Hi! Welcome to satish24k - It's Not Just Central Government Employeees News, but We Strive To Present You Whatever You Might Be Interested In.......................Chief Editor - kavitaSatish, Just a COMMON MAN with UNCOMMON DREAMS.......... LIFE IS NOT WHAT WE GET FROM BIRTH, IT IS WHAT WE MAKE OUT OF EVERY MOMENT WE LIVE; SO MAKE BEST OUT OF IT.......HAVE A GREAT LIFE

Wednesday, July 22, 2015

Latest News Tatkal Ticket


Ministry of Railways decides to remove the condition of providing photocopy of identity card or indicating its number at the time of purchase of Tatkal ticket.

The modified Tatkal provisions to come to effect by 1st September, 2015. The exact date of effect will be notified separately.

             Ministry of Railways has decided to modify some of the rules pertaining to purchase of tatkal tickets.  Under the modified rules, there will be no need to furnish photocopy of proof of identity while booking Tatkal ticket from computerised reservation counter or to indicate its number at the time of booking of Tatkal ticket at the counter or through internet.

          In addition,  as per the proposed changes, in case of ticket booked under Tatkal scheme, one of the passengers has to produce anyone of the following proofs of identity in original during the journey, failing which all the passengers booked on that ticket will be treated as travelling without ticket and charged accordingly : -

(i)    Voter Photo Identity Card issued by Election Commission of India.
(ii)   Passport
(iii)  PAN Card issued by Income Tax Department
(iv)  Driving Licence issued by RTO
(v)   Photocopy Identity Card having serial number issued by Central/State Government
(vi)  Student Identity Card with photograph issued by recognized School/College for their Students
(vii) Nationalised Bank Passbook with photograph
(viii) Credit Cards issued by Banks with laminated photograph
(ix)  Unique Identification Card “Aadhar”
(x)   Photo identity cards having serial number issued by Public Sector Undertaking of State/Central Government, District Administrations, Municipal bodies and Panchayat Administrations.

          These modifications will come into effect by 1st September, 2015.  The exact date of effect will be notified separately.

          As per extant instructions for undertaking journey on Tatkal tickets, the passenger at the time of booking a ticket from PRS centre has to provide a photocopy of identity card which he/she will carry during the journey. The number of this identity card is indicated on the ticket as well as reservation chart and during the journey the passenger has to carry the same original proof of identity failing which he/she is treated as travelling without ticket and charged accordingly. In case of passengers booking ticket through internet, the number and type of identity card to be carried by the passenger during the journey is indicated at the time of booking of ticket and the passenger has to carry the same original proof of identity during the journey failing which all the passengers are treated as travelling without ticket and charged accordingly.  These provisions are now being modified as mentioned in the first two paragraphs.

 Source:http://www.pib.nic.in/newsite/erelease.aspx?relid=0

Govt’s new sexual harassment guidelines: ‘Can transfer accused, give paid leave to complainant’


Govt’s new sexual harassment guidelines: ‘Can transfer accused, give paid leave to complainant’

 A govt servant accused of sexual harassment ‘may also be placed under suspension before or after issue of a chargesheet where his continuance in office will prejudice the investigation’.

In a fresh set of instructions, the Centre has stated that the Complaint Committee examining a sexual harassment complaint will have the power to recommend — as initial relief — a three-month paid leave for the aggrieved woman. It will also have the authority to recommend the transfer of the complainant or the accused to another workplace, the guidelines said.

“The leave will not be deducted from her leave account,” the guidelines said.
The guidelines, issued by the Department of Personnel & Training (DoPT), also said that a government servant accused of sexual harassment “may also be placed under suspension before or after issue of a chargesheet where his continuance in office will prejudice the investigation” or if there is an apprehension that he may tamper with witnesses or documents.

“Suspension may also be resorted to where continuance of the government servant in office will be against wider public interest, like if there is a public scandal and it is necessary to place the government servant under suspension to demonstrate the policy of the government to deal strictly with officers involved in such scandals. It may be desirable to resort to suspension in case of misdemeanour involving acts of moral turpitude,” the latest guidelines said.
The guidelines also stated that the disciplinary authority is not expected to dispense with the inquiry “lightly, arbitrarily or with ulterior motive or merely because the case against the government servant is weak”.

The guidelines also said that the charged officer has to be given an opportunity to cross-examine all witnesses that appear on behalf of the prosecution. Failure to do so may result in vitiation of the inquiry.

“If the complainant appears as a witness, she would also be examined and cross-examined. The inquiry officer may, however, disallow questions which are offensive, indecent or annoying to the witnesses, including the complainant,” the guidelines stated.

The guidelines further stated that the disciplinary authority may also take action without the inquiry if it concludes that it is not reasonably practicable to hold one. Circumstances where the accused threatens or intimidates witnesses will be considered reasons enough to take action without an inquiry.

The Complaints Committees, set up in all ministries and organisations under them in accordance with the Supreme Court judgement in the Vishakha case, are to be headed by a woman and at least half of its members should be women.

“In case a woman officer of sufficiently senior level is not available in an office, an officer from another office may be appointed. To prevent the possibility of any undue pressure or influence from senior levels, such complaints committees should involve a third party, either an
the issue of sexual harassment,” the government said.

The aggrieved woman or complainant is required to make a complaint within three months of the incident, the guidelines said.

Source:http://indianexpress.com/article/india/india-others/govts-new-sexual-harassment-guidelines-can-transfer-accused-give-paid-leave-to-complainant/

Tuesday, July 21, 2015

7TH PAY COMMISSION EXPECTED SALARY CALCULATOR


LATEST NEWS REGARDING 7TH PAY COMMISSION EXPECTED SALARY CALCULATOR-ARTICLE FROM GOVTENEWS


7th Pay Commission Recommendations has begun to emerge!

It doesn’t come as a surprise that even bits and morsels of information about the recommendations, which is being eagerly expected by nearly 50 lakh employees and pensioners, make headlines.”

The recommendations of the 7th Pay Commission have slowly started to make their way to the media in the form of unconfirmed news. The information that was being extensively discussed by all for more than a week now has finally made it to the websites yesterday.

It has now been confirmed that the 7th Pay Commission will submit is report to the Government next month. With the report being given a final shape, certain pieces of information have already started to hit the media. Some of the workable recommendations of the commission are out.

In 2006, a number of such unconfirmed reports surfaced, when the 6th Pay Commission report was being prepared, because the report was not submitted to the government on time. Due to the delay, there was tremendous curiosity to find out what the report contained. This led to a lot of rumors. Since the internet didn’t become that popular in those days, those rumors were hard to believe. Most of them were circulated by word of mouth.

Now, despite the fact that there are plenty of news sources, since it has become possible to trace the point of origin of the information, such rumors have reduced. This time around, the information was given by the leaders of Federations. Yet, one can neither completely accept them as true, nor dismiss them as entirely false.

Since the government and the major employees federations have their own websites, it has become possible for the information to spread to the corners of the world within minutes. Also, retracts and denials too have become equally fast, thus killing the rumours immediately. With a number of other individual websites and blogs too covering the news about Central Government employees, the readers are now able to differentiate between news and rumours.

There is nothing surprising or shocking in the news reports that have now surfaced. A minimum basic pay of Rs.21,000 is an expected one. The recently released Kerala Pay Commission too has recommended the minimum wage at Rs.17,000 (from 01.01.2014 onwards). The National Council has demanded that it be Rs.26,000 per month.

It is a well known fact that the Grade Pay System had been a source of constant irritation. The dual Hierarchy System (Promotional hierarchy and Grade Pay hierarchy) will come to an end. There will not be any more confusion about the promotions that come through MACP.

The Multiplication Factor of 2.86 does sound very low. NC JCM had pressurized the Pay Commission to fix it at 3.7. The 6th Pay Commission had fixed it at 1.86, and also given Grade Pay. Since the DA now stands at 125% (including July 2015 and January 2016), this could end up being substantial.

Information about retirement is unexpected. Unconfirmed reports claim that the 7th Pay Commission is planning to recommend 33 years in service or the age of 60 (whichever comes early) as the criteria for superannuation. Since the recommendations will be implemented from 01.01.2016 onwards, many are likely to get affected.

And also some key messages revolving about the recommendations are…
There will be no running Pay band and Grade Pay System. The Pay scales will be open ended to avoid stagnation in the scales. The CCA will be separated into two components as it was in the 5th Pay Commission. CGEGIS Insurance Coverage and Monthly premium will be increased. Classification of Posts will be Modified and the 7th Pay Commission recommendation will be implemented with effects from 1.1.2016.

Source: http://www.govtenews.com/

OROP: Ex-servicemen Warn of Upping Ante


OROP: Ex-servicemen Warn of Upping Ante

BENGALURU: Around 1,500 ex-servicemen descended on the Town Hall in the city on Sunday demanding that the government implement the one-rank-one-pension (OROP) scheme.

This was the second such agitation by the veterans in the last few weeks.

The veterans were miffed that the government has not implemented the scheme from 1973 when the issue was first raised.

The scheme entitles uniform pension for armed forces personnel retiring in the same rank with the same duration of service, irrespective of the date of retirement. On Sunday, many of the veterans expressed hope that OROP will be implemented soon.  Col K D Shelley (retd) told Express that Defence Minister Manohar Parrikar had recently said funds were not a problem.

“However, it is appalling that not one government representative visited us during our agitation. We, being a disciplined force, do not resort to arm-twisting tactics like rasta/rail roko. However, we will be forced to take up such measures if there is a delay in implementation of OROP,” added Shelley.

Most of those present blamed the delay in implementation of the scheme on bureaucrats, who they said, are throwing a spanner in the works.

Shelley was also surprised that the city police did not grant permission to the veterans to take out a rally.

Input from  http://www.newindianexpress.com/cities/bengaluru/OROP-Ex-servicemen-Warn-of-Upping-Ante/2015/07/20/article2929812.ece

Changes in labour laws


Changes in labour laws after consultation with trade unions: PM Narendra Modi

With labour reforms facing stiff resistance from trade unions, Prime Minister Narendra Modi on Monday said changes in the laws will be carried out through consensus and in consultation with them.
Inaugurating the 46th Indian Labour Conference, he said “changes in the labour laws will be made with the concurrence of the unions and the consultation process will continue”.

The government has set up a high-level inter-ministerial committee under Finance Minister Arun Jaitley to hold discussions with the unions on issues concerning labour. The committee held its first meeting on Sunday during which a host of labour related issues were discussed.

Talking about different interest groups, Modi said that there was a thin line dividing the interest of industry and industrialists, government and nation, and labour and labour organisations.

Often one talks about saving the industry but ends up protecting industrialists, he said, adding there was a need to recognise this thin line and adopt a balanced approach to the deal with the issues and change the environment.

The Prime Minister also regretted that the number of apprentices in the country was very low and asked the industry to provide more opportunities to them with a view to increase their numbers from three lakh to at least 20 lakh.

The number of apprentices in China is two crore, Japan one crore and Germany 30 lakh as against only three lakh in India, he said.

“If we want to move ahead, we need to give opportunities to our youth. Giving opportunities to apprentices is the need of the hour,” Modi said, adding there was a need to focus on people who are unemployed.

Raising the labour issues, BJP-backed Bharatiya Mazdoor Sangh president and Vice-Chairman of 46th ILC, B N Rai said that rapid economic growth should not be at the cost of the workers.
The Prime Minister underlined the need for encouraging and recognising innovations at every level by the industry as well as the government.

“Nobody recognises the capacity of labourers to innovate. I have to change this atmosphere,” he said.

Modi said the government, industry and trade unions would have to think about ways to improve respect for workers.

The government would give certificates to workers having traditional skills as part of the initiatives to recognise their importance, he added.

Observing that country cannot remain happy if labourers are unhappy, Modi said, they contribute immensely for nation building and businesses cannot run properly in absence of cordial relation between workers and employers.

The Prime Minister also expressed concern over the lack of respect for the workers in Indian society. “There is a wrong habit which has crept in, we do not respect our labour enough, he said,” adding the law was needed for those who do not treat labour as fellow human beings.

He also made a case for simplification of the labour laws which currently are complex and can be interpreted by all stake holders for their own benefit.

“It is my effort to simplify the laws so that even the poorest are able to understand their rights and avail them,” Modi said.

Modi said that he has seen poverty and does not need to take camera persons to see poverty.
“I have seen and experienced poverty, I do not need to go somewhere with a cameraman to know about poverty,” Modi said.

The Prime Minister asked industry to promote apprenticeship and make it as part of their corporate social responsibility.

“You (industry) cannot keep the door closed for apprentices for long time,” he added.
The government, he said, has taken several steps for the welfare of labour. These include raising minimum pension to Rs 1,000 per month, introduction of social security and pension schemes and online PF accounts. “We are empowering labour though technology.” he added.

Highlighting the social security schemes launched by the government, he said these schemes would also benefit workers in the unorganised sectors.

Observing that the schemes are not for rich, he said they would change the lives of poor. He even asked trade unions to promote these schemes.

Modi also raised the health issue of labour. “All their medical records will now be available online,” he said.

Input from http://indianexpress.com/article/india/india-others/changes-in-labour-laws-after-consultation-with-trade-unions-pm-modi/

Sexual Harassment - Steps for conducting inquiry


Steps for conducting inquiry in case of allegation of Sexual Harassment

F. No. 11013/2/2014-Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated July 16th, 2015

OFFICE MEMORANDUM

Subject: Steps for conducting inquiry in case of allegation of Sexual Harassment

Undersigned is directed to say that during the meeting of the Chairpersons of Complaints Committees with Secretary (Personnel) on the 16 th April, 2015 it was suggested that the Department of Personnel and Training may prepare a step guide for conduct of inquiry in complaint cases of sexual harassment. Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 lays down that the Complaints Committee established in each Ministry or Department for inquiring into complaints of sexual harassment shall hold such inquiry as far as practicable in accordance with the procedure lain down in these Rules.

2. The annexed guide on “Steps for Conduct of Inquiry in complaints of Sexual Harassment” is intended to give the procedure as prescribed in the rules/instructions. This is, however, not intended as a substitute for reference to the Rules and instructions. Members of the Complaints Committees and others who are required to deal with such inquiries should acquaint themselves with Central Civil Services (Classification, Control and Appeal) Rules, 1965, and instructions issued thereunder.

( Mukesh Chaturvedi)
Director (E)


Steps for Conduct of Inquiry in Complaints of Sexual Harassment

Complaints Committees

l. Complaints Committees have been set up in all Ministries/Department and organisations under them in pursuance to the judgement of the Hon’ble Supreme Court in the Vishakha case. As per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013(“the Act”), the Internal Complaints Committee (referred to as “Complaints Committee” hereafter) is to be set up at every workplace. As per Section 4(2), this will be headed by a woman and at least half of its members should be women. In case a woman officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. To prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committees should involve a third party, either an NGO or some other body which is familiar with the issue of sexual harassment.


What is Sexual Harassment?

2. “sexual harassment" includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:-

(i) physical contact and advances; or
(ii) demand or request for sexual favours; or
(iii) sexually coloured remarks; or
(iv) showing any pornography; or
(v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

3. The following circumstances, among other circumstances, in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:
(i) implied or explicit promise of preferential treatment in employment; or

(ii) implied or explicit threat of detrimental treatment in employment ; or

(iii) implied or explicit threat about her present or future employment status; or

(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or

(v) humiliating treatment likely to affect her health or safety.


Workplace defined:
4. As per Section 2(0) ofthe Act, the following places are included within the ambit of the expression “workplace”:
(i) any department, organisation, undertaking, establishment, enterprise, institution, office, etc. -established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;

(ii)hospitals or nursing homes;

(iii) any sports institute, stadium, etc., used for training, sports or other activities relating thereto;

(iv)any place visited by the employee arising out of or during the course of employment -including transportation provided by the employer for undertaking such journey;


Initial relief
5. The Committee will also have the powers to recommend:-
(a) to transfer the aggrieved woman or the charged officer to any other workplace; or
(b) to grant leave to the aggrieved woman up to a period of three months.
(The leave will not be deducted from her leave account.)

Complaints Committee to be Inquiring Authority
6. As per Proviso to Rule 14(2) of CCS (CCA) Rules, 1965, in case of complaints of sexual harassment, the Complaints Committee set up in each Ministry or Department etc. for inquiring into such complaints shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority for the purpose of these rules. Complaints Committee, unless a separate procedure has been prescribed, shall hold the inquiry as far as practicable in accordance with the procedure laid down in the Rule l4.

Need for investigation
7. The Complaints Committees may act on complaints of sexual harassment when they receive them directly or through administrative authorities etc, or when they take cognizance of the same suo-moto. As per Section 9(1) of the Act, the aggrieved woman or complainant is required to make a complaint within three months of the incident and in case there has been a series of incidents, three months of the last incident. The Complaints Committee may however extend the time limit for reasons to be recorded in writing, if it is satisfied that the circumstances were such which prevented the complainant from filing a complaint within the stipulated period.

8. As mentioned above, the complaints of sexual harassment are required to be handled by Complaints Committee. On receipt of a complaint, facts of the allegation are required to be verified. This is called preliminary enquiry/fact finding enquiry or investigation. The Complaints Committee conducts the investigation. They may then try to ascertain the truth of the allegations by collecting the documentary evidence as well as recording statements of any possible witnesses including the complainant. If it becomes necessary to issue a Charge Sheet, disciplinary authority relies on the investigation for drafting the imputations, as well as for evidence by which the charges are to be proved. Therefore this is a very important part of the investigation.

Dual Role
9. in the light of the Proviso to the Rule 14 (2) mentioned above, the Complaints Committee would normally be involved at two stages. The first stage is investigation already discussed in the preceding para. The second stage is when they act as Inquiring Authority. It is necessary that the two roles are clearly understood and the inquiry is conducted as far as practicable as per Rule 14 of CCS (CCA) Rules, 1965. Failure to observe the procedure may result in the inquiry getting vitiated

10. As the Complaints Committees also act as Inquiring Authority in terms of Rule 14(2) mentioned above, care has to be taken that at the investigation stage that impartiality is maintained. Any failure on this account may invite allegations of bias when conducting the inquiry and may result in the inquiry getting vitiated. As per the instructions, when allegations of bias are received against an Inquiring Authority, such Inquiring Authority is required to stay the inquiry till the Disciplinary Authority takes a decision on the allegations of bias. Further, if allegations of bias are established against one member of the Committee on this basis, that Committee may not be allowed to conduct the inquiry.

11. In view of the above, the Complaints Committee when investigating the allegations should make recommendations on whether there is a prima facie substance in the allegations which calls for conducting a formal inquiry. They should avoid making any judgmental recommendations or expressing views which may be construed to have prejudiced their views while conducting such inquiry.

Decision to issue Charge sheet, and conducting Inquiry
12. On receipt of the Investigation Report, the Disciplinary Authority should examine the report with a view to see as to whether a formal Charge Sheet needs to be issued to the Charged Officer. As per Rule 14(3), Charge Sheet is to be drawn by or on behalf of the Disciplinary Authority. In case the Disciplinary Authority decides on that course, the Charged Officer should be given an opportunity of replying to the Charge sheet. As per Rule 14(5), a decision on conducting the inquiry has to be taken after consideration of the reply of the charged officer.

13. If the Charged Officer admits the charges clearly and unconditionally, there will be no need for a formal inquiry against him and further action may be taken as per Rule 15 of the CCS (CCA) Rules.

The Inquiry-stages
14. In case the Charged Officer denies the charges and his reply is not convincing, the Charge sheet along with his reply may be sent to the Complaints Committee for formal inquiry, and documents mentioned in Rule l4 (6) will be forwarded to the Complaints Committee. As per Section 1 1(3) of the Act, for the purpose of making an inquiry, the Complaints Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.

The Section 11(4) of the Act requires that the inquiry shall be completed within a period of ninety days.

15. The Disciplinary Authority shall also in terms of Rule 14(5) (0) appoint a Government servant as a Presenting Officer to present evidence on behalf of prosecution before the Complaints Committee/ Inquiring Authority. The listed documents are to be sent to the Presenting Officer. The Complaints Committee would, thereafter, summon the Presenting Officer and the Charged Officer. As a first step, the charged officer would be formally asked as to whether he admits the charges. As mentioned above, in case of any clear and unconditional admission of any Article of Charge, no inquiry would be held in respect of that Article and the admission of the Charged Officer would be taken on record. The inquiry would be held, thereafter, in respect of those charges which have not been admitted by the Charged Officer. The Charged Officer is also entitled to engage a Defence Assistant. The provisions relating to Defence Assistant are given in Rule 14(8).

16. The Inquiring Authority is, thereafter, required to ask the Presenting Officer to have the prosecution documents, listed in the Charge Sheet inspected by the Charged Officer. Copies of such documents, if not only given to the Charged Officer, would be handed over to him. The Charged Officer would, therefore, be required to submit a list of documents and witnesses which he wants to produce in support of his defense. The Inquiring Authority would consider allowing such documents or witnesses on the basis of their relevance. Normally, any document or witness which reasonably appears to be relevant and helpful in defense may be allowed. Once the documents have been allowed, the Inquiring Authority would send a requisition for these documents to the custodian of such documents.

I7. When the regular hearing commences, the Inquiring Authority would ask the Presenting Officer to produce the documentary evidence. Such documents as are disputed by the Charged Officer have to be proved by the witnesses before they are taken on record. The undisputed documents would be taken on record and marked as exhibits.

Examination of Witnesses
18. Summons would. thereafter, be sent to the witnesses listed in the Charge sheet. The Presenting Officer may choose to produce them in any order he finds appropriate. These witnesses would be examined in the inquiry in the following manner. The examination in chief would be done by the Presenting Officer where the Presenting Officer may ask questions of the witness to ascertain the facts. The witness would, thereafter, be cross-examined by the Defense. After the cross-examination, the Presenting Officer would be given an opportunity to re-examine the witness. In the examination in chief, leading questions are not allowed. These are however allowed in the cross examination.

19. The procedure of Inquiry requires Opportunity to the Charged Officer to cross-examine all the witnesses that appear on behalf of the Prosecution. Failure to do so may be construed as a denial of reasonable opportunity to the charged officer, resulting in vitiation of the Inquiry. If the complainant appears as a witness, she would also be examined and cross-examined. The Inquiry Officer may however disallow any questions which are offensive, indecent or annoying to the witnesses, including the complainant.

20. If Inquiring Authority wishes to ascertain some facts for clarity, he may pose questions to the witnesses. This should however, be done in such a manner as to not show any bias for or against the Charged Officer. This has to be done in the presence of the Presenting Officer and the Charged Officer/Defence Assistant. No inquiry should be conducted behind the back of the charged officer. The witnesses will be examined one by one, and the other witness who are either yet to be examined, or have been examined are not allowed to be present during the examination of a witness.

Daily Order Sheet
21. The Inquiring Authority would also maintain a document called Daily Order Sheet in which all the main events of the inquiry and including requests/representations by the Charged Officer or the Presenting Officer, and decisions thereon would be recorded. For example (i) if the Charged Officer refuses to cross-examine the witnesses, this should be recorded in the Daily Order Sheet (ii) the Daily Order Sheet should record that the Charged Officer had been advised that he has the right to engage a Defense Assistant (iii) it should also be clearly mentioned that the Charged Officer was aIso informed as to who are eIigible to assist him as Defense Assistant. (iv) the Daily Order Sheet should also record in case request of the Charged Officer for engaging a particular person as Defense Assistant is disallowed in the light of the existing instructions. Daily Order Sheet should be signed by the Inquiring Authority, Presenting Officer and the Charged Officer/Defence Assistant.

Defence Evidence
22. After the prosecution evidence is over, the Charged Officer is required to submit his statement of defense. In this statement, the Charged Officer is required to briefly indicate his line of defense. After this. the Defense evidence will be taken. The evidence will be produced in the same order as the prosecution evidence. First, the documents allowed by the Inquiry Authority would be taken on record and then the witnesses called and their examination, cross-examination and re-examination done. The onIy difference here would be that the Examination in Chief would be done by defense while the cross-examination would be done by the prosecution. The defense would then have the Opportunity of re-examining the witness.

General Examination of the Charged Officer
23. After the Defense evidence is over, the Inquiring Authority shall ask Charged Officer as to whether he wishes to appear as his own witness. In case he does so, he will be examined like any other defense witness. In case however, he declines to do so, the Inquiring Authority is required to generally question him. At this stage due care is required to be exercised that as per Rule I408) the purpose of this stage is to apprise Charged Officer of the circumstances which appear to be against him. This is to enable the Charged Officer to explain them to the Inquiring Authority. Presenting Officer and the Defence Assistant do not take any part in the General Examination. Charged Officer may not be compelled to answer questions during examination by the Inquiring Authority.

Brief
24. After this, the Presenting Officer would be asked to submit his brief. A copy of this brief would be given to the Charged Officer. Both the Presenting Officer and the Charged Officer may be allowed reasonable time for submission of their brief.

25. The Inquiring Authority then writes the Inquiry Report in which the evidence in support of the charges and against them will be examined. The Report should be a speaking one clearly bringing out as to the evidence on the basis of which any particular conclusion has been reached. Based on this analysis, the Inquiring Authority will give its findings on the Articles as proved or not proved. In case any Article of charge is proved only partially, then the Inquiring Authority should record the extent to which that Article has been proved.

Powers of the Committee to make recommendations
26. Normally, the Inquiry Officer is not allowed to make any recommendations in his report. Here the function of the Complaints Committee acting as the Inquiring Authority differs. The Complaints Committee may however, make recommendations including what has been mentioned in para 2 above:
(c) to grant such other relief to the aggrieved woman as may be prescribed; or

(d)to deduct from the salary or wages of the charged officer such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs.

Any amount outstanding at the time of cessation of the services of the charged officer due to retirement, death or otherwise may be recovered from the terminal benefits payable to the officer or his heirs.

Such compensation will not amount to penalty under Rule 11 of CCS (CCA) Rules in terms of the Explanation (ix) to Rule 11 inserted vide Notification of even Number dated 19-11-2014.

Committee may recommend action to be taken against complainant, if the allegation is malicious, or the complainant knows it to be false, or has produced any forged or misleading document.

The Committee may also recommend action against any witness if such witness has given false evidence or produced any forged or misleading document.


27. The Complaints Committee should also remember that as per the Section 16 of the Act, notwithstanding the RTI Act, 2005, information as regards identity and addresses of the aggrieved woman, respondent and witnesses, Inquiry proceedings, Recommendations of the Committee, shall not be published or communicated or made known to public, press or media in any manner. Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification ofthe aggrieved woman and witnesses.

28. With the above stage, the inquiry would be formally over. The Inquiring Authority should prepare separate folders containing the documents mentioned in Rule l4(23(ii).

Suspension
29. A Government servant may also be placed under suspension before or after issue of a Charge Sheet where his continuance in office will prejudice the investigation, for example if there is an apprehension that he may tamper with witnesses or documents. Suspension may also be resorted to where continuance of the Government servant in office will be against wider public interest such as there is a public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals. It may be desirable to resort to suspension in case of misdemeanor involving acts of moral turpitude.

Special provisions to deal with threats or intimidation
30. Disciplinary Authority may also diSpense with inquiry under Rule l9(ii), and action may be taken without the inquiry when the Disciplinary Authority concludes that it is not reasonably practicable to hold such an inquiry. The circumstances leading to such a conclusion may exist either before the inquiry is commenced or may develop in the course of the inquiry. Such situation would be deemed to have arisen:

(i) where the Government servant, through or together with his associates terrorizes, threatens or intimidates witnesses who are likely to give evidence against him with fear of reprisal in order to prevent them from doing so; or

iii) where the Government servant himself or with or through others threatens, intimidates and terrorizes the Disciplinary Authority, Members of the Committee, the Presenting Officer or members of their family.

Disciplinary Authority is not expected to dispense with the inquiry lightly, arbitrarily or with ulterior motive or merely because the case against the Government servant is weak.

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_2_2014-Estt.A-III-16072015.pdf

By Blog Gadgets

Choose Your Subject

2013 WALLPAPERS 7th Pay Commission AADHAR ACCOUNTS AIPEU AIR INDIA AIRF AIRTRAVEL ALLOWANCES AMAGING AMAZING ANNA HAZARE ANOMALY ANTI CORRUPTION MOVEMENT AUTISM BABIES BANKING BIRDS WALLPAPERS BLOGGING BONUS BSNL BUDGET Cadre Restructure Calenders CANCER CASUAL LABOURS CAT CAT Orders CBSE CCL CCS CCS PENSION CCS(JT) Rules 1979 CGHS CHARTS CHILD CARE Child Care Allowance CHILDREN EDUCATION ALLOWANCE CHINA CIRCULARS Compassionate Appointment CONSUMER NEWS Conveyance Allowance Court Orders CPWD CREATIVITY CRICKET. SPORTS WALLPAPERS CSD CSS CVC Cycle Maintenance Allowance DA DA MERGER DEFENCE DEFENSE DIGITAL INDIA DIGITAL LIFE CERTIFICATE DISABLED DOPT DOWNLOAD DPE DRDO eCards ECHS EDUCATION eMO EMPLOYEES NEWS EMPLOYMENT NEWS ENTERTAINMENT EPFO ESTATES EX SERVICEMEN EXAMINATIONS FACEBOOK FAQs FDI FESTIVALS FIGHT FOR JUSTICE FINANCE BILL 2013 FINMIN FLOWERS FORMs FUNNY PICTURES g GADGETS Ganesha Wallpapers GDS GENERAL KNOWLEDGE GENERAL KNOWLEDGE - CURRENT AFFAIRS GOD WALLPAPERS GPF GREETINGS Group B HBA HEALTH HIGH DEFINITION WALLPAPER HOLIDAYS Hostel Subsidy Allowance HRA IAS IBA IDA INCOME TAX INCREMENT INDEPENDENCE DAY INDEX NUMBERS INDIA INSURANCE INVESTMENT IP/ASP IPO Exam ISLAM JOINING TIME KIDS KVS LATEST POSTAL NEWS Latest Releases from PIB LEAVE LOKAYUKTA LOVE LTC MACPS MAKE IN INDIA MEDICAL Meghdoot Millennium MHA MOBILE BANKING MOBILE WALLPAPERS MOF MOTHER MY CORNER NATURE WALLPAPERS NEGATIVE LIST NEWS NPS One Rank One Pension ORDERS ORDINANCE PARLIAMENT NEWS PENSION People you must know PERSMIN PERSONALITY DEVELOPMENT PERSONOLITY DEVELOPMENT PFRDA POLITICS POSTAL TECHNOLOGY Postings PPF Promotions QUESTION PAPERS QUOTES RAILWAY NEWS RAJYASABHA NEWS RBI RECRUITMENT REIMBURSEMENT RELIGION REPUBLIC DAY RESERVATION RESULTS Retirement Age RTI SANATANA DHARMA Sanchaya Post SAPOST SBCO SC SCIENCE SCOVA SECULAR SEXUAL HARASSMENT SKIN CARE SLEEP SMS SMS-GOODNIGHT SPEEDNET ST Study Material TATKAL TEACHERS TECHNOLOGY TECHNOLOGY TIPS TERRORISM TRANSFER TRAVEL Travelling Allowance Troubleshooting Problems in Postal Applications UNION NEWS UPSC VIDEOS Virus Wallpapers Washing Allowance WILD PHOTOGRAPHY WOMAN ಕನ್ನಡಿಗ

Popular Posts of the Month

All Time Popular Posts

 
Blogger Wordpress Gadgets