The FAA must decide within 30 days, extendable to 45 with reasons.
How much will it cost?
The application fee is Rs 10 for Central public authorities under the RTI Rules, 2012. Reproduction charges under Rule 4 are Rs 2 per page for A3 or smaller paper; inspection of records is free for the first hour and Rs 5 for each subsequent hour; postal charges above Rs 50 are at actual cost. BPL applicants are exempt from the application fee on producing a BPL certificate. Check RTI Fees by State and Online Portal Directory (2026) for State-specific fees.
Can I file online?
Yes, if your employer is a Central public authority on rtionline.gov.in, which now covers over 2,300 authorities. Pay the Rs 10 fee by net banking, debit/credit card, or UPI. PSU and bank employees should check whether their organisation is listed; if not, file by paper with an IPO. The portal is not for State Government authorities — State employees use their own State RTI portals or paper forms. For the basics of identifying your public authority and filing, see RTI for Beginners: Everything You Need to Know Before Filing Your.
What is the difference between the Inquiring Authority and the Disciplinary Authority?
The Disciplinary Authority is the officer empowered to initiate the enquiry and impose the penalty. The Inquiring Authority is the person — often from a different wing — appointed under Rule 14(2) to actually conduct the inquiry, examine witnesses, and write the report. The ECIL v. Karunakar rule is triggered precisely because the two are distinct: when the Inquiry Officer is separate from the Disciplinary Authority, the employee has a right to the report before the DA decides.
My final order was passed without giving me the report. What now?
You have two routes in parallel. First, file an RTI to get the report and the file notes — the records will show whether the Rule 15(2) disagreement notice was issued at all. Second, challenge the order before the Central Administrative Tribunal (for Central employees) or the appropriate tribunal/court, citing ECIL v. Karunakar and Mohd. Ramzan Khan. The tribunal will assess whether the non-supply caused prejudice — non-supply does not automatically vitiate the order, but it is a serious procedural flaw.
Can I ask for the preliminary enquiry file too?
Yes, if a preliminary enquiry preceded the charge-memo. Ask for “the preliminary enquiry report, the documents relied upon, and the order appointing the preliminary enquiry officer.” Bear in mind that if no regular departmental enquiry has yet been initiated, Section 8(1)(h) may protect the preliminary file. The same principle applies as above: once proceedings conclude, the records become disclosable to you. The related guide certified-copy-fir-chargesheet-closure-report-not-provided deals with the parallel situation for criminal chargesheets.
Where do I go if both the PIO and the FAA fail me?
File a Second Appeal under Section 19(3) to the Central Information Commission (for Central public authorities) or your State Information Commission (for State employees) within 90 days of the FAA decision. There is no fee for a second appeal to the Central Information Commission. You can also file a complaint under Section 18 if the PIO never replied or refused to accept the application. The full appeal ladder is explained in Disciplinary action pending — RTI for case status.
Sources
- DoPT — CCS (CCA) Rules, 1965: https://dopt.gov.in/ccs-cca-rules-1965
- Reference - CCS (CCA) Rules 1965, Rule 14 text: https://www.referencer.in/CS_Regulations/CCS(CCA)Rules1965/Rule_14.aspx
- Right to Information Act, 2005 (full text): https://indiankanoon.org/doc/1910806/
- Right to Information Rules, 2012 (fee and reproduction charges): https://niti.gov.in/sites/default/files/2025-07/RTI%20Rules%20Final%20PDF.pdf
- DoPT FAQ on RTI Rules, 2012: https://dopt.gov.in/sites/default/files/FAQ_RTI_2012%20(1).pdf
- Central RTI online portal: https://rtionline.gov.in/
- Central RTI online portal FAQ: https://rtionline.gov.in/faq.php
- Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727: https://indiankanoon.org/doc/143695/
- Union of India v. Mohd. Ramzan Khan, (1991) 1 SCC 588: https://future.indiankanoon.org/doc/727248/
- Girish Ramchandra Deshpande v. Central Information Commissioner, (2013) 1 SCC 212: https://future.indiankanoon.org/doc/160205361/
- Income Tax Department — gist of Girish Deshpande RTI case law: https://incometaxindia.gov.in/Documents/RTI%20Case%20Laws/RTI%20Gists/Girish-Ramchandra-Deshpande-RTI-Case-Law.htm
- DoPT consolidated guidelines on disciplinary proceedings, 26 March 2024: https://www.govtstaff.com/2024/04/consolidated-guidelines-on-handling-of-disciplinary-proceedings-in-respect-of-central-civilian-employees-vide-dopt-om-no-1711452233125-dt-26-03-2024.html
- SCC Online — documents pertaining to disciplinary proceedings as personal information: https://www.scconline.com/blog/post/2018/05/19/documents-pertaining-to-disciplinary-proceedings-fall-under-personal-information/
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