Friday, February 20, 2015

Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

Inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers – Revision of pension of pre-2006 pensioners

G.I., Pensioners Portal,
O.M.No.38/31/11–P&PW(A)(Vol.IV),
dated 18.2.2015

Subject :- Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

The undersigned is directed to say that in accordance with para 4.2 of this Department’s OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008), the revised pension of pre-2006 pensioners shall, in no case, be lower than fifty per cent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG and above scales, this will be fifty per cent of the minimum of the revised pay scale. Further, in accordance with OM No.38/37/08-P&PW(A) dated 28.1.2013, the normal pension in respect of pre-2006 pensioners/family pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008 would also be further stepped up w.e.f. 24.9.2012 to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above OM dated 30.8.2008 of Ministry of Finance (Department of Expenditure).

2. In its judgment dated 27.11.2013 in Civil Appeal No.10640-46/2013 and other connected matters, Hon’ble Supreme Court observed that in accordance with Ministry of Health and Family Welfare’s OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts as pay for all service benefits including retirement benefits. In implementation of the aforesaid judgement of Hon’ble Supreme Court, orders have been issued vide this Department’s OM No.38/31/11-P&PW(A)(Vol.IV) dated 14.10.2014 read with OM dated 21.10.2014 that in the case of pre-1996 retired medical officers, NPA @ 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay scales from which the pensioner had retired, in cases where consolidated pension/family pension was to be stepped up to 50% / 30% respectively of the minimum of revised pay-scale in terms of OM No.45/10198-P&PW(A) dated 17.12.1998 read with OM No.45/86/97-P&PW(A) (Pt.) dated 11.5.2001.

3. In this Department’s OM of even number dated 14.7.2009, it was clarified that in the case of pre-2006 pensioners, Non-Practicing Allowance is not to be added to the minimum of the revised pay band+Grade Pay/revised pay scale in cases where consolidated pension/family pension as on 1.1.2006 is to be stepped up to 50% / 30% respectively in terms of para 4.2 of Department of Pension & Pensioners’ Welfare OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008).

4. In the OM No. A.45012/2/2008-CHS.V dated 29.9.2008 of Ministry of Health & FW, it is provided that NPA will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Allowance and other allowances as well as for calculation of retirement benefits. Therefore, the ratio of the said judgement dated 27.11.2013 in CA No.10640-46/2013 would be applicable for revision of pension/family pension of pre-2006 retired civilian medical officers w.e.f. 1.1.2006 also. Accordingly, the OM dated 38/37/08-P&PW(A) dated 14.7.2009 is hereby withdrawn. In the case of pre-2006 retired medical officers, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) as on 1.1.2006 corresponding to the pre-revised pay scale from which they retired, in cases where pension family pension is to be stepped up to 50%130% of the minimum pay respectively.

5. Similarly, for revision of pension family pension w.e.f. 24.9.2012 in terms of OM dated 28.1.2013, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) corresponding to the pre-revised pay scale from which they retired as arrived at with reference to the fitment table annexed to the Department of Expenditure’s OM dated 30.8.2008 subject to the condition that the basic pay plus NPA does not exceed Rs.85,000/- .

6. This issues with the approval of Ministry of Finance, Department of Expenditure vide their I.D. No. 7211E-V/2014 dated 2.1.2015 and Ministry of Law F.No.213/Advice’A’/2015 dated 29.1.2015.

Source:  www.pesnionersportal.gov.in

Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

Inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers – Revision of pension of pre-2006 pensioners

G.I., Pensioners Portal,
O.M.No.38/31/11–P&PW(A)(Vol.IV),
dated 18.2.2015

Subject :- Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

The undersigned is directed to say that in accordance with para 4.2 of this Department’s OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008), the revised pension of pre-2006 pensioners shall, in no case, be lower than fifty per cent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG and above scales, this will be fifty per cent of the minimum of the revised pay scale. Further, in accordance with OM No.38/37/08-P&PW(A) dated 28.1.2013, the normal pension in respect of pre-2006 pensioners/family pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008 would also be further stepped up w.e.f. 24.9.2012 to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above OM dated 30.8.2008 of Ministry of Finance (Department of Expenditure).

2. In its judgment dated 27.11.2013 in Civil Appeal No.10640-46/2013 and other connected matters, Hon’ble Supreme Court observed that in accordance with Ministry of Health and Family Welfare’s OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts as pay for all service benefits including retirement benefits. In implementation of the aforesaid judgement of Hon’ble Supreme Court, orders have been issued vide this Department’s OM No.38/31/11-P&PW(A)(Vol.IV) dated 14.10.2014 read with OM dated 21.10.2014 that in the case of pre-1996 retired medical officers, NPA @ 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay scales from which the pensioner had retired, in cases where consolidated pension/family pension was to be stepped up to 50% / 30% respectively of the minimum of revised pay-scale in terms of OM No.45/10198-P&PW(A) dated 17.12.1998 read with OM No.45/86/97-P&PW(A) (Pt.) dated 11.5.2001.

3. In this Department’s OM of even number dated 14.7.2009, it was clarified that in the case of pre-2006 pensioners, Non-Practicing Allowance is not to be added to the minimum of the revised pay band+Grade Pay/revised pay scale in cases where consolidated pension/family pension as on 1.1.2006 is to be stepped up to 50% / 30% respectively in terms of para 4.2 of Department of Pension & Pensioners’ Welfare OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008).

4. In the OM No. A.45012/2/2008-CHS.V dated 29.9.2008 of Ministry of Health & FW, it is provided that NPA will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Allowance and other allowances as well as for calculation of retirement benefits. Therefore, the ratio of the said judgement dated 27.11.2013 in CA No.10640-46/2013 would be applicable for revision of pension/family pension of pre-2006 retired civilian medical officers w.e.f. 1.1.2006 also. Accordingly, the OM dated 38/37/08-P&PW(A) dated 14.7.2009 is hereby withdrawn. In the case of pre-2006 retired medical officers, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) as on 1.1.2006 corresponding to the pre-revised pay scale from which they retired, in cases where pension family pension is to be stepped up to 50%130% of the minimum pay respectively.

5. Similarly, for revision of pension family pension w.e.f. 24.9.2012 in terms of OM dated 28.1.2013, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) corresponding to the pre-revised pay scale from which they retired as arrived at with reference to the fitment table annexed to the Department of Expenditure’s OM dated 30.8.2008 subject to the condition that the basic pay plus NPA does not exceed Rs.85,000/- .

6. This issues with the approval of Ministry of Finance, Department of Expenditure vide their I.D. No. 7211E-V/2014 dated 2.1.2015 and Ministry of Law F.No.213/Advice’A’/2015 dated 29.1.2015.

Source:  www.pesnionersportal.gov.in

Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

Inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers – Revision of pension of pre-2006 pensioners

G.I., Pensioners Portal,
O.M.No.38/31/11–P&PW(A)(Vol.IV),
dated 18.2.2015

Subject :- Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

The undersigned is directed to say that in accordance with para 4.2 of this Department’s OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008), the revised pension of pre-2006 pensioners shall, in no case, be lower than fifty per cent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG and above scales, this will be fifty per cent of the minimum of the revised pay scale. Further, in accordance with OM No.38/37/08-P&PW(A) dated 28.1.2013, the normal pension in respect of pre-2006 pensioners/family pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008 would also be further stepped up w.e.f. 24.9.2012 to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above OM dated 30.8.2008 of Ministry of Finance (Department of Expenditure).

2. In its judgment dated 27.11.2013 in Civil Appeal No.10640-46/2013 and other connected matters, Hon’ble Supreme Court observed that in accordance with Ministry of Health and Family Welfare’s OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts as pay for all service benefits including retirement benefits. In implementation of the aforesaid judgement of Hon’ble Supreme Court, orders have been issued vide this Department’s OM No.38/31/11-P&PW(A)(Vol.IV) dated 14.10.2014 read with OM dated 21.10.2014 that in the case of pre-1996 retired medical officers, NPA @ 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay scales from which the pensioner had retired, in cases where consolidated pension/family pension was to be stepped up to 50% / 30% respectively of the minimum of revised pay-scale in terms of OM No.45/10198-P&PW(A) dated 17.12.1998 read with OM No.45/86/97-P&PW(A) (Pt.) dated 11.5.2001.

3. In this Department’s OM of even number dated 14.7.2009, it was clarified that in the case of pre-2006 pensioners, Non-Practicing Allowance is not to be added to the minimum of the revised pay band+Grade Pay/revised pay scale in cases where consolidated pension/family pension as on 1.1.2006 is to be stepped up to 50% / 30% respectively in terms of para 4.2 of Department of Pension & Pensioners’ Welfare OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008).

4. In the OM No. A.45012/2/2008-CHS.V dated 29.9.2008 of Ministry of Health & FW, it is provided that NPA will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Allowance and other allowances as well as for calculation of retirement benefits. Therefore, the ratio of the said judgement dated 27.11.2013 in CA No.10640-46/2013 would be applicable for revision of pension/family pension of pre-2006 retired civilian medical officers w.e.f. 1.1.2006 also. Accordingly, the OM dated 38/37/08-P&PW(A) dated 14.7.2009 is hereby withdrawn. In the case of pre-2006 retired medical officers, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) as on 1.1.2006 corresponding to the pre-revised pay scale from which they retired, in cases where pension family pension is to be stepped up to 50%130% of the minimum pay respectively.

5. Similarly, for revision of pension family pension w.e.f. 24.9.2012 in terms of OM dated 28.1.2013, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) corresponding to the pre-revised pay scale from which they retired as arrived at with reference to the fitment table annexed to the Department of Expenditure’s OM dated 30.8.2008 subject to the condition that the basic pay plus NPA does not exceed Rs.85,000/- .

6. This issues with the approval of Ministry of Finance, Department of Expenditure vide their I.D. No. 7211E-V/2014 dated 2.1.2015 and Ministry of Law F.No.213/Advice’A’/2015 dated 29.1.2015.

Source:  www.pesnionersportal.gov.in

Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

Inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers – Revision of pension of pre-2006 pensioners

G.I., Pensioners Portal,
O.M.No.38/31/11–P&PW(A)(Vol.IV),
dated 18.2.2015

Subject :- Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

The undersigned is directed to say that in accordance with para 4.2 of this Department’s OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008), the revised pension of pre-2006 pensioners shall, in no case, be lower than fifty per cent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG and above scales, this will be fifty per cent of the minimum of the revised pay scale. Further, in accordance with OM No.38/37/08-P&PW(A) dated 28.1.2013, the normal pension in respect of pre-2006 pensioners/family pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008 would also be further stepped up w.e.f. 24.9.2012 to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above OM dated 30.8.2008 of Ministry of Finance (Department of Expenditure).

2. In its judgment dated 27.11.2013 in Civil Appeal No.10640-46/2013 and other connected matters, Hon’ble Supreme Court observed that in accordance with Ministry of Health and Family Welfare’s OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts as pay for all service benefits including retirement benefits. In implementation of the aforesaid judgement of Hon’ble Supreme Court, orders have been issued vide this Department’s OM No.38/31/11-P&PW(A)(Vol.IV) dated 14.10.2014 read with OM dated 21.10.2014 that in the case of pre-1996 retired medical officers, NPA @ 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay scales from which the pensioner had retired, in cases where consolidated pension/family pension was to be stepped up to 50% / 30% respectively of the minimum of revised pay-scale in terms of OM No.45/10198-P&PW(A) dated 17.12.1998 read with OM No.45/86/97-P&PW(A) (Pt.) dated 11.5.2001.

3. In this Department’s OM of even number dated 14.7.2009, it was clarified that in the case of pre-2006 pensioners, Non-Practicing Allowance is not to be added to the minimum of the revised pay band+Grade Pay/revised pay scale in cases where consolidated pension/family pension as on 1.1.2006 is to be stepped up to 50% / 30% respectively in terms of para 4.2 of Department of Pension & Pensioners’ Welfare OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008).

4. In the OM No. A.45012/2/2008-CHS.V dated 29.9.2008 of Ministry of Health & FW, it is provided that NPA will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Allowance and other allowances as well as for calculation of retirement benefits. Therefore, the ratio of the said judgement dated 27.11.2013 in CA No.10640-46/2013 would be applicable for revision of pension/family pension of pre-2006 retired civilian medical officers w.e.f. 1.1.2006 also. Accordingly, the OM dated 38/37/08-P&PW(A) dated 14.7.2009 is hereby withdrawn. In the case of pre-2006 retired medical officers, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) as on 1.1.2006 corresponding to the pre-revised pay scale from which they retired, in cases where pension family pension is to be stepped up to 50%130% of the minimum pay respectively.

5. Similarly, for revision of pension family pension w.e.f. 24.9.2012 in terms of OM dated 28.1.2013, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) corresponding to the pre-revised pay scale from which they retired as arrived at with reference to the fitment table annexed to the Department of Expenditure’s OM dated 30.8.2008 subject to the condition that the basic pay plus NPA does not exceed Rs.85,000/- .

6. This issues with the approval of Ministry of Finance, Department of Expenditure vide their I.D. No. 7211E-V/2014 dated 2.1.2015 and Ministry of Law F.No.213/Advice’A’/2015 dated 29.1.2015.

Source:  www.pesnionersportal.gov.in

Finmin Orders – Exemption from Physical Appearance for the Purpose of Life Certificate

Finmin Orders – Exemption from Physical Appearance for the Purpose of Life Certificate

Exemption from Physical Appearance for the purpose of Life Certificate

Pension Portal published an order issued by the Ministry of Finance today regarding the exemption from Physical Appearance for the purpose of Life Certificate for all pensioners.

The order said, the banks should not harass the pensioners/family pensioners b insisting upon presenting themselves physically in the bank if their Life Certificate is submitted duly signed by the authority specified in revised format. The revised format and instructions been issued with the order that, amendment in the “Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks” also.

More details click here

CGHS Delhi and NCR: Revision of rates for various treatment procedures

Revision of rates for various treatment procedures under CGHS.

F. No.S-11011/48/2014 – CGHS (HEC)
Ministry of Health & Family Welfare
Directorate General Central Govt. Health Scheme
(Hospital Empanelment Cell)
Nirman Bhavan, New Delhi,
Dated the February 18, 2015
 
OFFICE MEMORANDUM
Subject:- Revision of rates for various treatment procedures under CGHS.
With reference to the above mentioned subject the undersigned is directed to draw attention to O.M. No. S.11045/36/2012-CGHS (HEC) dated 1.10.2014 whereby CGHS package rates for various treatment procedures were notified by the Government empanelled hospitals under CGHS Delhi and NCR. This Directorate has been receiving representations from different stake holders regarding discrepancies in these notified rates. The matter was examined in this Directorate and now it has been decided with the approval of competent authority to revise the rates of following treatment procedures under CGHS.
 
Sr. No.TREATMENT PROCEDURERevised Rates Non-NABHRevised Rates NABH
Gynae & Obst
1RVF Repair1897521821
2USG for Obstetrics –Anomalies scan770887
Nephrology & Urology
1Epididymectomy1593818750
2Lithotripsy Extra corporeal shock wave1955022483
3Ureteric Catheterization827810950
4Kidney transplant (Related)200000230000
5Kidney transplant (Unrelated including immunosuppressant therapy)300000345000
General Surgery
1Secondary suture of wounds34004000
2Haemorrhoidectomy2072024375
3Stappler Haemorrhoidectomy3800043700
4Varicose vein surgery; Trendelenburg operation with suturing or ligation.1000011500
5Catheterization425500
6Fissure in Ano-Fissurectomy1380015870
7Laparoscopic Paraumbilical Hernia Repair1750020125
Ophthalmology
1Pterygium Surgery55006325
2Conjunctival wound repair or exploration following blunt trauma33003795
Imaging Investigations
1CT-orbit and brain16001840
2Foramen magnum decompression for Chari Malformation93750107813
Cardiology
1DVR155422178735

Reimbursement to beneficiaries/empanelled hospitals shall be limited to ceiling rate or as per actual, whichever is lower. The other terms and conditions as regards to CGHS package rates remain unchanged.
 
2. The revised rates shall come into force from the date of issue and shall be in force till further orders and are applicable in all CGHS cities.
 
3. This issues with concurrence of Integrated Finance Division of Ministry of Health and Family Welfare vide diary no.C-2289 dated 13/02/2015.

(Dr. (Mrs. Sharda Verma)
Director CGHS
Source: http://msotransparent.nic.in/writereaddata/cghsdata/mainlinkfile/File924.pdf

Railway Board Order: Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension

Railway Board Order: Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension
RBE No. 12/2015
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(D&A) 2014 RG6-35
New Delhi, 18.02.2015

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).

Sub: Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension

Rule 5 of the Railway Servants (Discipline and appeal) Rules, 1968 deals with the provisions of suspension. As per the rule, a Railway servant may be placed under suspension in the following circumstances:

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(b) where, in the opinion of the authority competent to place a Railway servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the state; or

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

2. A Disciplinary Authority may also consider it appropriate to place a Railway servant under suspension in the following circumstances. These are only intended for guidance and should not be taken as mandatory:-
(i) Cases where continuance in office of the Railway 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 Railway servant is likely to seriously subvert discipline in the office in which the Railway servant is working;

(iii) where the continuance in office of the Railway servant will be against the wider public interest [other than those covered by (i) and (ii)] such as there is public scandal and it is necessary to place the Railway 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 Railway servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his 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.
3. In the first three circumstances the Disciplinary Authority may exercise his discretion to place a Railway servant under suspension even when the case is under investigation and before a prima facie case has been established. Suspension may be desirable in the circumstances 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 Railways;

(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) to (v) herein above, discretion has to be exercised with care.
4. Rules 5(6) and 5(7) of RS(D&A) Rules, 1968, deal with the review of suspension cases. The provision of review within ninety days is applicable to all types of suspensions. However, in cases of continued detention, the review becomes a mere formality with no consequences as a Railway servant in such a situation has to be continued to be kept under deemed suspension. A review of suspension is not necessary in such cases during this period. Therefore, in all such cases the first review of suspension becomes due on completion of ninety days counting from the date, the Railway servant was released from detention, unless suspension has already been revoked. Subsequent reviews shall become due before completion of currently continuing period of suspension. During each such review, suspension can be extended for a period not exceeding 180 days at a time.
5. It has come to notice that in cases of prolonged suspension period, the courts have pointed out that the suspension cannot be continued for long and that inspite of Railway Board’s instructions, the Disciplinary Authorities are not finalizing the disciplinary proceedings within stipulated time. Also, in such cases the Railway is unnecessarily paying subsistence allowance without extracting any work and if, on the culmination of the disciplinary proceedings, the charged officer is exonerated from the charges, the Railway has to unnecessarily pay the full salary and treat the period of suspension as on duty etc. It is therefore, desirable that timely review of suspension is conducted in a just and proper manner and that the disciplinary proceedings are finalized expeditiously.
6. The zonal Railways etc. may bring the existing instructions on timely review of suspension and expeditious completion of disciplinary proceedings to the notice of all concerned.

7. Please acknowledge receipt.

(S. Modi)
Dy. Director Estt. (D&A)
Railway Board

Source: For Hindi Click here

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