In the Government Order sixth read above, it has been ordered that all the Tamil Nadu Government Pensioners (both State Civil and Teacher Pensioners) shall be granted Festival Advance of Rs.2,000 (Rupees two thousand only).
2. During the Budget session for the year 2019-2020, the Hon’ble Deputy Chief Minister made the following announcement:-
தற்போதுள்ள நடைமுறைகளுக்கு உட்பட்டு ஒய்வூதியதாரர்களுக்கு வழங்கப்படும் பண்டிகைக் கால முன்பணம் 2,000 ரூபாயிலிருந்து உயர்த்தி வழங்கப்படும்
3. The Government after careful consideration and accordingly direct that the Festival Advance payable to all the Tamil Nadu Government Pensioners (both State Civil and Teacher Pensioners) shall be enhanced from Rs.2,000 to Rs.4,000 (Rupees four thousand only).
4. These orders shall take immediate effect and apply to festivals to be celebrated after the date of issue of this order.
5. All other conditions laid down in the Government Order first read above as amended in the Government Order second read above shall remain unchanged.
In the Government Order read above, Government have ordered for enhancement of Festival Advance from Rs.2,000/- to Rs.5,000/- to Government employees, Teachers, Teaching and Non-Teaching Staff of the local bodies, aided educational institutions and the employees who are eligible to draw the Festival Advance, as per rules in force.
2. During the Budget Session for the year 2019-2020, the Hon’ble Deputy Chief Minister, among others, made the following announcement:-
ஒரு அரசுக்கு அச்சாணியாக திகழ்பவர்கள் அரசு ஊழியர்கள் ஆவார்கள், அவர்கள் நலனில் அக்கறை கொண்டது அம்மா அவர்களின் அரசு அந்த அடிப்படையில் அரசு பணியாளர்கள் மற்றும் ஆசிரியர்கள் ஆகியோர்களுக்கு தற்போது வழங்கப்படும் பண்டிகைக்கால முன்பணம் 5,000 ரூபாயிலிருந்து 10,000 ரூபாயாக வழங்கப்படும்
3. The Government after careful consideration, direct that the Festival Advance payable to the Government employees, Teachers, Teaching and Non-Teaching Staff of the local bodies, aided educational institutions and the employees who are eligible to draw the Festival Advance be enhanced from Rs.5,000/- to Rs.10,000/- (Rupees Ten thousand only). There shall be no change in the existing procedure for sanction and recovery of Festival Advance.
4. These orders shall take immediate effect and apply to festivals to be celebrated after the date of issue of this order.
Decision taken in the meeting of the NJCA held on 25.07.2019 in New Delhi
NJCA National Joint Council of Action 4, State Entry Road, New Delhi — 110055
No.NJCA/2019/Meet
Dated: July 27, 2019
To
All Constituents of NJCA
Dear Comrades,
Sub : Decision taken in the meeting of the NJCA held on 25.07.2019 in New Delhi
You all are aware that, a meeting of the NJCA was held in New Delhi on 25.07.2019 under the Chairmanship of Com. M. Raghavaiah.
The Convener of the NJCA, Com. Shiva Gopal Mishra, while welcoming the members, explained about the situation and why meeting has been called.
The following were present in the meeting and also participated in the discussions:-
Comrades M. Raghavaiah, Shiva Gopal Mishra, S.N. Pathak, C. Srikumar, Guman Singh, Ashok Singh, R.N. Parasar, M.S. Raja, Kamal Singh, Mukesh Singh, Giriraj Singh, Virender Sharma and Ajay.
The meeting discussed the following developments which have taken place due to various policy decisions taken by the Government of India
(i) To corporatize Seven Production Units of the Railways,
(ii) To close down Printing Presses under the Railways,
(iii) To corporatize 41 Ordnance Factories under Ministry of Defence,
(iv) Outsourcing and downsizing taking place in Postal and other Central Government Departments.
After discussion, the following decisions were taken unanimously:-
1. To continuously fight anti-labour policies of the government against the Central Government Departments and its employees.
2. On the issue of corporatization of 07 Production Units of the Railways and other steps of the Railway Ministry heading towards privatization; there had been spontaneous, widespread and massive agitations all over the Indian Railways as well as Production Units. In the Production Units; all the employees, belonging to various Federations and Associations, unitedly formed Joint Fronts and vigorously agitated against corporatization of the Railway Production Units, paving the way for privatization. Railway Board, therefore, convened a meeting of the Recognized Federations — AIRF and NFIR with Full Board on 2nd July 2019 which was presided over by the Chairman Railway Board, wherein it was made clear to the Federations that, they (Railway Board) have simply asked M/s RITES to study and submit a report, how to improve financial and functional autonomy of the Production Units. On receipt of the report, they would hold discussions on this issue with both the Federations, and nothing would be done without taking the Organized Labour in confidence. Keeping the above discursions in view, it has been decided to keep the rank and file in all preparedness to meet the challenges in future.
3. The NJCA will extend all solidarity and support to the strike of the employees of the Ordnance Factories in whatever manner possible, both at Delhi and other places.
4. Representation from the NJCA will be submitted to Defence Minister, requesting to withdraw the decision taken by the Government to corporatize Ordnance Factories.
5. The Chairman or Convener of the NJCA will meet Defence Minister shortly and request him to withhold the decision to corporatize the Ordnance Factories, considering past assurances given by the Government to the Federations, and to discuss the entire matter with the Federations, so that, an amicable settlement can be reached.
It has just been informed by the three federations of Defence Civilian Employees, that the employees of Ordnance Factories will hold one month strike from 20.08.2019 to 19.09.2019, in support of their single point demand – “withdraw unilateral decision taken to corporatize the Ordnance Factories in violation of the agreement and assurance given by the Government of India”.
All the Constituent Organizations are requested to extend full support to the employees of the Ordnance Factories in their united struggle to save the Indian Ordnance Factories of the Government of India.
The NJCA, in consultation with the Constituent Organizations, will issue future programme shortly and give full support to our striking comrades of different Defence Production Units.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBA NO.58/2019
NO.2014/AC-II/21/6 Vol.I
New Delhi, dated 22.07.2019
General Managers,
All Indian Railways/PUSs etc.
Sub: Setting up of NPS oversight mechanism
Timely credit of deduction made from the salary of Central Government employees towards their contribution to NPS along with the Government contribution is of paramount importance for availability of due and timely returns thereon towards generation of pension corpus. Department of Expenditure vide their letter no. 1(24)/EV/2016 dated 02.07.2019 has desired setting up of an oversight mechanism to ensure oversight over the NPS contributions crediting. Accordingly, Board has decided that monitoring Committees, comprising of the following officers may be formed on each Railway/Unit:
1. FA&CAO in charge of NPS – Convener
2. Dy. CPO in charge of Bills & Settlement – Member
3. Dy. FA&CAO tn charge of NPS -Member
2. The Committee shall be responsible for the following actions:
i. Ensuring that the contributions of employees and the Government are credited without delay to the NPS financial architecture both in case of existing employees and employees newly recruited from time to time and the existing system and procedure being followed for the purpose shall be monitored effectively to ensure that no delay in credit of the contributions takes place.
ii. Ensuring that in case any grievance by any employee is received in regard to delay in credit of contribution, either directly from the employee or through PFRDA, the same has been looked into and disposed of in a manner to the satisfaction of the concerned employees.
iii. Any other matter as having a bearing on the issue of crediting/remittance of NPS contributions.
iv. The Committee shall devise its own mechanism as also appropriate checks and balances to ensure that NPS contributions are credited on time in respect of all employees under NPS system.
v. The Committee shall meet at least once in 3 months to review the progress and in case any slippages are notices, it shall take immediate corrective action. However, the concerned Principal FA and Pr. CPO shall keep a watch over the progress on a regular basis.
The Committee shall oversee implementation of the NPS system as per action points brought out above and send status report on quarterly basis by 5th of the month following each quarter (i.e.. 5th April, 5th July, 5th October and 5th January) highlighting the result of the monitoring with concluding remarks whether the NPS contributions are being credited on time and in case of any slippages, the details of action taken for the same.
The names of the officers nominated in the Committee may be advised to Railway Board along with their mobile no. and email id. latest by 25th July, 2019.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
No.2015/ERB-III/22/4(1)
Dated:25-07-2019
CIRCULAR
Sub: Medical facility to Railway Officers/Staff working in Railway Board.
The matter relating to the change of option regarding medical facility being availed by Railway Officers/Staff working in Railway Board has been considered. The Competent Authority in consultation with Ministry of Health & Family Welfare, has decided that:
(i) The officers/staff of Railway Services, posted in Railway Board’s Office and already given an option to choose the medical facility under either Railway Medical Attendance Rules (RMA) or Central Government Health Scheme (CGHS) at the time of joining Railway Board, may be allowed to change their option either during their stay in Railway Board or at the time of retirement (if retiring from Railway Board) from CGHS to RMA and vice versa, subject to the payment of CGHS subscription subsequent to the month of exercising the option for availing CGHS facility. This option may be exercised at the discretion of officer/staff In Board’s Office.
(ii) The option for change from CGHS to RMA or vice versa can also be exercised at the time of retirement, if retiring from Board’s Office, subject to the payment of CGHS contribution from the date of enrolling in CGHS.
2. This issues with the concurrence of Finance Directorate of Railway Board.
(RAKESH RAWAT)
Under Secretary (Admn.)-II
Railway Board
The Central Government has released the AICPIN of June 2019 which showed an increase to 316, the much awaited AICPIN value has finally released, based on the DA Calculation the DA as on June 2019 is 17.09%, which means five per cent increase in DA is confirmed now.
The DA percent of employees will increase by 5% from the existing 12% and total DA is 17% from July 2019, which will then be the highest DA increment so far since the implementation of 7th pay commission in 2016. Central Government will revise the DA twice in a year, on 1st January and 1st July. DA is a fully taxable allowance.
DA / DR Rate as applicable after implementation of 7th Pay Commission recommendations from 1.1.2016 is shown in table below :-
7th CPC Risk Allowance – Received comments only from 26 Departments
No.A-27018/01/2017-Estt.(AL)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
Block No. IV, Room No. 409
Old JNU Campus, New Delhi
Dated 31st July, 2019
Office Memorandum
Subject: Implementation of Govt. Decision on 7th CPC recommendations on Risk Allowance – reg.
The undersigned is directed to refer to this Deptt’s O.M. of even no. dt. 07.03.2018 and reminders dt. 17.04.2018, 29.10.2018 and 16.11.2018 (Copies enclosed) vide which Ministries/Departments were requested to provide the details regarding number of employees eligible for Risk Allowance, estimated existing annual expenditure as per the existing rates and estimated annual expenditure if the existing rates are multiplied by the 2.25 factor as decided by the Government.
2. Despite reminders, this Department has received comments only from 26 Ministries/Departments which are – M/o Panchayati Raj, D/o Public Enterprises, Cabinet Secretariat, D/o Atomic Energy, D/o Agriculture and Cooperation, InterState Council Secretariat – MHA, D/o Justice, DARPG, D/o Chemicals & Petrochemicals, D/o Food & Public Administration, M/o Petroleum & Natural Gas, M/o External Affairs, D/o Rural Development, M/o Housing Urban Affairs, Secretariat of Vice- President, D/o Biotechnology, PMO, M/o Tribal Affairs, D/o Fertilizers, M/o Culture, M/o MSME, D/o Expenditure, M/o Earth Sciences, D/o Defence, D/o Space and Railway Board.
3. It is requested that the aforesaid data may be furnished to this Department in the format prescribed in O.M dt. 07.03.2018 (copy enclosed) at the earliest. This may please be sent by 20-08-2019 failing which it may be presumed that the Ministries/Department have no information and the information will be treated as NIL.
Encl As above
(Sandeep Saxena)
Under Secretary to the Government of India
AICPIN for June 2019 – 5% DA Confirmed from July 2019
No. 5/1/2019-CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU
`CLEREMONT’, SHIMLA-171004
DATED: 31st July, 2019
Press Release
Consumer Price Index for Industrial Workers (CPI-IW) – June, 2019
The All-India CPI-IW for June, 2019 increased by 2 points and pegged at 316 (three hundred and sixteen). On 1-month percentage change, it increased by (+) 0.64 per cent between May, 2019 and June, 2019 when compared with the increase of (+) 0.69 per cent between the corresponding months of previous year.
The maximum upward pressure in current index came from Food group contributing (+) 1.93 percentage points to the total change. At item level, Rice. Arhar Dal, Groundnut Oil, Eggs (Hen), Fish Fresh, Goat Meat, Poultry (Chicken), Milk Buffalo, Pure Ghee, Chilies Green, Garlic, Ginger, Onion, Banana, Brinial, Cabbage, Carrot, French Bean, Green Coriander Leaves, Palak, Potato, Tomato, Cigarette, Doctor’s Fee, Medicine (Allopathic), Cable Charges, etc. are responsible for the increase in index. However, this increase was checked by Wheat, Coconut & Coconut Oil, Lady Finger, Mango (Ripe), Parval, Electricity Charges, Petrol, etc., putting downward pressure on the index.
The year-on-year inflation based on CPI-IW stood at 8.59 per cent for June, 2019 as compared to 8.65 per cent for the previous month and 3.93 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 5.47 per cent against 5.21 per cent of the previous month and 0.97 per cent during the corresponding month of the previous year.
At centre level Coonoor, Hyderabad and Vijaywada observed the maximum increase of 8 points followed by Quilon (7 points). Among others, 6 points increase was observed in 6 centres, 5 points in 2 centres, 4 points in 9 centres, 3 points in another 9 centres, 2 points in 10 centres and 1 point in 21 centres. On the contrary, Srinagar recorded a maximum decrease of 3 points. Among others, 2 points decrease was observed in 3 centres and 1 point in 7 centres. Rest of the 6 centres’ indices remained stationary.
The indices of 35 centres are above All-India Index and 43 centres’ indices-are below national average.
The next issue of CPI-1W for the month of July, 2019 will be released on Friday 30th August, 2019. The same will also be available on the office website www.labourbureaunew.gov.in
Aadhar Card for Pension Payment – Central Information Commission
CENTRAL INFORMATION COMMISSION (Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. SridharAcharyulu (Madabhushi Sridhar), CIC
CIC/POSTS/A/2017/185367
N N Dhumane v. PIO, Department of Posts
Order Sheet: RTI filed on 27.07.2017, CPIO replied on 24.08.2017, FAO on 22.09.2017, Second appeal filed on 21.12.2017, Hearing on 27.02.2018;
Proceedings on 27.02.2018: Appellant present from NIC Ahmednagar, Public Authority represented by CPIO. Mr. Sandeep Hadgal, from NIC Ahmednagar:
Date of Decision-27.02.2018: Direction, show cause-issued and posted on 23.03.2018
ORDER
FACTS:
1. The appellant Ms. Nirmala Nishikant Dhumane filed two RTI applications (dates 05.07.2017 and 27.07.2017). In her RTI application dated 05.07.2017, she sought:
“My pension for the month of March 2017 was withheld for want of copy of Aadhaar Card, and now also, l am directed by account branch to submit the copy of Aadhaar Card.
I may kindly be furnished the copy of order vide which the Aadhaar Card is required/essential for pension payment”.
2. The appellant filed another RTI application dated 27.07.2017 and stated that this was in continuation of her earlier application dated 05.07.2017. She sought as under:
(i) Copy of the order by which the Aadhaar card is required/necessary for pension payment, and (ii) names of the persons whose pension was held up for want of Aadhaar card for the month of March 2017.
3. The CPIO vide letter dated 24.08.2017 gave following response:-
Point No. 1. Xerox copy of order by which the Aadhaar card is required for pension has already provided under the RTI Act 2005 vide this office letter dated 05.08.2017 for your previous application under RTI Act 2005 dated 05.07.2017.
Point No. 2. There was no held-up of pension. However there was delay in crediting pension to their saving bank accounts.
However, for remaining information, it is informed under the RTI Act that as per the Section 8 (1) (j) of the RTI Act 2005, information which relates to personal information the disclosure of which has no relationship to any public activity or which would cause unwarranted invasion of the privacy of an individual, hence cannot be supplied.
4. As some of information was refused on the pretext that it was personal information she was not satisfied and hence filed first appeal saying:
The Senior Superintendent of Post Office (SSP) Ahmednagar has given the misleading information to my application under the RTI Act. Now the question arises why the pension of only 55 pensioners was delayed and how the pension of remaining pensioners was effected on due dates. The SSPO Ahmednagar has given false information. Necessary action against him may be taken.
There was no order on the subject to link up Aadhaar card to pension account. The action of SR Post Master Ahmednagar to withhold the pension of 55 pensioners contravened the mandatory constitutional provisions of affecting payment of pension on first of each month.
The SSP Ahmednagar has not furnished the names of 55 pensioners and he has taken shelter of provisions of Section 8 (1)(j) of the RTI Act. The furnishing names of 55 pensioners does not amount to right to privacy. It is open fact and withholding the names 55 pensioners is a breach of RTI Act 2005.
5. The FAA ordered on 22.09.2017, as under:-
The appellant had sought certain information vide her RTI application dated 27.07.2017 under Right to Information Act 2005 from Central Public Information Officer (SSPO’s Ahmednagar Division, Ahmednagar). The CPIOs/SSPO’s Ahmednagar Division had provided the information to the appellant vide letter dated 24.08.2017.
I have gone through the documents relevant to the case and uphold the reply given by the CPIO/SSPO’s Ahmednagar Division, Ahmednagar.
6. Not satisfied with the response of the respondents, the appellant filed second appeal contending:-
I sought the information under RTI act 2005 for withholding of pension of 55
Pensioners for the month of March 17.(Copy of my RTI application dated 51712017 and 271712017 are enclosed for ready reference).
The Senior Supdt. of Post Office Ahmednagar had informed vide his letter No ANR/PG/RTI/NND/2017 Dated 241812017 that the names of 55 pensioners cannot be furnished due to unwarranted invasion of the privacy of an individual (copy enclosed for ready reference).
In his letter No. cited above, SSPOS further informed me that there was delay in crediting the pension for the month of March 2017 to the pension accounts of 55 pensioners.
I had preferred appeal to the Director of Postal Services, Pune Region, Pune against the information furnished by SSPOS/SRPM ANR. The director of Postal service informed me vide his letter No. PR/PG/RTI/Appeal-341/2017 Dated 22.09.2017 and upheld SSPO’S reply.
I am not satisfied with the reply of the first appellate authority hence I am submittingsecond appeal to your honour.
The information provided by SRPM Ahmednagar through SSPOS Ahmednagar is totally false.The truth in this case is that the pension of 55 pensioners was withheld for March 2017 due to non-linking up of Aadhaar Card to pension account.
Some of the pensioners of group of 55 pensioners approached the SRPM Ahmednagar on 02.04.2017. He informed them that their pension was not credited to their pension accounts due to not linking of Aadhaar Card. In this case, the SRPM also informed on phone on 31412017 that he did not credit the amount of pension of 55 pensioners for the same reason discussed above.
There were no orders on the subject to link up the Aadhaar Card to pension account and this has been confirmed by him (i.e. SRPM Ahmednagar) to Post Master General Pune on 03.04.2017 that there were no order to link up Aadhar Card. The Sub Regional Post Master(SRPM) Ahmednagar has exceeded his powers to harass the 55 pensioners financially. This resulted to mental torture. Disciplinary action should be taken against SRPM Ahmednagar for taking unconstitutional decision to withhold the pension of 55 pensioners. It is constitutionally mandatory to pay the pension on first of every month and nobody has powers to withhold it.
The SRPM Ahmednagar, had given false information and misguided the appellate authority. Therefore I request you kindly to look into the matter and give me the justice as I am a sufferer among these 55 pensioners for delay in pension payment of March 2017. The Post master general, Pune region, Pune, is protecting the SSPOs and SRPM Ahmednagar and buried the vital issue without taking action against both of them.
Proceedings on 27th February 2018:
7. The appellant Ms. Nirmala Nishikant Dhumane stated that she took voluntary retirement from the post office and is receiving pension on 1st of every month; she was told that her pension for month of March 2017 was held up for want of Aadhaar linking up along with 55 other pensioners who were former employees of this public authority; she filed RTI application about ‘linking-up of Aadhaar number to pension accounts’; that they had no authority to link up the Aadhaar Card to her pension account all of sudden without any notice and stop payment for that reason; she suffered agony, various losses due to delay, could not lead normal life as pensioner etc.
8. Mr. Sandeep Hadgal, CPIO said that he received circular to link the Aadhaar number with the pension accounts from two of their higher officers. However, he agreed that the circular from Sub Regional Post Master Ahmednagar to Post Master General Pune on 03.04.2017 did not order to link up Aadhar Card without any intimation. He also felt that the SRPM Ahmednagar should not have delayed the payment of pension to the 55 pensioners for not linking with Aadhaar.
9. Appellant explained that she was under serious mental apprehension about receiving monthly pension because of Aadhaar, the delay was unreasonable, denial of information on that vital aspect was breach of her right and it was quite illegal to say the names of 55 pensioners would invade somebody’s privacy.
10. The respondent authority submitted that pension was not held-up. However, there was delay in crediting the pension to their saving bank accounts. They also submitted that copy of order by which the Aadhaar Card was made mandatory for pensioners has already been provided vide letter dated 05.08.2017, while responding to her applicant dated 05.07.2017. They denied the names of the pensioners whose pension was held up for want of Aadhaar card on the plea that this is personal information of third party.
11. It is a matter of life and living of 55 pensioners who were totally dependent upon the paltry amount of pension. Though it is a small amount even a day’s delay in payment might disturb the routine life of all or some of them. That is why the information relating to payment pension to retired persons should be considered and categorised as the information concerning the life and should have been responded within 48 hours. Even if the appellant has not asked for immediate delivery of information, the CPIO, being a senior designated officer has a duty to consider this as information concerning the life and answer within 48 hours. it was not done. The public authority has a duty under contract as per Contract Act, Consumer Protection Act, Trusts Act and also under Right to Information Act to pay the pension in time, rectify the problem of delay promptly or give information immediately to the appellant or pensioners suffering like her. The CPIO has chosen last i.e., 30th day to reply from date of RTI application. This reflects the CPIOs mental rigidity to sit over the file for 29 days doing nothing, just to make use of the facilitative provision. He simply ignored the phrase in section 7 that PIO shall ‘as expeditiously as possible’ but totally exploited ‘and in any case within thirty days’. The CPIO did not bother to examine whether this information could fall under category of “concerning life or liberty”. It is inhuman for the CPIO to be so heartless about pensioner’s problems and request for information. The CPIO should have read umpteen number of the Commission orders explaining why such pension related information should have been given within 48 hours.
12. The pensioner-applicant was asking for the list of 55 names of pensioners who suffered like her at the hands of post office. How can that be ‘personal information’ and whose privacy the CPIO was protecting?
13. In addition to the above the Postal authorities have a statutory duty to disclose full facts and circumstances along with reasons why they are linking Aadhaar with pension payment, why should they stop payment of pensions for the sake of such linking, why did they not provide for sufficient advanced information to the pensioners, whether such linking order has legal sanctity to be implemented without any advance notice, etc under Section 4(1)(c) and (d). Referring to an order of SC on 15th October 2015 WRIT PETITION (CIVIL) NO 494 OF 2012 between Justice K S Puttaswamy (Retd) and another v Union of India, a media report stated:
A Constitution Bench led by then Chief Justice of India H.L. Dattu had held that citizens cannot be forced to produce his Aadhaar to avail themselves of government welfare schemes and benefits.
It had even hinted that the government risked contempt of court if it chooses to continue to make the Aadhaar number a mandatory condition. But the government seemed to have ignored the court’s warning in this case. A petition filed by the All-Bengal Minority Students Council clearly exposed the defiance.
The petition pointed to a letter addressed by the Centre to States and Union Territories to make Aadhaar a mandatory condition for applying for pre-matric, post-matric and merit-cum-means scholarship schemes. The letter, dated July 14, 2016, plainly directed that “submission of Aadhaar is mandatory” for students.
Staying the implementation of the letter recently, the court directed the Ministry of Electronics and Information Technology to remove Aadhaar as a mandatory condition for student registration from its national scholarship portal.
It stayed the instruction insisting on Aadhaar from government advertisements for the scholarship schemes.
On October 15 last year, the Constitution Bench had extended the voluntary use of Aadhaar cards to the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), pensions schemes, Employee Provident Fund and the Prime Minister Jan Dhan Yojana.
The Bench was modifying an August 2015 order restricting Aadhaar use to only PDS and LPG distribution.
The Constitution Bench had directed that the voluntary nature of Aadhaar would continue now. (http://www.thehindu.com/news/national/aadhaar-purely
voluntary-says-supreme-court-but-extends-its-use-to-more-schemes/article7765893.ece)
14. Quoting the order of Supreme Court on 15.12.2017 in WRIT PETITION (CIVIL) NO 494 OF 2012 between Justice K S Puttaswamy (Retd) and another v Union of India, another media report stated:
The six schemes mentioned in the previous orders are the public distribution scheme (PDS), LPG distribution scheme, the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old age pensions, widow pensions, disability pensions), the Prime Minister’s Jan Dhan Yojana (PMJDY) and Employees’ Provident Fund Organisation (EPFO).
The order also quotes Shyam Divan, senior counsel for the petitioners, as having urged that since the interim order dated March 15, 2015 governs the field, it was the obligation of the Centre to seek a variation of the interim directions after the enactment of the Aadhaar Act, 2016 before making it mandatory to uplink or provide details of the Unique Identification Number/Aadhaar card for all purposes.
The order quotes another senior counsel for the petitioner, Gopal Subramanium, as having advanced the submission that the issue involves the paramountcy of the court and of the judicial process. “In the submission of the learned counsel, the exercise of the judicial power in the form of the interim order dated 15 October 2015 (and the earlier orders) was to insulate citizens against any form of compulsion, this being in aid of protecting their fundamental rights”, the order adds. https://thewire.in/205416/supreme-courts-interim-order-aadhaar-fails¬bring-relief-uid-holdouts/
15. Because of the above orders of the Supreme Court against linking the aadhaar with more than six categories mentioned, the Postal authorities are expected to explain under what legal authority they have directed the post offices to link their employer’s pension payments with the aadhaar?
16. The Commission directs Mr. A. V. Gaikwad, the CPIO to show-cause why maximum penalty should not be imposed upon him for above reasons. The public authority shall explain why it should not be ordered to pay compensation to the appellant for causing delay, loss and harassment her without giving information sought.
17. The Commission directs the respondent authority to provide certified copies of circulars/orders by which pension of 55 employees was delayed referring to Aadhaar in the month of March 2017 along with names of all the pensioners whose pension was delayed, within 15 days from the date of receipt of this Order.
18. All the explanations must reach to this Commission before 23.03.2018 and the matter is posted for compliance and penalty proceeding on 23.03.2018.
(M. Sridhar Acharyulu)
Central Information Commissioner
CGDA : Guidelines regarding expeditious disposal of Disciplinary Cases
Office of the Controller General of Defence Accounts Ulan Satar Road, Palam, Delhi Cantt 110010
No. AN/XIII/13006/Vol-XXI
Dated 26.07.2019
To
The PCsDA/CsDA
(Through website)
Subject: Guidelines regarding expeditious disposal of Disciplinary Cases.
Of late, it has been observed that the finalization of the disciplinary proceedings initiated against Officers and staff of the department are getting delayed on various counts, which defeats the very purpose of initiating the said proceedings. Inordinate delay in finalization of disciplinary cases is a matter of serious concern. The very purpose of the timely finalization of the disciplinary proceedings is to ensure that the delinquent Officials neither get undue benefit due to long pending cases nor subjected to undue harassment if not found guilty at later stage.
2. Besides adherence to rules, regulations, orders, guidelines regarding timely completion of the disciplinary proceedings, the following points may also be kept in mind while processing disciplinary cases so as to ensure early finalization of the disciplinary proceedings.
(i) Initiation of the proceedings: The Competent Authority should study the allegations very carefully and resort to minor penalty proceedings instead of initiating major penalty proceedings, where the circumstances involve minor infringements or cases of procedural irregularities. It has to be kept in mind that a minor penalty swiftly but judiciously imposed by a Disciplinary Authority is much more effective than a major penalty imposed after years spent on a protracted enquiry.
(ii) Memorandum of charges: Consequent to decision of the disciplinary authority to initiate major or minor penalty proceedings against delinquent Officials, the chargesheet I memorandum of charges should be issued expeditiously to the charged officer. In cases where the chargesheet is to be issued by the CGDA, the draft articles of charges along with all the connected documents and full facts of the case should be forwarded to HQrs Office at the earliest.
(iii) Drafting of Charge Sheet: The charge sheet should be drafted with utmost accuracy and precision, based on the facts revealed during the investigation or otherwise and the misconduct involved. It should be ensured that no relevant material is left out and at the same time no irrelevant material or witnesses are included.
(iv) Written statement of Defence: At times, there is undue delay due to repeated requests of the charged officer for time to give his written statement in reply to the charge sheet. As per existing instructions, the charged officer is allowed 10 days to submit his written statement. The charged officer may be allowed 3 – 4 days absence by the Controlling Officer for preparing his written statement in such cases, no extension of time should be allowed beyond the stipulated period of 10 days.
(v) Providing copy of documents relied upon to the charged officer: As far as possible, copies of all the documents relied upon and the statements of witnesses cited on behalf of the Disciplinary Authority should be supplied to the Government servant along with the charge sheet, so that the time taken by the charged officer to submit his written statement of defense is minimised.
(vi) Appointment of IO and PO: The orders regarding appointment of Inquiring Authority and Presenting Officer should be issued immediately after receipt and consideration of written statement of defence by the charged officer to inquire into such of the article of charges as are not admitted or the disciplinary authority considers it necessary to do so. .
(vii) Inquiry by retired government officers: A panel of IO from retired government officers may also be kept ready which may be used when no serving government servant is available for appointment as IO. However, terms and condition for appointing retired officer as Inquiring authority as stipulated by the CVC and the DOPT on the subject from time to time may strictly be adhered to.
(viii) Inquiry by departmental officer: Wherever a Departmental officer is appointed as the IO in Departmental Proceedings, the officer concerned may be relieved from his normal duties for a period up to 20 days in two spells during which he should complete the inquiry and submit the report. During this period so allowed, he will attend to the inquiry on full time basis. These time spells may depend on the need and the feasibility of conducting full-time hearings on a day to day basis.
(ix) Inquiry Proceedings: At times, procedural infirmities in inquiry proceedings viz. the Charged Officer has not afforded reasonable opportunity for his defence, Inquiring Authority does not generally questioned the CO as per provisions of Rule 14 (18) of the CCS (CCA) Rules, 1965 etc, which resulted in remitting the case back for further inquiry. Therefore, the procedure laid down in Rule 14 of the CCS (CC&A) Rules, 1965 and GOI instruction below thereon may strictly be adhered to avoid any infirmity in departmental inquiry at any stage.
(x) Adhering timeline in inquiry proceedings by the Inquiring Authority: Attention is invited to clause (a), (b) and (c) of sub-rule 24 of Rule 14 of the CCS (CCA) Rules, 1965 inserted vide DOPT Notification vide GSR 548 (E) dated 2nd June, 2017 , which stipulates that:
a) The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority.
b) Where it is not possible to adhere to the time limit specified in clause (a), the Inquiring Authority may record the reasons and seek extens ion of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the Inquiry, at a time.
c) The extension for a period not exceeding six months at a time may be allowed for any good and sufficient reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorized by the Disciplinary Authority on his behalf.
(xi) Submission of Inquiry Report: On conclusion of the inquiry proceedings the Inquiring authority shall prepare its report as stipulated in sub-rule 23 of Rule 14 of the CCS (CCA) Rules, 1965 and forward the same along with records of inquiry to the disciplinary authority.
(xii) Providing copy of Inquiry Report to the charged officer by the Disciplinary Authority: A copy of the inquiry report along with reasons for disagreement of the Disciplinary Authority on it, if any, should be provided to the Charged Officer within 15 days from the date of receipt of Inquiry Report.
(xiii) Representation of the charged officer on findings of the Inquiring authority: The Charged Officer may be allowed 15 days to submit, if he so desires, his written representation or submission to the disciplinary authority irrespective of whether the report is favourable or not to the government servant .
(xiv) Penalty Order: If the disciplinary authority having regard to findings of the Inquiring authority, representation of the charged officer and all relevant aspects of the case is of the opinion to impose any of the penalties specified in Rule 11 of the CCS (CCA) Rules 1965 or decided to drop the charges, the case requires to be brought to logical conclusion by issuing a formal order.
Therefore, a self contained, speaking and reasoned Order to be passed and issued over the signature of prescribed Disciplinary Authority.
3. The infirmities in departmental inquiry may leads to un-avoidable delay in finalization of disciplinary proceedings . Therefore , the procedure laid down under CCS (CC&A) Rules, 1965, Vigilance Manual and other Government instruction, guidelines issued on the subject from time to time may strictly be adhered to.
4. It is requested that the disciplinary cases may effectively be monitored and prescribed time-limits should be strictly adhered to, for expeditious finalization of disciplinary proceedings.
