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| + | {{htmlmetatags> | ||
| + | ====== Departmental enquiry — RTI to get your charge-memo and enquiry report ====== | ||
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| + | {{: | ||
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| + | <WRAP info> | ||
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| + | ===== The story most citizens recognise ===== | ||
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| + | 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 — " | ||
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| + | 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. | ||
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| + | 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, | ||
| + | |||
| + | ===== 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, | ||
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| + | 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: | ||
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| + | - **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**, | ||
| + | |||
| + | 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' | ||
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| + | <WRAP tip> | ||
| + | |||
| + | ===== How the enquiry flow works — so you know what to ask for ===== | ||
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| + | 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. | ||
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| + | - **Stage 1 — Charge-sheet.** The Disciplinary Authority issues the articles of charge, statement of imputations, | ||
| + | - **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' | ||
| + | - **Stage 3 — Evidence.** The Presenting Officer examines departmental witnesses; you cross-examine under Rule 14(14). **Record: the daily-order sheets, witness deposition transcripts, | ||
| + | - **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' | ||
| + | - **Stage 5 — Disagreement notice.** Under Rule 15(2) the Disciplinary Authority forwards the report with tentative reasons for disagreement; | ||
| + | - **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. | ||
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| + | 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 ===== | ||
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| + | 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, | ||
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| + | The second 2026-relevant fact is procedural. The **Central RTI online portal, rtionline.gov.in**, | ||
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| + | ===== Step-by-step: | ||
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| + | **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' | ||
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| + | **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' | ||
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| + | **Step 3 — Prepare your questions.** Ask for **named records with dates**, not " | ||
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| + | - **Charge-memo: | ||
| + | - **Evidence record:** " | ||
| + | - **Inquiry report:** " | ||
| + | - **Disagreement notice:** " | ||
| + | - **Final order:** " | ||
| + | |||
| + | **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, | ||
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| + | **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)). | ||
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| + | You can draft the whole application in minutes with the **AI RTI draft tool** at https:// | ||
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| + | ===== Documents to attach ===== | ||
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| + | - 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 **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 ===== | ||
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| + | - **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, | ||
| + | - **Forgetting the inquiry report ask.** The single most valuable record is the **inquiry officer' | ||
| + | - **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**, | ||
| + | - **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:// | ||
| + | |||
| + | ===== Real-life example ===== | ||
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| + | <WRAP center round box> | ||
| + | **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; | ||
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| + | 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, | ||
| + | </ | ||
| + | |||
| + | ===== Sample RTI letter ===== | ||
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| + | < | ||
| + | To: The Central Public Information Officer | ||
| + | [Name of the Ministry / Department / PSU / Bank that employed you] | ||
| + | [Office address] | ||
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| + | Subject: Application under Section 6(1) of the Right to Information Act, 2005 | ||
| + | — Records of departmental enquiry in my case | ||
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| + | Sir/Madam, | ||
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| + | 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]. | ||
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| + | Under Section 6(1) read with Section 7(1) of the RTI Act, 2005, | ||
| + | I seek the following information, | ||
| + | records: | ||
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| + | 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 | ||
| + | | ||
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| + | 2. Copies of the daily-order sheets and the witness deposition | ||
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| + | 3. A certified copy of the inquiry officer' | ||
| + | under Rule 14(23) on [date], containing the findings and | ||
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| + | | ||
| + | | ||
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| + | 4. A copy of the tentative reasons for disagreement forwarded | ||
| + | to me under Rule 15(2) of the CCS (CCA) Rules, 1965, and my | ||
| + | | ||
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| + | 5. A certified copy of the final speaking order dated [date], | ||
| + | | ||
| + | DoPT consolidated guidelines on disciplinary proceedings | ||
| + | dated 26 March 2024. | ||
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| + | 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. | ||
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| + | 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]. | ||
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| + | 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). | ||
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| + | Date: [date] | ||
| + | Place: [place] | ||
| + | | ||
| + | </ | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== 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, | ||
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| + | ==== 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, | ||
| + | |||
| + | ==== 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 " | ||
| + | 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]] for State-specific fees. | ||
| + | |||
| + | ==== Can I file online? ==== | ||
| + | Yes, if your employer is a Central public authority on **rtionline.gov.in**, | ||
| + | |||
| + | ==== 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. | ||
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| + | ==== 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/ | ||
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| + | ==== 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." | ||
| + | |||
| + | ==== 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 [[rti-for-disciplinary-action-status]]. | ||
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| + | ===== Sources ===== | ||
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| + | - DoPT — CCS (CCA) Rules, 1965: https:// | ||
| + | - Reference - CCS (CCA) Rules 1965, Rule 14 text: https:// | ||
| + | - Right to Information Act, 2005 (full text): https:// | ||
| + | - Right to Information Rules, 2012 (fee and reproduction charges): https:// | ||
| + | - DoPT FAQ on RTI Rules, 2012: https:// | ||
| + | - Central RTI online portal: https:// | ||
| + | - Central RTI online portal FAQ: https:// | ||
| + | - Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727: https:// | ||
| + | - Union of India v. Mohd. Ramzan Khan, (1991) 1 SCC 588: https:// | ||
| + | - Girish Ramchandra Deshpande v. Central Information Commissioner, | ||
| + | - Income Tax Department — gist of Girish Deshpande RTI case law: https:// | ||
| + | - DoPT consolidated guidelines on disciplinary proceedings, | ||
| + | - SCC Online — documents pertaining to disciplinary proceedings as personal information: | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | - [[rti-for-disciplinary-action-status|RTI for disciplinary action status]] | ||
| + | - [[rti-for-vigilance-clearance|RTI for vigilance clearance]] | ||
| + | - [[rti-for-beginners|RTI for beginners]] | ||
| + | - [[wrongful-termination-without-notice-domestic-enquiry|Wrongful termination without notice or domestic enquiry]] | ||
| + | - [[hr-refuses-service-certificate-correction|HR refuses service-certificate correction]] | ||
| + | - [[certified-copy-fir-chargesheet-closure-report-not-provided|Certified copy of FIR, chargesheet or closure report]] | ||
| + | - [[rti-fees-by-state|RTI fees by state]] | ||
| + | |||
| + | //Last reviewed: 4 July 2026.// | ||
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| + | {{tag> | ||