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Thursday 24 April 2014

RTP CASE- UPDATE

RTP CASE HAS BEEN POSTED TO 17.07.2014 IN THE PR.CAT,DELHI. DEPT NOT YET FILED ITS REPLY .

Maintain uniformity in format of Life Certificate & Other Certificates submitted by Pensioners: CPAO to Bank

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Registration of Government employees aged 60 years and above under National Pension System (NPS)

CIRCULAR

PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY

22 April, 2014

PFRDA/2014/3/PDEX/12

Subject: Registration of Government employees aged 60 years and above under National Pension System (NPS)

The Authority has been receiving several requests from various governments (central & state) to approve the registration of subscribers under National Pension System (NPS) who are aged 60 years and above and which are being approved on case by case basis by PFRDA at present.

Keeping in view of the difficulties being faced by subscribers, now the Authority has decided to enroll all eligible Government employees (central & state) who are on the rolls of the government in to NPS, irrespective of the age at the time of entry, subject to the condition that the total period of contribution to NPS account shall not be more than 42 years. The NPS applications of such subscribers need to be submitted through the appropriate nodal officer of the Govt/ Deptt, in line with the procedure adopted for NPS registration for Government employees aged below 60 years. Also, the responsibility for ensuring that the employee is eligible for being covered under NPS and that the NPS contribution is not paid beyond 42 years during the entire service period for such an employee, lies with the department submitting the subscriber registration form.

This is for the information of all concerned.

Sd/-

Venkateswarlu Peri

General Manager

Source : www.pfrda.org.in

[http://www.pfrda.org.in/writereaddata/linkimages/Registration%20of%20Govt%20employees%20aged%2060%20years%20and%20above763537413.pdf]

Railway Minister has written a DO letter to Finance Minister for abolishing NPS

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PALAKKAD DIVISION (KERALA) CONFERENCE - 18-04-2014

Sachin Tendulkar celebrates 41st birthday by casting vote

Sachin Tendulkar The Bharat Ratna awardee, who is also a Rajya Sabha MP, then celebrated his birthday at his residence in Mumbai. This is Sachin's first birthday after he quit all forms of cricket last year. (PTI)

Sachin Tendulkar receives his Bharat Ratna from President of India Pranab Mukherjee. (IE Photo: Neeraj Priyadarshi)

Source : http://indianexpress.com/

Abolish the New Pension Scheme from Indian Railway: Railway Minister's DO letter to Finance Minister

Hon'ble Minister for Railways Sh. Malikarjun Kharge has written a D.O. Letter to Minister for Finance regarding abolition of New Pension System from India Railways. The text of the said letter, which has been published by AIRF, is reproduced below:-

MALLIKARJUN KHARGE

MINISTER FOR RAILWAYS

GOVERNMENT OF INDIA

NEW DELHI

No. 2012/F(E)III/1/4-Part

29 March, 2014.

Dear Shri P. Chidambaram ji,

Through this letter, I wish to draw your attention to a long standing demand raised by both Staff Federations of Railways on National Pension Scheme (NPS) for employees of Indian Railways. The Federations have been expressing resentment over operation in the Railways of the National Pension Scheme, which is perceived as a lower social security cover for Railway employees. Their contention is that there are enough grounds for Railway employees to be treated differently from other civil employees of the Government, and that Indian Railways should operate the traditional defined .benefit pension scheme available to pre-01-01-2004 appointee's.

You will recall that a few organizations/categories of Government employees were specifically exempted from the purview of NPS on consideration of special, riskier and more onerous nature of duties. The Federations have been drawing parallel with of nature of duties performed by most categories of Railway employees with those in the Armed Forces. They contend that during British period, Railways was conceived and operated as an auxiliary wing of the Army. It was also realized that by virtue of its complex nature, Railways required a high level of discipline and efficiency to be able to perform its role as the prime transport mode. Railways is an operational organization required to be run round the clock through the year. Railway employees have to work in inhospitable conditions, braving extreme weather, unfriendly law and order scenario, and inherent risks associated with the Railway operations itself. As in the Armed Forces, many have to stay away from their families for long periods while performing duties in areas where adequate facilities are lacking.

I feel that there is considerable merit in the contention of the Staff Federations. Besides the critical and complex nature of duties of Railway employees, the hazards involved are also high. Despite best efforts for enhanced safety measures, a large number of Railway employees lose their lives or meet with serious injuries in the course of performance of their duties each year.

During the period 2007-08 to October 2011, the number of Railway employees killed during the course of their duty has been more than number of passengers/other members of public killed in Rail related accidents including accidents at unmanned level crossings. While the nature of duties of Railway employees is inherently high risk during peace time, they also perform functions of critical importance during war time and times of natural calamities, in moving men and materials across the country to maintain supply of essential commodities and safeguard integrity of the nation.

In my view, there are adequate grounds for the Government to consider exemption for Railway employees from the purview of NPS. The implications of this would be that Government expenditure would reduce over the next few years through discontinuance of Government Contribution under the NPS, but the long term liabilities would increase, as financial commitments in the defined benefit pension scheme would be higher. Since Railways are required to meet the pensionary outgo from their internal resources, switch over to defined benefit pension scheme would call for a more systematic provisioning under the Pension Fund through appropriate revenue generating measures. With Rail Tariff Authority on the horizon, I believe that this would be possible.

In the light of the above, I suggest that our request for exemption from operation of the NPS be considered sympathetically and necessary approvals communicated.

A copy of each demands raised by the two Federations is enclosed.

With regards,

Yours sincerely,

/sd/

(Mallikarjun Khagre)

Shri P. Chidambaram, Finance Minister,

Government of India, North Block,

New Delhi-110001.

Original/Source: http://www.airfindia.com

The Central Civil Services (Classification, Control & Appeal) Rules, 1965 - ( RULE 10. SUSPENSION:)

RULE 10.  SUSPENSION:

Government of India Decisions

(1) Report of arrest to superiors by Government servants:-

It shall be the duty of the Government servant who may be arrested for 
any reason to intimate the fact of his arrest and the circumstances 
connected therewith to his official superior promptly even though he 
might have subsequently been released on bail. On receipt of the 
information from the person concerned or from any other source the 
departmental authorities should decide whether the fact and 
circumstances leading to the arrest of the person call for his 
suspension. Failure on the part of any Government servant to so inform 
his official superiors will be regarded as suppression of material 
information and will render him liable to disciplinary action on this 
ground alone, apart from the action that may be called for on the 
outcome of the police case against him.

[MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955]

State Governments have also been requested to issue necessary 
instructions to Police authorities under their control to send prompt 
intimation of arrest and/or release on bail etc. of Central Government 
servant to the latter’s official superiors.

(2) Headquarters of Government servant under suspension.

A question recently arose whether an authority competent to order the 
suspension of an official has the power to prescribe his headquarters 
during the period of suspension. The matter has been examined at length 
in this Ministry and the conclusions reached are stated in the following
 paragraphs.

2. An officer under suspension is regarded as subject to all other 
conditions of service applicable generally to Government servants and 
cannot leave the station without prior permission. As such, the 
headquarters of a Government servant should normally be assumed to be 
his last place of duty. However, where an individual under suspension 
requests for a change of headquarters, there is no objection to a 
competent authority changing the headquarters if it is satisfied that 
such a course will not put Government to any extra expenditure like 
grant of T.A. etc. or other complications.

3. The Ministry of Finance/etc. may bring the above to the notice of all concerned.

[M.H.A. O.M. No. 39/5/56-Ests. (A) dated the 8th September, 1956]

(3) How suspension is to be regulated during pendency of criminal proceedings, arrests, detention etc.

The case of suspension during pendency of criminal proceedings or 
proceeding for arrest, for debt or during detention under a law 
providing for preventive detention, shall be dealt with in the following
 manner hereafter:-

(a) A Government servant who is detained in custody under any law 
providing for preventive detention or a result of a proceeding either on
 a criminal charge or for his arrest for debt shall if the period of 
detention exceeds 48 hours and unless he is already under suspension, be
 deemed to be under suspension from the date of detention until further 
orders as contemplated in rule 10 (2) of the Central Civil Services 
(Classification, Control and Appeal) Rules, 1965. Government servant who
 is undergoing a sentence of imprisonment shall be also dealt with in 
the same manner pending decision on the disciplinary action to be taken 
against him.

(b) A Government servant against whom a proceeding has been taken on a 
criminal charge but who is not actually detained in custody (e.g., a 
person released on bail) may be placed under suspension by an order of 
the competent authority under clause (b) of Rule 10 (1) of the Central 
Civil Services (Classification, Control and Appeal) Rules, 1965. If the 
charge is connected with the official position of the Government servant
 or involving any moral turpitude on his part, suspension shall be 
ordered under this rule unless there are exceptional reasons for not 
adopting this course.

(c) A Government servant against whom a proceeding has been taken for 
arrest for debt but who is not actually detained in custody may be 
placed under suspension by an order under clause (a) of Rule 10 (1) of 
the Central Civil Services (Classification, Control and Appeal) Rules, 
1965 i.e., only if a disciplinary proceeding against him is 
contemplated.

(d) When a Government servant who is deemed to be under suspension in 
the circumstances mentioned in clause (a) or who is suspended in 
circumstances mentioned in clause (b) is re-instated without taking 
disciplinary proceedings against him, his pay and allowances for the 
period of suspension will be regulated under FR 54 i.e., in event of his
 being acquitted of blame or if the proceedings taken against him was 
for his arrest for debt or it being proved that his liability arose from
 circumstances beyond his control or the detention being held by any 
competent authority to be wholly unjustified, the case may be dealt with
 under FR 54 (2), otherwise it may be dealt with under FR 54 (3).

[M.O.F. No. F.15(8)-E IV/57, dated 28th March, 1959]

(4) Circumstances under which a Government servant may be placed under suspension –

Recommendation No. 61, contained in paragraph 8.5 of the report of the 
Committee on Prevention of Corruption, has been carefully considered in 
the light of the comments received from the Ministries. It has been 
decided that public interest should be guiding factor in deciding to 
place a Government servant under suspension, and the disciplinary 
authority, should have discretion to decide this taking all factors into
 account. However, the following circumstances are indicated in which a 
Disciplinary Authority may consider it appropriate to place a Government
 servant under suspension. 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 Government servant is likely
 to seriously subvert discipline in the office in which the public 
servant is working;

(iii) Where the continuance in office of the Government servant will be 
against the wider public interest [other than those covered by (1) and 
(2)] 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 Government 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.

NOTE:

(a) 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.

(b) Certain types of misdemeanor where suspension may be desirable in the four circumstances mentioned are 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.

[MHA OM No. 43/56/64-AVD dated the 22nd October, 1964]

(5) Forwarding of Application of Government servants involved in disciplinary proceedings:

A case has come to the notice of this Ministry in which the application 
of a Government servant against whom departmental proceedings were 
pending was forwarded for an assignment under an international 
organisation. The propriety of such an action has been considered 
carefully and the following decisions have been taken:-

(a) Cases of Government servants who are under suspension or against whom departmental proceedings are pending:-

Applications of such Government servants should not be forwarded, nor 
should they be released, for any assignment, scholarship, fellowship, 
training, etc. under an international agency / organisation or a foreign
 Government. Such Government servants should also not be sent or allowed
 to go on deputation or Foreign Service to posts under an authority in 
India.

(b) Cases of Government servants on whom the penalty of withholding 
of increments or reduction to a lower stage in a time-scale or to a 
lower time scale or to a lower service, grade or post has been imposed:-

Applications of such Government servant should not be forwarded, nor 
should they be released during the currency of the penalty, for any 
assignment under international agency/organisation or a foreign 
Government. Such Government servants should also not be sent or allowed 
to go, during the currency of the penalty, on deputation or Foreign 
Service to posts under an authority in India. Even after the expiry of 
the penalty, it will have to be examined, having regard to the nature of
 the offence and the proximity of its occurrence, whether the Government
 servant concerned should be permitted to go on foreign 
assignment/deputation to another Department/Foreign Service to an 
authority in India.

[MHA OM No. 39/17/63-Ests. (A) dated the 6th September, 1968]

(5A) Forwarding of applications for other posts – Principles regarding –

The question regulating the forwarding of applications to the 
Ministries/Departments/other Government offices or to the UPSC from 
candidates serving under the Government has been reviewed.

2. It has been decided to consolidate the instructions on the subject. 
Therefore, the following instructions in supersession of the 
instructions contained in this Department’s OMs No. 11012/10/75-Estt. 
(A) dated 18.10.1975 and No. 42015/4/78-Estt. (C) dated 01.01.1979 are 
issued for guidance of all the Administrative Authorities.

3. Application of a Government servant for appointment, whether by 
Direct Recruitment, transfer on deputation or transfer, to any other 
post should not be considered/forwarded if:-

(i) He is under suspension; or

(ii) Disciplinary proceedings are pending against him and a charge sheet has been issued; or

(iii) Sanction for prosecution, where necessary has been accorded by the competent authority; or

(iv) where a prosecution sanction is not necessary, a charge sheet has 
been filed in a court of law against him for criminal prosecution.

4. When the conduct of a Government Servant is under investigation (by 
the CBI or by the controlling Department) but the investigation has not 
reached the stage of issue of charge sheet or prosecution sanction or 
filing of charge-sheet for criminal prosecution in a court, the 
application of such a Government servant may be forwarded together with 
brief comments on the nature of allegations and it should also be made 
clear that in the event of actual selection of the Government servant, 
he would not be released for taking up the appointment, if by that time 
charge sheet for imposition of penalty under CCS (CCA) Rules, 1965 or 
sanction for prosecution is issued or a charge sheet is filed in a court
 to prosecute the Government Servant, or he is placed under suspension.

5. Where Government servants apply directly to UPSC as in the case of 
direct recruitment, they must immediately inform the Head of their 
office/Department giving details of the examination/post for which they 
have applied, requesting him to communicate his permission to the 
Commission directly. If, however, the Head of the Office/Department 
considers it necessary to withhold the requisite permission, he should 
inform the Commission accordingly within 45 days of the date of closing 
for receipt of applications. In case any situation mentioned in para 3 
is obtaining, the requisite permission should not be granted and UPSC 
should be immediately informed accordingly. In case a situation 
mentioned in para 4 is obtaining, action may be taken to inform UPSC of 
this fact as also the nature of allegations against the Government 
servant. It should also be made clear that in the event of actual 
selection of Government servant, he would not be relieved for taking up 
the appointment, if the charge sheet/prosecution sanction is issued or a
 charge sheet is filed in a court for criminal prosecution, or if the 
Government servant is placed under suspension.

6. The administrative Ministries/Departments of the Government of India 
may also note that, in case of Direct Recruitment by selection viz., 
“Selection by Interview” it is the responsibility of the requisitioning 
Ministry / Department to bring to the notice of the Commission any point
 regarding unsuitability of the candidate (Government servant) from the 
vigilance angle and that the appropriate stage for doing so would be the
 consultation at the time of preliminary scrutiny i.e. when the case is 
referred by the Commission to the Ministry/Departments for the comments 
of the Ministry’s Representatives on the provisional selection of the 
candidates for interview by the Commission.

[Deptt. Of Personnel & Training OM No. AB14017/101/91-Estt. (RR) dated 14th May, 1993]

(6) Suspension – Reduction of time limit fixed for serving charge-sheet:-

In the Ministry of Home Affairs OM No. 221/18/65-AVD, dated the 7th 
September, 1965, the attention of all disciplinary authorities was drawn
 to the need for quick disposal of cases of Government servants under 
suspension and it was desired, in particular, that the investigation in 
such cases should be completed and a charge-sheet filed in court, in 
cases of prosecution, or served on the Government servant, in cases of 
departmental proceedings, within six months. The matter was considered 
further at a meeting of the National Council held on the 27th January, 
1971 and in partial modification of the earlier orders it has been 
decided that every effort should be made to file the charge-sheet in 
court or serve the charge-sheet on the Government servant, as the case 
may be within three months of the date of suspension, and in cases in 
which it may not be possible to do so, the disciplinary authority should
 report the matter to the next higher authority explaining the reasons 
for the delay.

[Cabinet Sectt. (Department of Personnel) Memo. No. 39/39/70-Ests.(A) dated the 4th February, 1971].

Government have already reduced the period of suspension during 
investigation, barring exceptional cases which are to be reported to the
 higher authority, from six months to three months. It has been decided 
that while the orders contained in the Office Memorandum of 4th 
February, 1971 would continue to be operative in regard to cases pending
 in courts in respect of the period of suspension pending investigation 
before the filing of a charge-sheet in the Court as also in respect of 
serving of the charge sheet on the Government servant in cases of 
departmental proceedings, in cases other than those pending in courts, 
the total period of suspension viz., both in respect of investigation 
and disciplinary proceedings should not ordinarily exceed six months. In
 exceptional cases where it is not possible to adhere to this time 
limit, the disciplinary authority should report the matter to the next 
higher authority, explaining the reasons for the delay.

[Cabinet Sectt. (Department of Personnel) OM No. 39/33/72-Estt. (A) dated the 16th December, 1972].

In spite of the instructions referred to above, instances have come to 
notice in which Government servants continued to be under suspension for
 unduly long periods. Such unduly long suspension while putting the 
employee concerned to undue hardship, involves payment of subsistence 
allowance without the employee performing any useful service to the 
Government. It is, therefore impressed on all the authorities concerned 
that they should scrupulously observe the time limits laid down in the 
Office Memoranda referred to in the preceding paragraph and review the 
cases of suspension to see whether continued suspension in all cases is 
really necessary. The authorities superior to the disciplinary 
authorities should also exercise a strict check on cases in which delay 
has occurred and give appropriate directions to the disciplinary 
authorities keeping in view the provisions contained in the aforesaid 
Office Memoranda.

[Department of Personnel & AR OM No. 11012/7/78-Ests.(A) dated the 14th September, 1978].

The attention of the Ministry of Finance etc. is invited to this 
Department’s OM No. 11012/7/78-Estt. (A) dated 14th September, 1978, in 
which the existing instructions relating to suspension of Government 
employees have been consolidated. In spite of these instructions it has 
been brought to the notice of this Department that Government servants 
are sometimes kept under suspension for unduly long periods. It is, 
therefore, once again reiterated that the provisions of the aforesaid 
instructions in the matter of suspension of Government employees and the
 action to be taken thereafter should be followed strictly. Ministry of 
Finance etc. may, therefore, take appropriate action to bring the 
contents of the OM of 14.09.1978, to the notice of all the authorities 
concerned under their control, directing them to follow those 
instructions strictly.

2. So far as payment of subsistence allowance is concerned, Ministry of 
Finance etc. are also requested to bring the contents of FR 53 to the 
specific notice of all authorities under their control, with particular 
reference to the provisions in the aforesaid rule regarding the need for
 review of the rate of subsistence allowance after a continued 
suspension of more than 90 days, for strict compliance.

[Deptt. of Personnel & A.R. O.M. No. 42014/7/83-Ests.(A) dated the 18th February, 1984]

(6A) Reasons for suspension to be communicated on expiry of three months period if no charge-sheet is issued.

Under Rule 10 (1) of the CCS (CCA) Rules, 1965, the competent authority may place a Government servant under suspension –

(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 interests of security of the 
State; or

(c) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial.

The Government servant is also deemed to have been placed under 
suspension by an order of the competent authority in the circumstances 
mentioned in rule 10 (2) of the aforesaid rules.

2. Where a Government servant is placed under suspension, he has a right
 of appeal against the order of suspension vide Rule 23 (i) of the CCS 
(CCA) Rules, 1965. This would imply that a Government servant who is 
placed under suspension should generally know the reasons leading to his
 suspension so that he may be able to make an appeal against it. Where a
 Government servant is placed under suspension on the ground that a 
disciplinary proceeding against him is pending or a case against him in 
respect of any criminal offence is under investigation, inquiry or 
trial, the order placing him under suspension would itself contain a 
mention in this regard and he would, therefore, be aware of the reasons 
leading to his suspension.

3. Where a Government servant is placed under suspension on the ground 
of “contemplated” disciplinary proceeding, the existing instructions 
provide that every effort would be made to finalise the charges, against
 the Government servant within three months of the date of suspension. 
If these instructions are strictly adhered to, a Government servant who 
is placed under suspension on the ground of contemplated disciplinary 
proceedings will become aware of the reasons for his suspension without 
much loss of time. However, there may be some cases in which it may not 
be possible for some reason or the other to issue a charge sheet within 
three months from the date of suspension. In such cases, the reasons for
 suspension should be communicated to the Government servant concerned 
immediately on the expiry of the aforesaid time-limit prescribed for the
 issue of a charge sheet, so that he may be in a position to effectively
 exercise the right of appeal available to him under Rule 23 (i) of the 
CCS (CCA) Rules, 1965, if he so desires. Where the reasons for 
suspension are communicated on the expiry of a time-limit prescribed for
 the issue of charge sheet, the time-limit of forty five days for 
submission of appeal should be counted from the date on which the 
reasons for suspension are communicated.

4. The decision contained in the preceding paragraph will not, however, 
apply to cases where a Government servant is placed under suspension on 
the ground that he has engaged himself in activities prejudicial to the 
interests of the security of the State.

[Deptt. of Personnel & A.R. O.M. No. 35014/1/81-Ests.(A) dated the 9th November, 1982]

(7) Timely payment of subsistence allowance:-

In the case of Ghanshyam Das Srivastava Vs. State of Madhya Pradesh (AIR
 1973 SC 1183), the Supreme Court had observed that where a Government 
servant under suspension pleaded his inability to attend the inquiry on 
account of financial stringency caused by the non-payment of subsistence
 allowance to him the proceedings conducted against him exparte would be
 in violation of the provisions of Article 311 (2) of the Constitution 
as the person concerned did not receive a reasonable opportunity of 
defending himself in the disciplinary proceedings.

2. In the light of the judgment mentioned above, it may be impressed on 
all authorities concerned that they should make timely payment of 
subsistence allowance to Government servants who are placed under 
suspension so that they may not be put to financial difficulties. It may
 be noted that, by its very nature, subsistence allowance is meant for 
the subsistence of a suspended Government servant and his family during 
the period he is not allowed to perform any duty and thereby earn a 
salary. Keeping this in view, all concerned authorities should take 
prompt steps to ensure that after a Government servant is placed under 
suspension, he received subsistence allowance without delay.

3. The judgment of the Supreme Court referred to in para 1 above 
indicates that in that case, the disciplinary authority proceeded with 
the enquiry ex-parte notwithstanding the fact that the Government 
servant concerned had specifically pleaded his inability to attend the 
enquiry on account of financial difficulties caused by non-payment of 
subsistence allowance. The Court had held that holding the enquiry 
ex-parte under such circumstances, would be violative of Article 311 (2)
 of the Constitution on account of denial of reasonable opportunity of 
defence. This point may also be kept in view by all authorities 
concerned, before invoking the provisions of rule 14 (20) of the CCS 
(CCA) Rules, 1965.

[Cabinet sect. (Department of Personnel & Administrative Reforms) OM No. 11012/10/76-Estt. (A) dated 6th October, 1976].

As mentioned in the OM dated 6th October, 1976 referred to above, the 
Supreme Court have held that if a Government servant under suspension 
pleads his inability to attend the disciplinary proceedings on account 
of non-payment of subsistence allowance, the enquiry conducted against 
him, ex-parte, could be construed as denial of reasonable opportunity of
 defending himself. It may, therefore, once again be impressed upon all 
authorities concerned that after a Government servant is placed under 
suspension, prompt steps should be taken to ensure that immediate action
 is taken under FR 53, for payment of subsistence allowance and the 
Government servant concerned receives payment of subsistence allowance 
without delay and regularly subject to the fulfillment of the condition 
laid down in FR 53. In cases where recourse to ex-parte proceedings 
becomes necessary, if should be checked up and confirmed that the 
Government servant’s inability to attend the enquiry is not because of 
non-payment of subsistence allowance.

[Deptt. of Personnel & Training, OM No. 11012/17/85-Estt.(A) dated the 28th October, 1985.]

(8) Erroneous detention or detention without basis –

One of the items considered by the National Council (JCM) in its meeting
 held in January, 1977 was a proposal of the Staff Side that a 
Government servant who was deemed to have been placed under suspension 
on account of his detention or on account of criminal proceedings 
against him should be paid full pay and allowances for the period of 
suspension if he has been discharged from detention or has been 
acquitted by a Court.

2. During the discussion, it was clarified to the Staff Side that the 
mere fact that a Government servant who was deemed to have been under 
suspension, due to detention or on account of criminal proceedings 
against him, has been discharged from detention without prosecution or 
has been acquitted by a Court would not make him eligible for full pay 
and allowances because often the acquittal may be on technical grounds 
but the suspension might be fully justified. The Staff Side were, 
however, informed that if a Government servant was detained in police 
custody erroneously or without any basis and thereafter he is released 
without any prosecution, in such cases the official would be eligible 
for full pay and allowances.

3. It has accordingly been decided that in the case of a Government 
servant who was deemed to have been placed under suspension due to his 
detention in police custody erroneously or without basis and thereafter 
released without any prosecution having been launched, the competent 
authority should apply its mind at the time of revocation of the 
suspension and re-instatement of the official and if he comes to the 
conclusion that the suspension was wholly unjustified, full pay and 
allowances may be allowed.

[Department of Personnel & A.R. OM No. 35014/9/76-Estt. (A) dated 08.08.1977]

(9) Deemed suspension on grounds of detention to be treated as revoked if conviction does not follow –

In the Committee of National Council (JCM) set up to review the CCS 
(CCA) Rules, 1965, the Staff Side had expressed the view that the period
 of deemed suspension on grounds of detention should be treated as duty 
in all cases where conviction did not follow. The matter was discussed 
and it was agreed to that in cases of deemed suspension, if the cause of
 suspension ceases to exist the revocation of the suspension should be 
automatic.

2. Attention is invited to the instruction contained in this 
Department’s OM No. 35014/9/76-Ests.(A) dated 08.08.1977 [decision (2) 
(a) above] which provides that in the case of a Government servant, who 
was deemed to have been placed under suspension due to detention in 
police custody erroneously or without basis and thereafter released 
without any prosecution having been launched, the competent authority 
should apply its mind at the time of revocation of the suspension and 
reinstatement of the official and if he comes to the conclusion that the
 suspension was wholly unjustified, full pay and allowances may be 
allowed. There instructions may be kept in view and scrupulously 
complied with in all cases where deemed suspension is found to be 
erroneous and the employee concerned is not prosecuted. In all such 
cases, the deemed suspension under Rule 10 (2) of the CCS (CCA) Rules, 
1965 may be treated as revoked from the date the cause of the suspension
 itself ceases to exist i.e. the Government servant is released from 
police custody without any prosecution having been launched. However, it
 will be desirable for the purpose of administrative record to make a 
formal order for revocation of such suspension under Rule 10 (5) of the 
CCS (CCA) Rules, 1965.

[Deptt. of Personnel & Trg. OM No. 11012/16/85-Estt. (A) dated 10.01.1986]

(10) Disciplinary proceedings against an employee appointed to a higher post on ad-hoc basis -

The question whether a Government servant appointed to a higher post on 
ad-hoc basis should be allowed to continue in the ad-hoc appointment 
when a disciplinary proceedings is initiated against him has been 
considered by this Department and it has been decided that the procedure
 outlined below shall be followed in such cases:-

(i) Where an appointment has been made purely on ad-hoc basis against a 
short-term vacancy or a leave vacancy or if the Government servant 
appointed to officiate until further orders in any other circumstances 
has held the appointment for a period less than one year, the Government
 servant shall be reverted to the post held by him substantively or on a
 regular basis, when a disciplinary proceeding is initiated against him.

(ii) Where the appointment was required to be made on ad-hoc basis 
purely for administrative reasons (other than against a short term 
vacancy or a leave vacancy) and the Government servant has held the 
appointment for more than one year, if any disciplinary proceeding is 
initiated against the Government servant, he need not be reverted to the
 post held by him only on the ground that disciplinary proceeding has 
been initiated against him.

Appropriate action in such cases will be taken depending on the outcome of the disciplinary case.

[Deptt. of Pers. & Trg. OM No. 11012/9/86-Estt. (A) dated the 24th December, 1986]

(11) Suspension in cases of dowry death:-

Sub-rule (1) of rule 10 of the Central Civil Services (Classification, 
Control and Appeal) Rules, 1965 provides, inter alia, that a Government 
servant may be placed under suspension where a disciplinary proceeding 
against him is contemplated or is pending or where a case against him in
 respect of any criminal offence is under investigation, inquiry or 
trial. Sub-rule (2) of the same rule lays done that a Government servant
 shall be deemed to have been placed under suspension by an order of the
 appointing authority w.e.f. the date of detention if he is detained in 
custody, whether on a criminal charge or otherwise, for a period 
exceeding forty-either hours.

2. As Government takes a very serious view of offences against women, 
Government has reviewed the provisions in the rules in regard to placing
 a Government servant under suspension if he is accused of involvement 
in a case of “dowry death” as defined in Section 304-B of the Indian 
Penal Code. The Section reads as follows:-

“304-B (1) Where the death of a woman is caused by any burns or bodily 
injury or occurs otherwise than under normal circumstances within seven 
years of her marriage and it is shown that soon before her death she was
 subjected to cruelty or harassment by her husband or any relative of 
her husband for, or in connection with, any demand for dowry, such death
 shall be called “dowry death”, and such husband or relative shall be 
deemed to have caused her death.

Explanation – For the purpose of this sub-section “dowry” shall have the
 same meaning as in Section 2 of the “dowry Prohibition Act, 1961.”

3. If a case has been registered by the Police against a Government 
servant under Section 304-B of the I.P.C., he shall be placed under 
suspension in the following circumstances by the competent authority by 
invoking the provisions of sub-rule (1) of Rule 10 of the CCS (CCA) 
Rules, 1965:

(i) If the Government servant is arrested in connection with the 
registration of the police case, he shall be placed under suspension 
immediately irrespective of the period of his detention.

(ii) If he is not arrested, he shall be placed under suspension 
immediately on submission of a police report under sub-section (2) of 
section 173 of the Code of Criminal Procedure, 1973, to the Magistrate, 
if the report prima-facie indicates that the offence has been committed 
by the Government servant.

[Deptt. of Personnel & Trg. OM No. 11012/8/87-Ests. (A) dated the 22nd June, 1987]

(12) Resignation from Service procedure in respect of:-

Instructions have been issued from time to time on the subject of 
resignation. These instructions have now been consolidated for facility 
of reference and guidance of all the Ministry/Departments of the 
Government of India.

1. Resignation is an intimation in writing sent to the competent 
authority by the incumbent of a post, of his intention or proposal to 
resign the office/post either immediately or from a future specified 
date. A resignation has to be clear and unconditional.

2. It is not in the interest of Government to retain an unwilling 
Government servant in service. The general rule, therefore, is that a 
resignation of a Government servant from service should be accepted, 
except in the circumstances indicated below:-

(i) Where the Government servant concerned is engaged on work of 
importance and it would take time to make alternative arrangements for 
filling the post, the resignation should not be accepted straightway but
 only when alternative arrangements for filling the post have been made.

(ii) Where a Government servant who is under suspension submits a 
resignation the competent authority should examine, with reference to 
the merit of the disciplinary case pending against the Government 
servant, whether it would be in the public interest to accept the 
resignation. Normally, as Government servants are placed under 
suspension only in cases of grave delinquency, it would not be correct 
to accept a resignation from a Government servant under suspension. 
Exceptions to this rule would be where the alleged offences do not 
involve moral turpitude or where the quantum of evidence against the 
accused Government servant is not strong enough to justify the 
assumption that if the departmental proceedings were continued, he would
 be removed or dismissed from service, or where the departmental 
proceedings are likely to be so protracted that it would be cheaper to 
the public exchequer to accept the resignation.

In those cases where acceptance of resignation is considered necessary 
in the public interest, the resignation may be accepted with the prior 
approval of the Head of the Department in respect of Group ‘C’ & ‘D’
 posts and that of the Minister in charge in respect of holders of Group
 ‘A’ and ‘B’ posts. In so far as Group ‘B’ officers serving in Indian 
Audit and Accounts Department are concerned, the resignation of such 
officers shall not be accepted except with the prior approval of the 
Comptroller and Auditor General of India. Concurrence of the Central 
Vigilance Commission should be obtained before submission of the case to
 the Minister-in-charge/Comptroller and Auditor General, if the Central 
Vigilance Commission had advised initiation of departmental action 
against the Government servant concerned or such action has been 
initiated on the advice of the Central Vigilance Commission.

3. A resignation becomes effective when it is accepted and the 
Government servant is relieved of his duties. If a Government servant, 
who had submitted a resignation, sends an intimation in writing to the 
appointing authority withdrawing his earlier letter of resignation 
before its acceptance by the appointing authority, the resignation will 
be deemed to have been automatically withdrawn and there is no question 
of accepting the resignation. In case, however, the resignation had been
 accepted by the appointing authority and the Government servant is to 
be relieved from a future date, if any request for withdrawing the 
resignation is made by the Government servant before he is actually 
relieved of his duties, the normal principle should be to allow the 
request of the Government servant to withdraw the resignation. If, 
however, the request for withdrawal is to be refused, the grounds for 
the rejection of the request should be duly recorded by the appointing 
authority and suitably intimated to the Government servant concerned.

4. Since a temporary Government servant can sever his connection from a 
Government service by giving a notice of termination of service under 
Rule 5 (1) of the Central Civil Services (TS) Rules, 1965, the 
instructions contained in this Office Memorandum relating to acceptance 
of resignation will not be applicable in cases where a notice of 
termination of service has been given by a temporary Government servant.
 If, however, a temporary Government servant submits a letter of 
resignation in which he does not refer to Rule 5 (1) of the CCS (TS) 
Rules, 1965, or does not even mention that it may be treated as a notice
 of termination of service, he can relinquish the charge of the post 
held by him only after the resignation is duly accepted by the 
appointing authority and he is relieved of his duties and not after the 
expiry of the notice period laid down in the Temporary Service Rules.

5. The procedure for withdrawal of resignation after it has become 
effective and the Government servant had relinquished the charge of his 
earlier post, are governed by the following statutory provision in 
sub-rules (4) to (6) of Rule 26 of the CCS (Pension) Rules, 1972 which 
corresponds to Art. 418 (b) of the Civil Service Regulations:-

“(4) The appointing authority may permit a person to withdraw his 
resignation in the public interest on the following conditions, namely:-

(i) that the resignation was tendered by the Government servant for some
 compelling reasons which did not involve any reflection on his 
integrity, efficiency or conduct and the request for withdrawal of the 
resignation has been made as a result of a material change in the 
circumstances which originally compelled him to tender the resignation;

(ii) that during the period intervening between the date on which the 
resignation became effective and the date from which the request for 
withdrawal was made, the conduct of the person concerned was in no way 
improper;

(iii) that the period of absence from duty between the date on which the
 resignation became effective and the date on which the person is 
allowed to resume duty as a result of permission to withdraw the 
resignation is not more than ninety days;

(iv) that the post, which was vacated by the Government servant on the 
acceptance of his resignation or any other comparable post, is 
available;

(v) request for withdrawal of resignation shall not be accepted by the 
appointing authority where a Government servant resigns his service or 
post with a view to taking up an appointment in or under a corporation 
or company wholly or substantially owned or controlled by the Government
 or in or under a body controlled or financed by the Government;

(vi) When an order is passed by the appointing authority allowing a 
person to withdraw his resignation and to resume duty the order shall be
 deemed to include the condonation of interruption in service but the 
period of interruption shall not count as qualifying service.”

6. Since the CCS (Pension) Rules are applicable only to holders of 
permanent posts, the above provisions would apply only in the case of a 
permanent Government servant who had resigned his post. The cases of 
withdrawal of resignation of permanent Government servants which involve
 relaxation of any of the provisions of the above rules will need the 
concurrence of the Ministry of Personnel, P.G. & Pensions, as per 
Rule 88 of the CCS (Pension) Rules, 1972.

7. Cases of quasi-permanent Government servants requesting withdrawal of
 resignation submitted by them would be considered by the Department of 
Personnel and Training on merits.

8. A Government servant who has been selected for a post in a Central 
Public Enterprises/Central Autonomous body may be released only after 
obtaining and accepting his resignation from the Government service. 
Resignation from Government service with a view to secure employment in a
 Central Public enterprise with proper permission will not entail 
forfeiture of the service for the purpose of retirement/terminal 
benefits. In such cases, the Government servant concerned shall be 
deemed to have retired from service from the date of such resignation 
and shall be eligible to receive all retirement/terminal benefits as 
admissible under the relevant rules applicable to him in his parent 
organisation.

9. In cases where Government servants apply for posts in the same or 
other Departments through proper channel and on selection, they are 
asked to resign the previous posts for administrative reasons, the 
benefit of past service may, if otherwise admissible under rules, be 
given for purposes of fixation of pay in the new post treating the 
resignation as a ‘technical formality’.

(13) Promotion of Government servants against whom disciplinary/court
 proceedings are pending or whose Conduct is under 
investigation-Procedure and guidelines to be followed.

The procedure and guidelines to be followed in the matter of promotion 
of Government servants against whom disciplinary/court proceedings are 
pending or whose conduct is under investigation have been reviewed 
carefully. Government have also noticed the judgement dated 27.08.1991 
of the Supreme Court in Union of India etc. vs. K.V. Jankiraman etc. 
(AIR 1991 SC 2010). As a result of the review and in supersession of all
 the earlier instructions on the subject (OM No. 39/3/59-Estt.A dated 
31.08.1960, 7/28/63-Estt.A dated 22.12.1964, 22011/3/77-Estt.A dated 
14.07.1977, 22011/1/79-Estt.A dated 31.01.1982, 22011/2/1986-Estt.A 
dated 12.01.1988, 22011/1/91-Estt.A dated 31.07.1991), the procedure to 
be followed in this regard by the authorities concerned is laid down in 
the subsequent paras of this OM for their guidance.

2. At the time of consideration of the cases of Government servants for 
promotion, details of Government servants in the consideration zone for 
promotion falling under the following categories should be specifically 
brought to the notice of the Departmental Promotion Committee:-

(i) Government servants under suspension;

(ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and

(iii) Government servants in respect of whom prosecution for a criminal charge is pending.

2.1 The Departmental Promotion Committee shall assess the suitability of
 the Government servants coming within the purview of the circumstances 
mentioned above alongwith other eligible candidates without taking into 
consideration the disciplinary case/criminal prosecution pending. The 
assessment of the DPC, including ‘Unfit for Promotion’, and the grading 
awarded by it will be kept in a sealed cover. The cover will be super 
scribed ‘Findings regarding suitability for promotion to the grade/post 
of …………… in respect of Shri …………………….. (name of the Government servant).
 Not to be opened till the termination of the disciplinary case/criminal
 prosecution against Shri ……………………….’ The proceedings of the DPC need 
only contain the note ‘The findings are contained in the attached sealed
 cover’. The authority competent to fill the vacancy should be 
separately advised to fill the vacancy in the higher grade only in an 
officiating capacity when the findings of the DPC in respect of the 
suitability of a Government servant for his promotion are kept in a 
sealed cover.

2.2 The same procedure outlined in para 2.1 above will be followed by 
the subsequent Departmental Promotion Committees convened till the 
disciplinary case/criminal prosecution against the Government servant 
concerned is concluded.

3. On the conclusion of the disciplinary case/criminal prosecution which
 results in dropping of allegations against the Govt. servant, the 
sealed cover or covers shall be opened. In case the Government servant 
is completely exonerated, the due date of his promotion will be 
determined with reference to the position assigned to him in the 
findings kept in the sealed cover/covers and with reference to the date 
of promotion of his next junior on the basis of such position. The 
Government servant may be promoted, if necessary, by reverting the 
junior most officiating person. He may be promoted notionally with 
reference to the date of promotion of his junior. However, whether the 
officer concerned will be entitled to any arrears of pay for the period 
of notional promotion preceding the date of actual promotion and if so 
to what extent, will be decided by the appointing authority by taking 
into consideration all the facts and circumstances of the disciplinary 
proceedings/criminal prosecution. Where the authority denies arrears of 
salary or part of it, it will record its reasons for doing so. It is not
 possible to anticipate and enumerate exhaustively all the circumstances
 under which such denials of arrears of salary or part of it may become 
necessary. However, there may be cases where the proceedings, whether 
disciplinary or criminal, are, for example delayed at the instance of 
the employee or the clearance in the disciplinary proceedings or 
acquittal in the criminal proceedings is with benefit of doubt or on 
account of non-availability of evidence due to the acts attributable to 
the employee etc. These are only some of the circumstance where such 
denial can be justified.

3.1 If any penalty is imposed on the Government servant as a result of 
the disciplinary proceedings or if he is found guilty in the criminal 
prosecution against him, the findings of the sealed cover/covers shall 
not be acted upon. His case for promotion may be considered by the next 
DPC in the normal course and having regard to the penalty imposed on 
him.

3.2 It is also clarified that in a case where disciplinary proceedings 
have been held under the relevant disciplinary rules ‘warning’ should 
not be issued as a result of such proceedings. If it is found, as a 
result of the proceedings, that some blame attaches to the Government 
servant, at least the penalty of ‘censure’ should be imposed.

4. It is necessary to ensure that the disciplinary case/criminal 
prosecution instituted against any Government servant is not unduly 
prolonged and all efforts to finalise expeditiously the proceedings 
should be taken so that the need for keeping the case of a Government 
servant in a sealed cover is limited to the barest minimum. It has, 
therefore, been decided that the appointing authorities concerned should
 review comprehensively the case of Government servants, whose 
suitability for promotion to a higher grade has been kept in a sealed 
cover on the expiry of 6 months from the date of convening the first 
Departmental Promotion Committee which had adjudged his suitability and 
kept its findings in the sealed cover. Such a review should be done 
subsequently also every six months. The review should, inter alia, cover
 the progress made in the disciplinary proceedings/criminal prosecution 
and the further measures to be taken to expedite their completion.

5. In spite of the six monthly review referred to in para 4 above, there
 may be some cases, where the disciplinary case/criminal prosecution 
against the Government servant is not concluded even after the expiry of
 two years from the date of the meeting of the first DPC, which kept its
 findings in respect of the Government servant in a sealed cover. In 
such a situation the appointing authority may review the case of the 
Government servant, provided he is not under suspension, to consider the
 desirability of giving him ad-hoc promotion keeping in view the 
following aspects:-

(a) Whether the promotion of the officer will be against public interest;

(b) Whether the charges are grave enough to warrant continued denial of promotion;

(c) Whether there is any likelihood of the case coming to a conclusion in the near future;

(d) Whether the delay in the finalisation of proceeding, departmental or
 in a court of law, is not directly or indirectly attributable to the 
Government servant concerned; and

(e) Whether there is any likelihood of misuse of official position which
 the Government servant may occupy after ad-hoc promotion, which may 
adversely affect the conduct of the departmental case/criminal 
prosecution.

The appointing authority should also consult the Central Bureau of 
Investigation and take their views into account where the departmental 
proceedings or criminal prosecution arose out of the investigations 
conducted by the Bureau.

5.1 In case the appointing authority comes to a conclusion that it would
 not be against the public interest to allow ad-hoc promotion to the 
Government servant, his case should be placed before the next DPC held 
in the normal course after the expiry of the two year period to decide 
whether the officer is suitable for promotion on ad-hoc basis. Where the
 Government servant is considered for ad-hoc promotion, the Departmental
 Promotion Committee should make its assessment on the basis of the 
totality of the individual’s record of service without taking into 
account the pending disciplinary case/criminal prosecution against him.

5.2 After a decision is taken to promote a Government servant on an 
ad-hoc basis, an order of promotion may be issued making it clear in the
 order itself that:-

(i) the promotion is being made on purely ad-hoc basis and the ad-hoc 
promotion will not confer any right for regular promotion; and

(ii) the promotion shall be “until further orders”. It should also be 
indicated in the orders that the Government reserve the right to cancel 
the ad-hoc promotion and revert at any time the Government servant to 
the post from which he was promoted.

5.3 If the Government servant concerned is acquitted in the criminal 
prosecution on the merits of the case or is fully exonerated in the 
departmental proceedings, the ad-hoc promotion already made may be 
confirmed and the promotion treated as a regular one from the date of 
the ad-hoc promotion with all attendant benefits. In case the Government
 servant could have normally got his regular promotion from a date prior
 to the date of his ad-hoc promotion with reference to his placement in 
the DPC proceedings kept in the sealed cover(s) and the actual date of 
promotion of the person ranked immediately junior to him by the same 
DPC, he would also be allowed his due seniority and benefit of notional 
promotion as envisaged in para 3 above.

5.4 If the Government servant is not acquitted on merits in the criminal
 prosecution but purely on technical ground and Government either 
proposes to take up the matter to a higher court or to proceed against 
him departmentally or if the Government servant is not exonerated in the
 departmental proceedings, the ad-hoc promotion granted to him should be
 brought to an end.

6. The procedure outlined in the preceding paras should also be followed
 in considering the claim for confirmation of an officer under 
suspension, etc. A permanent regular vacancy should be reserved for such
 an officer when his case is placed in sealed cover by the DPC.

7. A Government servant, who is recommended for promotion by the 
Departmental Promotion Committee but in whose case any of the 
circumstances mentioned in para 2 above arise after the recommendations 
of the DPC are received but before he is actually promoted, will be 
considered as if his case had been placed in a sealed cover by the DPC. 
He shall not be promoted until he is completely exonerated of the 
charges against him and the provisions contained in this OM will be 
applicable in his case also.

[Deptt. of Personnel & Training OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

(13A) Instructions on sealed cover procedure – Applicability to review DPC – clarification regarding.

A question whether the sealed cover procedure is to be followed by a 
Review DPC has been under consideration of this Department in the light 
of the decision of the Central Administrative Tribunal in certain cases.
 The matter has been considered in consultation with the Ministry of Law
 and it has been decided that the sealed cover procedure as contained in
 the OM dated 14.09.1992 cannot be resorted to by the Review DPC if no 
departmental proceedings or criminal prosecution was pending against the
 Government servant concerned or he/she was not under suspension at the 
time of meeting of the original DPC or before promotion of his junior on
 the basis of the recommendations of the original DPC.

[Deptt. of Personnel & Training OM No. 22011/2/99-Estt. (A) dated 21.11.2002]

(13B) Sealed Cover Procedure – Judgment of the Supreme Court in the 
case of Delhi Jal Board Vs. Mohinder Singh [JT 2002 (10) SC 158].

Para 7 of this Department’s OM No. 22011/4/91-Estt. (A) dated 14th September, 1992 envisages as follows:-

“A Government servant, who is recommended for promotion by the 
Departmental Promotion Committee but in whose case any of the 
circumstances mentioned in para 2 above arise after the recommendations 
of the DPC are received but before he is actually promoted, will be 
considered as if his case had been placed in a sealed cover by the DPC. 
He shall not be promoted until he is completely exonerated of the 
charges against him and the provisions contained in this OM will be 
applicable in his case also.”

2. In the case of Delhi Jal Board Vs. Mohindber Singh the Supreme Court [JT 2000 (10) SC 158] has held as follows:-

“The right to be considered by the Departmental Promotion Committee is a
 fundamental right guaranteed under Article 16 of the Constitution of 
India, provided a person is eligible and is in the zone of 
consideration. The sealed cover procedure permits the question of 
promotion to be kept in abeyance till the result of any pending 
disciplinary inquiry. But the findings of the disciplinary inquiry 
exonerating the officers would have to be given effect to as they 
obviously relate back to the date on which the charges are framed. ………….
 The mere fact that by the time the disciplinary proceedings in the 
first inquiry ended in his favour and by the time the seal was opened to
 give effect to it, another departmental inquiry was started by the 
department, would not come in the way of giving him the benefit of the 
assessment by the first Departmental Promotion Committee in his favour 
in the anterior selection.”

3. It is, therefore, clarified that para 7 of the O.M. dated 14th 
September, 1992 will not be applicable if by the time the seal was 
opened to give effect to the exoneration in the first enquiry, another 
departmental inquiry was started by the department against the 
Government servant concerned. This means that where the second or 
subsequent departmental proceedings were instituted after promotion of 
the junior to the Government servant concerned on the basis of the 
recommendation made by the DPC which kept the recommendation in respect 
of the Government servant in sealed cover, the benefit of the assessment
 by the first DPC will be admissible to the Government servant on 
exoneration in the first inquiry, with effect from the date his 
immediate junior was promoted.

4. It is further clarified that in case the subsequent proceedings 
(commenced after the promotion of the junior) results in the imposition 
of any penalty before the exoneration in the first proceedings based on 
which the recommendations of the DPC were kept in sealed cover and the 
Government servant concerned is promoted retrospectively on the basis of
 exoneration in the first proceedings, the penalty imposed may be 
modified and effected with reference to the promoted post. An indication
 to this effect may be made in the promotion order itself so that there 
is no ambiguity in the matter.

[Deptt. of Personnel & Training OM No. 22011/2/2002-Estt. (A) dated 24.02.2003]

14. Deemed Suspension under Rule 10 (2) of the CCS (CCA) Rules, 1965 -
 Supreme Court decision in the case of Union of India Vs. Rajiv Kumar.

Reference is invited to Rule 10 (2) of the CCS (CCA) Rules, 1965 which 
provides that a Government servant shall be deemed to have been placed 
under suspension by an order of the appointing authority with effect 
from the date of his detention, if he is detained in custody, whether on
 a criminal charge or otherwise, for a period exceeding 48 hours.

2. A question whether the order of suspension in a case covered under 
Rule 10 (2) of the CCS (CCA) Rules, 1965 has limited operation for the 
period of detention and not beyond it, was considered by the Supreme 
Court in the case of Union of India Vs. Rajiv Kumar (2003 (5) SCALE 
297). Allowing the appeals of the Union of India in this case the 
Supreme Court has held that the order in terms of Rule 10 (2) is not 
restricted in its point of duration or efficacy to the actual period of 
detention only. It continues to be operative unless modified or revoked 
under Sub-Rule (5) (c) as provided in Sub-Rule 5 (a) of Rule 10 of the 
CCS (CCA) Rules, 1965.

3. Ministries/Departments are requested to bring the above ruling of the
 Supreme Court to the notice of all concerned so that the same is 
appropriately referred to in all cases where the question of validity of
 continued suspension after release from detention of a Government 
servant comes up consideration before the CAT, High Court or Supreme 
Court.

[Deptt. of Personnel & Training OM No. 11012/8/2003-Estt. (A) dated 23.10.2003]

(15A) Suspension of Government servants – Review of – Instructions reg.

The undersigned is directed to say that Rule 10 (Suspension) of the CCS 
(CCA) Rules, 1965 is being amended to provide that an order of 
suspension made or deemed to have been made under this Rule shall be 
reviewed by the competent authority on recommendation of the Review 
Committee constituted for the purpose. It is also being provided in the 
Rules that an order of suspension made or deemed to have been under 
sub-Rules (1) or (2) of rule 10 shall not be valid after 90 days unless 
it is extended after review for a further period before the expiry of 90
 days. It is further being provided that extension of suspension shall 
not be for a period exceeding 180 days at a time. (copy of the 
Notification is enclosed).

2. It is, therefore, necessary to constitute Review Committee(s) to 
review the suspension cases. The composition of Review Committee(s) may 
be as follows:-

(i) The disciplinary authority, the appellate authority and another 
officer of the level of disciplinary/appellate authority from the same 
office or from another Central Government office, (in case another 
officer of same level is not available in the same office), in a case 
where the President is not the disciplinary authority or the appellate 
authority.

(ii) The disciplinary authority and two officers of the level of 
Secretary/Addl. Secretary/Joint Secretary who are equivalent or higher 
in rank than the disciplinary authority from the same office or from 
another Central Government office, (in case another officer of same 
level is not available in the same office), in a case where the 
appellate authority is the President.

(iii) Three officers of the level of Secretary/Addl. Secretary/Joint 
Secretary who are higher in rank than the suspended official from the 
same Department/Office or from another Central Government 
Department/Office, (in case another officer of same level is not 
available in the same office), in a case where the disciplinary 
authority is the President.

The administrative ministry/department/office concerned may constitute 
the review committees as indicated above on a permanent basis or ad-hoc 
basis.

3. The Review Committee(s) may take a view regarding 
revocation/continuation of the suspension keeping in view the facts and 
circumstances of the case and also taking into account that unduly long 
suspension, while putting the employee concerned to undue hardship, 
involve payment of subsistence allowance without the employee performing
 any useful service to the Government. Without prejudice to the 
foregoing, if the officer has been under suspension for one year without
 any charges being filed in a court of law or no charge-memo has been 
issued in a departmental enquiry, he shall ordinarily be reinstated in 
service without prejudice to the case against him. However, in case the 
officer is in police/judicial custody or is accused of a serious crime 
or a matter involving national security, the Review Committee may 
recommend the continuation of the suspension of the official concerned.

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

5. All Ministries/Departments are requested to bring the above 
instructions to the notice of all disciplinary authorities under their 
control and ensure that necessary Review Committees are constituted 
accordingly. It may also be impressed upon all concerned that lapsing of
 any suspension order on account of failure to review the same will be 
viewed seriously.

[Deptt. of Personnel & Training OM No. 11012/4/2003-Estt. (A) dated 7.01.2004]

(15B) Suspension of government servants – Review of – Instructions reg.

The undersigned is directed to refer to this Department’s O.M. of even 
number dated the 7th January, 2004 which contains guidelines for 
constitution of Review Committees to review suspension cases. The 
Notification of even number dated the 23rd December, 2003 inserting 
sub-rules (6) & (7) in Rule 10+ of the CCS (CCA) Rules, 1965 has 
been published as GSR No. 2 in the Gazette dated January 3, 2004. It 
would, therefore, be necessary to review of pending cases in which 
suspension has exceeded 90 days, by 2nd April, 2004. Other suspension 
cases will also have to be reviewed before expiry of 90 days from the 
date of order of suspension.

2. Ministries/Departments are requested to ensure that necessary Review 
Committees are constituted as per the guidelines laid down in the O.M. 
dated the 7th January, 2004 and suspension cases are reviewed 
accordingly.

[Deptt. of Personnel & Training OM No. 11012/4/2003-Estt. (A) dated 19.03.2004]

(15C) Review of suspension - Amendment to the provisions of rule 10 -

The provisions of rule 10 of the Central Civil Services (Classification,
 Control and Appeal) Rules, 1965 regarding deemed suspension have since 
been reviewed by this Department.

2. The provisions in Rule 10 of CCS (CCA) Rules have been modified and 
amendments to the same have been notified in Notification No. GSR 105 
dated 6.06.2007 published in the Gazette of India dated 16.06.2007.

3. As per the original provisions of rule 10 of the CCS (CCA) Rules, 
1965, the provision for review within ninety days was 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. It has, therefore, been decided that a review of suspension 
shall not be necessary in such cases. Accordingly, a proviso has now 
been added to sub-rule (7) of the said rule 10 as follows:

“provided that no such review of suspension shall be necessary in the
 case of deemed suspension under sub-rule(2), if the Government servant 
continues to be under detention at the time of completion of ninety days
 of suspension and the ninety days period for review in such cases will 
count from the date the Government servant detained in custody is 
released from detention or the date on which the fact of his release 
from detention is intimated to his appointing authority, whichever is 
later.”

4. In deemed suspensions under sub-rule (2), the date of order of 
suspension may be much later than the deemed date of suspension. With a 
view to making these provisions explicit, sub-rule (6) of the aforesaid 
rule 10 has now been amended to substitute the words “ninety days from 
the date of order of suspension” occurring therein with “ninety days from the effective date of suspension”.
 Consequent upon this amendment, it would henceforth be necessary to 
specifically indicate in the orders of suspension the effective date of 
suspension.

5. Sub-rule (7) of the aforesaid rule 10 stipulates says that 
“Notwithstanding anything contained in sub-rule (5) (a), an order of 
suspension made or deemed to have been made under sub-rule (1) or (2) of
 this rule shall not be valid after a period of ninety days unless it is
 extended after review, for a further period before the expiry of ninety
 days.” Sub-rule (5)(a) of the aforesaid rule 10 has, therefore, now 
been amended to read as follows:-

“Subject to the provisions contained in sub-rule (7), an order of 
suspension made or deemed to have been made under this rule shall 
continue to remain in force until it is modified or revoked by the 
authority competent to do so.”

Consequently, the words “Notwithstanding anything contained in sub-rule (5)(a)” stated in sub-rule(7) of Rule 10 have become redundant and have, therefore, been deleted.

6. In so far as persons serving in the Indian Audit and Accounts 
Department are concerned, these amendments have been made in 
consultation with the Comptroller and Auditor General of India.

[DOPT OM No. 11012/4/2007-Estt. (A), dated 12th July, 2007]

Source : http://www.referencer.in/CS_Regulations/CCS(CCA)Rules1965/GOI_Decisions_10.aspx

Touch Ring Mouse with all mouse functions with ease

ThumbTrack is an ergonomic touch ring-mouse controlled by the tip of your thumb. Perform all mouse functions with ease, eliminating the risk of pain or injury to your hand and wrist.

Relax while you work

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Be free of pain and injury.

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Long-term use of a traditional mouse can cause compression of a nerve in the wrist and elbow which induces a tingling or even painful sensation near the fingers and other areas of the hand and wrist.

Free yourself from the pain and discomfort of repetitive strain injuries in the hand, wrist and arm with ThumbTrack.

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Maximize productivity by reducing fatigue and discomfort while eliminating time spent toggling between keyboard and mouse with ThumbTrack™.

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Switch On - Press the center button/tracking area for 3 seconds

Navigate - Gently slide your thumb over the main tracking area

Select - 2 touch sensitive buttons and 1 additional button

Scroll - Capacitive Touch-Scrolling for vertical navigation

Switch Off - Press the center button/tracking area for 3 seconds

In the box

1 x ThumbTrack™

1 x USB Dongle Wireless Receiver

1 x USB-to-ThumbTrack™ Charging Cable

2 x self-adhesive liners / padding for re-sizing

1 x User Guide

Thanks And Source: https://www.indiegogo.com

8 Amazing Little Known Google Services

Google, the internet giant is well known for its search engine, e-mail service and cloud storage. However in addition to all these there is a boat load of other services that Google stocks for its users. Google Mars that allows you to view the surface of the red planet and Google flight, which provides flight information in real-time, unleashes both amazement and usefulness. Some other services like Google developer assists in creating web and mobile applications using open web technologies. Read on to know more about the amazing and little known services of Google, as compiled by Minterest.

Google Mars: Google has come up with a facility that offers its users a view of the surface of Mars. The Google Mars provides three visual options namely elevation, visible and infrared data. The search engine giant has tied up with Mars Space Flight Facility of Arizona State University to accomplish this task. Google provides the data collected during the NASA Mars missions, Mars Global Surveyor and 2001 Mars Odyssey.

Google Flight: Do you want to check on the status of a plane in real time or want to book a flight at the cheapest fare available? Well, Google flight is one of the best options as it not only provides the flight information but also the option to explore destinations on the map.

Google Developers: Google developers allow anyone to utilize Google’s resources and open web technologies to develop efficient programs. A number of tools including Android, HTML, Chrome and App Engine can be accessed by any user to create programs.

Google Sketchup: Sketchup is an amazing utility tool that can be used to create 3D models and structures. The free downloadable software from Google lets you create any architectural, civil and mechanical models. The software has pre-defined tools and templates under vast categories including, landscape architecture, interior design, engineering, wood working, 3D printing, game design and much more.

Panoramio: Panoramio is a geographical location oriented photo sharing service from Google. A user can sign up for the service and can add pictures, which can be attached to that geographical area. These snaps are pinned automatically to Google earth and Google map services enabling users to know more about the place by taking a look at these pictures.

Tag manager: This service offered by Google lets anyone to edit and update the website tags and mobile applications for free. Tag Manager is simple, user friendly and can be tested to detect any possible flaw. The tool supports Google and

non-Google marketing tags with in-built templates providing additional ease to the users.

Google Ideas: Google Ideas, is a service provided by the tech giant that allows users to connect and share their ideas towards technology driven initiatives. Engineers and experts can conduct research on the topics and can contribute their ideas towards the service. Global challenges including cultural, political and social issues can be topics to be pondered upon.

Google Takeout: Do you want a backup of all Google activities? Here is Google Takeout, offering its service to users to export their data in a downloadable format. Data from Gmail, Google+, Blogger, Google Drive, YouTube and all other prominent Google services can be zipped and stored for future use. Google sends a notification mail to the user at the completion of the task.

Courtesy : http://bnjho.blogspot.in/

KVS National Incentive Award to Teaching and Non-Teaching Staff

Kendriya Vidyalaya Sangathan

18 Institutional Area,

Shaheed Jeet Singh Marg

New Delhi— 110016

No. F.11060/2/2014-KVSHQ(Estt.III)

Dated :22.04.2014

The Deputy Commissioner
Kendriya Vidyalaya Sangathan
All Regional Offices/ZIETs and
Principal, KV, Kathmandu/Moscow/Tehran.

SUBJECT: KVS NATIONAL INCENTIVE AWARD TO TEACHING AND NON-TEACHING STAFF

Madam/ Sir,

The System of Incentive Award was instituted by KVS to honour and recognize the meritorious services of its Teaching and Non-Teaching Staff working in KVS(1-1Q)/Regional Offices/Kendriya Vidyalayas/ZIETs in appreciation of their dedicated and sincere services rendered in the field of education. The number of teaching and non teaching staff that can be recommended by each region/ZIET is given below: -

I. TEACHING STAFF

Category	Description	No. of Awards	Maximum Number of cases that can be recommended by each Region
1	Principals	4	2
2	Vice-Principal	1	1
3	Headmistress! Headmasters	2	2
4	Post Graduate Teachers	15	5
5	Trained Graduate Teachers	17	6
6	Primary Teachers	19	8
	Misc. Category-Drg. Tr./ Music/ WET/ PET/Yoga/ Libr.	07	6
	TOTAL	65

II NON TEACHING STAFF

Category	Description	No. of Awards	Maximum Number of cases that can be recommended by each Region
1	Group 'A' Officers	I	NIL (Name of Gr. 'A' Officer for KVS National Incentive Award (Non-Teaching) for 2014 will be nominated by the final selection committee of KVS(HQ), New Delhi)
2	Group 'B' Officers	2	1
3	Group 'C' Officers	4	2
4	Group 'C' Officers (Multi-tasking staff(Sub-Staff))	3	2
	TOTAL	10

III In addition one name in each category of teaching and non teaching belonging to Physically Handicapped quota (i.e. those who have been appointed under PH category and are in receipt of double transport allowance) may be recommended. The no. of award under the Special Category (PH) are as under:-

Category	Description	No. of Awards	Maximum Number of cases that can be recommended by each Region
1	Special Category-[PH]-Secondary/ Sr Secondaryteachers/ Principals/ VPs/and Misc Category Teachers	2	1
2	Special Category-[PH] PRTs including PRTMusic and HM	2	1
2	Special Cateaory-[PR—Non-teaching staff	1	1
	TOTAL	5

Note- The candidates applying for Incentive Award under PH category must enclosed attested photo copy of the Medical Certificate to this effect indicating clearly % of disability.

The Director of ZIETs and the Chairman VMC of KVs located at Moscow, Kathmandu and Tehran may recommend maximum one case from each category of the Award and forward the same directly to KVS(HQ)..

IV PROCEDURE FOR SELECTION OF TEACHING STAFF: -

The Teacher recommended for the Award should have put in not less than 15 years of service in KVS as on 31-12-2013 for the Award for 2014 out of which the applicant should have worked regularly for a minimum period of 05 preceding years in the category under which applying for the award. Principals with 20 years of service in KVS and Vice-Principals with 15 years of service in KVS and who have worked for a minimum period of 02 years in the cadre can be considered for the eligibility of the Award.

All eligible Principals/ Vice-Principals/Teachers can apply for this award and prescribed forms should be sent to all the Vidyalayas for submission by interested eligible Principals/Vice¬Principals/ Teachers. The contents of this circular should also be uploaded on Regional Office website. The Procedure for identification and selection of staff teaching category should be in the following manner.

The Proforma of application (Anuexure I, II & III) should be given to all the eligible interested Principals/ Vice-Principals / Teachers. The Proforma shall also contain one blank page to record whatever achievements he/ she would like to present for the purpose of consideration. Concerning the correctness of the entries made by the teachers, the Principal concerned must certify the entries at Col. No.32. Regarding Principals, the Deputy Commissioner concerned shall certify the correctness of whatever has been stated by the applicant in the Proforma by verifying the supporting documents.

The recommendation of the Chairman VMC must invariably be obtained on the application before it is submitted for the consideration of the Cluster Selection Committee. All the Applications received by the Principal of the Vidyalaya concerned should reach the cluster incharge Principal before 10th May, 2014 for screening and selection by the Cluster Selection Committee.

SELECTION AT THE CLUSTER LEVEL

The Cluster Selection Committee shall select the names from each category of the Award but not more than the allotted quota mentioned in Para-I of this letter for submission to the KVS Regional Office concerned. The recommendation of the Cluster Selection Committee shall be accompanied with the following documents: -

a) Minutes of the meeting of the Cluster Selection Committee.

b) A copy of the application form along with 2 passport size latest photographs of the applicant. The photographs should be duly attested on the backside.

c) A detailed analysis of results quantitative and qualitative — Since the quality aspects of the Internal/ ExternalExamination results are also to be considered, a detailed analysis of the results Class-wise/ Subject-wise showing the number and of students passing and getting 80% and above must be enclosed.

The Committee for selection of teachers at the cluster level shall consist of the following: -

1	Assistant Commissioner/ Reputed Senior Principal from the Cluster concerned.	:	Chairman
2	One Principal/ Teacher of the region who is a National or Incentive Awardee.	:	Member
3	An Educationist	:	Member

The Selection for Principal and Vice-Principal will be done directly at the Regional Level by the Regional Selection Committee by inviting atleast 02 applications of Vice-Principals and 04 applications of Principals and their applications should reach the Deputy Commissioner of the Region concerned directly and not through cluster incharge as in the case of teachers.

The service record and antecedents of the applicant should be carefully verified before sending the recommendation. A certificate to this effect (Annexure-II) duly completed must be signed by the authority concerned.

The recommended application(s) complete in all respects from the Cluster In-Charge must reach the Deputy Commissioner of the Region concerned latest by 30th May, 2014. Application sent directly by Principals/ Vice-Principals / Teachers and those not recommended by the Chairman, .VMC will not be entertained by the Regional Office. The antecedents of the Principals/ Teachers should be properly verified before forwarding their Applications for the Incentive Award.

Selection at the Regional Level:-

The applications received in respect of teacher(s) from each Cluster will be further screened at the Regional Level by the Regional Selection Committee.

The Regional Selection Committee shall consist of the following:-

1.	Deputy Commissioner of concerned RO	:	:Chairman
2.	One Principal of a KV of the Region who is a National or Incentive Awardee	:	:Member
3.	An Educationist who is a Member of the Regional Advisory Committee	:	Member
4.	An Assistant Commissioner	:	Member-Secretary

The Regional Selection Committee shall select the names from each category of the Award but not more than the allotted quota mentioned in Para-I of this letter for submission to the KVS (HQ) for final selection. The recommendation of the Regional Selection Committee shall be accompanied by the following documents: -

1. Minutes of the meeting of the Selection Committee.

2. A copy of the application form along with 2 passport size latest photographs of the applicant. The photographs should be attested on the backside. The name of Teacher/ Principal must be written legibly on the back of the photograph.

3. A detailed analysis of results quantitative and qualitative-Since the quality aspects of the Internal/ External Examination results are also to be considered, a detailed analysis of the results are also to be considered. Detailed analysis of the results Class-wise/ subject wise showing the number and % of students passing and getting 80% and above must be enclosed.

4. A combined Vigilance clearance certificate of all recommended employees of the region may also he sent separately.

5. The service record and antecedents of the applicants should be carefully verified before sending the recommendation. A Certificate to this effect (Annexure-II) duly completed must be signed by the Authority concerned.

6. All the information be provided in hard copy and in excel sheet (Annexure VIII, IX & X) through email in the given format ( kvs.jcadmn@gmail.com ).

7. Photocopies of the complete ACRs/APAR of five previous years.

V PROCEDURE FOR SELECTION OF NON TEACHING STAFF: -

The officers/ officials recommended for the award should have put in not less than 15 years of service in KVS as on 31-12-2013 for the award of 2014 out of which the applicant should have worked regularly for a minimum period of 03 years in the present cadre in case of B officers and 05 years in case of C officials in the preceding years of the award in the category under which applying for the award.

The main considerations that should guide the selection of officers/officials are :-

i) His/her reputation in the Office/ Vidyalaya.

ii) His/ her efficiency in disposing of officials matters/ academic matters and desire for its improvement.

iii) His/her genuine interest and innovative practices in the respective field.

iv) His/her involvement in the social life of the community wherever applicable.

v) His/her service record (the officer/ Official should not have been penalized under the CCS(CCA) Rules, 1965 including letter of displeasure in the preceding three years of the award.

vi) Whether the target fixed for the officer/ official has been met in the preceding three years of the award.

An initial identification would be done for the officers/officials who could apply for these awards and relevant forms would be given to the said officer/official for necessary action. No documents would be required to be attached with the form. The procedure for identification and selection should be in the following manner :-

The Screening cum Selection Committee at Regional office shall consist of the following:

1. Deputy Commissioner/ Officiating DC : Chairman

2. An Assistant Commissioner : Member

3. AO/FO/SO of the Region : Member Secretary

1 The Regional Screening cum Selection Committee shall select names from each category except Group 'A' officers as per allotted quota for submission to the KVS, Hqrs. Office for final selection.

1st Level Screening of proposals for staff working at KVS(HQ), KVs abroad will be done as per above procedure inpara V above by a committee constituting of the following officers at KVS(HQ).

1. Joint. Commissioner (Acad.)

2. Assistant Commissioner (Estt.)

3. Assistant Commissioner (Adtrm.)

4. Assistant Commissioner (Acad.)

Note: The screening committee constituted for recommending the names for the award should ensure that above guidelines are strictly followed at the time of selection.

The service record and antecedents of the applicant should be carefully verified before sending the recommendation. A certificate to this effect duly completed must be signed by the concerned authority.

The names recommended for Incentive Award by the Regional Selection Committee for onward submission to KVS(HQ), their vigilance clearance must be forwarded by the concerned Dy. Commissioner of Regional Office.

The Detail of Guidelines for recommending the names for 1CVS incentive Award is enclosed (Annexure-IV to VII).

The recommended applications complete in all respects alongwith the documents/performa/Annexure VIII to X duly filled in and signed with date as mentioned on page No.4 of this letter must reach the undersigned latest by 30th June, 2014.

Applications sent directly by Teachers/ Principals and those not recommended by the Chairman VMC will not be entertained. The antecedents of the teaching and non teaching staff should be properly verified before forwarding their applications for the Incentive Award.

Applications received after the stipulated date will not be entertained. Forwarding a nil report or inadequate number of recommendations from a region may be avoided. Dy. Commissioners are requested to motivate their deserving staff to apply for the awards.

Yours faithfully,

End: As above

(S. VIJAYA KUMAR)

JOINT COMMISSIONER (ADMN)

Click here to download/view Full Order/Annexure/Format

Courtesy : http://karnmk.blogspot.in/

What Is NOTA – None Of The Above Option?

You like the candidate you press the button in front of the party’s symbol to vote on electronic voting machines. Now if you do not like the entire list of candidates you have an option of NOTA or ‘None of the Above’. Voters have all rights to press this option if they wish to reject all the political parties contesting the elections. So instead of sitting at home just go and show your wish.

Earlier the citizens of India were not provided with the option NOTA but in 2009 the Election Commission stated its desire to the Supreme Court to add NOTA at the ballet. Government opposed NOTA as this was one of the ways to dilute the number of votes. On the contrary the Supreme Court of India ordered to add the option on 27 September 2013 with a belief that it will definitely increase the number of voters. The orders were passed by a bench headed by Chief Justice P Sathasivam.

In 2014 Lok Sabha elections 814million people are eligible to vote for 543 constituencies in 9.3 lakh polling stations and for the first time NOTA will be introduced in the Lok Sabha elections. Though objective of adding this option was to give clean candidates and to increase the overall quality but according to experts NOTA is not able to fulfill this objective as there is no change in the quality of fielded candidates. For the past two decades number of criminals in politics have been increasing. 30% of Members of Parliament (MPs) elected in 2009 had pending criminals charges against them such as rape, dowry violence, extortion, violence against women etc. According to the survey conducted by the National Election Watch and the Association of Democratic Reforms (ADR) in 2014, one out of every three candidates of the BJP and Congress has criminal charges against them. 35% of the BJP’s candidate and 27% of Congress candidates have criminal charges against them.

Social activist Anna Hazare has appealed the voters to use NOTA button if they are not able to find right candidate. He said that our political system won’t change by changing the party. If one candidate has done graduation in corruption the other has done post graduation. He called alert voters the pillars of democracy.

Las year more than 15 lakh people out of 11.53 voters i.e. near about 1.31% in the five state assembly elections used the option NOTA. In Delhi, 49,730 voters used NOTA option, close to 3.56 lakh voters used it in Chattisgarh, in Madhya Pradesh 5.9 lakh and in Rajasthan 5.67 lakh voters exercised the option of NOTA.

Though providing NOTA is really a good move but it is useless if not analyzed properly. First of all NOTA votes will be considered as invalid votes. The candidate with greatest number of votes will be considered as a winner even if he or she has the lower number of votes than NOTA unless other political parties sought for fresh elections. So ‘None of the Above’ option won’t have a significant impact. But this condition must be analyzed properly and NOTA must be taken seriously. It must be found out that why people have opted NOTA when they have so many other choices. This means political parties are unable to find and project the suitable and right person.

Where is the NOTA Buttons on the electronic voting machine?

NOTA is the last button in the list of candidates. It is read as None of the Above – NOTA.

As a voter I feel that NOTA is just like a dislike button on social media. But experts must analyze the quality in case NOTA number is significant. If it is left as it is then there is no use of this powerful ‘None of the Above’ option.

Maintain uniformity in format of Life Certificate & Other Certificates submitted by Pensioners: CPAO to Bank

All CPPCs are advised to instruct all their respective branches to accept the Life Certificates in the Performa prescribed in the Scheme Booklet only - CPAO

No. CPAO/Tech/Life Certificate/2013-14/260

Central Pension Accounting Office

Department of Expenditure

Ministry of Finance

Trikoot-II, Bhikaji Cama Place

New Delhi-110066

Dated: 20/02/2014

OFFICE MEMORANDUM

Sub: Performa of Life Certificate to be submitted by the pensioners.

Keeping in view the complaints received from different Pensioner's Association that Bank Authorities are not maintaining uniformity in the Performa of Life & other Certificates and asking the pensioners to submit the requisite Certificate in their own format.

1) in this context, the performas of every Certificate have been prescribed and incorporated in the booklet Scheme for payment of Pension to Central Government Civil Pensioners by Authorised banks to maintain the uniformity. As per Para 15.1 of the booklet all banks are to issue Life Certificate in Annexure XVII (copy enclosed) on appearance of the pensioner before the authorized officer of the bank.

2) Further as per para 15.2 of the Scheme- Booklet as corrected by correction slip No. 14 (copy enclosed) a pensioner can furnish his life certificate to the bank issued by any of the authority enumerated therein.

3) All CPPCs are advised to instruct all their respective branches to accept the Life Certificates in the Performa prescribed in the Scheme Booklet only.

This issues with the approval of competent authority.

sd/-

(Vijay Singh)

Sr. Accounts Officer (Tech)

Government of India

Ministry of Finance

Department of Expenditure

Central Pension Accounting Office

Trikoot II, Bhikaji Cama Place

New Delhi 110 066

CPAO/Tech/Grievance (LF)/10-11/

Dt . .2011

Amendment to the Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks (Fourth Edition, 3 December, 2004)

Correction Slip No. 14

Addition after para 15.2 (P-11 of Scheme Booklet 4th Edition, 3rd Dec. 2004).

(In continuation)

A pensioner who produces a life certificate in the prescribed form in Annexure -XVII signed by any person specified hereunder, however, is exempted from personal appearance

(i) A person exercising the powers of a Magistrate under the Criminal Procedure code;

(ii) A Registrar or Sub-Registrar appointed under Indian Registration Act;

(iii) A Gazettec; Government servant;

(iv) A Police Officer not below the rank of Sub-Inspector in -charge of a Pcce Station;

(v) A Postmaster, a departmental Sub-Postmaster or an Inspector of Post Offices

(vi) A Class I officer of the Reserve Bank of .India, an officer (including Grade II officer) of the State Bank of India or of its subsidiary;

(vii) A pensioned Officer who, before retirement, exercised the powers of a magistrate;

(viii) A Justice of Peace;

(ix) A Block Development Officer, Munsif, Tehsildar or Naib Tehsildar; (x).- 'A-Head of Village Panchayat, Gram Panchayat, Gaon Panchayat or an Executive Committee of a Village;

(xi) A Member of Parliament, of State legislatures or of legislatures of Union Territory Governments /Administrations.

(xii) Treasury Officer.

In the case of a pensioner drawing his pension through E Public Sector Bank the life certificate may be signed by an officer of a Public Sector Bank. In the case of a pensioner residing abroad and drawing his pension through any other bank included in the Second Schedule to the Reserve Bank of India Act, 1934, the life certificate may be signed by an officer of the Bank. A pensioner not resident in India in respect of whom his duly authorized agent produces a life certificate signed by a Magistrate, a Notary, a Banker or a Diplomatic Representative of India is exempted from special appearance.

Below Annexure XVII (P-44 of Scheme Booklet 4th Edition, 3rd Dec. 2004) For "Para 15.1" read "Paras 15.1 and 15.2"

(0/o CGA U.O. No. - 1(7)/CPAO/Scheme Book/2005/TA/254 dt. 28.06.2011).

Correction Slip No.15

Annexure XVIII-(P-46 of Scheme Booklet 4th Edition, 3rd Dec. 2004)

Non-Employment/Re-employment Certificate.

The existing Serial No. at (B) & (C) may be read as (A) & (B).

(CGA's U.O. No.- 1(7)(1)2000/TA/377 dated 19.08.2003) &- U.O. No. 1(7)/CPAO/Scheme Book/2005/TA/254 dt. 28.06.2011.

(H Athell)

Dy. Controller of Accounts

Copy forwarded to:-

1. All Ministries/ Department of the Govt. of India.

2. The Finance Secretaries of all States and Union Territories Govt. and Administration.

3. The C & AG of India, Bahadur Shah Zafar Mara, New Delhi

4. The Controller General of Accounts, Mio Finance, D/c Expendfture,7th Floor, Lok Nayak Bhawan, Khan Market, New Delhi.

5. The Chief Accountant, Reserve Bank.-of-India,--Central Office;--D/o Govt. & Bank Accounts Opp. Central Railway Station, Byculla, Mumbai-400 008

6. The Joint Director Finance (Accounts), Railway Board, New Delhi.

7. The Controller General of Defence Accounts, -West Block -V, R.K.Purarn, New Delhi•

8. The Dy. Director General (PAF) Room No. 405, Dak. Bhavh,an, New Delhi. .9. The Dy. -Director (Accounts),Department of Telecommunications, Room No.705, .Sanchar 13hawan, 20, Ashoka ROad,-New Delhi

10. The Dy. Secretary (Pension), Mb o Defence, South Block, New Delhi.

11.The Dy. Director (P), Deptt. of Pension & P.W., 31-6 Floor, Lok Nayak Bhawan, Khan Market, New Delhi.

12.The Dy. Director of Audit, Central Revenue, AGCR Building, New Delhi 13. National Institute of Management & Accounts, Ayudhpath, Meerut.

14.The Director of Accounts, Cabinet Secretariat„ East Block IX, R.K.Puram, New Delhi

15. CCAs/CAs/Dy.CAs of all Ministries/ Department of Govt. of India.

16. All Officers/Sections in the Office (CPAO, New Delhi)

17.All C.G.Ms/ G.M. of all authorized Banks.

14.2 The Paying branch /Reimbursing Bank shall ensure that no excess re-imbursement is claimed/ obtained-. However, if excess re-imbursernent is claimed due to any reason and the amount involved is less than Rs.1000/- the same may be adjusted through the pension payment scroll of the succeeding month, by the paying branch putting in a short claim to the extent, of the excess amount involved, with suitable remarks. thereof. Where, however, the amount excess reimbursed is Rs.1000/- or more, the paying branch may prepare immediately an error scroll for the amount for crediting the excess to Government account.'

*1 CS No-18 Authority CGA's UO No. 1(7) (1)2001/TA/155 dated 10111-3-2054

14.3 In respect of payments of commuted value of pension, and arrears of pension exceeding Rs 5000/- each, the paying branch may submit special scrolls relating to such payments and obtain reimbursements through the prescribed channel as and when these payments take place_ These scrolls etc. will, however, be forwarded by the Nodal Branches.' to the CPAO along with the regular pension .payment scrolls in a month.

*2 CS No-18 Authority CGA's U0 No. 1(7) (1)2001/TA/155 dated 10/11-3-2004

14.4 8: 14.5 (existed) Deleted

*3 CS No-18 Authority CGA's U0 N. 1(7) (1)20017A/155 dated 10/11-3-2004

14.4 The CPAO will be responsible for accounting of dross pensions and deductions towards income-tax and will adjust the transactions in the usual manner.4

'4 CS No-18 Authority CGA's UO No. 1(7) (1)2001/TA/155 dated 10/11-3-2004

15. CERTIFICATES TO BE FURNISHED BY THE PENSIONERS

15.1 Life Certificate: The pensioner would be required to furnish a life certificate in November each year in the -form prescribed in Annexiire (Page.,-44). Officers of the Reserve Bank of India and of the Authorised banks listed in Annexure XVIII authorised to Dive life certificates for this purpose

15.2 In case a pensioner is unable to obtain a life certificate from an authorised Bank officer on account of serious illness/incapacitation etc., an intimation to this effect supported by a medical -certificate -from a registered medical practitioner about his inability to appear in person may be sent to the officer-in-charge of the paying branch so that the latter may nominate an officer to visit the pensioner at his/her residence/hospital for the purpose of recording -the life certificate.

15.3 Non-employment Certificate : The pensioner would be required to furnish a certificate of non-employment or employment/re- employment in a Department/Office of Central or State Govt. or Union territory or in a company, corporation, undertaking or autonomous body or a registered society of Central or State Govt. or Union Territory, or in a Nationalised Bank including Reserve Bank of India and the State Bank of India, in a local fund, yearly. Le. in the month of November each year in the form prescribed in Annexure XVIII (Page 45). In the case of a pensioner who declares about his employment/re-employment with emoluments which .include D.A., A.D.A. etc., provisions of pare 19.2 below should be enforced.

Click here to view Life Certificate

Source: www.cpao.nic.in

[http://cpao.nic.in/pdf/cpao_tech_life_cert_2013-14.pdf]

Courtesy : http://karnmk.blogspot.in/

Registration of Government employees aged 60 years and above under National Pension System (NPS): PFRDA Circular

CIRCULAR

PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY

22 April, 2014

PFRDA/2014/3/PDEX/12

Subject: Registration of Government employees aged 60 years and above under National Pension System (NPS)

This is for the information of all concerned.

Sd/-

Venkateswarlu Peri

General Manager

Source : www.pfrda.org.in

[http://www.pfrda.org.in/writereaddata/linkimages/Registration%20of%20Govt%20employees%20aged%2060%20years%20and%20above763537413.pdf]

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Registration of Government employees aged 60 years and above under National Pension System (NPS): PFRDA Circular

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