Policy for Removal of Non-Performing Civil Servants

"Removal of Non-Performing Civil Servants Under Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rule, 1972"

Policy for Removal of Non-Performing Civil Servants

The provisions under Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rule, 1972 and Rule, 16(3) (Amended) of All India Services (Death-cum-Retirement Benefits) [AIS (DCRB)] Rules, 1958 have laid down the policy of periodic review and premature retirement of non-performing Government servants.

Up to January, 2018, a total of 21,195 Group 'A' and 47,039 Group 'B' officers have been reviewed, out of which provisions of FR 56(j) and relevant rules were invoked/recommended against 83 Group 'A' and 128 Group ‘B’ officers, including 15 officers of All India Services.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh, in written reply to a question in the Rajya Sabha today.

Source: PIB

Leave Encashment on Suspension/Dismissal/Removal - Dopt Clarification Orders

Leave Encashment on Suspension/Dismissal/Removal

Sl.No. /  Frequently asked Questions / Answer

1. Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings he/she will become eligible to the amount so withheld after adjustment of Government dues, if any.

2. Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from service?
A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Definition of term Stiff / Severe Minor Penalty

GOVERNMENT OF INDIA / BHARAT SARKAR
MINISTRY OF RAILWAYS / RAIL MANTRALAYA
(RAILWAY BOARD)

No. 2010/VI/DAR/1/1

New Delhi, dated 7.12.2012

The General Managers,
All Zonal Railways, PUs, CORE &
METRO, NF (Construction)

The Directors
IRIEEN, IRIMEE, IRICEN,
IRISET, IRITM

The DGs/RDSO & RSC

The CAO/DLMW, COFMOW

The Managing Directors/ All PSUs

Sub: Definition of term Stiff / Severe Minor Penalty
Ref : Board’s letter of even number dated 26.4.10.

In pursuance of Office Order No.99/DSP/1 dated 3.3.2010 received from the Central Vigilance Commission withdrawing the term "stiff / severe minor/major penalty", Board’s letter Nos. 99/VI/DAR/1/10 dated 23.8.99 (interpreting the term stiff/severe major penalty), 99/VI/Meet/4/1 dated 27.8.1999 (clarifying the term stiff/severe minor penalty) and RBV Circular No.15/2004 (defining the term stiff/severe minor penalty) issued under letter No.2003/VI/DAR/1/5 dated 13.7.2004, were treated as withdrawn / cancelled vide Board’s letter of even number dated 26.4.2010.

 

Inspite of the above, it has been given to understand that in some Zonal Railways, the phrase "stiff major penalty" is still being used for imposing one of the three major penalties i.e., Dismissal, Removal and Compulsory Retirement. It is once again reiterated that the term "stiff minor/major should not be used as these are no longer in use.

sd/-
(Vikas Purwar)
Director Vigilance (M)
Railway Board

Source : NFIR