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Procedure for pre-mature termination of appointment on account of resignation

admin — Thu, 09 Dec 2021 12:36:03 +0000

Pre-mature termination of appointment

Latest DoPT Orders 2021

Confidential

No.18/19/2016- EO(SM.11I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi

02.12.2021

OFFICE MEMORANDUM

Sub: Procedure for pre-mature termination of appointment on account of resignation.

Attention is invited to DoPT’s OM No.4/14/2008-EO(SM-Il) dated 01.10.2014 (copy enclosed), DoPT’s OM No.27(13)EO/91 (ACC) dated 08.11.1991 (copy enclosed) and DoPT’s OM No.27(11) EO/83(ACC) dated 27.09.1983 (copy enclosed) vide which all the Ministries/Departments were requested to ensure that whenever a need arose to terminate appointment made with the approval of the Appointments Committee of the Cabinet (ACC) prematurely, proposals should be sent to this Department for obtaining the orders of the ACC, before taking any action in this regard.

2. The ACC has directed that the cases for accepting resignations, specifically, where such resignations have been tendered consequent to ACC’s approval for appointment on other posts, invariably be submitted for consideration of the ACC within 07 days from the date of receiving such resignations.

3. All the Ministries/Departments are, therefore, requested to ensure compliance of the above instructions.

(Pallavi Singh Prakash)
Deputy Secretary
Appointments Committee of the Cabinet

To,

All Cadre Controlling Authorities (As per the standard mailing list)

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Policy guidelines for Extension of tenure of Board level Incumbents where vigilance clearance is not available

admin — Thu, 30 Oct 2014 16:33:40 +0000

Policy guidelines for Extension of tenure of Board level Incumbents where vigilance clearance is not available: DoPT’s instructions

No.17(9)EO/2014-ACC
Government of India
Secretariat of the Appointments Committee of the Cabinet
Department of Personnel & Training
Office of the Establishment Officer

North, Block, New Delhi
Dated : 30.10.2014

OFFICE MEMORANDUM

Subject: Policy guidelines for Extension of tenure of Board level Incumbents where vigilance clearance is not available.

As per extant policy, in case the initial term of 05 years of a Board-level appointee come to an end prior to his/her date of superannuation, extension of his/her tenure upto the date of superannuation is considered with the approval of the ACC subject to his/her being free from vigilance angle and meeting the prescribed performance parameters. In terms of existing instructions, services of any Board-level appointee cannot be terminated on completion of his Initial term, if he/she is due for extension, without specific orders of the ACC. There are many cases, however, where vigilance clearance Is not given in time by CVC/concerned administrative Ministry/Department due to complaints/inquiries pending against the concerned officer.

2. The issue of extension of tenure of Board level incumbents has been examined and with the approval of the ACC, It has been decided to henceforth follow the following procedure In this regard :-

(I) As in the case of fresh appointments, in line with CVC’s instructions dated 31.08.2004, no cognizance should be taken of any complaint which Is received within 06 months prior to the terminal date of the approved tenure of Board-level appointees. This is Imperative as it has been frequently observed that there is a spate of allegations and complaints against Board-level officials whose cases become due for extension of tenure.

(II) The Department should take a conscious decision on whether to extend the term of a Board-level appointee at least one year In advance of the completion of his initial term so that adequate time Is available for the Department to obtain CVC clearance.

(III) Taking into account the vigilance status as on the date six months before the terminal date of initial appointment, the CVC may give its clearance within two months of receiving the reference in this regard from the Administrative Ministry, This limit of two months will Include time taken for back references, CBI references/inquiries, etc.

(IV) Even though complaints received after the cut-off date shall have no bearing upon the process of extension of tenure and would not prejudice the same, such complaints shall be dealt with as per the

normal procedure. Disregarding such complaints received after the cutoff date at the time of deciding upon extension of tenure may not be of any serious consequence as the appointment can always be terminated at a later date if the charges are substantiated on the basis of an inquiry.

(V) (a) In respect of the cases where CVC clearance has been delayed beyond the prescribed timelines, merely on account of procedural reasons, and where there is no denial of vigilance clearance, the case of extension could be processed without waiting any further,

(b) In respect of the cases where CVC clearance is awaited, and there are cases/complaints pending against the officer, the Ministry shell submit to ACC, a proposal for extension of tenure, at least two months prior to the officer’s approved tenure with:

(i) all available information in respect of the complaint;

(ii) material received from/sent to CVC, including enquiry report, if any, of the CVO of the Ministry;

(iii) the comments of the Ministry thereon.

3. All the Ministries/Departments are requested to strictly adhere to the time-line and procedural guidelines stipulated above for processing the proposals for extension of tenure of Board level appointees.

sd/-
(Anand Madhukar)
Director (ACC)

Source : www.persmin.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02eod/17_9_EO_2014_ACC.pdf]

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Policy on fixing an upper limit of the number of years for which officers can work in the personal staff of the Union Minister in their entire careers

admin — Thu, 04 Apr 2013 14:19:19 +0000

Most Immediate

No.31/4/2013-EO(MM-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
(Office of the Establishment Officer)

New Delhi, dated 02.04.2013.

OFFICE MEMORANDUM

Subject: Policy on fixing an upper limit of the number of years for which officers can work in the personal staff of the Union Minister in their entire careers.

The Appointments Committee of the Cabinet (ACC) had laid down a policy -wherein a ceiling of 10 years in the entire career and a sub-limit of 05 years as PS/OSD within the ceiling of 10 years had been fixed beyond which no person was to be permitted to be appointed in the personal staff of Ministers. This was conveyed in DoP&T’s OM No.31/65/2009-EO(MM-I) dated 04.03.2010 and OM No.31/11/2010-EO(MM-I) dated 13.05.2010. This was reiterated vide Cabinet Secretary’s D.O. No.2/3/2010-EO(MM-I) dated 19.1 1.2012.

2. In this regard, the Appointments Committee of the Cabinet has decided that till the completion of the next General Elections, these instructions may not be made applicable in respect of officers who are at present serving in any capacity in the personal staff of Ministers and are proposed to be retained beyond-the laid down tenure limit.

sd/-
(Dr.Amarpreet Duggal)
Deputy Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02eod/31_4_2013-EO-MM-1.pdf]

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ACC Appointments

admin — Thu, 27 Sep 2012 02:05:47 +0000

ACC Appointments

Ministry of Personnel, Public Grievances & Pensions

The Appointments Committee of the Cabinet has approved the appointment of Shri R. Bhattacharya, IAS (AP:78), presently Special Secretary and Financial Adviser, Department of Electronics and Information Technology, Ministry of Communications and Information Technology as Secretary, Department of School Education and Literacy, Ministry of Human Resource Development vice Ms. Anshu Vaish, IAS (MP:75), on her retirement on 30.09.2012.

The Committee has also approved the extension of contract appointment of Shri Alok Perti, IAS (Retd.), as Adviser in the Ministry of Coal, for a further period of two months w.e.f. 01.10.2012 on present terms and conditions.

The competent authority has approved the assignment of additional charge of the post of Secretary, Ministry of Tourism to Shri R.H. Khwaja, IAS (AP:76), Secretary, Ministry of Mines, with immediate effect till the assumption of the charge of the post by Shri Parvez Dewan, IAS (JK:77).

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Retention of names on offer for Central Deputation under the Central Staffing Scheme for the year 2012 – reg.

admin — Mon, 18 Jun 2012 12:16:12 +0000

Retention of names on offer for Central Deputation under the Central Staffing Scheme for the year 2012 – reg.

IMMEDIATE

No. 33/2012-E0(MM.II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

New Delhi, dated the 15th June, 2012

To
1. The Chief Secretaries of the State Governments (As per list enclosed)
2. All Cadre Controlling Authorities of Group ‘A’ Services (As per list enclosed)

Sub: Retention of names on offer for Central Deputation under the Central Staffing Scheme for the year 2012- reg.

Sir/Madam,

Please refer to this Department’s letters of even number and No. 32/ 2012-E0 (MM.II) both dated 15.11.2011 & 06.01.2012 regarding sponsoring of the names of eligible officers for appointment in the Government of India under the Central Staffing Scheme for the year 2012.

2. As per directions of the ACC, the names of officers, for being placed on offer are to be obtained from the State Governments/Cadre Controlling Authorities in two tranches. The last date for sponsoring the names for the second tranche is 31st July, 2012.

3. It is, therefore, requested to kindly sponsor the names of officers to this office, for retention under the Central Staffing Scheme for the 2 nd tranche.

Yours faithfully,
(Dr. Amarpreet Duggal)
Dy. Secretary(MM)

Source: Persmin

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