Inquiry Report: Your 15-Day Representation Under Rule 15

What Rule 15(2) Requires

The inquiring authority should normally submit its report within six months of its appointment, though extensions of up to six months at a time can be allowed (Rule 14(23), PDF p. 21).

The disciplinary authority must then send you a copy of the inquiry report. If it disagrees with any finding, it must also send its tentative reasons for disagreement. You may submit a written representation within fifteen days, whether the report is favourable to you or not (Rule 15(2), PDF p. 22).

The disciplinary authority may instead send the case back to the inquiring authority for further inquiry, giving written reasons (Rule 15(1), PDF p. 22).

If the Disciplinary Authority Disagrees

The Supreme Court has held that before the disciplinary authority finally disagrees with the inquiring authority's findings, it must give you a hearing and communicate its tentative reasons for disagreeing (Yoginath D. Bagde v. State of Maharashtra, SC, 16.09.1999, PDF p. 20) (Yoginath D. Bagde, PDF p. 21).

So answer each tentative reason in your representation, point by point, with references to the evidence on record.

UPSC Advice and What Happens Next

Where the Commission must be consulted, the disciplinary authority sends it the report, any disagreement note, and its comments on your representation (Rule 15(3)(a), PDF p. 22). You then get a copy of the Commission's advice and may make a further written representation within fifteen days (Rule 15(3)(b), PDF p. 22).

The disciplinary authority must consider your representations and record its findings before going further (Rule 15(4), PDF p. 22). If it decides on a minor penalty, it passes the order under Rule 15(5) (Rule 15(5), PDF p. 22). If it decides on a major penalty, it passes the order without giving you a further chance to represent on the penalty itself (Rule 15(6), PDF p. 23).

With the final order you get its findings, or its reasons for disagreeing with the inquiring authority, and a copy of any Commission advice (Rule 17, PDF p. 24).

Why the Copy of the Report Matters

The Supreme Court held that where the inquiry officer is not the disciplinary authority, you have a right to a copy of the inquiry report before the disciplinary authority decides on guilt. Denying it breaches natural justice (Managing Director, ECIL v. B. Karunakar, SC, 01.10.1993, PDF p. 36).

The Court also held that the report must be supplied whether or not you ask for it, and your failure to ask is not a waiver (B. Karunakar, PDF p. 37).

Where to Check

• Rules 14(23), 15 and 17 of the CCS (CCA) Rules, 1965, DoPT copy updated up to 15.10.2018 (CCS (CCA) Rules, cover, PDF p. 1).
• The covering letter that sent you the report. Keep proof of the date you received it.
• Delhi Police subordinate ranks are governed by the Delhi Police (Punishment and Appeal) Rules, 1980, not the CCS (CCA) Rules (DP (P&A) Rule 3, PDF p. 17).

Related Questions

Official Sources

• Central Civil Services (Classification, Control and Appeal) Rules, 1965 (DoPT copy, updated up to 15.10.2018) · Department of Personnel and Training, Government of India
• Managing Director, ECIL, Hyderabad v. B. Karunakar, judgment dated 01.10.1993 · Supreme Court of India
• Yoginath D. Bagde v. State of Maharashtra, judgment dated 16.09.1999 · Supreme Court of India
• The Delhi Police Rules booklet, including the Delhi Police (Punishment and Appeal) Rules, 1980 · India Code (Government of NCT of Delhi rules under the Delhi Police Act, 1978)