Lokpal Complaint Rules, 2020 - section 59 of the Lokpal and Lokayuktas Act, 2013 the Central Government hereby makes the following rules - DoPT

Lokpal Complaint Rules, 2020 - section 59 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014), the Central Government hereby makes the following rules - DoPT

Lokpal (Complaint ) Rules, 2020

Latest DoPT Orders 2020

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Department of Personnel and Training

NOTIFICATION

New Delhi, the 2nd March, 2020

G.S.R.148(E).- In exercise of the powers conferred by section 59 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement. - (1) These rules may be called the Lokpal (Complaint) Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definition. - In these Rules, unless the context otherwise requires -

(a) “Act” means the Lokpal and Lokayuktas Act, 2013 (1 of 2014);
(b) “offence” means an offence punishable under the Prevention of Corruption Act, 1988 (49 of 1988);
(c) words and expressions used and not defined in these rules, but defined under the Act shall have the same meaning as respectively assigned to them under the Act.

3. Form and manner of complaint. - (1) For the purposes of clause (e) of sub-section (1) of section 2 of the Act, a complaint shall be filed in the form appended to these rules as Annexure.
(2) A complaint shall be filed in any of the following manner, namely: -

• electronically, in the manner, as laid down by the Lokpal; or
• by post; or
• in person:

Provided that where the complaint is filed electronically, the hard copy thereof shall be required to be submitted to the Lokpal within a period of fifteen days from the date of filing:
Provided further that the Lokpal shall not keep the said complaint, received electronically, as pending, if the same is complete in all respects.
(3) A complaint shall contain the details of allegations about commission of an offence committed by the public servant:
Provided that no complaint shall be filed against the public servant under the Army Act, 1950(45 of 1950) or the the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (46 of 1950) or the Coast Guard Act, 1978 (30 of 1978), as the case may be.
(4) A complaint may ordinarily be made in English:
Provided that the Lokpal may also entertain a complaint in any of the languages referred to in the Eighth Schedule to the Constitution.
(5) The following shall be required to be annexed with the complaint, namely: –

• copy of the identity proof as specified in the form of complaint;
• registration or incorporation certificate of the organisation, on whose behalf the complaint is being made, if it is a board, body, corporation, company, limited liability partnership, authority, society, association of persons or trust; (c) copy of authorization certificate in favour of the signatory if the complaint is being made on behalf of the board, body, corporation, company, limited liability partnership, authority, society, association of persons or trusts;
• an Affidavit in the form as specified in the Part D of the Annexure; and
• duly signed detailed statement making out the allegation.

(6) The complaint filed against a public servant referred to in clause (a) of sub-section (1) of section 14 of the Act, shall be decided by the full bench referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 14, in the first instance, at the admission stage
(7) The complaint filed against a public servant referred to in clauses (b) and (c) of sub-section (1) of section 14 of the Act shall be decided by the bench as referred to in sub-section (3) of section 20 of the Act, in the first instance, at the admission stage.
(8) The Lokpal may seek such other information or affidavit relating to a complaint, as it deems fit.

Also check: Revised Rotational Transfer Policy applicable to CSS officers - Latest DoPT Orders 2020 January 27, 2020

4. Handling form(s) of complaint. - The Lokpal may process a complaint in the following manner, namely:-
(a) protect the identity of the complainant or the public servant complained against till the conclusion of the inquiry or investigation:
Provided that the protection, shall not be applicable, in cases where the complainant himself has revealed his identity to any other office or authority while making a complaint to the Lokpal;
(b) protect the integrity of the process of inquiry or investigation;
(c) dispose of the complaints, in limine, under the following conditions, namely:-

• where the contents of the complaint are illegible;
• where the contents of the complaint are vague or ambiguous;
• where the contents of the complaint are trivial or frivolous;
• where the complaint does not contain allegation against a public servant;
• where the complaint is not filed within the period of limitation under section 53 of the Act; and
• where the cause of the complaint is pending before any other Court or Tribunal or Authority.

(d) the Lokpal shall dispose of the complaints satisfying the conditions as contained in clause (c) above within a period of thirty days.

Source: DoPT

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Implementation of RTI Act - PIB

Ministry of Personnel, Public Grievances & Pensions

Implementation of RTI Act

04 MAR 2020

The Central Government is fully committed to implement the Right to Information (RTI) Act in respect of public authorities under it. Each State Government is responsible for implementation of the Right to Information Act in respect of the public authorities in the State concerned.

In respect of the Central Information Commissions, the appointment process has been conducted duly as and when vacancies were required to be filled up and has not been at preliminary stage.

Also check: DoPT - Notification regarding RTI Rules 2019

The Hon’ble Supreme Court vide its Order dated 16.12.2019 in M.A. No. 1979 of 2019 in WP (C) No. 436 of 2018: Ms Anjali Bhardwaj & Others Vs. Union of India and Others pertaining to fill up the vacancies in Central Information Commissions, has inter-alia directed that the Government complete the process of appointment in 3 months.

The process has reached an advanced stage for appointment of the Chief Information Commissioner and one Information Commission in Central Information Commission.

This information was provided by the Union Minister of State (Independent Charge) 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 Lok Sabha today.

MACP ON PROMOTIONAL HIERARCHY - MACP Supreme Court Order – Heard & Reserved - Order dated 23 Jan 2020

PIB

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Premature Retirement - PIB

Ministry of Personnel, Public Grievances & Pensions

Premature Retirement

04 MAR 2020

As on 27.02.2020, based on the updated/ reconciled information/ data provided by various Ministries/ Departments/ Cadre Controlling Authorities (CCAs) on the Probity Portal operated by Department of Personnel and Training, provisions of the Fundamental Rules FR 56(j) similar rules have been invoked against 163 Group ‘A’ officers, (including All India Services officers) and 157 Group ‘B’ officers during the period July, 2014 to January, 2020.

As per the provisions under FR 56(j), Rule 48 of Central Civil Services (CCS) (Pensions) Rules, 1972, and Rule 16(3) (Amended) of All India Services (Death-cum-Retirement Benefits) Rules, 1958, Government has the absolute right to retire Government officials prematurely on the ground of lack of integrity or ineffectiveness, in public interest.

Also check: Periodic review of Central Government Employees under Rule 48 of CCS (Pension) Rules,1972

This information was provided by the Union Minister of State (Independent Charge) Development of North- Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, DrJitendra Singh in written reply to a question in Lok Sabha today.

PIB

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Kendriya Vidyalayas School Admission Schedule for 2020-2021 - changes/modifications are effected in KVS Admission Guidelines - KVS

Kendriya Vidyalayas School Admission Schedule for 2020-2021 - changes / modifications are effected in KVS Admission Guidelines - KVS

KENDRIYA VIDYALAYA SANGATHAN
(Min. of HRD, Deptt. of Education, Govt. of India)

F.No.110331/01/2020/KVS(HQ)-Acad/9916-9948

03.03.2020

The Deputy Commissioner
Kendriya Vidyalaya Sangathan
All Regional Offices

Subject : Intimation regarding admission schedule for the academic session 2020 - 2021 - reg.

Madam/Sir,

With regard to the subject cited above, this is to say that KVS (HQ) is receiving number of queries regarding. announcement of admission schedule for the academic session 2020-21 for admission in all Kendriya Vidyalayas. In this connection, it is informed that some essential changes / modifications in KVS Admission Guidelines are under way. Therefore, admission process shall be started after such changes/modifications are effected in KVS Admission Guidelines. KVS will issue detailed instructions / guidelines very soon in this regard.

Also check: 7th Pay Commission Pay Scale revision - Assistant Editor in PB-2 GP 4600 w.e.f. 1.1.2006 and Pay Matrix Level-7 w.e.f. 1.1.2016: KVS Order

You are, therefore, directed to instruct all Principals under your jurisdiction to wait till further orders.

Yours faithfully,
(Dr. E. Prabhakar)
Joint Commissioner (Trg.)

Source: kvsangathan.nic.in

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Strengthening of administration-Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j)/(1) and Rule 48 of CCS (Pension) Rules,1972

CGDA

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt- 110010

AN/XI/11206/SA/PR/FR-56(J)/2019

Dated: 02.03.2020

To
All PCsDA/PCA (Fys)/CsDA
(Through CGDA Website)

Subject: Strengthening of administration-Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j)/(1) and Rule 48 of CCS (Pension) Rules,1972.

Please refer to this HQrs office circular bearing No. AN/XI/11206/e-Suchna/2019 dated 21.01.2020 under which periodicity and due date for receipt of the subject report along with other directions was circulated for strict compliance.

Also check: Steps to complete the pension case as prescribed in in CCS Pension Rules, 1972

Instructions exist on the need for periodical review of performance of Government servants with a view to ascertain whether the Government servant should be retained in service or retired service in the public interest. Provisions in this regard are contained in FR 56(j), FR 56(l) and Rule 48(1) (b) of CCS (Pension) Rules, 1972. Besides, the detailed guidelines on the above subject are already in public domain at http://dopt.gov.in under 'Notification' -'OM & Orders'- Establishment- Premature Retirement. However, copies of DOP&T O.M. No 25013/1/2013-Estt (A) dated 21.03.2014, No.25013/01/2013-Estt.A-IV dated 11.09.2015 and MOD, D (lab) Branch ID No 26(1)/2015-D (Lab) dated 30.05.2016 are enclosed herewith for guidance and taking an appropriate action with reference to orders on the subject.

Also read: Government amends Rule 54 of CCS (Pension) Rules, 1972 for Central Government Employees who dies early in his career

It is also re-iterated that project e-Suchna has been launched with an objective to introduce paperless reporting system. In order to achieve this objective, it is once again requested that the reports, (i) Strengthening of administration - Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j)/(l) and Rule 48 of CCS(Pension)Rules, 1972. (ii) Review of mechanism to ensure probity among Government servants (iii) Periodical review of Performance of Government servant as per the provision of FR 56(j), FR 56(l) and Rule 48(1) of CCS (Pension) Rules, 1972 and (iv) Representation of Women Members on the various Committees/ Boards concerned with selection of Posts in Central Government, may strictly be rendered through e Suchna portal only. Rendition of hard copy/ Fax copy may be discontinued.

Enclosures:
Amendment in CCS (Pension) Rules 1972 - Central Government employees

(Rajeev Ranjan Kumar)
Dy. CGDA (AN)

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Coverage under Railway Services (Pension) Rules, 1993, in place of National Pension System, of those Railway employees

NPS

RBE No. 28/2020

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

No. D-43/12/2018-F(E)III

New Delhi, Dated : 03.03.2020

The GMs/ Principal Financial Advisors,
All Zonal Railways/ Production Units,
(As per mailing list)

Subject: Coverage under Railway Services (Pension) Rules, 1993, in place of National Pension System, of those Railway employees whose selection for appointment was finalized before 01.01.2004 but who joined Railway service on or after 01.01.2004.

Also check: Good news for NPS employees

A copy of Department of Pension & Pensioners’ Welfare (DOP&PW’s) O.M. No. 57/04/2019-P&PW(B) dated 171 h February, 2020 is enclosed herewith for compliance and guidance. These instructions shall apply mutatis mutandis on the Railways also. Central Civil Services (Pension) Rules, 1972 correspond to the Railway Services (Pension) Rules, 1993. The Department of Economic Affairs, Ministry of Finance’s Notification No. 5n/2003-ECB &PR dated 22.12.2003, mentioned in the DOP&PW’s O.M. dated 17.02.2020, has been circulated on Railways vide this office’s letter No. F(E)III/2003/PN 1/24 dated 31.12.2003.

Also check: Progress of National Pension System by Railway Board Minutes of meetings

Similar to the amendments made in the Central Civil Services (Pension) Rules, 1972 and other connected rules, as mentioned in para 1 of the DOP&PW’s O.M. dated 17.02.2020, the Railway Services (Pension) Rules, 1993 and other connected rules were also amended vide Notification No. F(E)III/ 2003/PN1/38 dated 30.12.2003.

NPS: Additional benefit on death/disability of Government servant covered by NPS

Further, separate instructions with respect to para 9 of the DOP&PW’s O.M. dated 17.02.2020 will be issued by the Accounts Directorate for accountal of the corpus available in the NPS account of the railway servant.

D.A.: as above

(G. Priya Sudarsani)
Director, Finance (Estt.)

Railway Board

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Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964

Latest DoPT Orders 2020

F.No.11013/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi - 110001
Dated: 27 February, 2020

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 - reg.

The undersigned is directed to refer to this Department O.M. No. 11013/1/2016-Estt.A-III dated 5.08.2019 (copy enclosed) to say that the competent authority has now approved the modification in Para 3 and Para 4 of the existing O.M. dated 5.08.2019. Para 3 and Para 4 of existing OM dated 5.08.2019 are modified as under:

"3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 5 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS (Conduct) Rules, 1964. In cases where the Government senvants have assumed charge of elected posts prior to the issuing of O.M. dated 5.08.2019, they may be allowed to complete the full period of their current tenure, except in cases where there are charges of corruption and adverse audit paras etc."

2. All Ministries/ Departments/ Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

3.In their application to the employees of Indian Audit and Accounts Department, these order are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution

4. Hindi version will follow.

(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India
Tel: 23094471

To
The Secretaries of All Ministries/Departments
(as per the standard list)

Also check: Amendment in Central Civil Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants

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F. No. 11013/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi - 110001
Dated: 5 August, 2019

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) CCS(Conduct) Rules, 1964 - reg.

The undersigned is directed to say that as per Rule 15 (1) (c) of the CCS (Conduct) Rules, 1964, no Government servant shall except with the previous sanction of the Government, hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. DoPT's O.M. No. 110 13/9/93-Estt.(A) dated 22.04. 1994 had also stipulated that no Government servant should be allowed to hold elective office in any sports association/federation for a term of more than 4 years, or for one term whichever is less. Further, according to Department of Personnel & Training's OM No. 110 13/11/2007-Estt (A) dated the 13th November, 2007, the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties. All Ministries were requested to ensure that the participation of the Government servants in the activities of the cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

2. Instances have come to notice where Government servants continue to hold elective offices in various capacities for unduly long periods. In some cases, where bye-laws of these bodies place restrictions on the number of consecutive terms a person may hold an office, Government servants are reported to have either got themselves re-elected after a gap or have got a family member/ close relative elected as a surrogate in order to keep control of such bodies. In such cases, Government servants may not be bestowing adequate attention upon their official duties and, as a result, an apprehension may arise that such Government servants also develop vested interests, particularly if the body is involved in commercial activities, directly or indirectly.

Also check: Rule 18 of the CCS Conduct Rules, 1964- regarding standard forms for intimation/ permission under the rules and expenditure incurred on repairs or minor construction work in respect of immovable property

3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, period of two terms or for a period of 4 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS(Conduct) Rules, 1964. It may also be necessary that cases of such sanctions are reviewed from time to time and permissions earlier granted revoked where Government servants have been holding office in any body, whether incorporated or not, for more than four years or in cases there are charges of corruption, adverse audit paras etc. In such cases, the Government servant concerned may be directed to resign from his office in such body immediately. He will cease to discharge any function from the date such direction is conveyed to him, irrespective of the fact whether his resignation from the body is accepted or not. This action may be taken immediately in those cases where information is already available with the Ministries and Departments. In addition, all the Ministries and Departments are also requested to obtain information from their employees in the proforma attached to this Office Memorandum for reviewing the position as well as while considering the request for sanction under Rule 15(1)(c) of CCS (Conduct) Rules, 1964 in future.

5. This O.M. issues in supersession of DoPT's 110 13/9/93-Estt.(A) dated 22.04.1994.

6. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & Auditor General of India.

7. All Ministries/ Departments/ Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

8. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

Source: DoPT

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