Monday, December 1, 2014
Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the UPSC to be communicated to the delinquent Government servant – Amendment – regarding.
The Disciplinary Authority shall forward or cause to be forwarded to UPSC for its advice:
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
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.
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
North Block, New Delhi- 110 001
Dated November 19th, 2014
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)
Dopt decided to include ‘Autism’ in the term ‘disabled’ – Exemption from transfer
The autism spectrum disorder child requires constant caregiver support and it would be imperative for the Government employees to take care of their autism spectrum disorder child on continuous basis, it has been decided to include ‘Autism’ in the term ‘disabled’, as defined in Para 3 of the above-mentioned O.M. dated 06.06.2014
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 17th November. 2014
Sub: Posting of Government employees who have differently abled dependents – reg.
The undersigned is directed to refer to this Department’s OM of even number dated 06.06.2014 (copy enclosed) exempting a Government employee, who is also a care giver of disabled child, from the routine exercise of transfer/rotational transfer subject to the administrative constraints. The word ‘disabled’ includes (i) blindness or low vision (ii) hearing impairment (iii) locomotor disability or Cerebral Palsy (iv) leprosy cured (v) mental retardation (vi) mental illness and (vii) multiple disabilities.
2. The matter regarding the scope of ‘disabled’ has been examined in consultation with the Department of Disability Affairs. Considering the fact that the autism spectrum disorder child requires constant caregiver support and it would be imperative for the Government employees to take care of their autism spectrum disorder child on continuous basis, it has been decided to include ‘Autism’ in the term ‘disabled’, as defined in Para 3 of the above-mentioned O.M. dated 06.06.2014.
3. This issues with the approval of the MoS (PP).
4. All the Ministries/Departments, etc. are requested to bring these instructions to the notice of all concerned under their control.
Deputy Secretary to the Govt. of India
Friday, November 21, 2014
Life Certificate for retired employees to be submitted in November every year.
Until about a few years ago, pensioners had to go to their respective banks in order to withdraw their monthly pensions. Usually there would always be some clerical glitches or delays in distributing the pension funds causing immense hardship to the pensioners. In order to rectify this hurdle, the Government began distributing pension via ATM cards through their respective banks. Pensioners didn’t have to go to the banks anymore to collect their pensions. But, once every year, they are required to go to the banks in person, sign and withdraw the pensions.
Thursday, November 20, 2014
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with 3% annual increment
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