STANDING ORDER NO.

20 /2001
No. I.X/Inst-Adm-L Dated, the 24th May’ 2001

Subject:GUIDING PRINCIPLES TO BE FOLLOWED IN

PRELIMINARY—ENQUIRIES AND DEPARTMENTAL
ENQUIRIES.

Procedure for conducting Preliminary Enquiries and Departmental

Enquiries has been laid down in para 6.7 of Establishment Manual 1976 and
Rule 27 of CRPF Rules 1955 respectively. However, to supplement the
procedure, already in existence, following instructions should be carefully studied
and implemented in both letter and spirit.

PRELIMINARY ENQUIRY

A Preliminary Enquiry or fact finding enquiry should be held for

determining whether there is a prima-facie case for holding a regular
Departmental Enquiry against the delinquent or there is a need for termination of
the service of the employee, in accordance with the service rules . The report of
the PE cannot be used in the Departmental Enquiry, without furnishing a copy to
the delinquent. The evidence taken in the Preliminary Enquiry stage cannot also
be used for Departmental Enquiry, unless, witnesses are examined, afresh or at
least they are tendered for cross-examination. A PE is conducted with the
following objectives:-

(a) To ascertain the prima facie default of the allegations.

(b) Evidence available in support of the said allegations.

(c) To enable the superior officer of the Force to form judicious opinion
regarding nature of the proceedings, that may be drawn up, against the
defaulters, depending upon the gravity of the offence committed.

A PE can be held ex-parte, not merely, for the satisfaction of the concerned
authority. However, for the sake of fairness, the Govt. servant should be given an
opportunity to give his account pertaining to the allegations against him. This
may be in the form of a written reply or an oral statement, reduced to writing by
the officer conducting the P.E. In case the Govt. servant fails to respond within
the reasonable opportunity given, the P.E can be concluded without waiting for
the statement of the Govt. servant. This opportunity is necessary as it allows the
officer conducting the P.E. to form an objective view on the basis of evidence
gathered. It also avoids harassment to a Govt. servant, who may have had a very
valid reason for his action.;
 The method and procedure of conducting a P.E. has been given
under para-6.7 of Estt. Manual CRPF. In order to further streamline the P.E.
report, the report should be prepared as under:-

Para-1

Reference of communication through which the complaint was received,

name of the complainant with address, and the name of person against
whom the complaint is made.

Para-2

Point-wise listing of allegations.

Appendix-1

List of witnesses, with statements recorded in original, including statement

of Govt. servant. The witnesses should sign all such statements.

Appendix-2

List of documents with copies of documents examined during P.E.

Para-3

Each allegation to be taken up separately in the report, in the

following manner: -

Allegation No. 1 – Gist of allegation in brief discussion of both oral

and documentary evidence, collected, pertinent to the point and
conclusion,. Regarding the particular allegation.

Similarly allegation 2, 3 and so forth will be dealt with separately.

Para-4

Conclusion – On the basis of enquiry on each specific allegation. Opinion

regarding the specific misconducts of the officer, which have been established
prima facie, against the Govt. servant, should be given.

In the event of disciplinary proceedings, consequent to the P.E. original

documents would be required. The officer conducting the P.E. should ensure
that these documents are placed in safe custody with specific instructions,
regarding their preservation, till the final outcome of the action on the P.E.

DEPARTMENTAL ENQUIRY

1. Once a decision is taken to institute a Departmental Enquiry, it is

essential to frame article of charges and statement of imputation.
Accordingly the charge-sheet should be based on clear cut evidence
by including material, relating to the specific act of misconduct,
either in the charge or in the statement of imputation. The statement
should give a full recitation of the specific act of motion and
omission on the part of the delinquent. It should also preferably be
mentioned any other circumstances, if proposed to be taken into
account including admissions, if any made. If previous bad records
/punishment is proposed to be taken into account, it should be
mentioned as a specific charge. A reasonable and just attitude should
be adopted while framing the charges and there should not be any
element of bias / vindictiveness so as to avoid any adverse comment
from the higher authorities, including judicial body. An attempt to
multiply the charges should be avoided. A single and compact charge
is better than 3 – 4 meaningless charges. It is not the quantity but the
quality that matters. The statement of imputation must be elaborated
and not merely a copy of the charges.

2. After the charge is delivered to the accused by the Disciplinary

Authority or under his signatures, by the officer authorized by him,
in this behalf, reply of the delinquent if any shall be considered and
if unsatisfactory, the disciplinary authority shall appoint an Enquiry
Officer to conduct the departmental enquiry against the accused or
conduct the departmental enquiry himself. If reply is satisfactory the
matter would be closed.

3. The Inquiry Officer shall call upon the accused to enter a plea of
guilty or not guilty to each of the charges specifically. After the plea
of the accused is recorded, evidence shall be let in, by the Enquiry
Officer, in support of each charge, whether the delinquent has
pleaded guilty or not guilty to it.

4. The evidence shall be material to the charge and may either be oral
or documentary. If oral;

(i) It shall be direct, and

(ii) It shall be recorded by the officer conducting the enquiry
himself in the presence of the accused, in the manner in which
 evidence of a witness is recorded in judicial trial, except that,
it is not on oath, and

(iii) The accused shall be allowed to cross-examine the witness.

Cross examination of the witness by the accused shall be
recorded in the words of the witness, in the form of a narrative
except, where the enquiry officer is of the view that the whole
cross examination or any part of it, should be recorded in the
form of questions and answers. If the accused declines to
cross-examine the witness, it should be specifically recorded
and his signatures obtained ,to that effect.

5. Additional prosecution witnesses should not be examined after

defence has been let in. For reasons, to be recorded in writing,
the Enquiry Officer may examine any other witness essential for
the Enquiry, with due notice to the delinquent.

6. When documents are relied upon in support of charge, they shall

be put in evidence as exhibits, through witnesses. For example,
if an office order is sought to be proved as an Exhibit, the officer
who signed the original, must be examined as a witness and
asked, if the said order is signed by him. If such officer cannot
be easily procured as a witness, the official who has the custody
of such order and who is conversant with the signatures of the
officer, who signed same, must be examined to identify the
signatures, in the document. Copies of record be proved from the
original. The accused shall, before he is called upon to make his
defence, be allowed to inspect all such exhibits and obtain copies
thereof.

7. After the close of the prosecution evidence the statement of the

accused shall be recorded by the Inquiry Officer in the form of
simple questions and answers related to the charge, the evidence,
and the documents duly proved as exhibits. The accused should
not be persuaded, induced or coerced to give a statement. If he
declines to answer a question or make a statement, this fact may
be specially recorded. The statement must be signed by the
accused. If he refuses to sign the statement, this fact, too must be
noted and attested by the Enquiry Officer, preferably and also by
the staff present. If the accused has pleaded guilty and does not
challenge the statements of witnesses, the enquiry be closed and
findings be submitted to the Disciplinary Authority. In case, the
Disciplinary Authority conducts the enquiry himself, he will
close the enquiry and pass orders.
8. If the accused has not pleaded guilty and has not admitted the
statements of witnesses, he should be called upon to enter his
defence and file a written statement and a list of defence
witnesses whom he may like to examine within 15 days. If the
accused does not file a written statement, the Enquiry Officer
conducting the enquiry, after the expiry of 15 days shall once
again examine him.

9. If the accused refuses to cite any witness or to produce any

evidence in his defence, the proceedings shall be closed for
orders.

10. If the accused produces any evidence, the Enquiry Officer shall
proceed to record the same. The defence witness should be
allowed to be cross-examined by the prosecution, if it is
represented through the presenting officer. If there is no
presenting Officer, the Enquiry Officer may put questions to the
witness to test his veracity. But the Enquiry Officer should, at no
stage adopt a partisan attitude and resume the role of a
prosecutor himself.

11. If the Enquiry Officer considers that the evidence of any witness
or any document which the accused wants to produce in his
defence is not relevant or material to the issues involved in the
enquiry, he may refuse to call such witness or to allow such
document to be produced in evidence, but in all such cases he
shall briefly record his reasons for considering the evidence as
inadmissible or irrelevant.

12. When the defence evidence has been brought on record, the
Enquiry Officer shall close the proceedings for orders.

13. The Enquiry Officer acts quasi judicially in departmental

proceedings. He is absolutely free to regulate the proceedings of the
enquiry and take decisions during the enquiry on the representation and
objectives raised by both sides. The provisions of Indian Evidence Act
and Criminal Procedure Code are not applicable to DEs and the standard
of proof required is preponderance of probability and is distinct and
different from the criminal trial. The Enquiry should confirm to the
principles of natural justice and the delinquent should be given a
reasonable opportunity of submitting his defence. Once the enquiry
 officer has signed his report, he becomes functo officio and cannot make
any change in his report.

14. After the receipt of the report of the enquiry officer, the disciplinary
authority should apply its mind to the charges , findings of the enquiry
officer and evidence adduced during the enquiry and then record its
findings. The disciplinary authority may disagree with the findings of
the Enquiry Officer and give his own findings. The disciplinary
authority should supply a copy of the report of the Enquiry Officer /
disagreement report, to the delinquent for making representation before
passing final orders on that DE. The disciplinary authority should ensure
that in accordance with the principles of natural justice, the quantum of
punishment awarded should be proportionate of the gravity of the
charge. However it has to be kept in mind that a person can not be
reduced to a lower ,than the post ,for which he was appointed, at the
time of his first entry in service, in a substantive capacity. For example a
person who is originally appointed as a sub-Inspector on substantive
basis, can not be reduced to a rank even as a penal measure, below, that
of a sub-Inspector or one in a different cadre but equivalent thereof i.e.
below sub-Inspector,. However this difficulty will not arise in case of a
promotee who can always be reduced to the rank /post, from which he
was promoted to the present rank.

15. There is no bar of conducing a DE simultaneously or during the

pendency of criminal trial. Normally the charges should be distinct
from the charges, which are the subject of the criminal trial, but
there is no bar as such in conducting DE on similar charges, which
are subject matter of the criminal trial. A DE may be held even if
the accused has been acquitted in a criminal case giving him the
benefit of doubt. Even in cases of hon’ble acquittal, the
departmental proceedings can be drawn, as a standard of proof
required is different and distinct than what is required in a criminal
trial.

16. Whenever order is passed under Section 12(1) of CRPF Act 1949
and Rule 27 (cc) (i) of CRPF Rules 1955 i.e. order of dismissal on
imprisonment etc, the disciplinary authority should go through the
judgment of the Criminal Court thoroughly and consider all facts
and circumstances of the case which led to the conviction and
sentence of imprisonment and pass a self contained and well
reasoned speaking order, justifying dismissal /removal etc. Such
order can be issued without waiting for the period of filing of an
appeal or, if an appeal has been filed, without waiting for the
decision ,in the first court of appeal.
17. Where an order under Section 12 of the CRPF Act 1949 or Rule
27(cc) of CRPF Rules 1955 is passed after some lapse of period, the
authority passing the order should direct that the order shall come
into force, from the date of issue and not from the retrospective date.
The individual concerned may not be paid salary for the period ,he
has remained in confinement, consequent to his conviction as laid
down in Section 13 of the CRPF Act. If the member of the Force
has, during the intervening period, not gone under confinement, the
period so intervening, excluding , the period of confinement, should
be treated as duty and he shall be paid the pay and allowances for
the said period.

18. In the context of imposition of departmental penalty on a member

of the Force on the ground of his conviction (non imprisonment) on a
criminal charge as contained in rule 27(cc) of CRPF rules 1955 , the
disciplinary authority should carefully examine the court judgment .
After weighing all the facts and circumstances of the case, the
disciplinary authority should decide the imposition of penalty and its
quantum. In considering the matter the disciplinary authority should
take into account the entire conduct of delinquent employee, the gravity
of misconduct committed by him, the impact, which his misconduct is
likely to have, on the Force and the extenuating circumstances and other
redeeming features. The conviction of the accused will be taken as
sufficient proof of misconduct. The penalty should not be arbitrary or
grossly disproportionate or unwarranted by the facts and circumstances
of the case.

19. In exceptional situation, where the requirement of holding a DE

needs to be dispensed with, as per procedure contained in rule 27 (cc)
(ii)(iii) of CRPF Rules 1955, the disciplinary authority should keep in
mind the scope of second proviso of Article 311 (2) of the Constitution
of India and exercise its power with due caution and consideration. It is
necessary for the disciplinary authority to record, in writing, the reasons
dispensing with the enquiry and such reasons should be kept in the
relevant file. It is open for the disciplinary authority to convey in brief
the reasons which weighed to dispense with the enquiry and incorporate
it in brief in the final order
20. Conviction per se can neither form a basis of dismissal or
neither removal nor it warrants any such penalties automatically.
Dismissal/removal cannot ipso facto become effective. It is only the
conduct of a member of the Force leading to his conviction, which
is the testing ground on which the punishment has to operate and not
conviction/imprisonment itself. Therefore, before any penalty is
imposed on the member of the force after the conviction/
imprisonment, an opportunity of being heard is to be granted to him.

21. The authority has to apply his mind to the facts and
circumstances of the case and examine the conduct of the member of
the Force, which led to his conviction. After giving due
consideration to all the relevant facts, the disciplinary authority has
then to pass the speaking order, while awarding penalty. It is to be
justified in the order of punishment that on what circumstances the
extreme penalty of dismissal has to be imposed on the delinquent.
There can never be a mechanical order of dismissal or removal on
the basis of conviction or imprisonment alone.

22. The disciplinary authority shall then record his findings and
pass orders. The disciplinary authority may disagree with the
findings of the Enquiry Officer and give his own findings.

23. The final orders passed in the enquiry shall be

communicated to the accused in writing and his acknowledgement
obtained. If the accused refuses to give or sign an acknowledgement,
this fact will be recorded by the disciplinary authority or by the
officer authorized to communicate the order. The final order must be
a speaking order . It must fall in to three parts viz. (a) the charge, (b)
the gist of evidence as assessed by the disciplinary authority with his
finding on each issue and (c) the process of reasoning. It should be a
self-contained and a comprehensive judgment.

24. Each Departmental Enquiry file should have an

index as follows:

(a) Preliminary Enquiry papers,

(b) Articles of Charge, memo of imputations, memorandum of
evidence,
(c ) Delinquent(s) statement of ‘guilty’ or ‘non guilty’
(d) Statement of Prosecution witnesses,
(e) Prosecution Exhibits
 (f) Statement of delinquent,
(g) Written statement of delinquent, if any,
(h) Statement of Defence witnesses,
(i) Defence Exhibits,
(j) Findings of the Inquiry Officer,
(k) Final order passed by the Disciplinary authority and
(l) Acknowledgement of accused regarding receipt
/communication of final order.

25. If the Commandant is away on long leave and if an officer is

appointed to officiate in his vacancy, such officer can exercise all the powers,
including the statutory powers, under section 12 of the CRPF Act 1949 and
Rule 27 (cc) of CRPF Rules 1955 vested in a Commandant. Difficulty is
likely to arise only when an officer is not appointed to officiate as
Commandant but is directed to hold current charge of the duties of the
Commandant in addition to his own duties. In that case, he is required to act
in accordance with the instructions contained in note 2 below table to Rule 27
of the CRPF Rules 1955. This note authorizes the officer holding current
charge as Commandant when the post of Commandant remains unfilled for a
period of over one month at a time, to exercise the powers of punishment
vested in the Commandant, except the powers of ordering dismissal or
removal from the Force in respect of a member of the Force.

26. U/S 11(2) of the CRPF Act 1949, any gazetted officer when
in command of, any detachment of the Force, away from the
headquarters ,may award the following punishments, provided he is
specifically authorized in this behalf by the Commandant:-

(a) Confinement to Quarter, Lines or Camp for a term not exceeding one
month.

(a) Confinement in Q.G. for not more than 28 days with or without
punishment drill or extra guard, fatigue or other duty. Whenever the
deployment of the unit demands for exercise of this power by the
officers at the various difficult out-posts and in detachments, the
Commandant should examine the desirability of delegation of such
powers.

27. The quantum and nature of the punishment to be awarded to a

member of the Force is left to the discretion of the authority
competent to pass such orders in each case.
28. Where an order under section 12 of the CRPF Act 1949 or under
Rule 27(cc) of CRPF Rules 1955 is passed after some lapse of period, the
authority passing the order should direct that the order will come into force
from the date of issue and not from the retrospective date. The individual
concerned may not be paid salary for the period, he has remained in
confinement, consequent to his conviction as laid down in Section 13 of the
CRPF Act. If the member of the Force has, during the intervening period,
gone under confinement, such intervening period, excluding the period of
confinement, should be treated as duty and he shall be paid the pay and
allowances for the said period.

TIME SCHEDULE FOR COMPLETION OF ENQUIRIES

(i) A preliminary enquiry should be completed within

seven days from the date of issue of orders.

(ii) A Departmental Enquiry should be completed within

three months from the date of issue of orders.

(iii) Court of Enquiries (including M.T. accidents) should

be completed within 3 months from the date of issue
of orders.

TIME SCHEDULE FOR DISPOSAL OF APPEALS

(i) By DIGP- Within 30 days (including the time taken in

obtaining Comments/ documents from the
range/ Units /GC).
(ii) By the IGP- Within 45 days (including the time taken in
obtaining Comments/documents from the
Range DIGP)
(iii) By the DG- Within 60 days (including the time taken in
obtaining Comments/documents from the
Sector IGP)

SPEEDY FINALISATION OF DEPARTMENTAL ENQUIRIES

AGAINST OFFICERS
With a view to avoid delay in completion of the Departmental Enquiries
against delinquent officers, the following instructions be adhered to :-

(a) The enquiry is to be held on day-to-day basis by the enquiry

officer. The enquiry officer should also dispose of such matters,
which can be disposed of at his level without referring to this
Directorate.

(b) The delinquent officer should be allowed to correspond directly

with the Enquiry officer in matters connected with the enquiry
and such correspondence need not be routed through prescribed
channel or this Directorate General.

(c) It shall be ensured that normally no delinquent officer shall be

allowed to proceed on leave or detailed on any course/duty
etc. before completion of the enquiry.

(d) Two copies of enquiry report shall be sent to the Directorate

General by the enquiry officer alongwith original enquiry file.

(e) All efforts be made to complete the enquiry within a period of

3 months to avoid the generation of legal complications. As
and when it is felt by the Enquiry Officer that enquiry is not
likely to be completed within a period of three months due to
any reason, the same shall be brought to the notice of the
Directorate General immediately, by the enquiry officer so that
appropriate remedial steps can be taken and M.H.A. can be
informed .

(f) While conducting disciplinary proceedings against an officer, a

copy of Preliminary Enquiry report, if conducted and a copy of
the explanation of the delinquent officer should be kept on the
file with parawise comments thereon.

ATTENDENCE OF A MEMBER OF THE FORCE DURING

SUSPENSION

When a person is under suspension and DE is contemplated against

him, it is emphasized that the competent authority, while issuing suspension
order, must clearly mention in the order of suspension that while under
suspension, such person will attend morning parade, evening Roll Call or
Check Roll Call etc. apart from all other liabilities prescribed in the existing
instructions.
 The instructions contained in this Standing order shall supersede all
other instructions contained in Circular Orders No.6/1975, 31/1978, 28/1979,
32/1980, 3/1981, 7/1981, 6/1985, 8/1985,18/1985, 20/1985, 22/1985, 6/1986,
12/1987, 2/1988 , 22/1989, 11/1991 and 5/2000.

( Dr. Trinath Mishra )

DG,CRPF

No. I.X/Inst-Adm-L Dated, the 24th May’ 2001

Copy forwarded for information and necessary action to :-

1. The Addl. DG, NWZ, CRPF, Chandigarh.

2. The IsGP, CRPF (Sectors & Ops) and RAF.
3. The IGP ISA, CRPF
4. All DisGP, CRPF (Range & Ops)
5. All Addl. DisGP, GCs, CRPF (including SGC)
6. All Commandants, Bns, (including SDG, RAF, CWS, Signal Bns)
7. All Principals, CTCs/RTCs, CRPF
8. All CMOs, BHs, CRPF.
9. All Audit Officers, CRPF

( A.K.Singh )
DIG(Adm) CRPF

Internal

All DisGP/ DFA/ ADIsGP/ PRO/ DCs & branches/

PS to DG/Addl. DG/IsGP