DoPT 2020 - Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of CSSS & CSCS

DoPT 2020 - Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of CSSS & CSCS

Latest DoPT Orders 2020

No.25/4/2020-CS.II(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110 003.
Date: 10.01.2020

OFFICE MEMORANDUM

Subject: Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of Central Secretariat Stenographers’ Services (CSSS) & Central Secretariat Clerical Service (CSCS) - regarding.

In terms of Rule 18 of CCS (Conduct) Rules, 1964 and instructions issued by this Department vide OM No,11013/7/2014-Estt,A- III dated 05.01.2016, the Immovable Property Return (IPR) is required to be furnished by all the Government Servants belonging to Group-A, B and C. Accordingly, IPR should be submitted by all the CSCS/ CSSS Officials/ Officers latest by 31.01.2020. CSSS Officers in the grade of Principal Private Secretary (PPS) and above should submit their IPR through Web Based Cadre Management System hosted at cscms.nic.in, A copy of the print out of IPR submitted online should also be signed and submitted to CS.II(A) Section, which is the custodian of Immovable Property Return (IPR) of these Officers. Stenographer Grade-13, Personal Assistants and Private Secretaries of CSSS & Junior Secretariat Assistants and Senior Secretariat Assistants of CSCS will also submit their IPR to their respective Admin./ Vigilance Division.

2. Ministries/ Departments are therefore, requested that the contents of this O.M. may be widely circulated to the notice of all CSCS/ CSSS Officials/ Officers working under their respective control. They should also ensure that the IPR for the year 2019 (as on 31.12.2019) is submitted within the stipulated time by all the CSCS/ CSSS Officials/ Officers. All the officials/officers are informed that non-submission of IPR within the stipulated date, would invite the denial of Vigilance Clearance for Empanelment, Deputation., assignment to training programme (except mandatory training), applying to sensitive posts etc. as the IPR status needs to be checked for the said purpose(s).

3. It is, therefore, requested that all the CSCS/ CSSS Officers may be directed to file their Immovable Property Return (IPR) for the year 2019 (as on 31.12.2.019) well in time, latest by 31.01.2020. IPRs received beyond the stipulated date, shall not be regarded as conforming to the extant guidelines. Filing of IPR has already been started from 01.01.2020 and the “Immovable Property Returns” window has been operative at cscms.nic.in.

4. In case of any doubt/ difficulty about filing the IPR, Shri Sumit Kumar and Shri Batram Yadav, Assistant Section Officer of CS.II Division may be contacted at Telephone No, 2462 0118.

(Dinesh)
Under Secretary to the Govt. of India
E-mail dinesh.d13@gov.in
Phone: 2465 4020

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All India Strike 2020 Central Government Employees CCS Conduct Rules 1964 Latest DoPT Orders 2020

All India Strike 2020 Central Government Employees 

CCS Conduct Rules 1964

Latest DoPT Orders 2020

Latest DoPT Orders 2020 - All India Strike proposed on January 8, 2020 - Instructions under CCS (Conduct Rules), 196

Any central government employee striking in any form would face the consequences that, apart from wage deductions, could also include appropriate disciplinary action

MOST IMMEDIATE
OUT TODAY

No C-45018/1 /2017-Vig.
Government of India
Ministry of Personnel, P.G & Pensions
Department of Personnel & Training

North Block, New Delhi,
The 6th January, 2020.

Subject: All India Strike proposed on January 8, 2020 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that the Central Trade Union (CTUs), except Bhartiya Mazdoor Sangh and their affiliates in different sectors are mobilizing workers employees for their proposed nationwide general strike on January 8. 2020. The strike is mainly to protest against Union Government’s labour reforms, FDI, disinvestment, corporation and privatization polices and to press for 12 - point common demands of the working class relating to minimum wage and social security, among others.

Get more details: Central government employees news latest update

2. The instructions issued by the Department of Personnel and 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 / protest 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 form 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 /protest. 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 law. Any employee going on strike in any form would face the consequences which besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department”s O.M. No.33012/1/(s)/2008- Estt.(8) dated 12.9.2008 on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees. if applied for during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike all Divisional Heads are requested to forward a report indicating the number and details of employees. who are absent from duty on the day of strike. i.e. 08 .01.2020.

(Brij Mohan)
Under Secretary to the Govt. of India

Source: DoPT

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

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

F. No. 11013/1/2O16-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,20l9

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) ofCCS(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. 1l0l3/9/93-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 OM No. 11013/ ll /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.

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 4 ]rears. 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, L964. 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, L964 in future.

5. This O.M. issues in supersession of DoPT's ll0l3/9/93-Estt.(A) dated 22.O4.1994.

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

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

Copy to:

1. President's Secretariat, New Delhi.
2. Vice-President's Secretariat, New Delhi.
3. The Prime Minister's Office, New Delhi.
4. Cabinet Secretariat, New Delhi.
5. Rajya Sabha Secretariat Lok Sabha Secretariat, New Delhi.
6. The Controller and Auditor General of India, New Delhi.
7. The Secretary, Central Vigilance Commission
8. The Secretary, Union Public Service Commission, New Delhi.
9. The Secretary, Staff Selection Commission, New Delhi.
10. All attached offices under the Ministry of Personnel, Public Grievances and Pensions.
11. National Commission for Scheduled Castes, New Delhi.
12. National Commission for Scheduled Tribes, New Delhi.
13. National Commission for OBCs, New Delhi.
14. Secretary, National Council (JCM), 13, Feroze Shah Road, New Delhi.
15. CVOs of all Ministries/ Departments.
16. ADG (M&C), Press Information Bureau, DoP&T
17. NIC, Department of Personnel & Training, North Block, New Delhi
18.Hindi Section, DoP&T for translation in Hindi

(Satish Kumar)

Under Secretary to the Govt. of India

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Nature of discipline and a punishment appropriate to the seriousness of the offense committed

Nature of discipline and a punishment appropriate to the seriousness of the offense committed

No.C-14016/09/2019-VP
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi- 110 001
Dated: 24.04.2019

To
All Chief Post Masters General

Subject: Nature of disciplinary action and quantum of punishment to be commensurate with the gravity of the offence committed- reg.

Madam / Sir,
It has been observed by the Competent Authority that in some of the Rule9 cases submitted to this office for Presidential Order the charge sheets under Rule-14 of CCS (CCA Rules, 1965 are issued to the officials in cases having low gravity of offence committed by the delinquent officials immediate before their retirement. These proceedings are deemed to be continued under Rule-9 of CCS (Pension) Rules, t972 after their retirement.

On examining such cases, the misconduct or negligence cannot be established grave enough which warrants imposition of penalty by way of withholding pension / gratuity or both in terms of Rule-9 of CCS (Pension) Rules, 1972. As such the proposal is dropped by the Competent Authority. This results in payment of interest on delayed payment of Gratuity to the official.

Instruction on the subject matter have already been circulated vide letter No 6/19/72Disc.1 dated 29.11.1972 (DG P&T order 2 below Rule’14 of CCS (CCA) Rules, 1965). It is, therefore, reiterated that in future while issuing charge sheet to the delinquent officials, the Disciplinary Authority should determine the with care and deliberation gravity of office and nature of action to be taken in each case on its merits.

Yours faithfully,
Shailendra Dashora)
DDG (VP, SR &Legal)

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Revision of Limit of Transactions in Shares and Securities for Central Government Employees and Officers - DoPT

Revision of Limit of Transactions in Shares and Securities for Central Government Employees and Officers - DoPT

Limit of Transactions in shares, securities, debentures or mutual funds scheme for CG Employees and Officers

"Sub-rule (1) of the Rule 16 provides that no Government servant shall speculate in any stock, share or other investment.”

CCS (Conduct) Rules, 1964 - Revision in limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

F.No.11013/6/2018-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-Ill Desk

North Block, New Delhi-110001
Date: 07.02.2019

OFFICE MEMORANDUM

Subject: CCS (Conduct) Rules, 1964 - Revision in limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

The undersigned is directed to refer to this Department's O.M. No.11013/ 6/91-Et.(A) dated 08.04.1992 prescribing the following limit of transactions in shares, securities, debentures or mutual funds scheme, etc for intimation to Government in a prescribed format:

(i) Group 'A' and 'B' Officers - If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 50,000/- during the calendar year.
(ii) Group 'C' and 'D' Officers - If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 25,000/- during calendar year.

2. Sub-rule (1) of the Rule 16 provides that no Government servant shall speculate in any stock, share or other investment. It has also been explained that frequent purchase or sale or both, of share, securities or others investments shall be deemed to be speculation within the meaning of this sub rule. But, the occasional investments made through stock brokers or other persons duly authorized and licensed or who have obtained a certificate of registration under the relevant laws is allowed in this rule. With a view to enable the administrative authorities to keep a watch over such transaction, it has been decided that an intimation may be sent in the enclosed proforma to the prescribed authority in respect of all Government servants, if the total transactions in shares, securities, debentures, mutual funds scheme, etc. exceeds six months' basic pay of Government servant during the calendar year (to be submitted by 31st January of subsequent calendar year).

3. It is also clarified that since shares, securities, debentures, etc. are treated as movable property for the purpose of Rule 18(3) of CCS(Conduct) Rules, 1964, if an individual transaction exceeds the amount prescribed in Rule 18(3), the intimation to the prescribed authority would still be necessary.
The intimation prescribed in para 2 above will be in addition to this, where cumulative transaction(s) i.e. sale, purchase or both in shares, securities, debentures or mutual funds, etc. in a year exceed the limits indicated in para 2 above.

4. This Office Memorandum issues in supersession of this Department's O.M. No. 11013/ 6/91-Ests.(A) dated 08.04. 1992.

5. In so far as the personnel serving in Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.

6. All Ministries/ Departments are requested to bring these instructions to the notice of all concerned authorities under their control.

7. Hindi version will follow.

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

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All India Protest Day for 19th September, 2018 - Instructions under CCS (Conduct Rules) 1964

All India Protest Day for 19th September, 2018 - Instructions under CCS (Conduct Rules) 1964

DoPT

MOST IMMEDIATE
OUT TODAY

No.45018/1/2017-Vig.

Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 18th September, 2018

Subject: All India Protest Day for 19th September, 2018 - Instructions under CCS (Conduct Rules), 1964 - Regarding.

It has been brought to the notice of the Government that National Joint Council of Action (NJCA), New Delhi has decided to observe "All India Protest Day" on 19th September, 2018 in support of the following issues:

i. Upward Revision of Minimum Wage and Fitment Formula,
ii. Scrapping of the New Contributory Pension Scheme; and
iii. Allow Option No. 1 as one of the Pension Fitment Formula.

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow 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(I) 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 ruled 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. Attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008-Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protest, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest, all Divisional Heads are requested to forward report indicating the number and details of employees, who are absent from duty on the day of protest, i.e., 19.09.2018.

(Juglal Singh)
Deputy Secretary (JCA)

Source: DoPT

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Restriction in conduct rules on investments by employees

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA

UNSTARRED QUESTION NO-1223
ANSWERED ON-28.12.2017

Restriction in conduct rules on investments by employees

1223 . Shri Narayan Lal Panchariya

(a) whether there are any restrictions under relevant conduct rules on investments by Central Government employees in stock market/financial market instruments;
(b) if so, the details thereof and the reasons therefor;
(c) whether Government is considering any proposal for giving greater freedom to Central Government employees to invest in such instruments; and
(d) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a) & (b): Yes Sir. Rule 16 of the Central Civil Services (Conduct) Rules, 1964, is relevant for investment by Central Government employees in stock/ financial market instruments. The provisions of Rule 16 are reproduced as under:

"(1) No Government servant shall speculate in any stock, share or other investment: Provided that nothing in this sub-rule shall apply to occasional investments made through stock brokers or other persons duly authorised and licensed or who have obtained a certificate of registration under the relevant law. Explanation - Frequent purchase or sale or both, of shares, securities or other investments shall be deemed to be speculation within the meaning of this sub-rule."

(2) (i) No Government servant shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties. For this purpose, any purchase of shares out of the quotas reserved for Directors of Companies or their friends and associates shall be deemed to be an investment which is likely to embarrass the Government servant.

(ii) No Government servant who is involved in the decision making process of fixation of price of an Initial Public Offering or Follow-up Public Offering of shares of a Central Public Sector Enterprise shall apply, either himself or through any member of his family or through any other person acting on his behalf, for allotment of shares in the Initial Public Offerings or Follow-up Public Offerings of such Central Public Sector Enterprise.

(3) If any question arises whether any transaction is of the nature referred to in sub-rule (1) or sub-rule(2), the decision of the Government thereon shall be final.

(4) (i) No Government servant shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his family or any other person acting on his behalf,

(a) lend or borrow or deposit money, as a principal or an agent, to, or from or with, any person or firm or private limited company within the local limits of his authority or with whom he is likely to have official dealings or otherwise place himself under any pecuniary obligation to such person or firm or private limited company; or

(b) lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid:

Provided that a Government servant may give to, or accept from, a relative or a personal friend a purely temporary loan of a small amount free of interest, or operate credit account with a bona fide tradesman or make an advance of pay to his private employee:

Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by a Government servant with the previous sanction of the Government.

(ii) When a Government servant is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-rule (2) or sub-rule (4), he shall forthwith report the circumstances to the prescribed authority and shall thereafter act in accordance with such order as may be made by such authority.

2. Further, vide O.M. No. 11013/6/91-Ests.(A) dated 8.04.1992 (copy enclosed), it was clarified that shares, securities, debentures etc. are treated as movable property for the purpose of Rule 18 (3) of the Central Civil Services (Conduct) Rules, 1964, which provides for intimation/ permission of an individual transaction, if the value of such transaction exceeds two months of basic pay of the Government servant.

(c) & (d): At present, there is no proposal under consideration of the Government for giving greater freedom to Central Government employees to invest in stock market/ financial market instruments.

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Central Govt employee opts for a surrogate child – What says CCS (Leave) Rules..?

Central Govt employee opts for a surrogate child – What says CCS (Leave) Rules..?

Can Central Govt Female Employees Opting for Surrogate Pregnancy Claim Maternity Leave?

Parenthood is a gift of god. Thanks to the development in medical sciences, childless couples can now opt for surrogate pregnancies. If women employees of Central Government organizations opt for surrogate pregnancies, can they claim maternity leave?

Women employees of Central Government establishments are given Maternity leave for a period of 180 days and male employees are given Paternity Leave for a period of 15 days if they choose to adopt babies. At present, there is no leave entitlements for parents of the surrogate child.

Let’s see what the Indian medical Research Council has to say about couples who choose to have babies through surrogate mothers.

Surrogacy: General Considerations

A child born through surrogacy must be adopted by the genetic (biological) parents unless they can establish through genetic (DNA) fingerprinting (of which the records will be maintained in the clinic) that the child is theirs.Guidelines for ART Clinics in India ICMR/NAMS

Surrogacy by assisted conception should normally be considered only for patients for whom it would be physically or medically impossible/undesirable to carry a baby to term.

Payments to surrogate mothers should cover all genuine expenses associated with the pregnancy. Documentary evidence of the financial arrangement for surrogacy must be available. The ART centre should not be involved in this monetary aspect.

Advertisements regarding surrogacy should not be made by the ART clinic. The responsibility of finding a surrogate mother, through advertisement or otherwise, should rest with the couple, or a semen bank.

A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full-term pregnancy.

A relative, a known person, as well as a person unknown to the couple may act as a surrogate mother for the couple. In the case of a relative acting as a surrogate, the relative should belong to the same generation as the women desiring the surrogate.

A prospective surrogate mother must be tested for HIV and shown to be seronegative for this virus just before embryo transfer. She must also provide a written certificate that (a) she has not had a drug intravenously administered into her through a shared syringe, (b) she has not undergone blood transfusion; and (c) she and her husband (to the best of her/his knowledge) has had no extramarital relationship in the last six months.

(This is to ensure that the person would not come up with symptoms of HIV infection during the period of surrogacy.) The prospective surrogate mother must also declare that she will not use drugs intravenously, and not undergo blood transfusion excepting of blood obtained through a certified blood bank.

No woman may act as a surrogate more then thrice in her lifetime

Source: www.7thpaycommissionnews.in

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Central Civil Services (Classification, Control and Appeal) (Second Amendment) Rules, 2014

Central Civil Services (Classification, Control and Appeal) (Second Amendment) Rules, 2014

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—Sec 3(i)]

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

NOTIFICATION

New Delhi, the 31st October, 2014

G.S.R. 769(E).- In exercise of the powers conferred by the proviso co article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller und Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appel) rules 1965 namely—

1. (I) These rules may be called the Central Civil Services (Classification, Control and Appeal) (SecondAmendment) Rules, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Classification. Control and Appeal) Rules, 1965 (hereinafter referred to as the said rules)

(a) In rule I5, for sub-rules 2A, 3 and 4, the following sub-rules shall be substituted, namely: —

3) (a) In every case where it ta necessary to consult the Commission, the Disciplinary Authority shall forward or cause to be forwarded to the Commission for its advice:

(i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and

(ii) comments of Disciplinary Authority on the representation of the Government servant on the Inquiry report and disagreement note, if any and all the cue records of the inquiry proceedings

(b) The Disciplinary Authority shah forward or cause to be forwarded a copy of the advice of the Commission received under clause (a) to the Government savant, who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, on the advice of the Commission

(4) The Disciplinary Authority shall consider the representation under sub-rule (2) and/ or clause (b) of sub-rule (3), if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in sub-rules (5) and (6).

(5) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion the any of the penalties specified in clauses (I) to (iv) of rule 11 should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 16, make an order imposing such penalty.

(6) If the Disciplinary Authority having regard to its findings on ail or any of the articles of charge and on the basis of the evidence adduced during the inquiry Is of the opinion that any of the penalties specified in clauses (V) to (ix) of rule 11 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government savant any opportunity of making representation on the penalty proponed to be imposed.”;

(b) In rule 16,—

(i) in sub-rule (I),-

(A) for the words, brackets and figure “sub-rule (3)”, the words, brackets and figure ‘sub-rule (5)” shall be substituted;

(B) for clauses (d) and (e), the following clauses shah be substituted; namely: —

“(d) Consulting the Commission where such consultation is necessary. The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission to the Government servant, who shall be required to submit, if he so desires, his written representation or submission on the advice of the Commission, to the Disciplinary Authority within fifteen days; and
(e) recording a finding on each imputation or misconduct or misbehavior.”

(ii) in sub-rule (2) for clauses (vi) and (vii), the following clauses shall be substituted,

“(vi) representation, if any, of the Government servant on the advice of the Commission:
(vii) the findings on each imputation of misconduct or misbehavior; and
(viii) the orders on the case together with the reasons therefor.;

(C) In rule 17, the words “and also a copy of the advice, if any, given by the Commission,” shall be deleted;

(d) In rule 19, in the second proviso, after the words “where such consultation ta necessary”, the words “and the Government servant has been given an opportunity of representing against the advice of the Commission.” shall be added;.

(e) In rule 27, in sub-rule (2), in the proviso, in clause (i) alter the words “where such consultation is necessary” the words “and the government servant has been given an opportunity of representing against the advice of the Commission,” shall be added:

(f) In rule 29, in sub-ruIe (1) in the first proviso, after the words “where such consultation is necessary”. the words“ and the Government servant has been given an opportunity of representing against the advice of the Commission shall be added:

(g) In rule 29-A, in the proviso, after the words “where such consultation is necessary”, the words “and the Government servant has been given an opportunity of representing against the advice of the Commission.” shall be added;

(h) In rule 32 shall be omitted.

[F. No. 11012/8/2011-Estt.(A)]

MAMTA KUNDRA, Jt. Secy.

Source: www.persmin.gov.in

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COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC

COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC

The CIC Prof M Sridhar Acharyulu held on 3rd November 2014 that ‘charge-sheet’ has to be disclosed after separating non-disclosable portions, if any, as per restrictions prescribed under RTI Act. Ms. Usha Kanth Asiwal sought to know from Director of Vigilance Delhi, details of complaint made to Anti Corruption Bureau on 25-04-2001 and inquiry leading to registration of case against 13 persons under Prevention of Corruption Act, which is now under prosecution in Tis Hazari Courts. She sought 22 point information, which broadly relate to contents of the Charge-sheet.

The PIO denied the information u/s 8(1)(h) of the RTI Act claiming disclosure would impede investigation or prosecution. The First Appellate Authority upheld the decision of the PIO. She approached the Commission in second Appeal. Though demand was not for copy of charge-sheet, the appellant agreed that a copy of charge-sheet would answer his application. Then issue before the Commission was whether charge sheet was public document, and if so could that be shared under RTI Act with any citizen.

CIC Prof Sridhar Acharyulu explained: ‘The charge sheet is a report held by the investigating officer, or public authority or court of law. As per the RTI Act, any information held by the public authority can be accessed by the citizen subject to the exceptions provided under Section 8. Because the charge-sheet contains the evidence which need to be adduced in the court of law, there is a possibility of opening up many details which could be personal or private or confidential. If the allegation requires to be proved by call data, the charge sheet refers to sheets of call data, which surely contain call details unrelated to allegation. That could be private information need to be protected. Hence each charge sheet has to be separately examined and only after separating unnecessary and unrelated details of evidence, and only required and permissible information out of chargesheet should be disclosed. Thus Charge-sheet can neither be prohibited enbloc from disclosure nor disclosed totally. Charge-sheet is a document held by concerned authority, which has to examine disclosable aspects vis-a-vis Section 8 and 9 of the RTI Act and then decide the case’.

As per the Criminal Procedure, the charge-sheet is the end product of investigation. With filing of charge-sheet, the investigation is closed and defense that investigation might get impeded does not stand at all. Whether revealing the information impedes apprehension or prosecution is the next question. The Respondent authority did not even raise this point and did nothing to explain the Commission about possibility of impeding apprehension/prosecution by disclosure. The Public Authority just mentioned the section number and did nothing else. The First Appellate Authority also did not apply the mind and chose not to give any reasons for upholding the denial by PIO. The exemption of larger public interest provided in Section 8(1) is not available to this clause (h). Thus it has to be decided on facts whether disclosure of charge-sheet will really obstruct investigation, apprehension or prosecution. The judgment of the Delhi High Court in W.P.(C) No.3114/2007 – Shri Bhagat Singh Vs. Chief Information Commissioner & Ors on this aspect is of relevance, since it deals with the applicability of the Section 8(1)(h) of the RTI Act 2005: S Ravinder Bhat J specifically notes, “As held in the preceding part of the judgment, without a disclosure as to how the investigation process would be hampered by sharing the materials collected till the notices were issued to the assessee, the respondents could not have rejected the request for granting information. …”

It can be inferred that there is no specific provision anywhere prohibiting the disclosure of charge-sheet and if there disclosure does not affect investigation or prosecution it can be permitted under RTI, unless there is a public interest against disclosure. The chargesheets containing charges under Prevention of Corruption Act, especially against public servants, need to be in public domain, in public interest.

Citing several decisions the CIC said: There is no specific provision under any law which state that charge-sheet is a public document, but there are several judgment of the Supreme court and High court which clarify that charge sheet is a public document. Queen-Empress v. Arumugan and Ors ( (1897) ILR 20 Mad 189) has held that any person has an interest in criminal proceeding has a justify to inspect under section 76 of the Indian Evidence Act. In N David Vijay Kumar v The Pallavan Gram Bank, Indian Bank in File No. CIC/SG/A/2012/000189 CIC Mr Shailesh Gandhi ordered disclosure of Charge sheet ruling out the contention of exemption under Section 8(1)(j).

On the perusal of the RTI application, the Commission found that the information sought by the applicant are the part and parcel of the information contain in the charge-sheet prepared after the completion of the investigation under section 173 of Cr. P. C. The purpose of the appellant will be served if the copy of the same would be provided to the appellant. The respondent authority also agreed to provide the copy of charge sheet.

Considering the provisions of Cr.P.C., Evidence Act, RTI Act, erudite judicial pronouncements, certain transparency practices in CVC, facts and circumstances of the case and contentions raised, the Commission holds that the charge sheet is a public document and it shall be disclosed subject to other restrictions provided under RTI Act. There cannot be a general hard and fast rule that every charge-sheet could be disclosed or should not be. Each RTI request for copy of Charge-sheet required to be examined and only permissible part should be given. The Commission, hence, directed the respondent to examine the content of charge-sheet and to provide appellant/… the copy of those portions of charge-sheet, which would answer the queries raised by appellant in his RTI application, within 3 weeks from the date of receipt of the order.

Source : http://confederationhq.blogspot.in/

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U.P. Government’s Stunning Orders – Unmarried Government Employees to Give Written Assurance on not Accepting Dowry

U.P. Government’s Stunning Orders – Unmarried Government Employees to Give Written Assurance on not Accepting Dowry

On September 30, 2014, the Uttar Pradesh State Government had issued an order and had sent it to all the Government departments for immediate implementation. The order states that all unmarried employees of the state government shall give in writing that they would neither demand nor give dowry.

Employees who refuse to give the declarations have been warned that they would risk losing their jobs. District Supervisor and Advisor, Usha Tiwari has said that the prospective grooms shall not be allowed to accept any form of cheques, fixed deposits even in their brides’ names, or expensive gifts.

It is to be noted that Central Government employees are already prohibited from demanding or accepting dowry. According to the CSS (Conduct) Rules, the employees are to inform the Government of any expensive gift received at the time of marriage.

Source: 7thpaycommissionnews.in

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