Sunday, March 30, 2014

Central government employees to be prohibited access to social media at work

Central government employees to be prohibited access to social media at work

The central government Wednesday told the Delhi High Court that it will issue an advisory prohibiting government employees from accessing social networking websites through officials systems and networks.

A division bench of Acting Chief Justice B.D. Ahmed and Justice Siddharth Mridul asked the centre to immediately issue an advisory prohibiting public servants, who already have an official e-mail account, from using external services.

The bench took into note the submissions of Additional Solicitor General Rajeeve Mehra that 4.5 lakh government employees have been allotted official email accounts and they have started using them.

Mehra further submitted that there would be requirement of five million such account holders and setting up of such e-mail accounts would require some time and infrastructure.

"You (centre) will issue an advisory that those people who have been given official e-mail accounts (nic.in) will immediately use that e-mail ids and to increase the number of employees on official accounts,” the bench said.

The court told the government that the server pertaining to the official e-mail account should be “housed in India itself”.

It also asked the information and technology department to process a draft e-mail policy proposal for the committee of secretaries within two weeks, and the committee to approve the e-mail policy and another policy “on acceptable use of IT resources of the government of India” within two weeks after that.

Filing an affidavit, the centre told the high court that it has proposed a national e-mail policy for official communication of government employees, saying the objective of the policy was to ensure “secure access and usage of data” by them.

In an affidavit filed in the high court, the department of electronics and information technology said the use of e-mail accounts of external service providers will be “prohibited for official communication” by government employees.

Earlier, the bench had asked the central government to bring in an e-mail policy for government officials in consonance with the Public Records Act in order to bar transfer of data to a server outside the country.

The public interest litigation (PIL) filed by former Bharatiya Janata Party (BJP) leader K.N. Govindacharya, said the use of e-mail accounts whose servers were outside India and transfer of the nation’s official data using this medium violated the Public Records Act.

The central government in its affidavit also said it has proposed another policy “on acceptable use of IT resources of the government of India” that lays down the guidelines with respect to use of all IT resources.

The court will hear the case April 30.

Source: www.gadgets.ndtv.com

[http://gadgets.ndtv.com/social-networking/news/central-government-employees-to-be-prohibited-access-to-social-media-at-work-500906]

Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965

Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965

No.6/3/2013-Estt (Pay-I)
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 6th February, 2014

OFFICE MEMORANDUM

Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965.

The undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:

11. Penalties
Minor Penalties –
(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.

(iv) withholding of increments of pay;

Major Penalties –
(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time- scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction Will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period –

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and

(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

2. Consequent upon implementation of the recommendations of 6 th CPC under the CCS (RP) Rules, 2008 pay scale of a post/grade for below HAG level means the Pay Band and Grade Pay specified for that post. Under the CCS (RP) Rules, 2008 a Pay Band may cover Government servants in more than one Grade Pay or posts in the hierarchy. As per Rule 9 of the CCS (Revised Pay) Rules, 2008, the rate of increment in the revised pay structure is 3% of the sum of the pay in the Pay Band arid Grade Pay applicable, which is to be rounded off to the next multiple of 10. Further, as per Rule 10 of the CCS (Revised Pay) Rules, 2008, there is now a uniform date of increment, that is, l st July of the year.

3. The mode of implementation of these penalties has been clarified to individual Ministries/Departments wherever references have been received. It is now proposed to issue detailed guidelines on the issue. The regulation of pay on imposition of these penalties is in the subsequent paras:

A. Reduction to a lower stage of pay by one stage (Rule 11( iii ) all )
On imposition of a penalty under this Rule, the pay would be fixed at the next lower stage in the Pay Band. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the Pay Band at the stage before the last increment. Grade Pay attached to the post would remain unchanged. The pay will be fixed by reversing the mode of allowing increments given in Rule 9 of the CCS (RP) Rules, 2008. The formula would be:-

Reduced Pay In Pay Band = {(Pay in Pay Band+ Grade Pay) x 100/103} less (Grade Pay) (rounded off to next 10)

Pay would be Pay in Pay Band as above + Grade Pay

B. Withholding of increment {Rule 11(iv)}
As the uniform date of increment now is 1st July, on imposition of a penalty of withholding of increment, the increment(s) due on the 1st of July falling after the date of imposition of the penalty would be withheld. In case where penalty of withholding of more than one increment is imposed, increments due on 1st of July in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed.

This also applies to cases where the penalty is imposed for part of a year. For instance, if the penalty of withholding of the increment for six months is imposed on a Government servant in April 2013, then the increment falling due on 1.7.2013 will be withheld for a period of six months, that is, till 31.12.2013. The increment would be released w.e.f. 1.1.2014. In this case the next increment falling due on 1.7.2014 will also be allowed.

C. Reduction to a lower stage in the time-scale of pay for a specified period Rule 11(v)} The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction by taking the pay arrived at notionally as pay for the second reduction, and so on. Grade Pay shall remain unchanged.

NOTE 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the minimum of the Pay Band attached to the post.

NOTE 2: A Pay Band may cover Government servants in different Grade Pays or holding posts at several levels in the hierarchy. It needs to be kept in mind that reduction to lower pay scale or grade is a distinct penalty, under Rule 11(vi).Therefore, while imposing a penalty of reduction to a lower stage in the time-scale of pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary Authorities should weigh all factors before deciding upon the quantum of penalty, i.e., the number of stages by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi) As a result of imposition of a penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he /she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion. Therefore, both pay in Pay Band and Grade Pay would be reduced.

However, Disciplinary Authority has the power, in terms of FR 28, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw. The Government servant will be entitled to the Grade Pay of the post to which he has been reduced. Thus, the power of the Disciplinary Authority under FR 28 is limited to indicating the pay in the Pay Band applicable to the lower rank/post.

In some cases imposition of a penalty under Rule 11(vi) may also involve a change in Pay Band. For instance a Government servant holding a post in PB-2 with Grade pay of Rs.4200/- may be reduced to a post in PB-1 with Grade Pay of Rs.2800/-

It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre. For example, an LDC who qualifies as Assistant as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank of LDC but only to that of an Assistant.

4. Some illustrations on pay fixation in above types of cases are annexed.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Government of India

Click to view the illustrations...

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_3_2013-Estt.Pay-I-06022014.pdf

Guidelines for issue of medicines to CGHS beneficiaries from CGHS Wellness Centres for Chronic illness

Guidelines for issue of medicines to CGHS beneficiaries from CGHS Wellness Centres for Chronic illness

S 11011/2/2014-CGHS (P)
Government of India
Ministry of Health and Family Welfare
CGHS (Policy) Division

Nirman Bhawan, New Delhi
Dated; the 28th March, 2014

OFFICE MEMORANDUM

Subject: Guidelines for issue of medicines to CGHS beneficiaries from CGHS Wellness Centres - reg.

The undersigned is directed to refer to this Ministry’s O.M No.S.11011/8/99-CGHS (P) dated 13.10.1999 vide which CMO in-charge of CGHS dispensaries have been permitted to issue medicines for a maximum period of 3 (three) months at a time against a valid prescription of Government specialist to CGHS beneficiaries suffering from chronic illness like diabetes, tuberculosis, heart ailment, hypertension, I.H.D,epilepsy, etc.

2. This Ministry has been receiving representations from beneficiaries regarding the requirement of fresh consultation with Government specialist every three months for re-issue of the prescribed medicines. Requests have been received from beneficiaries to relax this condition as getting an appointment with Government specialists is difficult, especially for the old aged and physically challenged beneficiaries suffering from chronic diseases and requiring constant medication.

3. Acknowledging the difficulties being faced by the beneficiaries in obtaining prescription of Government specialist every three months, it has been decided to clarify that the CMO In-charge of CGHS Wellness Centres are competent to revalidate the prescription on the request of patient, after professionally satisfying himself / herself about the medical condition of the patient and repeat the medicines prescribed by Government specialist to beneficiaries for another three months subject to the following conditions :-

a) Medicines shall be issued against a valid original prescription from a Government specialist for advising the same.

b) CMO I/c may issue the medicines prescribed by a Government specialist fix three months at a tine during the entire treatment period indicated clearly (e.g., six months / one year) on the prescription.

c) CMO I/c may examine and advise the patient on whether to continue with the same medicines as prescribed by the Government specialist or may refer him to the Government specialist for fresh consultation, If required medically.

d) CGHS GDMOs of the Wellness Centre may prescribe routine diagnostic tests to the patients before their follow up consultation with the specialist. They should however, use discretion and not to advice specialized tests/investigations as they can only be advised by the specialists, wherever required.

e) Beneficiaries will be issued medicines for maximum three months period at a time. In such cases, where the advice of specialist is only for three months and the CMO I/c is satisfied after professional examination that the same medicines are required to be continued for treatment, the prescription may be re validated and medicines can be issued for another 3 (three) months, i.e., to a total of 6 (six) months. After six months, the beneficiaries will have to consult the Government specialist and obtain fresh prescription or get the prescription re validated from the Government specialist in cases where the treatment period is not clearly indicated on the prescription.

4. This issues with the approval of Additional Secretary and Director General, CGHS.
sd/-
(V.P.Singh)
Deputy Secretary to the Government of India

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