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
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
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) |
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.
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
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Be free of pain and injury.
Technology is supposed to make life easier, not injure you or cause you pain.
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.
Maximize Productivity.
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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.
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)
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.
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)
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]
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