No.105/4/2013-AVD.I (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi.
Dated the 27thJanuary, 2015

To
The Chief Secretaries of
All the State Government/
Union Territory Administrations
(As per standard List)

Subject: Submission of Appeal before DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding

Sir,

I am directed to invite your kind attention to Rule 18 (3) of All India Services (Discipline & Appeal) Rules, 1969 which stipulates as follows:

As per Rule 18 (3) of AIS (D&A) Rules, 1969 “every such appeal shall be submitted through the head of the office under whom the appellant is for the time being serving and through the Government from whose order the appeal is preferred”. As per Rule 18 (4) of AIS (D&A) Rules, 1969, “the authority which made the order appealed against shall, on receipt of a copy of every appeal, which is not withheld under Rule 21, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the Central Government”.

2. It has been observed that the appeals against the orders of State Disciplinary authorities etc.are being preferred directly to the Government of India by the IAS officers without following the aforesaid rules. Consequently, the same are not being disposed of in a time bound manner due to non receipt of relevant records & comments of the State Governments/Other authorities under whom the officer is working. Contempt cases are also being attracted due to non disposal of such appeals timely.

3. Accordingly, Competent Authority in this Department has decided that such appeals received directly in this Department without following the due procedure shall not be entertained. State Governments / Union Territories Administrations /Ministries / Departments of Central Ministries are requested to abide by the procedure provided in Rule 18 of AIS (D&A) Rules, 1969 to submit the appeals through the Head of Office and the Government whose order is being appealed against and inform all the IAS officers working under them for strict compliance.

Yours faithfully,

(Anshu Sinha)
Director (V-I)

Original DOPT Order : Click here

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 2nd January, 2015

G.S.R. 6(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely:-

1. (1) These rules may be called the Fundamental (Amendment) Rules, 2014.

(2) They shall be deemed to have come into force on the 27th October, 2013.

2. In the Fundamental Rules, 1922, in rule 29, for clause (2), the following clause shall be substituted, namely:—

“(2) If a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower time-scale, the authority ordering the reduction shall specify,—

(a) the period for which the reduction shall be effective;

(b) whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent; and

(c) whether the Government servant shall regain his original seniority in the higher service, grade or post or time-scale on his restoration to the service, grade or post or time-scale from which he was reduced.”

[F. No. 6/2/2013-Estt. (Pay-I)]
MUKESH CHATURVEDI, Director (Pay)

EXPLANATORY MEMORANDUM

In the Fundamental (Amendment) Rules, 2013 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 263(E) dated the 27th October, 2013, sub-clause (c) of clause (2) of rule 29 of the Fundamental Rules, 1922 was wrongly mentioned as clause (3) to that rule. Necessary amendment is required to be made retrospectively from the date of notification of the said rules. It is certified that none will be adversely affected by giving retrospective effect to the amendment.

Original DOPT Order : Click here

No. 7/4/2013-CS. I(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003

Dated the 23rd January 2015

OFFICE MEMORANDUM

Subject: Shortage of staff in the grades of Assistants and Section Officers — modification to the channel of submission till staff position improves regarding

The undersigned is directed to refer to the various requests received from Ministries/ Departments for posting of officers in the grades of Assistant and Section Officer and to say that as on date about 2500 vacancies exist in the Assistants grade alone. The vacancies could not be filled up on account of litigation relating to Combined Graduate Level Examination-2013. The CGLE-2013 has to be conducted again and its results are expected shortly. Selected candidates would be first required to undergo the Foundational Training and only thereafter, they could be nominated to Ministries/ Departments. In view of this, it would take few more months before DR Assistants could be posted. The same procedure will be followed in respect of Assistants recruited through CGLE-2014 for which Tier-I of the examination has already been conducted. In the meanwhile, vacancies in the grade of Assistant will continue to remain. As regards, SO grade, the position has improved considerably and this Department will shortly issue the zone for promotion against seniority quota for the Select List year 2014. The remaining vacancies will also be filled up once UPSC declares results of Limited Departmental Competitive Examination-2014.

2. The undersigned is directed to circulate herewith the vacancy position in the grades of Assistant and SO as per Annexure. It may be seen that the combined strength of officers in-position in these grades in almost all the Ministries/ Departments is more than the sanctioned strength of Assistants. Ministries/ Departments may reconcile the data and inform this Department if there is any discrepancy. They may also reconcile the actual position of officers in these grades with the data in the web based cadre management system. Till vacancies in the grade of Assistants are filled up, as advised earlier, Ministries/ Departments may suitably adjust the channel of submission at SO/Assistant levels, keeping in view Chapter 6 of e-Office procedure i.e. Assistants and SOs may submit files directly to Under Secretary.

3.Cooperation of Ministries/ Departments is requested till the position in the grade of Assistants is improved.

(Srinivasaragavan)
Under Secretary to the Government of India

Original Order : Click here

F.No.12/7/2014-JCA2
Government of India
Ministry of Persbnnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 19th January, 2015

OFFICE MEMORANDUM

Subject: Closing of Central Government Offices in connection with general elections to the Legislative Assembly of NCT of Delhi, 2015.

The undersigned is directed to say that in connection with the general election to the Legislative Assembly of NCT of Delhi, to be held on 7th February, 2015, the following guidelines, already issued by DOPT vide OM No. 12/ 14/99-JCA dated 10th October 2001, have to be followed for closing of the Central Government Offices including Industrial Establishments in NCT of Delhi:

(i) The relevant offices / organizations shall remain closed in the notified areas where general elections to the Legislative Assembly of NCT of Delhi, scheduled to be conducted.

(ii) In connection with bye-elections to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization/ Industrial . Establishment located outside the constituency having a general/bye-election.

2. The above instructions may be brought to the notice of all concerned.

(K.Kipgen)
Director (JCA)

original DOPT order : Click here