No.22011/4/2007-Estt.(D)
Government of India
Ministry of Personnel, Public and Training
(Department of Personnel and Training)
North Block, New Delhi – 110 011

November 21, 2016

OFFICE MEMORANDUM

Sub: Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee

The Department of Personnel & Training vide its OM of even number dated 28.4.2014 issued instructions on the above subject. Paragraph 7(d), 7(f) and 7(g) of the said OM provides as follows:

7(d)

If the official under consideration is covered under any of the three condition mentioned in paragraph 2 of OM dated 14.9.1992, the DPC will assess the suitability of Government servant along with other eligible candidates without taking into consideration the disciplinary case / criminal prosecution pending. The assessment of the DPC including ‘unfit’ for promotion and the grading awarded are kept in a sealed cover. [Paragraph 2.1 of DoPT OM dated 14.9.1992]

7(f)

If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he / she is found guilty in the criminal prosecution against him / her, the findings of the sealed cover / covers shall not be acted upon. His / her case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him / her [paragraph 3.1 of DoPT OM dated 14.9.1992].

7(g)
In assessing the suitability of the officer on whom a penalty has been imposed, the DPC will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of general service record of the officer and the fact of imposition of penalty, the officer should be considered for promotion. The DPC, after due consideration, has authority to assess the officer as ‘unfit’ for promotion. However, where the DPC considers that despite the penalty the officer is suitable for promotion, the officer will be actually promoted only after the currency of the penalty is over [paragraph 13 of DoPT OM dated 10.4.1989].
2. Questions have been raised by the Ministries and Departments asking whether this is applicable in the case of ‘Censure‘ also. In this regard, it is reiterated that paragraphs 7(d), 7(f) and 7(g) cited above are applicable in all the recognized penalties under CCS (CCA) Rules including the minor penalty of Censure as well for which no currency has been prescribed, it would mean that as per para 7(g), if the DPC considers the officer fit for promotion notwithstanding the award of censure, he / she can be promoted without referring to the currency of penalty.

(G. Jayanthi)
Director

Download DOPT OM No.22011/4/2007-Estt.(D) dated 21.11.2016

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Controller General of Defence Accounts has issued circular on obtaining donations by the associations formed by either employees or their spouses.

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt 110010
No. AN/XIIIl/13006/Vol-XXII

Dated 04.02.2016

To
All PCsDA/CsDA
PCA (Fys) Kolkata/ All CsFA (Fys)

Subject: Guidelines to curb practice of obtaining donations by the associations formed by either employees or their spouses etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealings with the CPSE.

A copy of Ministry of Ministry of Heavy Industries & Public Enterprises’s OM F No.DPE-GM-06/0002/2015-GQ/I/FTS-4861 dated 14.12.2015 received through Ministry of Defence, D Vigilance on the above subject is forwarded herewith for information, guidance, necessary action and notice of all concerned.

Please acknowledge receipt.

(T K Jajoria)
Sr. Dy. CGDA(Admin)

F. DPE-GM-06/0002/2015-GM/FTS-4861
Government of India

Ministry of Heavy industries & Public Enterprises

Department of Public Enterprises
Public Enterprises Bhavan,
Block No-14, CGO,Complex,
Lodhi Road, New Delhi-110 003.

Dated: 14th December, 2015

OFFICE MEMORANDUM

Subject: Guidelines to curb practice of obtaining donations by the associations termed by either employees or their spouses etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealings with the CPSE.

The undersigned is directed to state that the CVC has observed that there is a practice of obtaining donations by the associations/NGOs formed by either employees or their spouse etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealing with the CPSE. Such practice of associations comprising of officials/spouses of employees of CPSEs taking donations, advertisement or sponsorships etc. from the contractors, customers, vendors or persons having commercial / business relationship with the Public Enterprises is unethical. The CVC has further observed that such practice is avoidable in the interest of transparency and fairness.

2. The Modal Conduct, Discipline & Appeal (CDA) Rules circulated by DPE vide OM No. BPE No. 2(121)/73-BPE (GM-I) dated 26-04-1974 already lays down certain acts construed as misconduct which includes taking any illegal gratification. It is, therefore, advised that the concerned Ministries / Departments having CPSEs under their administrative control may issue necessary instructions to curb such practice in their CPSEs and also instruct them to suitably amend their Conduct, Discipline & Appeals (CDA) Rules to incorporate a specific provision as under:

“Obtaining donations/advertisement/sponsorship etc. by the associations/NGOs formed by either employees or their spouse / family members etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealings with the CPSE will be treated as misconduct”.

(J.N. Prasad)
Director

Download CGDA Circular No. AN/XIII/13006/Vol-XXII dated 04.02.2016

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