Imposition of penalties of dismissal, removal or compulsory retirement – Determination of appointing authority reg.

Imposition of penalties of dismissal, removal or compulsory retirement – Determination of appointing authority reg.

Ministry of Railways has sent a letter to all the GMs of the Indian Railways and the Production Units regarding Imposition of penalties of dismissal, removal or compulsory retirement and the Determination of appointing authority.

RBE No. 119/2015

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(D&A) 2012 Res-34

New Delhi, 30.09.2015.

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

Sub: Imposition of penalties of dismissal, removal or compulsory retirement – Determination of appointing authority reg.

Attention is invited to Railway Board’s letter no. E(D&A) 2002 RGs-36 dated 25.11.2002 on the above subject relating to determination. of appointing authority for the purpose of imposition of the penalties of dismissal, removal or compulsory retirement on a Railway servant.

2. It was clarified in the above referred instructions that the intention of Rule 2(1)(a) of RS(D&A) Rules, 1968 is that the penalties of dismissal, removal or compulsory retirement from service should be imposed on a Railway servant only by the highest of the following authorities viz. the authority which actually appointed the railway servant to the relevant grade or post, or the authority which. is empowered to make appointment to that grade or post at the time of imposition of penalty. It was further emphasized that the penalty of dismissal, removal or compulsory retirement from service should not be imposed by an authority which has merely issued the offer of appointment or order of promotion with regard to the appointment or promotion ordered by a competent authority higher to that authority.

3. In a PNM meeting with the NFIR, the Federation has stated that inspite of the above mentioned instructions, in some instances, the penalties of dismissal, removal or compulsory retirement were imposed on a Railway servant by an authority lower than the authority which had actually ordered the appointment/promotion of the Railway servant. It is therefore reiterated that a lower authority who has merely issued/signed the order regarding appointment/promotion which has been ordered by a higher authority, is not competent to impose the penalty or dismissal, removal or compulsory retirement from service on such Railway servant. Such action is not only violative of the RS(D&A) Rules but- also unlikely to withstand judicial scrutiny. Railways may therefore impress upon all concerned to adhere to the provisions of Railway Board’s letter no. E(D&A) 2002 RGG-36 dated 25.11.2002, as brought out in para 2 above.

 4. Hindi version will follow. Please acknowledge receipt.

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

Download Railway Board letter No. E(D&A) 2012 Res-34 dated 30.09.2015

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

G.I., Dep. of Per. & Trg.,
O.M.F. No.11012/3/2015-Estt.A-III,
dated 18.2.2015

Subject: Importance of following the due process in disciplinary proceedings – regarding

This Department has been emphasising the necessity of conforming with the procedures prescribed in the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] while dealing with the disciplinary proceedings conducted in Ministries/ Departments. Many a times the Hon’ble Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case. This issue was highlighted recently in the judgement of the Hon’ble Supreme Court in the B. V. Gopinath case in SLP No. 6348/2011.

2. Procedural lapses have also been noticed in a few cases referred to this Department for advice. Two areas where procedural lapses are frequently noticed are: (i) not following the procedure prescribed in Rule 14(18) of CCS (CCA) Rules, 1965 while conducting the disciplinary inquiry; and (ii) not following the procedures laid down in Rule 9 of CCS(Pension) Rules, 1972 in the case of proceedings against retired Government servants.

3. Rule 14(18) of CCS (CCA) Rules, 1965, provides that, “the inquiring authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the evidence against him.”. This is a formal action required to be taken by the inquiry officer before closing the inquiry. It has been seen that many a times this is not formally recorded and the inquiry gets vitiated. It is imperative that the inquiry is conducted strictly in accordance with the procedures prescribed.

4. Attention is also invited to Rule 9 of the Central Civil Services (Pension) Rules, 1972, while lays down that the departmental proceedings, if instituted while the Government servant was in service, whether before his/her retirement or during his re-employment, shall, after his/her final retirement, be deemed to be proceedings under the rule and shall be continued and concluded by the authority which commenced them, in the same manner as if the Government servant had continued in service. This rule also stipulates that where the departmental proceeding is instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.

5. All Ministries / Departments are requested to please bring to the attention of all concerned the necessity of conforming to the procedures prescribed for conducting departmental proceedings.

6. In this regard, attention is also invited to the ISTM publication ‘Handbook for Inquiry Officers & Disciplinary Authorities, 2013′, which can be used as a reference guide in such matters. The Handbook may be accessed under ‘Publications/Reports’ on this Department’s website: http://persrnin.nic.in/DOPT.asp.

Source:  www.persmin.gov.in

Penalty Proceedings against Central Government Employees

Penalty Proceedings against Central Government Employees…

 

The below information is tabled to a question in Lok Sabha on 9th July 2014 by the Minister of State for Personnel, Public Grievances and Pensions as follows…

 

Article 311(1) of the Constitution provides that no person who is a member of the civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. Again as per Article 311(2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

 

Disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA)Rules, 1965] can be initiated against a Government Servant for violation of the provisions of the Central Civil Services (Conduct) Rules, 1964. The procedures for imposition of major penalties minor penalties are prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965], respectively. There are similar provisions in Rules governing the All India Services.

 

A list of Minor and Major penalties that may be imposed on a Government servant for good and sufficient reasons as provided in Rule 11 of CCS (CCA) Rules is annexed.

 

The data on cases registered involving major penalty proceedings and punishment awarded on conviction are not centrally maintained.

 

It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings.

 

In order to check delays in completion of disciplinary proceedings, guidelines for monitoring and expeditious disposal of the disciplinary proceedings cases have been issued on 29th November, 2012.

 

ANNEXURE

PENALTIES SPECIFIED IN THE RULE 11 OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965.

 

MINOR PENALTIES

(i) Censure;

 

(ii) Withholding of his promotion;

 

(iii) Recovery from his pay of the whole or part of any pecuniary loss caused the Government by negligence or breach of orders;

 

(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;

 

(vii) Compulsory retirement;

 

(viii) Removal from service which shall not be a disqualification for future employment under the Government;

 

(ix) Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

 

Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause 

 

(viii) or clause (ix) shall be imposed:

Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.

Requisition of information regarding transfer, retirement, voluntary retirement, resignation, missing, long leave and death of officials who have been allottee of GPRA

Requisition of information regarding transfer, retirement, voluntary retirement, resignation, missing, long leave and death of officials who have been allottee of GPRA

Request for furnishing of information regarding transfer, retirement, voluntary retirement, resignation, missing, long leave (with medical certificate and without medical certificate) and death of Government officials, who have been allottees of General Pool Residential Accommodation (GPRA) and disciplinary action taken against the delinquent allottees of GPRA to the Directorate of Estates and its regional offices.

                                                                     203513/2002-Pol.II
                                                                    Government of India
                                                           Ministry of Urban Development
                                                                    Directorate of Estates
                                                                         Policy-II Section

                                                                                                                                          Nirman Bhavan,
                                                                                                                                    New Delhi 110 108.
                                                                                                                         Dated the 15th April, 2014.

                                                          OFFICE MEMORANDUM

Sub: Request for furnishing of information regarding transfer, retirement, voluntary retirement, resignation, missing, long leave (with medical certificate and without medical certificate) and death of Government officials, who have been allottees of General Pool Residential Accommodation (GPRA) and disciplinary action taken against the delinquent allottees of GPRA to the Directorate of Estates and its regional offices.
In continuation of this Directorates' O.M of even number dated 25.6.2013 on the subject, the undersigned is directed to request all Ministries/Departments/Offices of Government of India to furnish the information on outcome of the Disciplinary proceedings, under CCS(CCA) Rules, 1964 and a copy of orders in respect of transfer of officials to an ineligible office, eligible office and outstation and voluntary retirement, resignation, death and missing government employees and employees on tong leave (with medical certificate and without medical certificate on occurrence of such events along with details of general pool residential accommodation occupied by such alloftees to the concerned offices of Directorate of Estates directly as per details given below:-

Sl. No.	Location	Type of GPRA	Concerned Officer	Address
1	Delhi	I to IV	Deputy Director (A-II)	Room No.412C, Directorate of Estates, Nirman Bhawan, New Delhi-1I 0108
2	Delhi	IV(S) to VIII	Deputy Director (A-I)	Room No.410C, Directorate of Estates, Nirman Bhawan, New Delhi-110108
3	All Regional Offices /Cities other than Delhi	All types	Estates Manager /Asst. Estates Manager in the city concerned	As per Annexure

2. All Ministries and Departments of the Government of India are also requested to circulate this information to all offices (including statutory bodies etc.) under their control with the direction to adhere to the request of this Directorate without fail. (S.K.Jain) Deputy Director of Estates (Policy) (2) 2306 2816 LIST OF

REGIONAL OFFICES OF DIRECTORATE OF ESTATES/CPWD 

Annexure

Sl. No	Name of Station	Full address with Pin Code	Fax No.
1	Mumbai	The Estate Manager, Old CGO Bldg. 3rd floor, Annexe, 101, MK Road, Church Gate, Mumbai-400020	22031276 22051802*
2	Kolkata	The Estate Manager, Government of India, 5, Esplanade East, Kolkata-700069	22482747
3	Nagpur	The Assn. Estate Manager, New Secretariat Bldg., 1st floor, East Wing, Civil Lines, Nagpur-440001	2565864
4	Chandigarh	The Asstt. Estate Manager, Kendriya Sadan, Block No. III, 2nd Floor, Sector-9A, Chandigarh-160017	0172-2741194
5	Chennai	The Asstt. Estate Manager, Shastri Bhawan, Chennai-600006	044- 28262120
6	Shimla	The Asstt. Estate Manager, Grand Hotel, Shimla-171001	0177-2658121
7	Faridabad	The Assn. Estate Manager, NH-IV, Faridabad-121001	95129-2755170 (PP)
8	Ghaziabad	The Estate Cell, Hapurchungi, Ghaziabad-201002	95129-2412125 (PP)
9	Mysore	Estate Manager/Executive Engineer, Mysore Central Division, CPWD, Nirman Bhawan, Siddartha Nagar, T.Narasipura Road, Mysore-570011	0821-2470601, E-mail- eecpwdmysore@yahoo.com
10	Cochin	The Executive Engineer, Cochin Central Division, CPWD, B1ock-C2, 2nd Floor, Kendriya Bhawan, Opp. CSEZ, Kakkanad, Kochi-682037	0484-2361088
11	Bangalore	The Superintending Engineer, Bangalore Central Circle, CPWD, 'A' Wing, lst Floor, Kendriya Sadan, 17th Main Koramangala, Bangalore-560034	080-25535353
12	Hyderabad	1. The AE-cum Assistant Estate Manager, Estate Office/Cell, Room No. 182, 1st Floor, Kendriya Sadan, Sultan Bazar, Hyderabad-500095	24735895 (CPWD)
		2. SE-cum-Estate Manager, Hyderabad
13	Imphal	The Executive Engineer, Manipur Central Division, No. CPWD, Tulihal Airport, Imphal-795140	0385-2455095
14	Rajkot	The Executive Engineer, Rajkot Central Division, CPWD, Kothicompound Rajkot-360001	2456826
15	Jaipur	Estate Manager, Co/o Executive Engineer, CPWD, Kendriya Sadan, Block-A, Room No. 110, Sector -10, Vidyadhar Nagar, Jaipur-302023	0141-2232799
16	Agra	Executive Engineer/Estate Manager, Agra Central Division, CPWD, Block No. 63/4, Kendralaya, First Floor, Sanjay Place, Agra-282002.	2858018
17	Trivandrum	The Superintending Engineer, Trivandrum Central Circle, CPWD, CGO Complex, 1st floor, C Block, Poonkulam, Vellayani P.O., Trivandrum-695522.	0471-2481737
18	Gangtok	The Executive Engineer, Gangtok Central Division, CPWD, Gangtok, P.O. Rajbhawan-737103	03592-205598
19	Lucknow	The Asstt. Estate Officer, Lucknow Central Circle, Kendriya Bhawan, 4th floor, Sector-H, Aliganj, Lucknow-226024	2329032
20	Dehradun	The Estate Officer, Dehradun Central Circle-1 , CPWD, 20, Subhash Road, Dehradun-248001	0135-2710243/2650884
21	Agartala	The Executive Engineer, Tripura Central Division, CPWD, Agartala Airfield, Agartala-799009	0381-2342238Email:cpwdagt@yahoo.co.in
22	Port Blair	The Estate Manager-cum-Executive Engineer, Andaman Central Division, CPWD,GPOA Bldg., CGO Complex, Kendriya Sadan, 1st Floor 'A' Block, Lamba Line, Port Blair-444103	233583 Email: acdcpwd@yahoo.com
23	Guwahati	The Executive Engineer, Guwahati Central Division, CPWD, Bamunimaidan, Guwahati-781021	0361-2656199
24	Bhopal	The Executive Engineer (HQ), CPWD, Bhopal Central Circle, Nirman Sadan, 52A, Area Hills, Bhopa1-462011	0755-2679321 Email: seccowdbpl@yahoo.co.in
25	Allahabad	Estate Manager-cum-Assistant Engineer, CPWD, Allahabad Central Circle, 34-A, M.G. Marg, Civil Lines, Allahabad-211001	2407849
26	Srinagar	The Executive Engineer, Srinagar Central Division, CPWD, CRPF Campus, RTC-IV, Humham, Srinagar (Kashmir (J&K)
27	Bikaner	The Executive Engineer, Bikaner Central Division, CPWD, Sagar Road, Bikaner-334003	0151-2230618
28	Kohima	The Assn. Engineer, KCSD-I, CPWD Kohima, C/o DIG (Ops) CRPF Camp, Lerie hill, Kohima, Nagaland-797001
29	Shillong	Estate Manager/The Executive Engineer, Meghalaya Central Division, CPWD, Dhankheti, Cleve Colony, Shillong-793003	2228769
30	Varanasi	The Executive Engineer, Varanasi Central Division/Circle, CPWD, Kendranchal, Bada Lalpur, Lamhi, Varanasi-221007	Email:eevaranasi@sify.com Fax: 0542-2290648
31	Pune	Executive Engineer-cum-Assistant Estate Manager,CPWD, Pune Central Division-II, Mukundnagar, Pune-411037
32	Bareilly	Executive Engineer,Central Public Works Department (CPWD Bareilly Central Division, Nirman Jyoti, C48, Dindayalpuram, Bareiliy (U.P.)-243122
33	Goa	Superintending Engineer, Goa Central Division, Central Public Works Department (CPWD), Bambolim, Goa-403202
34	Jodhpur	Executive Engineer, CPWD, Jodhpur Cenral Division, Nirman Bhawan, 3, West Pates Nagar, Cicuit House Road, Jodhpur -342011
35	Vijayawda	The Executive Engineer, Vijayawada Central Division Autonagar, CPWD, Vijayawada
36	Indore	Executive Engineer, Indore Central Division No. 1,CPWD, CIA Bhawan, near GPOA, Residency Area, Indore (M.P.)-452001
37	Calicut	The Executive Engineer, CPWD, Calicut Central Circle, Duttsaw Mill Road, Kallai P.O., Calicut-673003.
38	Kanpur	1. The Assn. Estate Manager/Asstt. Engineer, Kanpur Central Subdivision. II. CPWD, Nirman Sadan, Near IIT Gate, G.T. Road, CPWD Campus, Kalyanpur, Kanpur-208017	eecked@rediffmail.com
		2.Superintending Engineer, Kanpur Central Division CPWD, Nirman Sadan, Near IIT Gate, G.T. Road, CPWD Campus, Kalyanpur, Kanpur-208017
39	Siliguri	Executive Engineer (P&A), Siliguri Central Circle (EZ), Olo Superintending Engineer, CPWD, Nirman Bhawan (3rd Floor), Matigara Siliguri-734010.	Se_sccez@rediff.com

Source: http://estates.nic.in/WriteReadData/dlcirculars/Circulars20328.pdf

Minister explained in Parliament to a question regarding suspension under Rule 10 of CCS (CCA) Rules, 1965

Minister explained in Parliament to a question regarding suspension under Rule 10 of CCS (CCA) Rules, 1965
Charge Sheeted to Government servant...

While answering to a question in Parliament the Minister of DOPT Shri V.Narayanasamy said that as per Rule 10 of CCS (CCA) Rules, 1965 the appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-

where a disciplinary proceedings against him is contemplated or is pending; or (aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or (b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial.

Article 311(1) of the Constitution provides that no person who is a member of the civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. Again as per Article 311(2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

The Ministers/MPs and other legislators are governed by separate and distinct provisions of the Constitution and are not governed by the rules applicable to Civil Servants.

Source: http://90paisa.blogspot.in/2013/12/minister-explained-in-parliament-to.html

Dopt orders : Various forms of protest action on two days Nationwide General strike on 20th and 21st February, 2013.

Various forms of protest action on two days Nationwide General strike on 20th and 21st February, 2013.

GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK, NEW DELHI-110001

D.O. No. 33012/1(s)/2013-Estt-B

Dated the 15th February, 2013

Dear Sir/Madam,

The Joint Platform of Action of Government and Associate Services Employee’s Organizations — All India Committee has given a notice that the affiliated organizations of JPA and the mass of employees working in Government services throughout the country will boycott work and resort to various forms of protest action on two days Nationwide General strike on 20th & 21st February, 2013 in pursuance of their Charter of Demands.

2. The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department’s OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).

3. A Joint Consultative Machinery for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of co-operation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.

4. The Central Government Employees under your Ministry / Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon’ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may be entrusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

5. In case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.

With kind regards,

Yours sincerely,
sd/-
(Manoj Joshi)
Joint Secretary (AT and Admn.)

Participation in any form of strike/mass casual leave / boycott of work etc., by Government servants - CCS(Conduct)Rules - regarding.

File No.33012/1(S)/2008-Estt(B) (Pt)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Dated the  2nd September, 2008

OFFICE MEMORANDUM

Subject :- Participation in any form of strike/mass casual leave / boycott of work etc., by Government servants - CCS(Conduct)Rules - regarding.

The undersigned is directed to say that the Instructions issued by the Department of Personnel & Training prohibit the Government servants from participating In any form of strike including mass casual leave, go-slow etc. or In any way abet any form of strike which will be in violation of Rule 7 of the CCS(Conduct) Rules, 1964. The Supreme Court has also agreed in several that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with inaccordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action.

2. A Joint Consultative Machinery (JCM) for Central Government employees is already functioning, this scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of cooperation between the Government, In its capacity as employer, and the general body of its employees In matters of common concern, and with the object, further of increasing the efficiency of the public service.

3. Therefore, apart from the fact that any form of strike/mass casual Leave / boycott of work would be in violation of the CCS(Conduct) Rule, going on any form of strike will also not be in the Interest of the employees. Accordingly,the undersigned is directed to convey that if any employee or an association / group
of employees, under any nomenclature, indulge in any form of strike/boycott of work in pursuance of any alleged demands, or send any letter conveying of their intention to organize any such event, in terms of the provisions mentioned in para-I above, the salary of such employees for the day/days in question shall not be paid and the details of such employees shall have to be intimated by the concerned office where such an event took place to the Administrative Ministry/Department concerned, within 15 days of such incident for a decision on how to treat the unauthorized absence occasioned by such an action by the employees.  This will be without prejudice to any disciplinary action that may be intimated against such employees. All Ministries/Departments are requested to bring the contents of this O.M. to the notice of all concerned offices under them.

sd/-
(Suneel K.Arora)
Secretary to the Government of India

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Nationwide-General-15022013.pdf]

Recommendations of the Committee of Experts on Disciplinary &Vigilance Inquiries (Hota Committee)

No.372/3/2007-AVD-III (Vol. 10)

Government of India

Ministry of Personnel, Public Grievances & Pension

Department of Personnel & Training

North Block, New Delhi.

24th January, 2013

OFFICE MEMORANDUM

Subject: Recommendations of the Committee of Experts on Disciplinary &Vigilance Inquiries (Hota Committee).

The undersigned is directed to refer to this Department’s Office Memorandum of even number dated 4th December, 2012 (copy enclosed. Link : http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/372 _3_2007-AVD-III-VolA-04122012.pdf) and to say that the report on action taken in pursuance of DoP&Ts OMs mentioned therein is still awaited from your Ministry/Department. It is, therefore, requested that the same may please be expedited (ignore if already sent).

sd/-

(N.Raja)

Deputy Secretary to the Govt. of India

Source: www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/372_3_2007-AVD-III-Vol.10A-24012013.pdf]

Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee)

Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee)

No.372/3/2007-AVD-III (Vol. 10)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training 

North Block, New Delhi,

4th December, 2012

OFFICE MEMORANDUM

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee).

The undersigned is directed to say that a meeting of Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary was held on 30.10.2012 on the above subject. The CoS, inter-alia, has recommended for compilation of the action taken by Ministries/Departments in compliance with the OMs/Circulars issued in respect of the recommendations regarding :

• compliance to the standard check list while sending cases to UPSC for advice )DoP&T's OM No.39011/12/2010-Estt.(B) dated 14th September, 2012);
• disposal of all pending cases for sanction of prosecution (DoP&T's OM No.372/64/2010-AVD-III dated 23rd December, 2010);
• deciding all pending disciplinary inquiries (DoP&T's OM No.372/55/2010-AVD-III dated 28th December, 2010).

[A copy of each of the above OMs is enclosed for ready reference]

It is, therefore, requested that action taken on above points in your Ministry/Department pursuant to the aforesaid OMs of DoPT may be sent to this Department within one month from the date of issue of this OM.

Encl : As above

sd/-

(Amarjit Singh)

Deputy Secretary to the Govt. of India

Source : www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/372_3_2007-AVD-III-Vol.10-04122012.pdf]