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