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Monday, 18 July 2016

CCS Rules, 1965- Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant — when a penalty is set aside-clarification

No.11012/05/2015-Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001
Dated : 14th July, 2016
OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965- Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant — when a penalty is set aside-clarification

Undersigned is directed to refer to the Department of Personnel and Training OM No. F. No. 11012/8/2011-Estt.(A) dated the 19 th November, 2014 on the above subject and to say that Hon'ble Supreme Court had in Union Of India & Ors vs S.KKapoor, 2011 (4) SCC 589 decided that where the report of the Union Public Service Commission is relied upon by the Disciplinary Authority, then a copy of the same must be supplied in advance to the concerned employee.

3. Representations received from Government servants against penalty in such cases may be dealt with in the following manner. Cases decided before the date of this judgement, i.e., 16th March, 2011 need not be reopened. In cases decided after 16th March, 2011, where a penalty was imposed after relying upon the advice of UPSC, but where a copy of such advice was not given to the Charged Officer before the decision, the penalty may be set aside and inquiry taken up from the stage of supply of copy of the advice of UPSC.

4. In cases where a penalty of dismissal, removal or compulsory retirement has been imposed, the Charged Officer, if he has not reached the age of superannuation, shall be deemed to be under suspension from the date of original penalty as per rule 10(4) of CCS (CCA) Rules, 1965.

5. Cases where the Government servant has retired shall be dealt with as per rule 69 of CCS (Pension) Rules, 1972. In the cases of any other penalties, only the penalty will be set aside, but no consequential benefits like arrears of pay shall be allowed. This will be decided by the Competent Authority after conclusion of the further inquiry. Similarly, in a case where a penalty of recovery has been imposed, if the recovery is being made in installments, the recovery shall be suspended pending finalisation of the further inquiry. No refund of the recovery already effected will be made. Whether the money already recovered has to be refunded will depend on the decision of the Disciplinary Authority. Where a penalty of withholding of increments has been imposed, if a withheld increment has become due, the same may be released. There is no question of release of any arrears till finalisation of the proceedings.

6. Hindi Version follows.
(Mukesh Chaturvedi)
Director (E)
To
All Ministries/ Departments of the Government of India.

DoPT Order
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Fixation of pay of existing Group ‘D’ employees in the revised pay structure

Fixation of pay of existing Group ‘D’ employees in the revised pay structure

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
PC-VI No. 370
RBE No. 82 /2016
No. PC-VI/2008/113/1
New Delhi, dated: 04.07.2016
The General Manager (P),
All Indian Railways & Production Units
(as per mailing list)

Sub: Fixation of pay of existing Group ‘D’ employees in the revised pay structure – clarification reg.

Consequent upon implementation of recommendations of 6th CPC as accepted by Govt. of India, instructions regarding placement and fixation of pay of Group ‘D’ employees (other than RPF/ RPSF) in Grade pay of Rs. 1800/- in PB-1 (Rs. 5200- 20200) were issued vide Board’s letter of even number dated 29.10.2008 (RBE No. 160/2008). Further clarification/ instructions on the issue were issued vide Board’s letters of even number dated 12.01.2009 & 08.11.2010.
2. On the basis of various references received from Zonal Railways and an Item being raised by NFIR on the issue; the matter has been further examined in consultation with the Ministry of Finance keeping in view the stipulation contained in Note I under Rule 7 (1) of Railway Service (Revised Pay) Rules, 2008 and it has been decided that those non-matriculate/ non-ITI Group ‘D’ employees, who were in service on the date of notification of Railway Service (Revised Pay) Rules, 2008 and retired/ expired or left service within six months of the notification of the Railway Services (Revised Pay) Rules, without being imparted training due to administrative reasons, may be placed in PB-1 with Grade Pay Rs. 1800/-

3. This issues with the concurrence of Finance Directorate of this Ministry.
sd/-
(M.K.Panda)
Jt. Director, Pay Commission
Railway Board
Source : AIRF
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Irregularities and misuse in availing Leave Travel Concession - Guidelines to be followed

Irregularities and misuse in availing Leave Travel Concession - Guidelines to be followed.

No. 31011/3/2013-Estt (A.IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk

North Block, New Delhi-110 001
Dated July 12, 2016
OFFICE MEMORANDUM

Subject: Irregularities and misuse in availing Leave Travel Concession - Guidelines to be followed.
The undersigned is directed to enclose a copy of draft O.M. on the subject noted above for comments within 15 days to the undersigned (email address: jha.sn@nic.in)
(Surya Narayan Jha)
Under Secretary to the Government of India

********
The undersigned is directed to say that some instances where some Government servants colluded with private travel agents to submit LTC claims showing inflated airfare to  clandestinely obtain undue benefits like free boarding/lodging/transport or cash refunds have come to notice of the Government.

2. In order to curb these malpractices the following steps may be taken:
(i) As per instructions reiterated from time to time, in all cases whenever a Govt. servant claims LTC by air, he/she is required to book the air tickets either directly  through the airlines (Booking counters, website of airlines) or by utilizing the service of  authorized travel agents viz. 'M/s Balmer Lawrie & Company', 'M/s Ashok Travels &  Tours' and 'IRCTC'. Proposals from different Ministries/Departments for relaxation  continue to be received on the plea that the Government servant was not aware of this  requirement. Vide the OM dated No. 31011/3/2015-Estt (A.IV) dated 18th February, 2016 detailed guidelines on submission and processing of claims were circulated. These guidelines are required to be made available to Government servants whenever they apply for LTC. Plea of ignorance of the instructions therefore cannot be used by such Government servants.

The nodal Ministries of M/s Balmer Lawrie & Co. (Ministry of Petroleum and Natural Gas), M/s Ashok Travels & Tours (Ministry of Tourism) and IRCTC (Ministry of Railways) shall issue instructions to these organisations to ensure compliance to the instructions issued vide O.M. dated 18 th  February, 2016 on issue of air tickets. Any violation of these instructions shall invite blacklisting.

(ii) Vide the Department of Expenditure's O.M. No. 19024/1/2009-E.IV dated 04.03.2011, it was clarified that reimbursement of air fare lower than LTC-80 fare of Air India is admissible for the journey(s) performed by Air India under LTC-80. LTC-80 fare is to be used as the ceiling beyond which no claim will be entertained. It has now been decided that in accordance with the canons of financial propriety, Government servants should purchase tickets at the lowest rate available at the time of booking for the date and time of scheduled journey. Government servant will be required to submit the print out of the tickets showing date and time of booking in addition to the fare charged. It may, however, be kept in mind that in some cases of cancellation/rescheduling, a refund fee may be applicable. This will be borne by the employee unless the journey had to be rescheduled/cancelled due to exigencies of work. The Authority which has approved the LTC will have the powers to cancel or reschedule it.

From pre-page:
(iii) While submitting the LTC claim after completion of the LTC journey, the Govt. servant will be required to submit a self-certificate on plain papers as follows:

(1) I certify that the airfare claimed by me is in respect of the fare charged by the Airline for the air journey only and does not include any charges for any facility/undue benefit including boarding/lodging/local transport.

(2) I also certify that I have booked the ticket at the lowest fare available for the destination at the time of booking for the scheduled date and time of departure. I am aware that suppression of any information or furnishing wrong information will render me liable to disciplinary action.

3.  The Administrative Ministries/Departments may also from time to time do random checks from airlines whether the tickets were booked at the lowest fare available on that date.  Attention of the Ministries/Departments is also invited to Rule 3(1)(i) of the Central Civil Services (Conduct) Rules, 1964 which requires the Government servants to maintain absolute integrity at all times. In addition, cheating/fraud also attract various sections of the Indian Penal Code 1860. Ministries/Departments should therefore not hesitate to take severe action against employees guilty of deliberate malpractices, particularly in collusion with travel agents etc.

4. All the Ministries/ Departments of Government of India are requested to bring the contents of this O.M. to the notice of all concerned.

(Surya Narayan Jha)
Under Secretary to the Government of India 

The Secretaries
All Ministries / Departments of Government of India.
(As per the standard list)
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7th CPC latest news: From August 1 Central Government employees will get 14.27% hike in basic pay, not overall 23.5%

7th CPC latest news: From August 1 Central Government employees will get 14.27% hike in basic pay, not overall 23.5%
 
The Central Government are also considering the demand made by employees union leaders to increase minimum wage from Rs 18,000 to Rs 26,000.

New Delhi, July 17: The much awaited hiked salary of Central Government employees will be credited to their official salary account bu August 1, 2016, as the recommendations made by 7th Pay Commission was approved on June 29 by Narendra Modi government. More than 47 lakh Central Government employees eagerly waiting for the hike will get 14.27 per cent hike in the basic pay and not 23.5 per cent. The hike in allowance has been delayed by at least four months. For which the government has formed a high level committee headed by Finance Minister Ashok Lavasa to re-examine the hike in HRA, NP, DA and many other allowances for the employees.

As per reports, the salaries government employees would receive from August 1, would be hiked by 14.27 per cent, without any allowances. Which technically makes it a lowest ever salary hike implemented by any Pay Commission since independence. On June 29, Central government had set up a high level committee to examine the anomalies in the 7CPC recommendations related to allowances. The committee will also consider the demand made by Central Government Employees Union leaders to increase minimum wage from Rs 18,000 to Rs 26,000.

The implementations of 7CPC which was done almost six months after Justice A K Mathur and his team submitted its findings and it will positively impact a total of 47 lakh central government employees, along with 53 lakh pensioners. The notification of the salary hike will be issued by the government by the end of this week.

Source: India.com
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Cabinet approves release of an additional instalment of DA to Central Government employees and DR to Pensioners, due from 1.1.2019

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