Instructions regarding timely issue of Charge-sheet -DOPT
F. No. 11012/17/2013-Fstt.(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
North Block, New Delhi — 110001
Dated July 3rd 2015
OFFICE MEMORANDUM
Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Instructions regarding timely issue of Charge-sheet regarding.
The undersigned is directed to refer to DoP&T O.M. of even no. dated 2nd January, 2014 regarding consolidated instructions on suspension and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No. 1912 of 2015 dated 16/02/2015 the Apex Court has directed as follows:
We, therefore, direct that the currency of Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/ Chargesheet is not served on the delinquent officer/ employee;
2. It is noted that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like Central Bureau of Investigation etc. In the aforesaid judgement the Hon’ble Supreme Court has superseded the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance.
3. In this connection, attention is invited to this Department G.M. No. 35014/1/81- Estt.A dated 9.11.1982 which contained the guidelines for timely issue of charge-sheet to Charged officer and to say that these instructions lay down, inter-alia, that where a Government servant is placed under suspension on the ground of “Contemplated” disciplinary proceedings, the existing instructions provide that every effort would be made to finalise the charges, against the Government servant within three months of the date of suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time. The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may be in a position to effectively exercise the right of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension arc communicated.
4. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.
(Mukesh Chaturvedi)
Director (E)
Source: http://ccis.nic.in/  | |
Showing posts with label CCS. Show all posts
Showing posts with label CCS. Show all posts
Tuesday, July 7, 2015
Instructions regarding timely issue of Charge-sheet -DOPT
Tuesday, August 12, 2014
All India Services (Conduct) Rules, 1968 Amended
All India Services (Conduct) Rules, 1968 Amended
The Government of India has amended All India Services (Conduct) Rules,1968, in rule 3(1) after sub-rule (1) by inserting sub-rule (1A) and rule 3(2) after sub-rule (2A) by inserting sub-rule (2B) and these rules are called the All India Services (Conduct) Amendment Rules, 2014.
Under sub-rule (1A), every member of the Service shall maintain:-
(i) High ethical standards, integrity and honesty;
(ii) Political neutrality;
(iii) Promoting of the principles of merit, fairness and impartiality in the discharge of duties;
(iv) Accountability and transparency;
(v) Responsiveness to the public, particularly to the weaker section;
(vi) Courtesy and good behaviour with the public.
Under sub-rule (2B), every member of the Service shall:-
(i) Commit himself to and uphold the supremacy of the Constitution and democratic values;
(ii) Defend and uphold the sovereignty and integrity of India, the security of State, public order, decency and morality;
(iii) Maintain integrity in public service;
(iv) Take decisions solely in public interest and use or cause to use public resources efficiently, effectively and economically;
(v) Declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest;
(vi) Not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties;
(vii) Not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends;
(viii) Make choices, take decisions and make recommendations on merit alone;
(ix) Act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society;
(x) Refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices;
(xi) Maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him;
(xii) Be liable to maintain confidentiality in the performance of his official duties as required by any laws for the time being in force, particularly with regard to information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of State, strategic, scientific or economic interests of the State, friendly relation with foreign countries or lead to incitement of an offence or illegal or unlawful gains to any person;
(xiii) Perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.
Source:pib  | |
Wednesday, April 3, 2013
Definition of Government Servant
Definition of Government Servant
Definition of Government servant and who are included in it..?
Some questions related to the above topic has been raised in the Rajya Sabha by the Hon'ble Member Shrimati Gundu Sudharani on 14th March, 2013. The concerned Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Shri V. Narayanasamy has submitted the answer in a written form as follows...
"As per Rule 2(h) of CCS (CCA) Rules ‘Government servant’ means a person who-
(i) is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;
(ii) is a member of a Service or holds a civil post under a State Government and whose services are temporarily placed at the disposal of the Central Government;
(iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government".
The service conditions of the employees of statutory and constitutional bodies are regulated by the statute under which they are created.
As per the “Compendium of Welfare Programmes/Instructions of facilities”, the Central Government Employees and the employee of Delhi Administration, shall qualify for regular membership of Central Government Employees Welfare Association in receipt of the grant-in-aid from the Department of Personnel & Training. The Membership shall not be open to the employees of the private shops/companies, Bank, Autonomous Bodies, Public Sector Undertakings, New Delhi Municipal Committee, Municipal Corporation of Delhi and Bodies created by or under any specific Act of Parliament.
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Saturday, February 9, 2013
CCS (JOINING TIME) RULES
CCS (JOINING TIME) RULES
In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:—
1. Preliminary
(1) These rules may be called the Central Civil Services (Joining Time) Rules, 1979.
(2) They shall come into force on the date of issue of this Notification and shall apply to transfers effected on/or after that date.
(3) These rules shall apply to all Government servants appointed in Civil Services and posts under the Central Government including work-charged staff but shall not apply to -
2.(1) When a Government servant to whom these rules apply is transferred to the control of another Government or organization, which has made separate rules prescribing amount of joining time, his Joining Time for the journey o join his post under that Government /organization and for the return journey, will be governed by those rules, unless different provisions are expressly made in the terms of deputation/foreign service by mutual agreement between the lending and borrowing authorities.
(2) The Joining Time of railway employees, Armed Forces Personnel and those paid from Defence Services Estimates and the employees of State Government or any other organization who are appointed to Civil Services and posts under the Central Government on deputation or on foreign service basis, shall, for joining the Civil Services and posts under the Central Government and for the return journeys, be regulated in accordance with these rules, unless different provisions are expressly made in their respective terms, of deputation/foreign service, by mutual agreement between the lending and borrowing authorities.
3. Definitions
Unless there is Something repugnant in the subject or context, the terms defined in these rules are used in these rules in the sense hereinafter explained:-
(a) “Department of Government of India” means a Ministiy or Department of the Central Government as notified from time to time and any other authority which exercises the powers of a Department/Ministry of the Government of India.
[ In respect of the persons serving in the Indian Audit and Accounts Department, the Comptroller and Auditor-General of India shall exercise the same powers as the Ministries/Departments of Government of India, under these rules. ]
(b) “Head of Department” means the authority declared as such under the Delegation of Financial Powers Rules, 1978. In the case of the Indian Audit and Accounts Department, Head of Department means the authority declared as such by the Comptroller and Auditor-General of India.
(c) “Joining Time” means time allowed to a Government servant in which to join a new post or to travel to a Station to which he is posted.
(d) “Transfer” means the movement of a Government servant from one post to another either within the same Station or to another station to take up duties of a new post or in consequences of change of his headquarters.
4. Joining Time
(1) Joining time shall be granted to a Government servant on transfer in public interest to enable him to join the new post either at the same or a new station. No joining time is admissible in cases of temporary transfer for a period not exceeding 180 days. Only the actual transit time, as admissible in case of journeys on tour, may be allowed.
(2) The surplus staff transferred from one post to another under the Scheme Regulating Redeployment of Surplus Staff shall be eligible for joining time.
(3) Government servants who are discharged due to reduction of establishment from one Central Government office and reappointed to another Central Government office shall be entitled to joining time, if the orders of appointment to the new post are received by them while working in the old post. If they are appointed to the new post after being discharged from the old post, the period of break may be converted into joining time without pay by the Head of Department, provided that the break does not exceed 30 days and the Government servant has rendered not less than 3 years continuous service on the date of his discharge.
(4) For appointment to posts under the Central Government on the results of a competitive examination and/or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time under these rules. But temporary employees of the Central Government who have not completed 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay.
5. (1) The joining time shall commence from the date of relinquishment of charge of the old post if the charge is made over in the forenoon or the following date if the charge is made over in the afternoon.
(2) The joining time shall be calculated from old headquarters in all cases including where a Government servant receives his transfer orders or makes over charge of the old post in a place other than his old headquarters, or where the headquarters of a Government servant while on tour is changed to the tour station itself or where his temporary transfer is converted into permanent transfer.
(3) Not more than one day’s joining time shall be allowed to a Government Servant to join a new post within the same station or which does not involve a change of residence from one station to another. For this purpose, the term ‘same station’ will be interpreted to mean the area falling within the jurisdiction of the municipality or corporation including such of suburban municipalities. notified areas or cantonments as are contiguous to the named municipality. etc.
(4) In cases involving transfer from one Station to another and also involving change of residence, the Government servant shall be allowed joining time with reference to the distance between the old headquarters and the new headquarters by direct route and ordinary mode(s) of travel as indicated in the following schedule. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s).
NOTE.— Distance means actual distance and not weighted mileage for which fare is charged by the Railways in certain ghat/hill sections.
(5) Extension of joining time beyond the limits indicated in Rule 5 (4) can be granted up to the maximum limit of 30 days by the Head of Department and beyond 30 days by the Department of the Government of India, the guiding principle being that the total period of joining time should be approximately equal to 8 days for preparation plus reasonable transit time plus holidays, if any, following the extended joining time. While computing the transit time, allowance could be made for the time unavoidably spent due to disruption of transport arrangements caused by strike or natural calamities, or the period spent awaiting the departure of the steamer.
6. (1) When a Government servant joins a new post without availing full joining time by reasons that:-
(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or
(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family;
the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave:
Provided that the earned leave at his credit together with the unavailed joining time allowed to be so credited shall not exceed 240 days.
(2) Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.
(3) If a Government servant in transit on transfer is directed to proceed to a place different from that indicated in the initial transfer orders, he shall be entitled to joining time already availed of up to the date of receipt of revised orders plus fresh spell of full joining time from the date following the date of receipt of the revised orders. The fresh spell of joining time in such cases shall be calculated from the place, at which he received the revised orders as if he is transférred from that place.
7. Joining Time pay
A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.
8. Miscellaneous
Where any Ministry / Department of Government of India is satisfied that the operation of any of these rules causes undue hardship to any particular case, that Ministry or Department of the Government of India may by order, for reasons to be recorded in writing, dispense with or relax the requirement of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that no such order shall be made except with the concurrence of the Ministry of Home Affairs, Department of Personnel and Administrative Reforms.
9. If any doubt arises as to the interpretation of these rules, it shall be referred to the Government of India, Ministry of Home Affairs, Department of Personnel and Administrative Reforms.
10. All rules and instructions on the subject of joining time in force immediately before commencement of these rules and applicable to Government servants to whom these rules apply, are hereby repealed.
GOVERNMENT OF INDIA’S ORDERS
(1) Transit Time /Joining Time to cover journey from / to a remote locality while proceeding on/or returning from leave.— With the promulgation of the Central Civil Services (Joining Time) Rules, 1979, certain provisions of FRs and SRs and Government Orders thereunder relating to transit time / joining time admissible to Government servants to cover journeys from to a remote locality while proceeding on/or returning from leave or on transfer became inoperative. As regards joining time to remote localities on transfer, no difficulty was anticipated because Heads of Departments could allow joining time under Rule 5 (5) of the CCS (Joining Time) Rules, 1979. As regards joining time to remote localities during leave, it was proposed to make suitable provisions in the Central Civil Services (Leave) Rules. Pending amendment to the Leave Rules, some administrative instructions were issued vide this Department’s Office Memorandum No. 21011/12/79-Allowances, dated the 16th November, 1979 and No. 19011/30/81-Allowances, dated the 13th October, 1981 (not printed). Since revision of the Leave Rules has not been finalized, the following administrative instructions are issued in supersession of those Office Memorandums to cover cases of journey to/from remote localities while on leave:-
(i) A Government servant proceeding on leave from/to a place in the remote locality mentioned in Column 1 of the Annexure to this OM or returning from leave to/from the said place shall be entitled, once in a calendar year, to transit time each way to cover the period spent in journey between the said remote locality and the specified station at the scale prescribed in Column 3 of
that Annexure.
(ii) The concession is also admissible, while on leave, to a Government servant
(a) who is domiciled in any part of India other than the remote locality concerned and has been specifically recruited from outside for service in remote locality, and
(b) who, though not specially recruited outside the Union Territory of the Andaman and Nicobar Islands or the Union Territory of the Lakshadweep, as the case may be, for service in the respective Union Territory, is domiciled in any part of India other than the Union Territory concerned.
(iii) A Government servant domiciled in the Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and proceeding on leave to his home town in another Island of the Union Territory concerned, shall be entitled, once in a calendar year, to transit time to cover the period spent in journey by sea to the island in which his home town is located and vice versa while returning from leave. The transit time thus admissible shall be the actual number of days taken in the journey by sea subject to a maximum of seven days for each journey.
(iv) Where the outward journey falls in one calendar year and the return journey falls in the succeeding calendar year, the concession shall be counted against the calendar year in which the leave commences. In calculating transit time, holidays falling before or at the end of it shall be excluded while those falling during transit time shall be included.
(v) A Government servant domiciled in the Union Territory of Andaman and Nicobar islands or the Union Territory of Lakshadweep and recruited for service in the respective territory, when posted for service on mainland in public interest shall be entitled joining time, once a year, while proceeding to and returning from the Union Territories of Andaman & Nicobar islands and Lakshadweep on leave.
(vi) A Government servant, domiciled in any part of India other than Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and recruited whether within or outside that Union Territory for service there, while proceeding on leave from his post in one island in that Union Territory to his home town on the mainland to join his post in another island in that Union Territory shall be entitled to joining time on the same scale as provided in Para. I (i) above.
2. When a Central Government servant posted in the remote areas spends his leave Outside the Union Territory, the journey time from the place in the remote area to the Specified Station indicated in the Annexure and vice versa will be treated as free joining time if admissible under this Office Memorandum and in addition, the remaining journey time if any, in excess of 2 days could be allowed as free joining time under the provisions of Finance Ministry O.M. No. 20014/3/83.E IV, dated the 14th December, 1983. (See Appendix- 9)
Source – DOPT
ORIGINAL COPY -http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/CCS-01082012.pdf
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Thursday, December 13, 2012
Definition of term Stiff / Severe Minor Penalty
Definition of term Stiff / Severe Minor Penalty
GOVERNMENT OF INDIA / BHARAT SARKAR
MINISTRY OF RAILWAYS / RAIL MANTRALAYA (RAILWAY BOARD) No. 2010/VI/DAR/1/1
New Delhi, dated 7.12.2012
The General Managers, All Zonal Railways, PUs, CORE & METRO, NF (Construction) The Directors IRIEEN, IRIMEE, IRICEN, IRISET, IRITM The DGs/RDSO & RSC The CAO/DLMW, COFMOW The Managing Directors/ All PSUs Sub: Definition of term Stiff / Severe Minor Penalty Ref : Board’s letter of even number dated 26.4.10.
In pursuance of Office Order No.99/DSP/1 dated 3.3.2010 received from the Central Vigilance Commission withdrawing the term "stiff / severe minor/major penalty", Board’s letter Nos. 99/VI/DAR/1/10 dated 23.8.99 (interpreting the term stiff/severe major penalty), 99/VI/Meet/4/1 dated 27.8.1999 (clarifying the term stiff/severe minor penalty) and RBV Circular No.15/2004 (defining the term stiff/severe minor penalty) issued under letter No.2003/VI/DAR/1/5 dated 13.7.2004, were treated as withdrawn / cancelled vide Board’s letter of even number dated 26.4.2010.
Inspite of the above, it has been given to understand that in some Zonal Railways, the phrase "stiff major penalty" is still being used for imposing one of the three major penalties i.e., Dismissal, Removal and Compulsory Retirement. It is once again reiterated that the term "stiff minor/major should not be used as these are no longer in use.
sd/-
(Vikas Purwar) Director Vigilance (M) Railway Board Source : NFIR |
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Tuesday, July 3, 2012
Relaxation under CCS Rules to visit North Eastern States and J&K in lieu of one LTC(Home Town)
Relaxation under CCS Rules to visit North Eastern States and J&K in lieu of one LTC(Home Town) No.11022/2/2008-AIS-II Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training North Block, New Delhi-110001 Dated the 29th June, 2012 OFFICE MEMORANDUM Subject: AIS(LTC) Rules, 1975 — application of relaxation under CCS Rules to visit North Eastern States and J&K in lieu of one LTC(Home Town) - reg. Sir, I am directed to enclose herewith copies of the instructions contained in this Department’s O.M. No.31011/4/2007-Estt(A), dated 30th April. 2012 and O.M.No.31011/2/2003-Estt.A-IV dated 15th June, 2012 regarding extension of relaxation to visit North Eastern States and J&K for a further period of two years and to say that the said instructions may also be invoked in respect of All India Services officers in respective State cadres under the provisions contained in rule 3 of All India Services (Leave Travel Concession) Rules, 1975. Yours faithfully, sd/- (Deepti Umashankar) Director(Services) Source: www.persmin.nic.in [http://circulars.nic.in/ Share and Care For Latest Updates Always visit http://satish24k.blogspot.in For Beautiful Wallpapers Always visit http://24ksatish.blogspot.in |
Thursday, June 7, 2012
GROUP B HELD ON 03.06.2012 ( Q NO 1-25 )
GROUP B HELD ON 03.06.2012 ( Q NO 1-25 ) 1 . Which of the following action is not misconduct under CCS (Conduct) Rules 1964 Ans : Attendance as witness in a departmental enquiry 2 The strike includes the following actions of government servants Ans : All the above 3 Which of the following activities does not attract violation of CCS (Conduct) Rules 1964 Ans : Collection of funds for service association 4 Which of the following should not be accepted by any government servant Ans : Negotiation for any other employment 5 Whether a government servant can enter into marriage with prior permission Ans: with a person having a spouse living and the personal law applicable permit 6 The appellate authority under CCS(CCA) rules 1965 can Ans : All the above three actions 7 Under CCS(CCA) rules 1965 . the power of review is vested in Ans: President 8 The disciplinary authority can withhold any appeal in case Ans: The appeal may not be withheld in any case 9 Central civil services (Conduct) Rules 1964 came into force with effect from Ans : 30the November 1964 10 A Government servant holding Group A post may accept gift from near personal friends on occasions such as weddings anniversaries or religious functions Ans : Up to Rupees Seven Thousand Only 11 Which of the following penalties is not treated as major penalties under CCS (CCA) rules 1965 Ans: Recovery from the Pay 12 Which is not penalty within the CCS(CCA) rules 1965 Ans : Non Promotion of a government servant in officiating capacity 13 Which of the following event is not fit for treating as Dies Non; Ans : Late coming to office 14 The disciplinary authority can appoint presenting officer to present the case on its behalf before the enquiry authority Ans : Any other Government servant 15 Which of the following cases is not fit for imposition of major penalty under CCS(CCA) rules 1965 against a government servant Ans : Refusal of promotion 16 Ex –parte enquiry may be conducted in the following cases Answer : The official fails to reply to official communications of the disciplinary authority 17 Central Civil services (Classification, Control and appeal) Rules 196 came into force on Ans : 1st December 1965 18 An order of suspension made or deemed to have been made unless it is extended after review shall be valid for a period Ans : 90 Days 19 A government servant shall be deemed to have been placed under suspension by an order of the appointing authority with effect from the date of his detention , if he is detained in custody , whether on a criminal charge or otherwise for a period exceeding Ans: Forty Eight Hours 20 An order of suspension made or deemed to have been made under Rule 10 of CS (CCA) Rules , 196 shall be reviewed before the expiry of ninety days by the review committee shall not extend the suspension for a period exceeding Ans : 180 Days 21 In terms of Rule 14 (8) (b) of the CCS (CCA) rules 1965 the government servant concerned may take assistance of a retired government servant subject to the condition that the condition that the retired government servant should not act as defence assistance in more than Ans : Seven Cases 22 An order of dismissal from service under CCS(CCA) rules 1965 can be given effect from the date of Ans : Issue of the dismissal order 23 Orders against which an appeal lies under CCS(CCA) rules 1965 Ans : Both the statements under (A) & (B) above are not correct 24 The records of disciplinary proceedings and appellate Ans : 10 years 25 The following records /documents should be sent to the appellate authority , by the disciplinary authority while forwarding the appeal against a punishment order Ans : Para wise comments on appeal Source : http//nfpemavelikaradivision.blogspot.com Share and Care For Latest Updates Always visit http://satish24k.blogspot.in For Beautiful Wallpapers Always visit http://24ksatish.blogspot.in |
Wednesday, June 6, 2012
Charge sheet can’t be quashed in a casual manner: SC
Charge sheet can’t be quashed in a casual manner: SC A charge sheet filed in departmental proceeding cannot be quashed by courts unless it adversely affects the rights of the aggrieved employee, the Supreme Court has held. “In fact, charge sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action. “Thus, a charge sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the court,” said a bench of justices B S Chauhan and Dipak Misra, in an order. The bench passed the order while disposing of an appeal by the Ministry of Defence challenging a Central Administrative Tribunal (CAT) order quashing the charge sheet against one Prabhash Chandra Mirdha in a two-decade old bribery case. “Law does not permit quashing of charge sheet in a routine manner. In case the delinquent employee has any grievance in respect of the charge sheet, he must raise the issue by filing a representation and wait for the decision of the disciplinary authority thereon. “In case the charge sheet is challenged before a court/ tribunal on the ground of delay in initiation of disciplinary proceedings or delay in concluding the proceedings, the court/ tribunal may quash the charge sheet after considering the gravity of the charge and all relevant factors involved in the case after weighing all the facts, both for and against the delinquent employee, and must reach the conclusion which is just and proper in the circumstance,” the bench said. The bench said charge sheet cannot generally be a subject matter of challenge as it does not adversely affect the rights of the delinquent unless it is established that the same has been issued by an authority not competent to initiate the disciplinary proceedings. Share and Care For Latest Updates Always visit http://satish24k.blogspot.in For Beautiful Wallpapers Always visit http://24ksatish.blogspot.in |
Monday, May 21, 2012
Departmental proceedings against Government servants - Procedure for consultation with the Union Public Service Commission (UPSC)
Departmental proceedings against Government servants - Procedure for consultation with the Union Public Service Commission (UPSC) No. 39034/07/2012-Estt (B) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) North Block, New Delhi, 15th May 2012 OFFICE MEMORANDUM Subject: - Departmental proceedings against Government servants - Procedure for consultation with the Union Public Service Commission (UPSC). The undersigned is directed to make a reference to this Department’s O.M. No. 39021/4/81-Estt (B) dated 29th May, 1982 and 0M. No.39034/1/2009-Estt (B) dated 12th January, 2010 which inter-alia provide that the Disciplinary Authority should not express any opinion regarding the penalty to be imposed on the officer while forwarding a disciplinary case for consultation with the Union Public Service Commission UPSC has brought to the notice of this Department that in many cases the Disciplinary Authorities (DAs) while referring the disciplinary case to the Commission for advice proposed the quantum of penalty. Such recommendation by Disciplinary Authorities at this stage recommending a penalty by Disciplinary authority is not in keeping with the proviso(s) to Rulel 15 (3) & 15 (4) of CCS (CCA) Rules, 1965. The consultation prescribed by the Constitutional provision is to afford proper assistance to the Government in assessing the guilt or otherwise of delinquent officer as well as the suitability of penalty to be imposed. 2. As per Rule 14 (23) (i) of the CCS (CCA) Rules, 1965, the inquiry officer is to prepare an inquiry report which should inter-aha contain an assessment of the evidence in respect of each article of charge as well as findings on each article of charge and reasons there for. It has, however, been observed that in a number of cases, no clear finding is given separately on each of the articles of charge in the inquiry report. Instead, the lOs tend to record findings in the form of a running narrative where all the articles of charge are clubbed together, which is not correct. Submission of a comprehensive and cogent report and assessing each article of charge separately by the I.O. is essential to evaluate the gravity of each article of charge. 3. The UPSC has also observed that in a number of cases there has been considered delay on the part of the disciplinary authorities in seeking the IS advice of the Commission, resulting in undue delay causing hardship to the charged officer. It may also be noted that there have been instances where the Hon’ble CAT/Courts have struck down entire disciplinary proceedings simply on the ground of delay. 4. It is reiterated to all Ministries and Departments that they should ensure that the instructions in the above OM dated 29th May, 1982 and 12th January, 2010 are followed by the Disciplinary Authorities while referring the disciplinary cases to the UPSC for advice and they adhere strictly to provisions of the Pules 14 and 15 of CCS (CCA) Rules, 1965 or other applicable Discipline and Appeal Rules. sd/- (P.Prabhakaran) Director Source : www.persmin.nic.in [http://circulars.nic.in/ Share and Care For Latest Updates Always visit http://satish24k.blogspot.in For Beautiful Wallpapers Always visit http://24ksatish.blogspot.in |
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