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Clarification regarding educational qualification for engagement /appointment / recruitment on the railways

By
igeadmin
-

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 122/2014.

No. E (NG)-II/2013/SB/3.

New Delhi, dated: 29/10/2014

The General Manager (P),
All Zonal Railways/Production Units

Sub: Clarification regarding educational qualification for engagement/appointment/recruitment on the railways.

****

For appointment/engagement and recruitment to posts in Pay Band-1 of Rs.5200-20200 (Grade Pay: Rs.1800), possession of qualification as prescribed in terms of Board’s letter No.E(NG)II12009/RR-1/10/Pt.dated 09/12/2013 is mandatory.

2. Persons already engaged/appointed/recruited against erstwhile Group ‘D’ posts, prior to implementation of 6th CPC pay structure, may be extended benefit of revised pay structure of Pay Band-l (Grade Pay: Rs.1800) provided they are in possession of prescribed qualifications. In case of non-possession, benefit would be subject to imparting of requisite training as per instructions contained in Board’s letter No. E(MPP)2008/3/17 dated 24/9/2008.

3. Further, persons engaged with relaxed qualification in terms of Board’s letter No. E(NG)II/2009/RR-1/10/Pt.dated 05/01/2011 and 27/0412011 may be kept in -IS Pay Band of Rs.4440-7440 (Grade Pay: Rs.1300) till they also are imparted requisite training as per instructions contained in Board’s letter No. E(MPP)2008/3/17 dated 24/9/2008.

4. Widows, even if not possessing the prescribed qualification but being considered for appointment on compassionate grounds, have to be placed in Pay Band-l of Rs.5200-20200 having Grade Pay: Rs.1800 directly, without insisting on fulfillment of educational qualification norms provided the appointing authority is satisfied that the duties of the post against which she is being appointed can be preformed with help of some onjob training (RBE No. 102/2012).

5. Persons engaged with relaxed qualification in terms of stipulation made in Board’s letter No. E(NG)II12011IRR-l/ll dated 9/12/2011 will remain in -IS Pay Band of Rs.4440-7440 (Grade Pay: Rs.1300) and continue to be governed under the provision contained in para 2 of letter issued under RBE No.166/2011 dated 09/12/2011 till they acquire the prescribed qualification.

6. All those not covered under the above paras will have to possess the prescribed qualification for appointment to a post on the Railways.

7. All these are equally applicable to persons appointed as substitutes.

Please acknowledge receipt.

(Lily Pandeya)
Director Estt. (N)-II
Railway Board.

Original Order : Click here

DA Merger and Interim Relief to be discussed in the National Convention of NC JCM Meeting – INDWF

By
igeadmin
-

INTUC
INDIAN NATIONAL DEFENCE WORKERS FEDERATION

INDWF/Circular/012/2014

Date : 17.11.2014

To
All Office Bearers and Working Committee Members,
INDWF

Sub: Holding of National Convention of the National Council (JCM) Staff Side – reg.
Ref: National Council (JCM) Staff Side circular No.NC.JCM/2014/SC Dated 25.10.2014

Dear Colleagues,

National Council (Staff Side) JCM for Central Government employees demanded and submitted a memorandum on Interim Relief and Merger of DA to the 7th CPC and also to the Ministry of Fiance. A reply has been received by the Secretary (Staff Side) National Council (JCM) from Ministry of Finance which is indicative of a refusal of both the demands. The 7th CPC have so far not communicated to us the decision they have taken on the memorandum submitted by the Staff Side, National Council (JCM).

The NDA Government has adopted the same plea made by the UPA II Government to reject our demands.

From the steps so far taken by the BJP Government, it is unambiguous that they would be pursuing the neo-liberal economic policies with much more intensity than even the UPA Government. Having got a clear majority in the Parliament, they would be able to push through necessary legislations to pursue reforms. The outsourcing of Railway functions, privatisation/Corporatisation of Defence manufacturing units, increased FDI inflow in various core sectors of economy, dismantling of the administrative price mechanism, de-nationalisation efforts in the Banking, Insurance and coal sectors and above all the adherence to New Contributory Pension Scheme are some of the bold anti-workers steps taken by the New Government.

The National Council (Staff Side) when they met during October, 2014 at New Delhi it was unanimous opinion to pursue the issues through organizational methods. Accordingly, it was decided to hold a NATIONAL CONVENTION, eliciting the participation of the representatives of all Service organisations participating in the JCM to discuss the emerging situation and decide upon future course of action. Incidentally, we must mention that the JCM conceived as a negotiating forum has been made in-effective by the Government over the years by not convening its meetings periodically.

It was decided that the National Council Convention will be held at
Venue : MPCU Shah Auditorium, Sree Gujarati Samaj, Raj Niwas Road, Civil lines (Opposite Civil lines Metro Station), Delhi Date : 11th December, 2014 from 12 noon to 16oo hrs. 150 Delegates from Defence Federations (INDWF and AIDEF) are permitted to participate.

Around 75 Delegates from INDWF have to participate and therefore all the Office Bearers and Working Committee members are invited to participate in the convention. Those who are participating are required to intimate to the undersigned so that the Delegate Passes/Badges on their names will be arranged to participate in the convention.

Treat this as an important matter which will decide the issues of 7th CPC (merger of DA and IR) as well as present trend of the New Government on the future of Central Government Employees particulars about Defence Civilian Employees.

Yours Sincerely,

(R.SRINIVASAN)
General Secretary

Source: INDWF

Whether 7th Pay Commission proposes to submit Interim Report?

By
igeadmin
-

Is Interim Relief Likely for Central Government Employees?

Is it really possible for Central Government employees to get an interim relief this time? Let us look at it in detail.

‘Interim Relief’ may be defined as the temporary relief given to employees before the new Pay Commission’s recommendations are implemented. ‘Interim relief will be treated sui generis’, most of the Finance Ministry orders included the sentence when sanctioning interim relief.

If one looks at the interim relief granted in 1983 and 1993, it can also be inferred that interim relief is granted in order to correct the errors in salary revision once every ten years. One gets the feeling as if an entire Pay Commission was lost simply for the sake of a small hike.

During the previous Pay Commission, particularly in 5th CPC, since 50% DA Merger was granted, there was no interim relief.

Here are some of the reasons why interim relief is normally granted :
* It has been granted a number of times before, in the past.
* DA Merger hasn’t been sanctioned this time
* Prices have touched the skies
* Some errors in the formulation of once-in-a-decade Pay Commission…etc.,

Reasons cited for the Government’s refusal to sanction DA Merger/interim relief:
* 7th Pay Commission was constituted at the justify time.
* There was no recommendation for DA Merger in the 6th Pay Commission
* There was a recommendation against DA merger in the 6th Pay Commission (the Commission is, therefore, not recommending merger of dearness allowance with basic pay at any stage).
* In the event that the Price Index is taken as 115.76 instead of 306.33 for the DA calculations.

All the Central Government Employees Unions and Federations are functioning with the intention of getting the DA merged with the basic pay. If that doesn’t happen, these federations are hoping that interim relief will be offered through the 7th Pay Commission’s interim report.

This is very much possible if Modi Government is willing to accept the demand.

And one more updation on this issue, Member of Parliament Shri.Shantaram Naik asked some questions about the 7th Pay Commission including submission of interim report as follows…

RAJYA SABHA

7th Pay Commission
230. SHRI SHANTARAM NAIK: Will the Minister of FINANCE be pleased to state:

(a) the details of meetings, the 7th Pay Commission has taken so far and the items/ issues discussed till date;

(b) the States, visited, by the Commission if any till date and the States which the Commission proposes to visit;

(c) whether the Commission proposes to take the views of the State Governments as regards their pay-scales since invariably, most of the States adopt the Central Pay Commission reports;

(d) whether Commission proposes to submit any interim report;

(e) whether the Commission proposes to make any recommendations to bring in financial transparency; and

(f) if so, the details thereof?

The written answers of above said questions will be available on or after 25th November 2014.

Source : http://7thpaycommissionnews.in/

AADHAR Enabled Bio-metric Attendance System, AEBAS – DOPT Order 2014

By
igeadmin
-

No: 11013/9/2014- Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, dated 21st November 2014.

OFFICE MEMORANDUM

Sub: Introduction of AADHAR Enabled Bio-metric Attendance System

It has been decided to use an AADHAR Enabled Bio-metric Attendance System (AEBAS) in all offices of the Central Government, including attached/ sub-ordinate Offices, in India. The system will be installed in the offices located in Delhi/ New Delhi by 31st December 2014. In other places this may be installed by 26th January 2015

2. The equipment will be procured by the Ministries/ Departments as per specifications of DeitY on DGS&D Rate Contract from authorized vendors. The expenditure will be met by the Ministries/ Departments concerned under their O.E. The manual system of attendance may be phased out accordingly.

3. The Department of Electronics and Information Technology (DeitY) will provide the technical guidance for installing the system. The equipment already procured by DeitY have a built in AMC of three years. The Ministries/ departments may ensure that the equipment being procured by them have similar provision.

4. Biometric attendance system is only an enabling platform. There is no change in the instructions relating to office hours, late attendance etc. which will continue to apply. As per extant instructions, (contained in DoPT O.M. No: 28034/8/75- Estt-A dated 04-07-1975; No:28034/10/75-Estt-A dated 27-08-1975; No: 28034/3/82 —Estt-A dated 05-03-1982) half—a-day’s Casual Leave should be debited for each day of late attendance, but late attendance upto an hour, on not more than two occasions in a month, and for justifiable reasons may be condoned by the competent authority. In addition to debiting Casual Leave (or Earned Leave, when no CL is available). Disciplinary action may also be taken against government servants who are habitually late. Early leaving is also to be treated in the same manner as late coming.

5. These orders come into force with immediate effect.

6. All Ministries/ Departments are requested to bring this to the notice of all concerned.

(J.A Vaidyanathan)
Director (Establishment)

Original Order : Click here

Special benefits in cases of death and disability in service – Revision of Disability Pension/Family pension of Pre-2006 disability pensioners/ Family Pensioners

By
igeadmin
-

No.45/3/2008 – P&PW (F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003.
Dated 20, November, 2014.

OFFICE MEMORANDUM

Subject: Special benefits in cases of death and disability in service – Revision of Disability Pension/Family pension of Pre-2006 disability pensioners/ Family Pensioners – regarding.

The undersigned is directed to say that the pension of pensioners/family pensioners who were drawing pension/family pension as on 1.1.2006 under the CCS(EOP) Rules was to be revised in accordance with Department of Pension & Pensioners’ Welfare OM NO.38/37/2008-P&P&W(A) dated 1.9.2008. Accordingly, instructions were issued vide this Department OM of even number dated 30th September 2010 for extension of benefits of modified parity to past pensioners’ for revision of disability pension/family pension covered under CCS(EOP) Rules.

2. Further,orders were issued vide this Department’s OM No.38/37/2008-P&PW(A) dated 28th January, 2013 for further stepping up of normal pension/family pension to 50%/30% of the sum of minimum pay in the pay band and grade pay corresponding to the pre-revised pay scales from which the pensioner had retired, as arrived at with reference to the fitment table annexed to the Ministry of Finance, Department of Expenditure OM NO.1/1!2008-IC dated 30th August 2008. The question of extending . this benefit to pre-2006 disability pensioner/family pensioner covered under the Central Civil Services (Extraordinary Pension) Rules has been under the consideration of the Government. It has now been decided that the pension/family pension of pre-2006 disability pensioners/family pensioners covered under CCS(EOP) Rules would be further stepped up as under:-

I. Family Pension for Categories B & C

(a) Where the deceased Government servant was not holding a pensionable post:

40% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale) / minimum Basic pay in the revised Scale of Pay (in the case of HAG and above) applicable from 1.1.2006 corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1!2008-IC dated 30th August, 2008 subject to a minimum of Rs.4550/-

(b) Where the deceased Government servant was holding a pensionable post:

60% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale )/ minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to a minimum of Rs.7.000/-

In case where the widow dies or remarries, the children shall be paid family pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules. Dependent parents/brothers/sisters etc. shall be paid family pension one-half the rate applicable to widows/fatherless or motherless children.

II. Family Pension under Categories D & E

Family pension shall be calculated as the minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008.

(a) If the Government servant is not survived by his widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% of minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised Scale of Pay( in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to a minimum of Rs. 7000/-

(b) When the Government servant dies as a bachelor or as a widower without children, dependent pension will be admissible to parent without reference to pecuniary circumstances, at the rate of 75% of minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised scale of pay(in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008, if both parents are alive, and at
the rate of 60% if only one of them is alive.

III. Disability Pension for Categories B & C

(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)/minimum Basic Pay in the revised Scale (in case of HAG and above) applicable from 1-1-2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008, to be reduced proportionately, if the employee did not have required qualifying service for full pension, plus disability element equal to 30% of the same basic pay, for 100% disability.

(b) For disability less than 100%, disability element shall be reduced proportionately. In cases of disability pension where permanent disability is not less than 60%, the disability pension (i.e. total of service element plus disability element) shall not be less than 60% of the minimum of pay in the Pay Band plus Grade Pay ( below HAG scale) or the minimum basic pay in the revised Scale of pay (in case of HAG and above) corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 , subject to a minimum of Rs. 7000/- per month.

IV. Disability Pension for Category D

(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay ( in the case of below HAG scale)/minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so 30th August, 2008, subject to proportionate reduction in case his qualifying service up to the deemed date of retirement falls short of full qualifying service and disability element equal to 30% of the same minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)/minimum Basic Pay in the revised Scale of Pay ( in the case of HAG and above) as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to the condition that the aggregate of service and disability element shall not be less than 80% of the minimum of Pay in the Pay Band plus Grade Pay/minimum Basic Pay, in case of HAG and above, applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so 30th August, 2008 for 100% disability.

(b) For lower percentage of the disability, proportionate reduction would be made in disability element as provided in OM dated 3.2.2000 as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11.2008

V. Disability Pension for Cases under Category E-

(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale or the minimum Basic pay in the revised Scale of pay (in case of HAG and above) applicable from 1-1-2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to proportionate reduction in case his qualifying service upto deemed date of retirement falls short of full qualifying service and disability element equal to the same minimum of pay in the Pay Band plus Grade Pay ( in the cases of below HAG scale) or the minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) corresponding to the scale of pay last held by the employee, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 for 100% disability.

(b) For lower percentage of the disability, proportionate reduction would be made in disability element as provided in OM dated 3.2.2000 as amended vide O.M. NO.45/3/2008-P&PW (F) dated 18.11.2008.

3. In the case of Disability pension/Family pension calculated as per para 4.1 of OM NO.38/37/2008-P&PW(A) dated 1.9.2008 is higher than the disability pension/family pension calculated in the manner indicated above, the same (higher consolidated disability pension/family pension) will continue to be treated as basic disability pension/family pension.

4. These orders shall take effect from 24.9.2012. There will be no change in the amount of revision disability pension/family pension paid during the period 1.1.2006 to 23.9.2012, and, therefore, no arrears will be payable on account of these orders for that period.

5. All other terms and conditions in the O.M. dated 3.2. 2000, as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11. 2008 and 30.09.2010 shall remain unchanged.

6. This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their 10 No.481/EV/2014
dated 3.9.2014

7. In so far as persons belonging to the Indian Audit & Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India.

8 All Ministries/Departments are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and subordinate Offices under them on a top priority basis. All pension disbursing officers are also advised to prominently display these orders on their notice boards for the benefits of disability pensioners/family pensioners.

8. Hindi version will follow.

(Tripti P Ghosh)
Director

Original Order : Click here

Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS

By
igeadmin
-

NO.4/25/2008-P&PW(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)

3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi-110 003, Dated the 19th November, 2014.

OFFICE MEMORANDUM

Subject: Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.

The undersigned is directed to say that at present Fixed Medical Allowance is granted to the Central Government pensioners/family pensioners residing in areas not covered under Central Government Health Scheme administered by the Ministry of Health & Family Welfare and corresponding health schemes administered by other Ministries/Departments for their retired employees for meeting expenditure on their day-to-day medical expenses that do not require hospitalization. Orders were issued vide this Department’s O.M. of even no. dated 26.05.2010 for enhancement of the amount of Fixed Medical Allowance from Rs. 100/- to Rs. 300/-p.m. w.e.f. 1.09.2008.

2. The demand for further enhancement of FMA has been under consideration of the Government for some time past. Sanction of the President is hereby conveyed for enhancement of the amount of Fixed Medical Allowance from Rs.300/- to Rs.500/- per month. The other conditions for grant of Fixed Medical Allowance shall continue to be as contained in this Departments’ OMs No.45/57/97-P&PW(C) dated 19.12.97, 24.8.98, 30.12.98 and 18.8.99.

3. These orders will take effect from date of issue of this OM.

4. These orders are issued with the concurrence of the Ministry of Finance (Deptt. of Expenditure) vide their ID. Note No 588l/E.V/2014 dated 22.10.2014 and in consultation with the Comptroller and Auditor General of India vide their UO No. 174 Staff(Rules)/02-2011 dated 12.11.2014.

5. Hindi version will follow.

(Harjit Singh)
Deputy Secretary to the Govt. of India

Original Order : Click here

Grant of provisional pension to retired railway servants against whom departmental or judicial proceedings are in progress

By
igeadmin
-

RBE No. 127/2014

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. 2014/F(E)III/I(1)/1

New Delhi, Dated: 13.11.2014

The GMs/FA&CAOs,
All Indian RailwayslProduction Units.
(As per mailing list)

Subject: Grant of provisional pension to retired railway servants against whom departmental or judicial proceedings are in progress.

******

Rules on payment of provisional pension are contained in rule 10 of Railway Services (Pension) Rules,1993. The amount to be paid as provisional pension has been clarified vide Board’s letter No.F(E)III 78 PN1/11 dated 17.5.78 which inter-alia states that in such cases, 100% pension which is otherwise admissible to the railway servant should be authorized as provisional pension, as in cases of normal retirement.

2. It is reiterated that the instruction contained in Board’s letter dated 17.5.78 that provisional pension will be equal to 100% pension which is otherwise admissible to the railway servant still hole good.

3. Please acknowledge receipt.

(Amitabh Joshi)
Deputy Director Finance (Estt.),
Railway Board.

No. 2014/F(E)III/1(1)/1

New Delhi, Dated: 13 .11.2014

Original Order : Click here

Payment of Productivity Linked Bonus to all eligible non-gazaetted Railway employees for the financial year 2013-14 – Railway Order

By
igeadmin
-

Government of India
Ministry of Railways
Railway Board

No. E(P&A) II-2014/PLB-3

New Delhi, dated: 11.11.2014

The General Managers/CAOs,
All India Raiway & Production Units etc,
(As per mailing lists No.1&2)

Subject : Payment of Productivity Linked Bonus to all eligible non-gazaetted Railway employees for the financial year 2013-14

*****

Board’s letter of even number dt.26.09.2014 and 05.11.2014 on the above mentioned subject may be referred to. Vide Board’s letter of even no. dated 05.11.2014 the provisional sanction for payment of PLB for 78 days was regularised

However, queries are being raised whether the wage calculation ceiling limit of Rs 3500/- p.m. had been removed. it is hereby clarified that there is no change in the wage calculation ceiling limit of Rs. 3500/- p.m. for calculation of PLB.

(K.Shankar)
Director/E (P&A)
Railway Board.

Original Order : Click here

Central Civil Service (Classification, Control and Appeal) Rules, 1965 – Instruction regarding timely review of suspension

By
igeadmin
-

F.No.11012/17/2013-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Establishment Division
****

North Block, New Delhi – 110001
Dated November 18th, 2014

OFFICE MEMORANDUM

Subject: Central Civil Service (Classification, Control and Appeal) Rules, 1965 – Instruction regarding timely review of suspension

Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, deals with the provisions of suspension. As per the rule, a Government servant may be placed under suspension, in the following circumstances:

(a) where a disciplinary proceeding against him is contemplated or is pending; or
(b) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

2. A Disciplinary Authority may also consider it appropriate to place a Government servant under suspension in the following circumstances. These are only intended for guidance and should not be taken as mandatory:-

(i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witnesses or documents);

(ii) where the continuance in office of the Govertunent servant is likely to seriously subvert discipline in the office in which the public servant is worlcing;

(iii) where the continuance in office of the Government servant will be against the wider public interest [other than those covered by (i) and (ii)] such as there is 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, particularly corruption;

(iv) where allegations have been made against the Goverrunent servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or is being proceeded against in departmental proceedings, and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.

3. In the first three circumstances the Disciplinary Authority may exercise his discretion to place a Government servant under suspension even when the case is under investigation and before a prima facie case has been established. Suspension may be desirable in the circumstances indicated below:-

(i)any offence or conduct involving moral turpitude;
(ii)corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to Government;
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders of superior officers In respect of the types of misdemeanor specified in sub-clauses (iii) and (v) discretion has to be exercised with care.

3. Rules 10(6) and 10(7) of the CCS (CCA) Rules, 1965, deal with review of the suspension cases. The provision for review within ninety day is applicable to all types of suspensions. However, in cases of continued detention, the review becomes a mere formality with no consequences as a Government servant in such a situation has to continue to be under deemed suspension. A review of suspension is not necessary in such cases.

4. It has been brought to the notice of this Department that in cases of prolonged suspension period, the courts have pointed out that the suspension cannot be continued for long and that inspite of the instructions of DoP&T, the Disciplinary Authorities are not finalizing the disciplinary proceedings within the stipulated time. Also, in such cases the Goverrunent is unnecessarily paying subsistence allowance without extracting any work and if, on the culmination of the disciplinary proceedings, the charged officer is exonerated from the charges, the Government has to unnecessarily pay the full salary and treat the period of suspension as on duty etc.. It is, therefore, desirable that timely review of suspension is conducted in a just and proper marmer and that the disciplinary proceedings are finalized
expeditiously.

5. All Ministries/ Departments are requested to bring the existing instructions on timely review of suspension and expeditious completion of disciplinary proceedings to the notice all concerned under their control.

(J.A.Vaidyanathann)
Director (Establishment)

Original Order: Click here

Central Civil Services (Classification, Control and Appeal) Rules, 1965- Advice of the UPSC to be communicated to the delinquent Government servant – Amendment

By
igeadmin
-

F. No. 11012/8/2011-Estt.(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi- 110 001 November 19 , 2014

OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965- Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant – Amendment – regarding

The Hon’ble Supreme Court in its judgment on 16.03.2011, while dismissing the Civil Appeal No. 5341 of 2006 in the matter of Union of India & Ors. v/s S. K. Kapoor, had held that it is a settled principle of natural justice that if any material is to be relied upon in departmental proceedings, a copy of the same must be supplied in advance to the charge sheeted employee so that he may have a chance to rebut the same. The Hon’ble Court also observed that there may be a case where the report of the Union Public Service Commission (UPSC) is not relied upon by the disciplinary authority and in that case it is certainly not necessary to supply a copy of the same to the concerned employee. However, if it is relied upon, then a copy of the same must be supplied in advance to the concerned employee, otherwise, there will be violation of the principles of natural justice.

2. The matter was examined in consultation with Department of Legal Affairs and it was decided that in compliance of the above judgement, a copy of the advice of UPSC, if consulted, may be provided to the Charged Officer, before a final decision is taken in disciplinary proceedings. As the UPSC are also consulted in the processes relating to Appeal and Review, it was decided to also extend the benefit of supply of the advice to these cases as well.

3. The rules 15, 16, 17, 19, 27, 29 and 29-A of the Central Civil Service (Classification, Control and Appeal) Rules, 1965, have since been amended vide G.S.R. No. 769(E) dated 31.10.2014. A copy of the Gazette Notification is enclosed. The Notification is also available on the website of this Department at http://persmin.nic.in/DOPT.asp under OM & Orders -> Establishment -> CCS (CCA Rules). There is no change in the procedure upto the stage of consultations with UPSC. The amendment provides that a copy of UPSC advice is to be supplied to the Government servant and his representation, if any, on such advice is to be considered by the Disciplinary/ Appellate/ Revisionary/ Reviewing Authority, as the case may be, before passing the final order.

4. In brief, in the disciplinary cases, where the UPSC are to be consulted, the following procedure should be adopted:

a) The Disciplinary Authority shall forward or cause to be forwarded to UPSC for its advice:

(i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and

(ii) comments on the representation of the Government servant on the Inquiry report and disagreement note, if any, with all the case records of the inquiry proceedings.

b) On receipt of the UPSC advice, the Disciplinary Authority shall forward or cause to be forwarded a copy of the advice to the Government servant who shall be required to submit, if he so desires, his written representation/ submission to the Disciplinary Authority within fifteen days. The Disciplinary Authority shall consider such representation and take action as prescribed in sub-rules (4), (5) and (6) of Rule 15 of CCS (CCA) Rules, 1965.

5. Similarly, in matters relating to Appeal/ Revision/ Review, a copy of the UPSC advice, if consulted, may be supplied to the Government servant and his representation, if any, thereon may be considered by the Appellate/ Revisionary/ Reviewing Authority before passing final orders.

6. All Ministries/ Departments/Offices are requested to bring the revised guidelines to the notice of all concerned authorities under their control.

7. Hindi version will follow.

(J. A. Vaidyanathan)
Director (Establishment)

Original Order: Click here

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