Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission

Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission

No. 39011/08/2016-Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Date: 28th December, 2018

OFFICE MEMORANDUM

Subject: Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission - reg

The undersigned is directed to refer to this Department's OM No. 39011/12/2009-Estt(B) dated 10.05.2010 on the subject mentioned above vide which a Proforma/Checklist was forwarded to all Ministries/Departments for referring disciplinary cases to Union Public Service Commission (UPSC) in terms of Article 320(3) (c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation) Regulations, 1958 (as amended from time to time).

2. The Proforma/ Checklist has been revised in consultation with UPSC so as to ensure that there are no shortcomings while sending the requisite information/ documents to the Commission. It is also expected that the complete reference is received in the Commission at least three months prior to the retirement of the charged officer in case of minor penalty proceedings and at least six months prior to retirement in case of major penalty proceedings in order to get advice of the Commission and the implementation thereof. Wherever the time is less than three months/ six months from the retirement of the Government servant, cogent reasons justifying late submission of case to UPSC are also required to be indicated.

3. The modified Proforma/Checklist for forwarding disciplinary cases to the  UPSC is enclosed for guidance! compliance by all concerned.

Encl: As above

(Pramod Kumar Jaiswal)
Under Secretary to the Government of India
Tel. No.: 23093175

Download the PROFORMA / CHECK LIST FOR FORWARDING DISCIPLINARY CASES TO THE UNION PUBLIC SERVICE COMMISSION

7th CPC MACP Anomalies- NFIR

7th CPC MACP Anomalies- NFIR

Grant of financial upgradation under MACPS to the staff who are in same Grade Pay for more than 20 years
NFIR
National Federation of Indian Railwaymen

3, Chelmsford Raod, New Delhi – 110055

No.IV/MACPS/09/Par-II

Dated: 24/12/2018

The Secretary (E),
Railway Board,
New Delhi
Dear Sir,

Sub: Grant of financial upgradation under MACPS to the staff who are in same Grade Pay for more than 20 years-reg.

Ref: (i) NFIR’s PNM Item No.l/2011.

(ii) Action Taken Statement provided to NFIR during its PNM meeting held with the Railway Board 10/11-05-2018

The subject was discussed in a separate meeting held between the NFIR and Railway Board on l6/10/2017. During discussions, the Official Side conveyed that reply from DoP&T has been received and shared with the Federation. The Official Side further stated that the DoP&T has not agreed to the proposal. Responding to the version of Official Side, NFIR insisted that such of the staff who have completed more than two decades from the date of first promotion and stagnated, should be granted 3rd financial upgradation straightaway under MACPS and requested the Railway Board to make another reference to DoP&T for which suitable examples will be made available by the Federation for referring the matter again to DoP&T.

In this connection, Federation furnishes below a few cases of employees as to enable the Railway Board to apprise to the DoP&T, the cases of no promotion for over two decades.

RWF, Yelahanka:

l. Shri M.N. Indrashekar, appointed as Jr. CMA on 26/07/1983 – regularized on 26/07/1984 in GP 4200/-. He was promoted to GP 4600 on 20th May, 1986 (1st promotion) – granted financial upgradation with GP 4800/- on 01/09/2008 instead allowing 3rd financial upgradation with GP 5400 (PB-2) in view of no promotion for over 2 decades.

2. Shri K.S. Dutta Shivrama, appointed as CMA on l8/11/1985 in GP 4200/-, promoted to GP 4600/- on l8-11-1986 – granted financial upgradation in GP 4800/- on 01/09/2008 instead allowing GP 5400, having stagnated for over 2 decades.

3. Shri R.P. Suresh Kumar appointed as CMA on 19/12/1985 in GP 4200, promoted to GP 4600/- on 28-02-1989 granted financial upgradation in GP 4800/- on 0l/09/2008.

South Central Railway:

4. Shri Kamal Kumar Kuley, appointed a CMA in GP 4200/- on 18/12/1983, and got promoted to GP 4600/- on 0l/01/1984, granted financial upgradation in GP 4800/- on 01/09/2008 instead granting GP 5400 due to stagnation for over 2 decades from the date of first promotion.

5. Shri Amulya Kumar Dhali, appointed as CMA on 31/12/1982 in GP 4200/-, promoted to GP 4600/- on 01/01/1984 and got MACP in GP 4800/- on 0l/09/2008 instead GP 5400, for having stagnated for more than 20 years from the date of promotion.

Federation believes that above illustrations are sufficient to justify the demand for grant of MACP benefit to the staff in GP 5400/- as the staff suffered without promotion for over two decades and also to all similarly situated staff who have been in the same Grade Pay for more than two decades. A copy of the reference made to the DoP&T may be made available to the Federation for takine further action.

Yours faithfully,
sd/-
(Dr. M. Raghavaiah)
General Secretary

Source: NFIR

Demand on Higher Military Service Pay (MSP) - Parliament Q&A MILITARY SERVICE PAY

Demand on Higher Military Service Pay (MSP) - Parliament Q&A MILITARY SERVICE PAY

In a written reply to a question regarding Military Service Pay in Parliament on 26.12.2018, the Minister of State for Defence Shri Subhash Bhamre said that the MSP was raised by the identical fitment of 2.57.

We reproduced the answer and given below for your information…

“Taking note of the rigours of military life, the VI Central Pay Commission (CPC) had recommended an additional, separate element of pay for the Defence Forces called Military Service Pay (MSP), which the CPC intended would also maintain the edge enjoyed by the Defence Forces over the civilian scales.

The VII CPC has consciously decided not to create additional categories of personnel for the grant of MSP or to disturb the slab rates for the four categories for which it is being paid up to the level of Brigadiers. This was done after considering the views of the Services in the matter. MSP was raised by the identical fitment of 2.57 which was applied for pay structure approved by the VI CPC. The recommendations of the VII CPC were accepted by the Government.
Government has recently approved a proposal to establish Armed Forces Special Operations Division which is designed as a tri Services organisation.”

High Court Direction on MSP

On 12th March 2018, question raised by a member in Parliament related to MSP. Whether Government is considering to grant Military Service Pay (MSP) equally to all ranks in the light of Hon’ble High Court’s direction in writ Petition No. 6607/2017 of ‘Voice of Ex-Servicemen Society’?
The concerned Minister replied as follows…

“Hon”ble Delhi High Court in its order dated 28th November, 2017 has not given any specific direction to grant Military Service Pay (MSP) equally to all ranks. It may be informed that the Hon’ble Court in its order mentioned that the conduct of the petitioners in withholding material information and at the same time, trying to invoke equities under Article 226 of the Constitution of India is deprecated.

The 7th Central Pay Commission (CPC) had considered all aspects with regard to applicability of MSP including the rates while making its recommendations. The Government after carefully considering the recommendations of the 7th CPC in respect of MSP has accepted the same and have already been notified.”

7th CPC Recommendation on MSP

7th CPC Report Para 5.2.22 says…

5.2.22 Military Service Pay (MSP): The defence forces personnel, in addition to their pay as per the Matrices above, will be entitled to payment of Military Service Pay for all ranks up to and inclusive of Brigadiers and their equivalents. The Commission recommends an MSP for the four categories of Defence forces personnel at Rs 15,500 for the Service Officers, Rs 10,800 for Nursing Officers, Rs 5,200 for JCO/ORs, and Rs 3,600 for Non Combatants (Enrolled) in the Air Force per month. MSP will continue to be reckoned as Basic Pay for purposes of Dearness Allowance, as also in the computation of pension. Military Service Pay will however not be counted for purposes of House Rent Allowance, Composite Transfer Grant and Annual Increment.

17.10 Military Service Pay (MSP): The Defence forces personnel will continue to be entitled to payment of Military Service Pay for all ranks up to and inclusive of Brigadiers and their equivalents. The MSP per month recommended is as follows:

i.	Service Officers	Rs 15,500
ii.	Nursing Officers	Rs10,800
iii.	JCO/ ORs	Rs 5,200
iv.	Non Combatants (Enrolled) in the Air Force	Rs 3,600

Cabinet approves listing of certain unlisted CPSEs on Stock Exchange

Ministry of Finance
Cabinet approves listing of certain unlisted CPSEs on Stock Exchange

28 DEC 2018

The Cabinet Committee on Economic Affairs, chaired by the Prime Minister Shri Narendra Modi, has given its approval to list the following seven Central Public Sector Enterprises (CPSE) on the Stock Exchange through Initial Public Offering (IPO) /Further Public Offer (FPO):

• Telecommunication Consultants (India) Ltd.[TCIL]- IPO
• RailTel Corporation India Ltd. - IPO
• National Seed Corporation India Ltd. (NSC) - IPO
• Tehri Hydro Development Corporation Limited (THDC) - IPO
• Water & Power Consultancy Services (India) Limited [WAPCOS Ltd.] - IPO
• FCI Aravali Gypsum and Minerals (India) Limited [FAGMIL]- IPO
• Kudremukh Iron Ore Company Limited (KIOCL) - FPO

The listing of CPSEs on the exchange shall unlock their value and encourage investor participation in the CPSEs. Further, Alternative Mechanism comprising of the Finance Minister, Minister of Road Transport & Shipping and the Minster of concerned administrative ministry has been empowered to decide on extent, mode of disinvestment, pricing, time etc. of listed CPSEs (including CPSEs to be listed in future).

The scope of eligibility criteria for listing of CPSEs has been expanded. CPSEs with positive net worth and net profit in any of the immediately three preceding financial years shall be eligible for listing on the Stock Exchange

PIB