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| + | {{htmlmetatags> | ||
| + | ====== Disciplinary action pending — RTI for case status ====== | ||
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| + | {{: | ||
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| + | <WRAP info> | ||
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| + | ===== The story most citizens recognise ===== | ||
| + | |||
| + | Suresh works as a junior assistant in the Public Works Division office of a district headquarters town. One Tuesday morning in **June 2023**, a sealed cover arrived on his desk. It was a **charge memorandum under Rule 14 of the State Civil Services (CCA) Rules**, alleging that he had misappropriated a departmental advance of Rs.18,400 meant for field survey material. The memorandum listed two articles of charge, attached a list of documents and witnesses, and asked him to submit a written statement of defence within ten days. Suresh filed his defence. He attended two sittings of the inquiry. And then — silence. | ||
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| + | More than two years have passed. No inquiry officer has ever handed him a report. No disciplinary authority has ever passed a final order. Suresh' | ||
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| + | Suresh' | ||
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| + | ===== What disciplinary action actually is (and why the name matters) ===== | ||
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| + | " | ||
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| + | The penalties under **Rule 11** of the CCS (CCA) Rules come in two tiers. **Minor penalties** include censure, withholding of increments of pay (with or without cumulative effect), withholding of promotion, and recovery from pay of pecuniary loss caused by carelessness. **Major penalties** include compulsory retirement, removal from service, and dismissal. The procedure for major penalties is laid down in **Rule 14** — the disciplinary authority issues articles of charge along with a statement of imputations and a list of documents and witnesses under **Rule 14(3)**; the charged officer is delivered a copy and must file a written statement of defence under **Rule 14(4)**; an inquiry officer is appointed to take evidence; and under **Rule 15** the disciplinary authority acts on the inquiry report. Minor penalties follow the shorter procedure in **Rule 16**. Source: https:// | ||
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| + | One important correction: many older guides — and the previous version of this article — refer to " | ||
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| + | <WRAP tip> | ||
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| + | ===== How the disciplinary process works — so you know what to ask for ===== | ||
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| + | To ask a sharp question, you need to know how the process moves. A major-penalty proceeding under Rule 14 has a recognisable shape: | ||
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| + | - **Stage 1 — Charge memorandum.** The disciplinary authority issues articles of charge, a statement of imputations of misconduct, a list of documents relied upon, and a list of witnesses. This is delivered to the charged officer. | ||
| + | - **Stage 2 — Written statement of defence.** The charged officer files a written statement of defence within the time allowed, and may ask for inspection of documents listed against him. | ||
| + | - **Stage 3 — Inquiry.** An inquiry officer is appointed (sometimes the disciplinary authority itself, sometimes a distinct officer). The IO takes evidence on oath, examines and cross-examines witnesses, and allows the charged officer to lead his own evidence. | ||
| + | - **Stage 4 — Inquiry officer' | ||
| + | - **Stage 5 — Advice and final order.** The disciplinary authority considers the IO report, gives the charged officer a further opportunity of representation on the proposed penalty, and passes a final order under Rule 15. | ||
| + | |||
| + | The Supreme Court Constitution Bench in **Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727** (AIR 1994 SC 1074, decided 1 October 1993) held that where the inquiry officer is **distinct from the disciplinary authority**, | ||
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| + | The other Constitutional Bench anchor is **Union of India v. Tulsiram Patel, (1985) 3 SCC 398** (AIR 1985 SC 1416, decided 11 July 1985). Read correctly, Tulsiram Patel **upheld the exclusion of inquiry** under the second proviso to Article 311(2) — that is, in the three exception categories (criminal conviction, where impracticable to hold inquiry, and where inquiry on adequacy of penalty is refused in writing), no inquiry is required, and Article 14 cannot be used to reintroduce a hearing the Constitution has expressly excluded. It is the **boundary case** on when natural justice can be dispensed with — not, as the old stub claimed, a general " | ||
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| + | ===== The 2026 update you must know about ===== | ||
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| + | Two recent developments shape what you can ask for today. | ||
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| + | First, in **Union of India v. R. Shankarappa, | ||
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| + | Second, the Central Information Commission has refined how the **Section 8(1)(h)** exemption applies to disciplinary proceedings. In **K. Nagaraj v. Ministry of Home Affairs, CIC/ | ||
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| + | And in **Union of India v. R.S. Khan, W.P.(C) 9355/2009, Delhi High Court, 7 October 2010** (AIR 2011 DELHI 50), the High Court held that file notings of **concluded** disciplinary proceedings are disclosable to the delinquent officer himself; Section 8(1)(e) fiduciary cannot be used against the subject officer; and one cannot act on material neither supplied nor shown to the delinquent. Source: https:// | ||
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| + | The practical lesson: **status and timeline are almost always disclosable; | ||
| + | |||
| + | ===== Step-by-step: | ||
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| + | **Step 1 — Identify the public authority.** | ||
| + | - For a **Central Government servant**: the CPIO of the **concerned disciplinary authority / cadre-controlling authority / ministry or department** where the employee serves. If you are the charged officer yourself, name the office that issued the charge memorandum. Do **not** address it generically to DoPT unless DoPT is itself the disciplinary authority (as for certain AIS officers). | ||
| + | - For a **State Government servant**: the SPIO of the **State department / disciplinary authority** (for example, the SPIO, Office of the Executive Engineer, PWD Division, in Suresh' | ||
| + | - Online filing for Central authorities is available at **rtionline.gov.in** (fee Rs.10 payable online). Second appeals to the Central Information Commission are filed at **cic.gov.in/ | ||
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| + | **Step 2 — Prepare your questions.** Ask for specific, dated records, not vague " | ||
| + | |||
| + | - **Status:** " | ||
| + | - **Inquiry officer:** " | ||
| + | - **IO report:** " | ||
| + | - **Defence disposition: | ||
| + | - **Projected order:** " | ||
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| + | **Step 3 — Use the right form and fee.** | ||
| + | - Under **Section 6(1)** of the RTI Act, 2005, the application is made in writing or electronic form to the CPIO with the prescribed fee. Under **Section 6(2)**, you need not give any reason for requesting the information. Source: https:// | ||
| + | - Under the **RTI Rules, 2012 (DoPT, notified 31 July 2012)**, the application fee is **Rs.10**, payable by cash, Indian Postal Order, demand draft, or electronic means. The application should ordinarily not exceed 500 words. No fee is payable by a BPL applicant. Photocopy charge is Rs.2 per page; the first hour of inspection is free and Rs.5 per hour thereafter. Source: https:// | ||
| + | - State fees vary; see [[rti-fees-by-state]] for your state' | ||
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| + | **Step 4 — Submit and keep proof.** File by hand at the PIO's office and take a stamped receiving copy, or send by registered post and keep the acknowledgement, | ||
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| + | **Step 5 — Wait 30 days.** Under **Section 7(1)**, the PIO must reply within **30 days** of receiving the application (48 hours where the information concerns the life or liberty of a person). If the time limit is exceeded, the information is to be provided **free of charge** under Section 7(6). Source: https:// | ||
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| + | ===== The escalation ladder if you get no answer ===== | ||
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| + | RTI is powerful because it has a built-in ladder. If the PIO ignores you, refuses by merely quoting Section 8(1)(h), or gives a vague reply, you do not stop there. | ||
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| + | - **First appeal:** Under **Section 19(1)**, file a First Appeal with the **First Appellate Authority (FAA)** — an officer senior in rank to the PIO in the same public authority — within **30 days** of the expiry of the reply period. The FAA must dispose of the appeal within 30 days, extendable to 45. Source: https:// | ||
| + | - **Second appeal:** If the FAA also fails you, file a Second Appeal under **Section 19(3)** with the **Central Information Commission** (for Central authorities) or your **State Information Commission** (for State authorities) within **90 days**. No fee for a second appeal to the CIC. Source: https:// | ||
| + | - **Complaint under Section 18:** You may also file a direct complaint to the Information Commission if the PIO never replied at all or refused to accept the application. | ||
| + | - **Penalty under Section 20:** If the PIO has unreasonably refused or delayed, the Commission may impose a penalty of Rs.250 per day, up to a maximum of Rs.25,000. | ||
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| + | For a disciplinary-status RTI, the most common outcome is that the PIO replies with a one-line refusal quoting Section 8(1)(h) " | ||
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| + | You can draft and check your first appeal with the tools at https:// | ||
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| + | <WRAP note> | ||
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| + | ===== Documents to attach ===== | ||
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| + | - A copy of the **charge memorandum** (with its number and date), to help the PIO locate the file. | ||
| + | - Your **written statement of defence**, if you are the charged officer asking for its disposition. | ||
| + | - Any **interim orders** of the disciplinary authority (for example, an order of suspension under Rule 10). | ||
| + | - Proof of **Rs.10 fee** payment — Indian Postal Order receipt, cash receipt, or online transaction reference. | ||
| + | - If you are a **BPL applicant**, | ||
| + | - A self-addressed stamped envelope, if filing by post, for the reply. | ||
| + | |||
| + | ===== Common mistakes to avoid ===== | ||
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| + | - **Addressing it to DoPT generically.** DoPT is the nodal ministry, not the default disciplinary authority. Name the office that issued the charge memorandum. Misrouting loses 5+ days through Section 6(3) transfer. | ||
| + | - **Asking for "all enquiry evidence" | ||
| + | - **Accepting a bare Section 8(1)(h) refusal.** Under **K.K. Jaiswal (CIC, 2023)**, the PIO must show how disclosure impedes the inquiry. A one-line refusal is not enough — appeal it. | ||
| + | - **Forgetting Section 10 severability.** Even where third-party personal information must be protected under Section 8(1)(j), the PIO must sever that portion and disclose the rest under **Section 10**, not reject the whole application. | ||
| + | - **Missing the 30-day first-appeal window.** Under Section 19(1) you have 30 days from the expiry of the reply period. Miss it and you will have to explain the delay to the Commission. | ||
| + | - **Conflating minor and major penalty procedure.** Rule 16 (minor) is short; Rule 14 (major) is full. The documents available, and the natural-justice requirements under **B. Karunakar**, | ||
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| + | ===== Real-life example ===== | ||
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| + | <WRAP center round box> | ||
| + | **Suresh K.**, junior assistant, Public Works Division, a district headquarters in a State where the State CCA Rules mirror the CCS (CCA) Rules. | ||
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| + | - **Charge memorandum: | ||
| + | - **Written statement of defence:** filed 22 June 2023. | ||
| + | - **Inquiry sittings attended:** two, in August 2023 and November 2023. | ||
| + | - **RTI filed:** 4 August 2025, to the SPIO, Office of the Executive Engineer (Disciplinary Authority), PWD Division. Fee Rs.10 by Indian Postal Order. | ||
| + | - **PIO reply (3 September 2025):** refused under Section 8(1)(h), " | ||
| + | - **First appeal filed:** 2 October 2025, arguing (a) status is not evidence, (b) K.K. Jaiswal requires the PIO to show how disclosure impedes the inquiry, (c) R.S. Khan makes the IO report disclosable to the delinquent officer, (d) Section 10 severability applies. | ||
| + | - **FAA order (28 October 2025):** directed the PIO to furnish (i) the stage of the proceeding, (ii) the date of appointment of the Inquiry Officer, (iii) the date of submission or expected submission of the IO report, and (iv) the projected date of the final order — with third-party names redacted under Section 10. The IO report itself was to be furnished once submitted. | ||
| + | - **Total cost:** Rs.10 IPO + Rs.2 per page for certified copies (about Rs.40) = roughly Rs.50 in all. | ||
| + | </ | ||
| + | |||
| + | ===== Sample RTI letter ===== | ||
| + | |||
| + | < | ||
| + | To | ||
| + | The Central Public Information Officer / State Public Information Officer, | ||
| + | Office of the [Disciplinary Authority / Executive Engineer / Commissionerate], | ||
| + | [Ministry / Department / State office], [City] | ||
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| + | Subject: Application under Section 6(1) of the Right to Information Act, 2005 | ||
| + | — Status of disciplinary proceeding against [Name, Designation] | ||
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| + | Sir/Madam, | ||
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| + | Pursuant to Section 6(1) and Section 6(2) of the RTI Act, 2005, I seek the | ||
| + | following information concerning the disciplinary proceeding against | ||
| + | [Name, Designation], | ||
| + | Rule 14 of the CCS (CCA) Rules, 1965 [or the relevant State CCA Rules]: | ||
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| + | 1. The present status and stage of the proceeding as on [date]. | ||
| + | 2. The date of appointment of the Inquiry Officer, name and designation, | ||
| + | and the date on which the Inquiry Officer' | ||
| + | to be submitted. | ||
| + | 3. A certified copy of the Inquiry Officer' | ||
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| + | | ||
| + | | ||
| + | | ||
| + | 4. A certified copy of my written statement of defence dated [..] and | ||
| + | the disciplinary authority' | ||
| + | 5. The projected next step and the indicative date by which the final | ||
| + | order under Rule 15 is expected to be passed. | ||
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| + | I state that the information sought is personal to the delinquent officer | ||
| + | [or, where applicable: I am the delinquent officer]. Where any exemption | ||
| + | is invoked, kindly record the specific reasoning as required by the CIC | ||
| + | in K.K. Jaiswal v. CBDT (13 October 2023). | ||
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| + | The application fee of Rs.10 is paid herewith by [Indian Postal Order / | ||
| + | cash against receipt / online transaction reference No. ..]. Inspection | ||
| + | of records may be intimated so that I may avail the first free hour | ||
| + | under the RTI Rules, 2012. | ||
| + | |||
| + | Date: [..] [Signature] | ||
| + | Place: [..] | ||
| + | </ | ||
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| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== Can I get the inquiry officer' | ||
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| + | Often, no — but not always. The CIC in **K. Nagaraj (2019)** has held that " | ||
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| + | ==== I am the charged officer. Can I get my own file notings? ==== | ||
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| + | Yes, once the proceeding has concluded. In **Union of India v. R.S. Khan (Delhi High Court, 2010)**, the Court held that file notings of **concluded** disciplinary proceedings are disclosable to the delinquent officer himself; Section 8(1)(e) fiduciary cannot be used against the subject officer. During pendency, the 8(1)(h) analysis above applies. | ||
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| + | ==== Do I file at DoPT or at my own office? ==== | ||
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| + | At your own office' | ||
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| + | ==== What is the fee and how do I pay it? ==== | ||
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| + | For Central authorities, | ||
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| + | ==== The PIO just quoted Section 8(1)(h) and refused. What next? ==== | ||
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| + | File a First Appeal under Section 19(1) within 30 days. Argue that (a) status and timeline are not evidence, (b) K.K. Jaiswal (2023) requires the PIO to show how disclosure impedes the inquiry, (c) R.S. Khan (2010) makes the IO report disclosable to the delinquent officer once the proceeding reaches that stage, and (d) Section 10 severability applies. If the FAA also fails you, file a Second Appeal under Section 19(3) to the Central or State Information Commission within 90 days. You can draft the appeal at https:// | ||
| + | |||
| + | ==== Can a third party — a colleague, a relative, a journalist — get my disciplinary record? ==== | ||
| + | |||
| + | A third party faces the Section 8(1)(j) bar on personal information that has no relationship to any public activity or interest, and the Section 11 third-party procedure. The delinquent officer' | ||
| + | |||
| + | ==== My suspension under Rule 10 has lasted two years. Can I ask for the review date? ==== | ||
| + | |||
| + | Yes. Rule 10 of the CCS (CCA) Rules provides for suspension, and suspension must be reviewed at intervals. File an RTI asking for the date of the last review of your suspension under Rule 10, the order passed on that review, and the date of the next scheduled review. Avoid quoting an unverified " | ||
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| + | ==== Can the authority competent to impose only minor penalties issue a charge sheet for major penalties? ==== | ||
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| + | Yes, after the Supreme Court' | ||
| + | |||
| + | ==== Is there a penalty on the PIO for refusing without reason? ==== | ||
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| + | Yes. Under Section 20 of the RTI Act, the Information Commission may impose a penalty of Rs.250 per day on the PIO for unreasonable refusal or delay, up to a maximum of Rs.25,000. The Commission may also recommend disciplinary action against a PIO who persists in wrongful refusal. | ||
| + | |||
| + | ==== How long should I wait before appealing? ==== | ||
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| + | The PIO must reply within 30 days under Section 7(1). If no reply arrives, the first appeal is filed within 30 days of the expiry of that period. If a reply arrives but you are dissatisfied, | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | - DoPT — CCS (CCA) Rules, 1965: https:// | ||
| + | - DoPT — Ministry of Personnel, Public Grievances and Pensions: https:// | ||
| + | - RTI Act, 2005 — Section 6 (Indian Kanoon): https:// | ||
| + | - RTI Act, 2005 — Section 7 (Indian Kanoon): https:// | ||
| + | - RTI Act, 2005 — Section 19 (Indian Kanoon): https:// | ||
| + | - RTI Rules, 2012 (DoPT, notified 31 July 2012, NITI Aayon copy): https:// | ||
| + | - Central Information Commission — Second Appeal: https:// | ||
| + | - Union of India v. Tulsiram Patel, (1985) 3 SCC 398 (Indian Kanoon): https:// | ||
| + | - Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727 (Indian Kanoon): https:// | ||
| + | - K. Nagaraj v. Ministry of Home Affairs, CIC/ | ||
| + | - Union of India v. R.S. Khan, W.P.(C) 9355/2009, Delhi High Court, 7 October 2010 (Indian Kanoon): https:// | ||
| + | - K.K. Jaiswal v. CBDT, CIC, 13 October 2023 (RTI Foundation of India): https:// | ||
| + | - Union of India v. R. Shankarappa, | ||
| + | - Reference.in — CCS (CCA) Rules 1965, Rule 14: https:// | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | - [[rti-for-departmental-enquiry|RTI for departmental enquiry]] | ||
| + | - [[rti-for-vigilance-clearance|RTI for vigilance clearance]] | ||
| + | - [[rti-for-medical-negligence-enquiry|RTI for medical negligence enquiry]] | ||
| + | - [[certified-copy-fir-chargesheet-closure-report-not-provided|Certified copy of FIR, chargesheet or closure report not provided]] | ||
| + | - [[wrongful-termination-without-notice-domestic-enquiry|Wrongful termination without notice or domestic enquiry]] | ||
| + | - [[service-certificate-contains-errors|Service certificate contains errors]] | ||
| + | - [[rti-for-beginners|RTI for beginners]] | ||
| + | - [[rti-fees-by-state|RTI fees by state]] | ||
| + | |||
| + | //Last reviewed: 4 July 2026.// | ||
| + | |||
| + | {{tag> | ||