Suspension not a punishment , but should not be resorted as a routine

It is settled principle of law that the appointing authority / disciplinary authority has authority to suspend an employee pending departmental inquiry. However the Apex Court in well known case of " State of Orissa v/s Bimal Kumar Mohanty has held that the order of suspension should be passed after taking into consideration the gravity of the misconduct sought to be inquired and the nature of evidence before the appointing authority/ disciplinary authority and such authority on application of mind pass the order of suspension and then consider whether it is expedient to place the employee under suspension. It should not be administrative routine or automatic order to suspend the employee.

The above said judgement of the supreme court in case Stateof Orissa v/s Bimal Kumar Mohanty is available on this blog in the list of Important judgements under heading " Disciplinary Proceedings-  judgements". Those interested can get the said judgement downloaded.

Revised scheme in the method of induction of State level Officers into IAS/IPS/IFoS- Excellent Opportunity for young talented officers

The Government of India has published the revised scheme in the method of induction of SCS /Non-SCS / SPS / SFoS Officers to IAS,IPS and IFOS.

2. According to the said scheme U.P.S.C. will hold a Common Annual Examination on one single day at UPSC, New Delhi for induction to each of the ALL India Services, viz. IAS, IPS, IFOS. According to the revised scheme the selection will be made considering the marks obtained in the four components viz Written test 30%), length of service (25%), Assessment of ACRs (25%) and interview(20%) for SCS officers and for Non SCS officers Written test (55%), Assessment of ACRs(25%) and interview(20%).

3.The written examination will have following papars

Paper I - Aptitude test (Objective type questions)

Paper II 
-Part A- General Studies (Objective type questions)
 Part B-  State specific and service specific questions (Objective type questions)

Paper III (Only for Non SCS Officers)-   Essay, Comprehension and Essay Type

4. Minimum length of service prescribed is  8 years service in Group A in the state for all the categories.

5. Maximum Age limit will be 54 years.

6. Zone of consideration will be three times the number of vacancies in a State in respect of SCS/SPS/SFoS. In respect of Non SCS officers the screening committee constituted by the State Government for short listing  will the names of officers will forward the names to the Selection committee. The size of the short list will be 5 times of the number of.vacancies.   

7.The revised scheme  provides excellent opportunity to young and talented officers especially in SCS,SPS & SFoS.

8. The above revised scheme is available on this blog at serial no 8 in the list under title " Worth Visiting" .Those interested may get it downloaded.

Ordering fresh/ denovo inquiry in case of disagreemnt with findings of Inquiry officer- Illegal

The disciplinary authority , in case he differs with the findings of inquiry officer, he has to record his tentative findings with the reasons there-for and communicate them along with the Inquiry report and give an opportunity to the delinquent employee to  give his say. After considering the reply the disciplinary authority is to pass the appropriate order imposing the penalty or otherwise. It will be illegal on the part of disciplinary authority to  order a fresh / de novo inquiry just because he does not agree with the findings of Inquiry Officer.  The Supreme court in case of  K.R. Deb v/s  Collector of Central Exercise, AIR 1974 SC 1447 has laid down the said law.

The above said judgement is available on this blog  in the list of Important Judgements under the caption of " Disciplinary Proceedings- Judgements" Those interested can get it downloaded. 

Rules under "The Sexual Harassment at workplace (Prevention, Prohibition and Redressal ) Act 2013" published

The Government of India has enacted has published the Rules under  "The Sexual Harassment at workplace (Prevention, Prohibition and Redressal ) Act 2013" in the  Government Gazette dated  9 th December 2013.

 The copy of the said Act is available on this blog in the material on "sexual harassment at work place " in the column titled "Worth Visiting ". Those who are interested can get it downloaded.

Disciplinary Proceedings to impose Minor penalty & Retirement of Government Servant

As per provisions in Rule 9 of C.C.S.(Pension) Rules 1972,the Central  Government has a right to withhold or withdraw a pension or part thereof permanently or for a specific period also order recovery of pecuniary loss caused to Government, from the pension, if employee is found guilty of grave misconduct or negligence during his service.

The above said Rule also provides that the Departmental proceedings instituted while the employee was in service shall be continued even after his retirement and finalized in the same manner as if the employee had continued in service. The departmental proceedings mentioned here refers only to the proceedings instituted to impose Major Punishment under Rule 14 of  C.C.S.(C.C.A.) Rules 1965 and not proceedings to impose Minor punishment under Rule 16 of the said Rules.

 If  disciplinary proceedings are  initiated to impose minor punishment under Rule 16 of Disciplinary rules during the service, it is obvious that employee is not alleged to have committed grave misconduct or negligence and no action can be taken to withdraw or withheld the pension of an employee as provided in Rule 9 of Pension Rules. Therefore the proceedings initiated to impose minor punishment under Rule 16 of Disciplinary Rules,  will have to be finalized before his retirement. If they could not not be finalized before the retirement, they will have to be dropped and the employee is paid all his pensionary benefits including Gratuity.

A copy  of Ministry of Home Affairs’, Department of Personnel and Administrative Reforms,  O.M. No. 134/10/80-AVD.I dated 28.2.81 clarifying the position is reproduced below.
  
Sub: Minor penalty proceedings pending against Government servants who are due to retire from the service. 
*** 
         The undersigned is directed  to say that sub-rule [1] of Rule 9 of the C.C.S. [Pension] Rules, 1972 confers on the President the right to withhold or withdraw the pension or a part thereof, either permanently or for specified period, and to order recovery from the pension, of the whole or a part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service including service rendered upon re-employment  or retirement.  Sub-rule [2] of this rule provides that the departmental proceedings, referred to in sub-rule [1], if instituted before the retirement of a Govt. servant or during his re-employment shall after his final retirement, be deemed to be proceedings under this rule and shall be continued and concluded.  Accordingly, the minor penalty proceedings and the major penalty proceedings, which are instituted against a Govt. servant while in service and which do not get concluded before the date of retirement, automatically become proceedings under rule 9 ibid.  However, since grave misconduct or negligence cannot be established as a result of minor penalty proceedings, action under Rule 9 ibid for withholding or withdrawing pension etc., cannot be taken against a pensioner, in respect of whom minor penalty proceedings had been instituted while in service but which do not get concluded before retirement and have hence continued after retirement.  Such minor penalty proceedings continued beyond retirement,  therefore, do not literally have any effect on the pensioner in the matter of reducing or withholding of his pension.  The disciplinary authorities under the Department of Agriculture etc., are requested to take note of this position and take steps to see that minor penalty proceedings, initiated against  Govt. servants, who are due to retire, are finalized quickly and in time before the date of retirement, so that the need for continuing such minor penalties proceedings beyond the date of retirement does not arise.   

REVEALING A STORY OF GREAT SHIVAJI

A small country like Vietnam brought​ a Mighty USA to it's knees. President of Vietnam was asked by reporters, how could they achieve that feat ?

He replied that " I read the character & deeds of a great King, who
 inspired me to try his war tactics against the US Forces..and the success  just followed."
 When asked who was the King , he replied "Shivaji. " He further added that "had  such a King been born in Vietnam, we would have ruled the world " After the  death of the said Vietnamese President, he had it inscribed on his  tombstone " Shivaji Maharaja's One Mavla, has achived Samadhi " ( Since  Shivaji's soldiers belonged to Maval region of Maharashtra, they were  called Mavlas )
 A few years later the Vietnamese, Lady Foreign Minister visited India, and  as per SOP conducted to Red Fort and Gandhi's Samadhi. She asked where is  "Shivaji's Samadhi" ? The Govt officials went into a flutter, and replied  that " at Raigadh". She expressed her desire to visit the same. On reaching  the Samadhi at Raigadh, & paying her tributes, she picked up the soil  around the samadhi and and put it into her briefcase. When questioned by
 reporters, she answered " This soil is of land of braves..once I return to  Vietnam, I will mix it with soil of my country, so that brave people like  Shivaji will be born there."

Amendment to C.C.S.(C.C.A.) Rules 1965

                                                F.No.6/2/2013-Estt. (Pay-I) -
                                                    Government of India
                                 Ministry of Personnel, Public Grievances & Pensions
                                          Department of Personnel & Training
                                                     New Delhi, the 10 December, 2013

                                         OFFICE MEMORANDUM

Sub: Notification for amendment of clause (2) of FR 29

The undersigned is directed to say that the FR 29(2) provided that 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 may or may not specify, the period for
which the reduction shall be effective. The Rule 11(vi) of the CCS (CCA) Rules, 1965
relating to this penalty was earlier amended vide the Notification No. F.11012/2/2005-Estt
(A) dated the 2" February, 2010. Vide the Notification No.G.S.R. 263 dated 27 th October,
2013 published in the Gazette of India the FR 29(2) has now been amended, in line with
the amended CCS (CCA) Rules, 1965, as follows:

"(2) If a Government servant is reduced as a measure of penalty to a lower
service, grade or post or to a lower scale, the authority ordering the
reduction shall specify —
(a) the period for which the reduction shall be effective; and
(b) whether, on restoration, the period of reduction shall operate to
postpone future increments and, if so, to what extent.

(3) The Government servant shall regain his original seniority in the higher
service, grade or post on his restoration to the service, grade or post from
which he was reduced".

2. All the Ministries / Departments are requested to bring the contents of the
aforementioned amendment to the notice of all concerned for information and compliance.

3. Any existing provisions in Disciplinary Rules not in consonance with the above
may be amended so that they are not in conflict with the Fundamental Rules.

Encl: As above

                                                                  (Mukesh Chaturvedi)
                                                   Deputy Secretary to the Government of India
                                                                     Tel.: 23093176 

Hand Book for Personnel Officers

Institute of Secretariat Training & Management (Department of Personnel & Training)Hand Book for Personnel Officers. The DOPT has issued many guidelines, orders and instructions relating to various aspects of personnel Policy especially in respect of Recruitment, training, Career  Development and staff welfare. All these orders, instructions and guidelines have been complied in the latest version of Hand Book. This Hand Book will be of great help to all those who are concerned with decision making and all Government servants.

In view of the importance of the Hand Book  it has been uploaded on this blog. Those who are interested can get it downloaded.

Guide to " Right to Information Act 2005, updated version

The Department of Personnel and Training  (DOPT) has recently brought out the updated version of Guide to "Right to Information Act 2005 " . The same will be useful for all the Central Government employees, It is therefore upoladed on this blog. Those who are interested can get it downloaded if they so desire.

Dopt Orders regarding change in the date of Holiday on the occasion of Muharram

MOST IMMEDIATE

F.No. 12/10/2013-JCA-2

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block, New Delhi

Dated the 11th November, 2013

OFFICE MEMORANDUM

Subject: Change in the date of Holiday on the occasion of Muharram -reg.

The Holiday on the occasion of Muharram was listed on Thursday the 14th November, 2013 vide Annexure I of this Department’s O.M. No 12/4/2012-JCA-2 dated 5th June, 2012. This was dependent on sighting of the Moon. It has now been decided that for offices in Delhi / New Delhi, the Holiday on the occasion of Muharram will now be on Friday, the 15th November, 2013 and all Central Government Administrative offices located in Delhi / New Delhi shall remain closed on account of Muharram on 15th November, 2013.

2. Hindi version will follow.

sd/-

(Ashok Kumar)

Deputy Secretary (JCA)

Time limit of 18 months for completion of Departmental inquiry and imposing punishment

                                                           Government of India
                                      Ministry of Personnel, Public Grievances & Pensions
                                               Department of Personnel & Training
***
                                                                                                                  North Block, New Delhi
                                                                                                               Dated: 14th October, 2013
                                          Office Memorandum

Subject: Recommendations of the Committee of Experts on Disciplinary &
Vigilance Inquiries (Hota Committee) - Para 48 of the Committee's
Report on conclusion of major penalty proceedings within a period of 18
months - Acceptance by Government - reg .

The undersigned is directed to say that the Government had appointed a Committee
of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend
measures for their expeditious disposal. The Committee comprised the following:

(i) Shri P.C. Hota, Former Chairman, UPSC Chairman
(ii) Slid Arvind Varma, Former Secretary, DoPT Member
(iii) Shri P. Shankar, former CVC Member.

2. The Expert Committee has, in para 48 of its Report, made the following
recommendation:-

"48. For major penalty Inquiries as envisaged in Article 311(2) of the
Constitution, where the Inquiry Officer has to do a detailed inquiry into the Articles
of Charge by examination of witnesses both of the Presenting Officer and of the
delinquent Government Servant and where relevant documents have to be
examined/exhibited for a just decision in the case, the maximum time could be twelve
months from the date of service of the Articles of Charge before the case records are
referred to the UPSC for advice under Article 320(3)(c) of the Constitution.
Hopefully, if the UPSC takes a maximum period of five to six months to give its
considered advice, the Disciplinary Inquiry for a major penalty can be concluded
within a maximum period of eighteen months from the date of service of Articles of
Charge on the delinquent Government Servant till the date of the final order by the
Disciplinary Authority, after consultation with the UPSC. (Elsewhere in this Report,
we have recommended that the CVC's second stage advice may be dispensed with
because of reasons mentioned by us. We would like to leave it to the best judgment of
the UPSC to devise methods for reducing the time talcen by it in rendering its advice
under Article 320(3) (c) of the Constitution.)".

3. The aforesaid recommendation of the Hota Committee was considered by a
Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary. The CoS has,
inter alia, taken note of the fact that, vide DoPT's 0.M.No.372/19/2011-AVD-111(Pt.1) dated
26th September, 2011, the second stage consultation with the Central Vigilance Commission
has already been dispensed with and that it is only in cases where consultation with UPSC is
not required as per extant rules/instructions, the second stage consultation with CVC is now
necessary. The CoS also took note of the fact that the introduction of a single window system
in the UPSC to accept files regarding major penalty proceedings has led to considerable —
reduction in time taken to conclude major penalty proceedings. The CoS has accordingly
recommended that the recommendation of the Hota Committee in para 48 of its report as
referred to above may be accepted. The recommendation has accordingly been accepted by
the Government and it has been decided that all Ministries/Departments shall ensure that all
major penalty proceedings against government servants under their control are completed and
final orders are passed by the concerned Disciplinary Authority within 18 months from the
date of delivery of charge-sheet on the delinquent government servant.
4. The above decision of the Govenunent is brought to the notice of all
Ministries/Departments for strict compliance.

                                                                                                       (V.M. Rathnam)
                                                                                       Deputy Secretary to the Govt. of India
                                                                                                          Tel: 23094637

Guidelines regarding handling of complaints in Ministries/Departments

No. 104/76/20 1 1-AVD.I

Government of India

Ministry of Personnel & Public Grievances & Pensions

(Department of Personnel & Training)

New Delhi, Dated October 18, 2013

OFFICE MEMORANDUM

Subject;- Guidelines regarding handling of complaints in Ministries/Departments.

The undersigned is directed to say that the instructions regarding dealing with anonymous and pseudonymous complaints as contained in this Department’s CM No. 321/4/91-AVD.III, dated 29th September, 1992 and as reiterated vide DOP&T’s OM No. 371/38/97-AVD.III, dated 3/11/1997, being at variance with instructions issued by CVC in this regard vide circular No.3(V)/99/2 dated 29th June, 1999, No. 98/DSP/9, dated 31st January, 2002 and llth October, 2002, had been receiving the attention of the Government for the past some time.

2. The matter was examined afresh in consultation with the Central Vigilance Commission. Subsequent to the Public Interest Disclosure & Protection of Informers’ Resolution — 2004 (PIDPI), the Commission has created a mechanism for handling complaints where identity of the complainant is kept secret and the complainant is provided protection. This has been endorsed and operationalized by the Central Government with the approval of the competent authority.

3. In view of the fact that complainants who desire to protect their identity now have the protection of the Public Interest Disclosure & Protection of Informers’ Resolution — 2004 (PIDPI), the following procedure is laid down for handling anonymous and pseudonymous complaints, in supersession of instructions contained in DoP&T’s OM No. 32 1/4/91- AVD.III dated 29th September, 1992:

(i) No action is required to be taken on anonymous complaints, irrespective of the nature of allegations and such complaints need to be simply filed.

(ii) Complaints containing vague allegations could also be filed without verification of identity of the complainant.

(iii) If a complaint contains verifiable allegations, the administrative / Ministry/Department may take cognizance of such complaint with the approval of the competent authority to be designated by the Ministry/Department, as per their distribution of work. In such cases, the complaint will be first sent to the complainant for owning/disowning, as the case may be. If no response is received from the complainant within 15 days of sending the complaint, a reminder will be sent. After waiting for 15 days after sending the reminder, if still nothing is heard, the said complaint may be filed as pseudonymous by the Ministry/Department.

4. Instructions contained in para-3 above would also be applicable (with appropriate competent authority to be designated under para 3 (iii) above) for dealing with complaints against Secretaries to the Government of India or Chief Executives / CMDs / Functional Director of PSEs/PSBs/FIs, which will continue to be referred to the Cabinet Secretariat for placing before the Group of Secretaries headed by the Cabinet Secretary/Secretary (Co ordination) in the Cabinet Secretariat, as the case may be, as per procedure given in Department’s OM No. 104/ 100/2009-AVD.I, dated 14/1/2010 and DPE’s OM No. 15(1)/2010-DPE(GM), dated 11/3/2010, as amended from time to time.

Sd/-

(G. Srinivasan)

Under Secretary to the Government of India

Hand Book for Inquiry Officers & Disciplinary Authrities

The Institute of Secretariat Training & Management ( Department Of Personnel & Training ) , Government Of India has very recently published a Hand book for Inquiry officers & Disciplinary Authorities.This is a book which covers all the aspects relating to  Disciplinary Proceedings and will be  a very useful  book for all the Central Government Employees and especially for Inquiry officers and the Disciplinary authorities.

The above said hand book is available on " gconnect.in", a community website for government officers from where it can be downloaded.

This book is also available on this blog as well. 

*Courtesy- The Institute of Secretariat Training & management, D.O.P.T.G.O.I. & gconnect.in, website for govt. Officers)

DEARNESS RELIEF FROM JULY 2013 FOR CENTRAL GOVERNMENT PENSIONERS AND FAMILY PENSIONERS INCREASED TO 90% AT PAR WITH CENTRAL GOVERNMENT EMPLOYEES

F. No. 42/13/2012-P&PW(G)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi – 110003

Date: 3rd Oct, 2013

OFFICE MEMORANDUM

Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners - Revised rate effective from 1.7.2013.

The undersigned is directed to refer to this Department’s OM No.42/13/2012-P&PW(G) dated 2nd May, 2013 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief (DR) payable to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 80 % to 90%0 w.e.f. 1stJuly, 2013.

2. These orders apply to (i) All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners and (v) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan and are in receipt of ad-hoc ex-gratia allowance of Rs. 3500/- p.m. in terms of this Department’s OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department’s OM No. 23/3/2008-P&PW(B) dated 15.9.2008.

3. Central Government Employees who had drawn lump sum amount on absorption in a PSU/Autonomous body and have become eligible to restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department’s OM No. 4/59/97-P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 90% w.e.f. 1.7.2013 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lump sum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the O.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM No.4/29/99-P&PW (D) dated. 12.7.2000 refer.

4. Payment of DR involving a fraction of a rupee shall be rounded off to the nexthigher rupee.

5. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45/73/97-P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F. No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension, will remain unchanged.

6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

8. The offices of Accountant General and Authorised Public Sector Banks are requested to arrange payment of relief to pensioners etc. on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-11 dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

9. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.

10. This issues with the concurrence of Ministry of Finance, Department of Expenditure conveyed vide their OM No. 1(4)/EV/2004 dt. 1st Oct, 2013.

11. Hindi version will follow.

sd/-

(Charanjit Taneja)

Under Secretary to the Government of India

GRANT OF NON-PRODUCTIVITY LINKED BONUS (AD-HOC BONUS) TO CENTRAL GOVERNMENT EMPLOYEES FOR THE YEAR 2012-13

No.7/24/2007/E III (A)

Government of India

Ministry of Finance

Department of Expenditure

E III (A) Branch

New Delhi, the 27th September, 2013

OFFICE MEMORANDUM

Subject: - Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2012-13.

   The undersigned is directed to convey the sanction of the President to the grant of Non-Productivity Linked Bonus (Ad-hoc Bonus) equivalent to 30 days emoluments for the accounting year 2012-13 to the Central Government employees in Groups C’ and D and all non-gazetted employees in Group ‘B’, who are not covered by any Productivity Linked Bonus Scheme. The calculation ceiling for payment of ad-hoc Bonus under these orders shall continue to be monthly emoluments of Rs. 3500/-, as hitherto. The payment of ad-hoc Bonus under these orders will also be admissible to the eligible employees of Central Para Military Forces and Armed Forces. The orders will be deemed to be extended to the employees of Union Territory Administration which follow the Central Government pattern of emoluments and are not covered by any other bonus or ex-gratia scheme.

   2. The benefit will be admissible subject to the following terms and conditions:

   (i) Only those employees who were in service as on 31.3.2013 and have rendered at least six months of continuous service during the year 2012-13 will be eligible for payment under these orders. Pro-rata payment will be admissible to the eligible employees for period of continuous service during the year from six months to a full year, the eligibility period being taken in terms of number of months of service (rounded off to the nearest number of months).

   (ii) The quantum of Non-PLB (ad-hoc bonus) will be worked out on the basis of average emoluments/calculation ceiling whichever is lower. To calculate Non-PLB (Ad-hoc bonus) for one day, the average emoluments in a year will be divided by 30.4 (average number of days in a month). This will thereafter be multiplied by the number of days of bonus granted. To illustrate, taking the calculation ceiling of monthly emoluments of Rs. 3500 (where actual average emoluments exceed Rs. 3500), Non-PLB (Ad-hoc Bonus) for thirty days would work out to Rs. 3500×30/30.4=Rs.3453.95 (rounded off to Rs.3454/-).

   (iii) The casual labour who have worked in offices following a 6 days week for at least 240 days for each year for 3 years or more(206 days in each year for 3 years or more in the case of offices observing 5 days week), will be eligible for this Non-PLB (Ad-hoc Bonus) Payment. The amount of Non-PLB (ad-hoc bonus) payable will be (Rs.1200×30/30.4 i.e.Rs.1184.21 (rounded off to Rs.1184/-). In cases where the actual emoluments fall below Rs.1200/- p.m., the amount will be calculated on actual monthly emoluments.

   (iv) All payments under these orders will be rounded off to the nearest rupee.

   (v) The clarificatory orders issued vide this Ministry’s OM No.F.14 (10)—E. Coord/88 dated 4.10.1988, as amended from time to time, would hold good.

   3. The expenditure on this account will be debitable to the respective Heads to which the pay and allowances of these employees are debited.

   4. The expenditure incurred on account of Non-PLB (Ad-hoc Bonus) is to be met from within the sanctioned budget provision of concerned Ministries/Departments for the current year.

   5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General of India.

Sd/-

(Amar Nath Singh)

Deputy Secretary to the Govt. of India

Constitution of 7 th pay Commission for Central Government Emplyees

THE GOVERNMENT OF INDIA HAVE DECIDED

 TO SET UP THE 7 TH PAY COMISSION TO 

CONSIDER THE REVISION OF PAY SCALES OF

 CENTRAL GOVERNMENT EMPLOYEES.  THE

NAMES OF  CHAIRMAN AND MEMBERS OF THE  

 COMMISSION ARE LIKELY TO BE ANNOUNCED

 SHORTLY.

THE RECOMMENDATIONS OF THE

COMMISSION ARE LIKELY TO BE

 IMPLEMENTED FROM 1-1-2016    

Eligibility of widowed/divorced daughters for grant of family pension - clarification regarding.

I
                                     No.1/13/09-P&PW (E)
                      Government of India
            Ministry of Personnel, P.G. & Pensions
        Department of Pension & Pensioners' Welfare
                     3rdFloor, Lok Nayak Bhawan,
                       Khan Market, New Delhi,
                                                                                                                                        11thSeptember, 2013.

OFFICE MEMORANDUM

Sub: Eligibility of widowed/divorced daughters for grant of family pension - clarification
regarding.

Provision for grant of family pension to a widowed/divorced daughter beyond the age of
25 years has been made vide OM dated 30.08.2004. This provision has been included in clause
(iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972. For settlement of old cases, it was
clarified, vide OM dated 28.04.2011, that the family pension may be granted to eligible
widowed!divorced daughters with effect from 30.08.2004, in case the death of the Govt.
Servant/pensioner occurred before this date.
2. This Department has been receiving communications from various Ministries/
Departments seeking clarification regarding eligibility of a daughter who became widowed!
divorced after the death of the employee/pensioner.
3. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried
children below 25 years of age comes after the death or remarriage of their mother/father, i.e.,
the pensioner and hislher spouse. Thereafter, the family pension is payable to the disabled
children for life and then to the unmarried/widowed/divorced daughters above the age of 25
years.
4. It is clarified that the family pension is payable to the children as they are considered to
be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning
equal to or more than the sum of minimum family pension and dearness relief thereon is
considered to be dependent on hislher parents. Therefore, only those children who are dependent
and meet other conditions of eligibility for family pension at the time of death of the
Government servant or hislher spouse, whichever is later, are eligible for family pension. If two
or more children are eligible for family pension at that time, family pension will be payable to
each child on hislher turn provided he/she is still eligible for family pension when the turn
comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfils
all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn
to receive family pension comes.
5. As regards opening of old cases, a daughter if eligible, as explained in the preceding
paragraph, may be granted family pension with effect from 30th August, 2004. The position is
illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife,
Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D
married in 1990 and got widowed in 1996. Smt. B died in 2001. Thereafter, Shri C was getting
family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as
Kumari D was not eligible for it at that time. She applied for family pension on the basis of
O.M., dated 30th August, 2004. Since she was a widow and had no independent source of income•
at the time of death of her mother and on the date her turn came, she may be granted family
pension. The family pension will continue only till she remarries or starts earning her livelihood
equal to or more than the sum of minimum family pension and dearness relief thereon.
6. This is only a clarification and the entitlement of widowed/divorced daughters would
continue to be determined in terms of O.M., dated 25/30th August, 2004, read with O.M., dated
28.4.2011.
(D.K. Solanki)
Under Secretary to the Government of India
Tel. No. 24644632
1. All Ministries/Departments of the Government of India
2. % The Comptroller & Auditor General of India
3. % The Controller General of Accounts, Lok Nayak Bhavan, New Delhi.
4. Pensioners' Associations as per list maintained in the Department
5. All OfficerslDesks

Disciplinary Action against Judicial Officers

Last week Yashvantrav Chavan Academy of Development Administration ,pune in collaboration with Maharashtra Judicial Academy had organized a training programme in which  I had an opportunity to address the newly recruited judicial officers viz. Judicial Magistrates, on the topic of " Departmental Inquiry". During my talk I had referred the following important judgements  of  the Supreme Court/ High Court relating to topics related to Deapartmental Inquiry in the following cases.

1) Union Of India V/S P. Parmeswaran Madras High Court judgement date 10 th January 2008.

2) Yoginath Bagde V/S State Of Maharashtra  AIR    1999 SC 3734

3) Samsher Sing V/S State of Punjab, 1974 AIR   2192

4) Union Of India V/S K.K.Dhavan, 1993 AIR 1478

5) State Of Haryana V/S Inder Prakash Anand 1976  AIR 1841

All the above said judgements are now made available on this blog  under the title of "Important Judgements" ( Serial no. 12 to 16 in the list). They can be got downloaded, if required.

The copies of these judgements are being sent to the concerned participants of the training programme.

10% D.A.Hike for Central Government employees/ Pensioners

Government of India announced 10% hike in dearness allowance for Central government employees. w.e.f. 1st July 2013.This hike is also admissible for central Government pensioners.. This  decision  will benefit abot 50 lakh employees and 30 lakh pensioners.

180 DAYS OF MATERNITY LEAVE AND 730 DAYS OF CHILD CARE LEAVE TO WOMEN IN ALL GOVERNMENT DEPARTMENTS AND PSUS- PARLIAMENTARY PANEL

Parliamentary Panel which was formed to study on presence of women in government departments and PSUs as well as facilities granted to them, has opined that no uniform rules are being followed in government departments as far as Maternity leave and Child Care Leave are concerned granted to Women Employees working in various Government Departments and Organisations.

The Committee has also reported that presence of women employees in Government departments is as low as 10.04%

The Committee has recommended that 180 days of Maternity Leave and 730 days ofChild Care Leave to Women in all Government Departments and PSUs are to be ensured.

The committee headed by Congress MP Shantaram Naik, has mooted out “flexible timings” for female employees, especially young mothers, so that organizations can retain talent.

This news has been reported in Times of India. Extract of said report is as follows

There are no uniform rules for female employees in government departments and organizations and they are treated by varying yardsticks when it comes to essential benefits like maternity and child care leave (CCL).

Dismayed after finding that maternity leave can vary from 90 to 135 days, a parliamentary panel has suggested that all government departments and organizations should ensure 180 days of leave for their women employees.

The panel found many organizations grant 90, 85 or 135 days of maternity leave. It has said child care leave (CCL) of 730 days must be granted with pay to women employees across the board in government.

The committee was also distressed by the low presence of women employees in government organizations. “It is disheartening to observe that it is significantly low…10.04% as per the 2012 census of central government employees,” the panel said. The representation is particularly poor in semi-urban and rural areas.

The standing committee on law, personnel and public grievances on the ‘status of women in government employment and in public sector undertakings’ was unhappy that while a majority of the organizations do grant CCL, but they do so without pay.

For example, Mahanandi Coalfields Ltd gives CCL to female employees working as executives but not for non-executive category. In Cochin Shipyard Ltd, CCL is not granted since there is no specific direction from the department of public enterprises.

The policy has been discontinued in Mormugao Port Trust even though CCL benefits have been extended to all civilian female industrial employees in government since September, 2008. But many women employees hesitate to avail the leave, if granted without pay.

Introduction of “flexible timings” for female employees, especially young mothers, so that organizations can retain talent has been mooted by the committee headed by Congress MP Shantaram Naik as the panel found household responsibilities as a major reason for attrition among women employees.

The government has been asked to explore the policy on “staggered working hours” or “work at home” for female employees. The panel was informed that the recommendation of Sixth Pay Commission regarding staggered working hours was not accepted by the government.

Single women should be given postings closest to their hometown or places of their choice, the panel said. “It should be mandatorily ensured,” it said, adding that this “pertinent factor” should be kept in mind during allocation of postings by department heads.

The provision for giving same station posting to couples may be given statutory backing, the panel recommended as it found the instruction is not always adhered to.

Women employees who travel beyond office hours should be provided with security and proper transport by the employer in order to ensure their safety, the committee said.

The panel also noted that action taken on complaints of sexual harassment at workplaceis “not satisfactory”. It felt merely transferring a delinquent employee to a different branch or station is inadequate and strict disciplinary action is needed. “The punishment has to be deterrent for prospective offenders,” the panel said.

Source : Times of India

Disclosure of Personal information under RTI Act 2005

No.11/2/2013-IR (Pt.)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

North Block, New Delhi,

Dated the 14th August 2013

OFFICE MEMORANDUM

Subject: Disclosure of personal information under the RTI Act, 2005.

The Central Information Commission in one of its decisions (copy enclosed) has held that information about the complaints made against an officer of the Government and any possible action the authorities might have taken on those complaints, qualities as personal information within the meaning of provision of section 8 (1) (j) of the RTI Act, 2005.

2. The Central Information Commission while deciding the said case has cited the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC and others (SLP (C) no. 27734/2012) in which it was held as under:-

“The performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression personal information, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual." The Supreme Court further held that such information could be disclosed only if it would serve a larger public interest.

3. This may be brought to the notice of all concerned.

End: As above.

sd/-

(Manoj Joshi)

Joint Secretary (AT&A)

EXTENSION OF TIME-LIMIT TO RE-EXERCISE OPTION WHOSE INCREMENT WAS DURING FEB-06 TO JUNE-06.

EXTENSION OF TIME-LIMIT TO RE-EXERCISE OPTION WHOSE INCREMENT WAS DURING FEB-06 TO JUNE-06.

1. Officers meeting the following conditions have been given opportunity to re-exercise option as per the form attached:

i. The officer’s DNI (Date of Next Increment) as per Vth CPC fall between Feb 2006 and June 2006 and

ii The officer had exercised an option to switch over to the revised pay structure (VIth CPC) from the date of increment instead of 01/01/2006.

2. The last date to re-exercise this option is 31/07/2013.

3. Officers exercising this option will be entitled to the following :

i. One increment in pre-revised scale on 01/01/2006.

ii. The pay will be fixed in revised Pay Structure (VIth CPC) from 01/01/2006.

iii Annual increment on 01/07/2006.

The officers who are affected as above are requested to exercise the option without any delay.

FORM OF OPTION

(i) I, No.____________________ , Rank ______________________Name___________________________________________________ hereby elect the revised pay structure with effect from 01 Jan, 2006.

(ii) I, No. ______________________, Rank_______________________________Name__________________________________________________ hereby elect to continue in the existing scale of pay of my substantive rank mentioned below until.

*the date of my next increment the date of my subsequent increment raising my pay to Rs.__________

I vacate or cease to draw pay in the existing scale.

Existing scale Rs.____________

Signature
    Name (in Block letters)_____________
Rank_____________
Personal Unit_____________

Date
Station

*To be scored out if not applicable

Courtesy- CGEN.in

Recovery of excess payment of emoluments / allowances from the employee --- Can it be made ?

The Supreme Court referring to the earlier judgements has reiterated that no recovery of excess payment of emoluments / allowance can be made if 1) the excess payment was not made on account of any misrepresentation or fraud on the part of employee and 2) if the excess payment was  made by the employer by applying a wrong principle for calculating the pay /allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous. The court has further stated that if in a given case, it is proved the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment, the courts may on the facts and circumstances of any particular case may order the recovery of the amount paid in excess.

This important judgement has been made available on this blog under the title " Disciplinary Proceedings-- Important Judgments"
( S.N. 11 in the list) The said judgement can be got downloaded, if required. 

All the Government employees (including the pensioners) are advised to download and go through the said judgemnt.

Obtaining signature in Service Book every year reg.

Updation of service books and its inspection by each employee. : SR 202 (Inspection of Service Book) says,every head of Office has to initiate action to show the service book to the government servant concerned every year and to obtain his signature there in token of their having inspected / seen the Service Book.

EMPLOYEES PROVIDENT FUND ORGANISATION

(Ministry of Labour and Employment, Govt. of India)

No. HRM/RPFC/PA/CPFC Meeting/2013/7493

Dated: 15.07.2013 / 17 JUL 2013

To 

Director, NATRSS,

All Addl. CPFCs.

All Regional P.F.Commissioners (ROs/SROs - including RPFC(ASD))

Subject: Updation of service books and its inspection by each employee.

Sir,

You are aware that under SR 199 every step in the career of an official / officer should he recorded in the service book and each entry is attested by the Head of the Office / officer so authorized to ensure accuracy in the entries.

2. Further, under SR 202 the updated service book is required to be shown to official / officer every year. The government servant after ensuring the accuracies of each entry affixes his / her signature.

3. In view of the above, it is requested to carry out an exercise towards updation of service book and its mandatory inspection by respective employees. The head of the offices maintaining the service hooks of employees must give a certificate that Service books of all employees in his office has been updated and the signatures of respective employees have been obtained in the service book.

4. This exercise needs to be completed by 15.08.2013.

(This issues with the approval of ACC(HR) ).

Yours faithfully,

sd/-

(UDAY BAXI)

REGIONAL P.F. COMMISSIONER(HRM)