Dopt order 2012 Archives - CENTRAL GOVERNMENT EMPLOYEES NEWS

Rotational Transfer of Assistants of CSS

admin — Fri, 28 Dec 2012 17:16:45 +0000

Rotational Transfer of Assistants of CSS

F.No.7/4/2012-CS.I(A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Lok Nayak Bhawan, New Delhi,

Dated the 27th, December, 2012

ORDER

In accordance with the Rotational Transfer Policy for Central Secretariat Service, rotational transfers of the officers of Assistants’ Grade mentioned in Annexure-I are hereby ordered. This order covers those officers who have completed more than sixteen years in the same cadre-unit of CSS and are not within two years of superannuation.

2. All participating Ministries/Departments of Central Secretariat Service shall comply with the transfer orders strictly and relieve the concerned officers at the earliest No request for retention of any of the officers shall be entertained by this Department.

3. A copy of this order be served on the officers concerned for their information and compliance Copies of the relieving orders and joining reports should be sent to this Department at the earliest.

4 If an officer is not relieved within forty-five days of this order. in terms of Rule19 of CSS Rules 2009, the officer shall be deemed to have been relieved by the Ministry/Department in which he is working. The concerned officer shall, therefore, join the new place of posting on expiry of 45 days without waiting for formal relieving order by the current Ministry/Department. The onus will, therefore. be on the officer concerned to join his new posting by 11th February, 2013 and if he fails to do so, he may be liable to disciplinary action. The Ministry/Department where the officer is transferred shall not insist on formal relieving orders in such cases and shall allow the officer to join in pursuance of this order.

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(Parminder Singh)

Under Secretary to the Govt. of India

Click to view the Anneuxure-I

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/RTPAsstt12.pdf]

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Continuation of ad-hoc appointment in the grade of Assistant of CSS -regarding

admin — Fri, 28 Dec 2012 17:10:56 +0000

Continuation of ad-hoc appointment in the grade of Assistant of CSS -regarding

No.4/2/2006-CS-II(B)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

3rd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi – 110 003,

Dated the 21st, December, 2012

OFFICE MEMORANDUM

Subject: Continuation of ad-hoc appointment in the grade of Assistant of CSS -regarding.

The undersigned is directed to refer Lo this Departments OM of even number dated 02.07.2012 on the subject mentioned above, vide which Cadre Units were permitted to continue ad-hoc appointments in the grade of Assistant upto 31.12.2012. Further continuance of these appointments has been reviewed in this Department and it has been decided to extend the ad-hoc appointment in Assistant Grade of the remaining UDCs of Select List year 1994 and upto 2003 in respect of General and SC candidates and upto Select List year 2005 in respect of ST candidates. for a further period upto 30.06.2013 or till regular Assistants become available, whichever is earlier.

2. Extension of the ad-hoc appointment would be continued only if the ad-hoc Assistants attend and qualify the mandatory Level ‘A’ training as and when nominated by CS.I (Training) Section of this Department, failing which their ad-hoc appointment would be terminated.

3. Other terms and conditions mentioned in the relevant OMs will remain unchanged.

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(Kameshwar Mishra)

Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/Assistantadhoc1.pdf]

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Extension of service of Scientists beyond the age of superannuation under FR56(d)

admin — Fri, 28 Dec 2012 17:08:18 +0000

Extension of service of Scientists beyond the age of superannuation under FR56(d)

No.26012/15/2010-Estt(A-IV)

Government of India

Ministry of Personnel, Public Grievances & pensions

Department of Personnel & Training

New Delhi, dated the 19th December, 2012

OFFICE MEMORANDUM

Subject : Re-Constitution of Department Peer Review Committee for considering the cases for extension of service of Scientists beyond the age of superannuation.

The Prime Minister has approved the composition of the Standing Peer Review Committee in respect of Department of Information Technology with the following composition for considering the cases for extension of service of Scientists beyond the age of superannuation under FR56(d).

1. Secretary, Department of Information Technology – Chairman
2. Shri.S.S.Sundaram, Chief Controller, R&D (ECS), DRDO – Member
3. Prof.D.K.Bandyopadhyay, Vice-Chancellor, Guru Govind Singh I P University – Member
4. Shri.S.C.Mishra, Member(Service), DoT – Member
5. Secretary(P), DoP&T or representative of Secretary not below the rank of Additional Secretary – Member

2. The tenure of the Committee will be two years.

3. The Committee will hold biennial meetings, three to four months in advance to consider the proposals for extension of service coming up in the six months block i.e. April-September and October-March so that the ACC gets sufficient time to consider the proposals. The recommendations of the Peer Review Committee for extension of service beyond 60 years and upto 62 years may be submitted to the E.O.Division of DoP&T for obtaining approval of the ACC.

4. The Committee will also consider the cases of extension of service beyond 62 years and upto 64 years and the recommendation of the Committee may be submitted to the Establishment Division for placing the same for consideration by the Screening Committee headed by the Cabinet Secretary before obtaining the approval of the ACC.

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(I.A.Vaidyanathan)

Director(E)

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/26012_15_2010-Estt-A-IV-1.pdf]

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Non-Functional upgradation for Officers of Organized Group ‘A’ Services in PB-3 and PB-4

admin — Tue, 11 Dec 2012 15:05:49 +0000

No.AB.14017/30/2011-Estt.(RR)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, the 10th December, 2012

Office Memorandum

Subject:- Non-Functional upgradation for Officers of Organized Group ‘A’ Services in PB-3 and PB-4.

A reference is invited to this Department OM No-AB.14017/64/2008-EStt.(RR) dated 24.04.09 on the above subject. The details of batch of the officers belonging to the Indian Administrative Service who have been posted at the Centre at the various grades of PB-3, P8-4 and HAG was last circulated in this Department OM of even No.dated 24.08.2012.

2. The details of the IAS officers who have been subsequently posted in the Centre in the various grades as well as the date of posting of the first officer belonging to the batch are annexed. Necessary action may be taken for grant of higher scale for the Officers belonging to batches of Organized Group A Services that are senior by two year or more and have not so far been promoted to that particular grade in accordance with the provisions of this Department’s OM No.AB.14017/64/2008-Estt.(RR) dated 24.4.2009.

3. Hindi version will follow.

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(Mukta Goel)

Director (Estt. I)

Source: www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14017_30_2011-Estt.RR-10122012.pdf]

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Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee)

admin — Wed, 05 Dec 2012 13:45:04 +0000

Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee)

No.372/3/2007-AVD-III (Vol. 10)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi,

4th December, 2012

OFFICE MEMORANDUM

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee).

The undersigned is directed to say that a meeting of Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary was held on 30.10.2012 on the above subject. The CoS, inter-alia, has recommended for compilation of the action taken by Ministries/Departments in compliance with the OMs/Circulars issued in respect of the recommendations regarding :

compliance to the standard check list while sending cases to UPSC for advice )DoP&T’s OM No.39011/12/2010-Estt.(B) dated 14th September, 2012);
disposal of all pending cases for sanction of prosecution (DoP&T’s OM No.372/64/2010-AVD-III dated 23rd December, 2010);
deciding all pending disciplinary inquiries (DoP&T’s OM No.372/55/2010-AVD-III dated 28th December, 2010).

[A copy of each of the above OMs is enclosed for ready reference]

It is, therefore, requested that action taken on above points in your Ministry/Department pursuant to the aforesaid OMs of DoPT may be sent to this Department within one month from the date of issue of this OM.

Encl : As above

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(Amarjit Singh)

Deputy Secretary to the Govt. of India

Source : www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/372_3_2007-AVD-III-Vol.10-04122012.pdf]

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Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases – reg.

admin — Fri, 30 Nov 2012 08:15:47 +0000

Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases – reg.

No.425/04/2012-AVD-IV(A)

Ministry of Personnel, Public Grievances & Pension

Department of Personnel & Training

North Block, New Delhi

29th November, 2012

OFFICE MEMORANDUM

Subject: Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases — reg.

Instructions have been issued in the past for expeditious disposal of disciplinary proceedings against delinquent government servants. However, it has been observed that disciplinary proceedings are generally taking a long time which defeats the very purpose of initiating the said proceedings. Therefore, it has been considered necessary to issue the following guidelines for monitoring and expeditious disposal of disciplinary proceedings:

i. There are a number of instances where the Courts have set aside the order of penalty due to inordinate delay in initiating action. Therefore, it has to be ensured that disciplinary proceedings are initiated without undue delay.

ii. The Administrative Department/Competent Authority should study the allegations more carefully and resort to minor penalty proceedings instead of initiating major penalty proceedings, where the circumstances involve minor infringements or cases of procedural irregularities. It has to be kept in mind that a minor penalty swiftly but judiciously imposed by a Disciplinary Authority is much more effective than a major penalty imposed after years spent on a protracted enquiry.

iii. There is undue delay due to repeated requests of the charged officer for time to give his written statement in reply to the charge sheet. As per existing instructions, the charged officer is allowed 10 days to submit his written statement. The charged officer may be allowed 3-4 days absence by the Controlling Officer for preparing his written statement in which case, no extension of time should be allowed beyond the stipulated period of 10 days. (DoP&T’s OM No.142/5/2003-AVD.I dated 6th April, 2004).

iv. If vigilance angle is involved in a complaint, the case should be referred to CVC for their 1st stage advice within one month from the date of receipt of investigation report. If vigilance angle is not involved, case should be put up to the disciplinary authority for taking decision to initiate disciplinary action for major or minor penalty against delinquent officer under CCS(CCA) Rules within one month from the date of receipt of investigation report.

v. After receipt of first stage advice of CVC, the case should be put up to the disciplinary authority for taking decision to initiate disciplinary action for major or minor penalty against delinquent officer under CCS(CCA) Rules within one month from the date of receipt of 1st stage advice of CVC.

vi. The chargesheet should be issued to the charged officer within a week from the date of receipt of decision of the disciplinary authority to initiate major or minor penalty proceedings against him. In any case, it should be ensured that the chargesheet is issued within one month from the date of receipt of the lit stage advice of CVC.

vii. Simultaneously with the issuance of chargesheet, names of suitable officer to be appointed as IO & PO may be selected tentatively. If the charged officer, in his written statement of defence, denies the charges leveled against him, orders regarding appointment of IO & PO should be issued immediately after receipt and consideration of defence statement. Copies of all the relevant papers/documents should also be provided to IO/PO along with the order.

viii. The charge sheet should be drafted with utmost accuracy and precision based on the facts revealed during the investigation or otherwise and the misconduct involved. It should be ensured that no relevant material is left out and at the same time no irrelevant material or witnesses are included. (DoP&T’s DO No.134/2/83-AVD.I dated 2nd May, 1985)

ix. As far as possible, copies of all the documents relied upon and the statements of witnesses cited on behalf of the Disciplinary Authority should be supplied to the Government servant along with the charge sheet, so that the time taken by the charged officer to submit his written statement of defense is reduced. (DoP&T’s DO No.134/2/83-AVDJ .I dated 2nd May, 1985)

x. IO should submit his report within six months from the date of receipt of order of his appointment as IO. Where it is not possible to adhere to this time limit, the IO should submit reasons for delay to the disciplinary authority in writing.

xi. A copy of the inquiry report and also disagreement of the disciplinary authority, ifany, on it should be provided to the Charged Officer within 15 days from the date of receipt of Inquiry Report alongwith reasons for disagreement of the Disciplinary Authority with IO’s findings, if any, (CVC Circular No. 000/VGL/18 dated 23rd May,2000). The Charged Officer may be allowed 15 days to submit, if he so desires, his written representation or submission to the disciplinary authority irrespective of whether the report is favourable or not to the government servant (DoP&T’s O.M.No.11012/13/85-Estt. dated 26th June, 1989)

xii. After the receipt of the representation of charged officer on Inquiry Report, the case may be sent to CVC, whetever required, for their second stage advice, or to UPSC for their advice, as the case may be, within one month. (CVC’s Circular No 000/VGL/18dated 23rd May, 2000)

xiii. Penalty order should be issued within a month from the date of advice of UPSC.(DoP&T’s DO No 134/2/83-AVD.1 dated 2nd May, 1985)

xiv. The time-limits indicated above should be strictly adhered to. The CVO concerned would be directly responsible to adhere to these time limits.

xv. Each Ministry/Department may keep ready a panel of IO/PO from their retired government officers which may be used when no serving government servant is available for appointment of IO/PO. The services of IOs/POs who would be available on the panel maintained by CVC may also be utilized in consultation with CVC.

xvi. In some Departments a large number of oral inquiries are pending. In order to expedite completion of inquiries within a specified time limit, some officers on a fulltime basis may be earmarked by the concerned Department to act as IO/PO.

xvii. In order to ensure expeditious disposal of disciplinary proceedings, vide DoP&T’s OM No.372/19/2011-AVD-III) (Pt.1) dated 26.09.2011, the second stage consultation with CVC in disciplinary matters has been dispensed with except in those cases where consultation with UPSC is not required as per extant rules/instructions. This may be followed. Since there will be only one consultation after receipt of IO’s report (either with CVC or the UPSC, as the case may be), it is expected that the new procedure would substantially reduce the time taken in finalizing disciplinary proceedings after receipt of the IO’s report.

xviii. Wherever a Departmental officer is appointed as the IO in Departmental Proceedings, the officer concerned may be relieved from his normal duties for a period up to 20 days in two spells during which he should complete the inquiry and submit the report. During this period so allowed, he will attend to the inquiry on full time basis. These time spells may depend on the need and the feasibility of conducting full-time hearings on a day to day basis. (DoP&T’s OM No.142/5/2003-AVD.I dated 6th April,2004)

xix. For effective monitoring of the disciplinary proceedings cases, the Vigilance set up must be strengthened in every Ministry/Department. Instructions issued vide DOPT O0M No. 372/19/2011-AVD-III (Pt.l) dated 26.09.2011 are hereby reiterated. All Ministries/Departments are requested to take appropriate action in the matter.

All the Ministries/Departments are requested to follow the above guidelines in letter and spirit so that disciplinary proceedings are concluded expeditiously.

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(Amarjit Singh)

Deputy Secretary to the Govt. of India

Source: www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/425_04_2012-AVD-IV-A-29112012.pdf]

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Panel of Principal Private Secretary (PPS) of Central Secretariat Stenographers’ Service (SSS) for the Select List Years 2010(part) and 2011

admin — Mon, 19 Nov 2012 07:07:41 +0000

Panel of Principal Private Secretary (PPS) of Central Secretariat Stenographers’ Service (SSS) for the Select List Years 2010(part) and 2011

No.3/4/2012-CS-II (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Lok Nayak Bhavan, Khan Market,
New DeIhi-110003.
Dated the 16th November, 2012.

OFFICE MEMORANDUM

Subject: – Panel of Principal Private Secretary (PPS) of Central Secretariat Stenographers’ Service (SSS) for the Select List Years 2010(part) and 2011.

The undersigned is directed to forward herewith panels of PPS of csss for the Select List Years 2010(part) and 2011 (as Annexure-I & II respectively to this OM) prepared in accordance with Rule 9 of Central Secretariat Stenographers’ Service Rules, 2010 and Central Secretarial Stenographers’ Service Principal Private Secretary grade Regulations, 2010.

2. The Concerned cadre units participating in CSSS are requested to notify the appointment of the officers working under them on regular basis to the PPS Grade provided they are clear from vigilance angle and no disciplinary proceedings are either pending or being contemplated against them. The regular promotion of the officers will take effect from the date of their joining in the cadre unit where they have been retained/nominated. In accordance with D0P&T’s OM
No.11013/3/2011-Estt.(A) dt. 04.04.2011, prior to grant of vigilance dearance to these officers, the cadre units are requested to ensure submission of Annual Property Return by these officers.
The order of seniority of these officers in the grade of Principal Private Secretary of Central Secretariat Stenographers’ Service will follow the serial order given In the endosed list, irrespective of actual dates of appointment.

3. Regular Private Secretaries, who were transferred to other cadre units on their adhoc promotion and have not completed the tenure prescribed in the Rotational Transfer Policy for CSSS personnel, have been retained in their present cadre units and as such their appointment may be notified by the concerned cadre Units. In accordance with the para 4 of consolidated instructions issued on RTP for CSSS personnel vide DoP&T’s OM dated 15.07.1011, the cadre units are also requested to relieve the officers nominated outside the Ministry/Department within the stipulated period of 45 days.

4. A copy of the notification issued in this regard may be endorsed to this Department and Union
Public Service Commission.

sd/-
(Rajiv Manjhil)
Director (CS-II)
Click to read the Annexure – I and II

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/PPS_2011.pdf]

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Fixation of pay in case of employees who seek transfer to a lower post under FR 15(a)

admin — Wed, 07 Nov 2012 01:42:37 +0000

Fixation of pay in case of employees who seek transfer to a lower post under FR 15(a)

Dopt orders regarding transfer to lower post under FR 15(a)

Dopt has issued one more clarification order pertaining to that the fixation of pay in case of employees who seek transfer to a lower post under FR 15(a) today on its official website…

16/4/2012-Pay-I

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, 5th Nov, 2012

OFFICE MEMORANDUM

Subject: Transfer to lower post under FR 15(a).

The undersigned is directed to refer to this Deparment’s OM No.16/6/2001-Estt (Pay-I) dated the 14th February, 2006, read with OM of even number dated the 4th Januanry, 2007, which clarified that on transfer to the lower post/scale under FR 15(a), the pay of a Government servant holding a post on regular basis will be fixed at a stage equal to the pay drawn by him in the higher grade. If no such stage is available, the pay will be fixed at the stage next below the pay drawn by him in the higher post and the difference may be granted as personal pay to be absorbed in future increments. If the maximum of the pay scale of the lower post is less than the pay drawn by him in the higher post, his pay may be restricted to the maximum under FR

22(1)(a)(3).

2. Further, it was clarified vide the OM No. No.13/9/2009-Estt (Pay-I) dated the 21st October, 2009 that consequent upon implementation of the revised pay structure comprising grade pays and running Pay Bands, w.e.f. 1.1.2006 in cases of appointment of Government servants to posts carrying lower Grade Pay under FR 15(a) on their own request, the pay in the pay band of the Government servant will be fixed at a stage equal to the pay in the pay band drawn by him prior to his appointment against the lower post. However, he will be granted grade pay of lower post. Further, in all cases, he will continue to draw his increments based on his pay in the pay band + grade pay (lower).

3. The above office Memorandum also provides that in case the transfer to a lower post was made subject to certain terms and conditions then the pay may be fixed according to such terms and conditions.

4. All Ministries/Departments are requested to revise the Terms/Conditions of

such transfers in line with the para 2 above

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(Mukesh Chaturvedi)

Deputy Secretary to the Government of India

Source : www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/16_4_2012-Pay-1-05112012.pdf]

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Dopt issued guidelines while dealing with cases of vigilance clearance for promotion of the Government Employees

admin — Sat, 03 Nov 2012 13:21:13 +0000

Dopt issued guidelines while dealing with cases of vigilance clearance for promotion of the Government Employees

Comprehensive review of instructions pertaining to vigilance clearance for promotion-regarding.

F.No.22034/4/2012 -Estt. (D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi,

Dated the 2nd November, 2012

OFFICE MEMORANDUM

Subject : Comprehensive review of instructions pertaining to vigilance clearance for promotion-regarding.

Instructions issued vide O.M. No. 22012/1/99-Estt. (D) dated 25.10.2004 based on the O.M. No. 22011/4/1991-Estt. (A) dated 14.09.1992 (issued on the basis of procedure laid down by Supreme

Court in K.V. Jankiraman case AIR 1991 SC 2010) makes it clear that vigilance clearance for promotion may be denied only in the following three circumstances:

(i) Government servants under suspension;
(ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and
(iii) Government servants in respect of whom prosecution for a criminal charge is pending.

Withholding of vigilance clearance to a Government servant who is not under suspension or who has not been issued a chargesheet and the disciplinary proceedings are pending or against whom prosecution for criminal charge is not pending may not be legally tenable in view of the procedure laid down in the aforesaid O.Ms.

2. Existing instructions provide for processing the cases of disciplinary proceedings in a time bound manner. A number of cases have however, come to notice where initiation of disciplinary proceedings/issue of chargesheet/processing of the case is considerably delayed by the administrative Ministries/Departments.

Such delays allow an officer whose conduct is under cloud, to be considered for promotion. It becomes essential in respect of officer(s) in whose case disciplinary proceedings are contemplated or pending and are included in consideration zone for promotion, necessary action be taken for placing the proposal before the DPC so that vigilance clearance is not allowed as per conditions mentioned in para 1 above.

3. The Hon’ble Supreme Court in its judgment dated 27.08.1991 in Union of India Vs. K.V. Jankiraman etc. (AIR 1991 SC 2010) has held

“5. An employee has no right to promotion. He has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion. the least that is expected of an employee is to have an unblemished record. That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. An employee found guilty of misconduct cannot be placed on par with the other employees and his case has to be treated differently. There is therefore, no discrimination when in the matter of promotion, he is treated differently”.

4. The issue of promotion of an officer who may be technically cleared from vigilance angle but in whose case it may not be appropriate to promote him/her in view of doubtful integrity or where a charge-sheet is under consideration etc. has been under examination in this Department.

5. The O.M No. 22012/1/99-EStt. (D) dated 25th October, 2004 further provides that a DPC shall assess the suitability of the Government servant coming within the purview of the circumstances mentioned in para 2 of the Office Memorandum No. 22011/4/91-Estt.(A) dated 14.09.1992, alongwith other eligible candidates,

without taking into consideration the disciplinary case/criminal prosecution pending. No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet etc. If in the matter of corruption/dereliction of duty etc., there is a serious complaint and the matter is still under investigation, the Government is within its right to suspend the official. In that case, the officer’s case for promotion would automatically be required to be placed in the sealed cover.

6. When a Government servant comes under a cloud, he may pass through three stages, namely, investigation, issue of chargesheet in Departmental Proceedings and/or prosecution for a criminal charge followed by either penalty/conviction or exoneration/acquittal. During the stage of investigation prior to issue of charge sheet in disciplinary proceedings or prosecution, if the Government is of the view that the charges are serious and the officer should not be promoted, it is open to the Government to suspend the officer which will lead to the DPC recommendation to be kept in sealed cover. The sealed cover procedure is to be resorted to only after the charge memo/charge sheet is issued or the officer is placed under suspension. The pendency of preliminary investigations prior to that stage is not sufficient to adopt the sealed cover procedure.

7. The law on sealed cover based on the judgement of the Apex Court in Union of India vs. K.V. Janakiraman etc. (AIR 1991 SC 2010), is by now well settled. The O.M. dated 14.9.92 confined the Circumstances for adopting sealed cover to the three situations mentioned in para 2 of the said O.M. Even after recommendation of the DPC, but before appointment of the officer if any of the three situations arise, the case is deemed to have been kept in sealed cover by virtue of para 7 of the O.M. dated 14.9.92.

8. As regards the stage when prosecution for a criminal charge can be stated to be pending, the said O.M. dated 14.9.92 does not specify the same and hence the definition of pendency of judicial proceedings in criminal cases given in Rule 9 (6)(b)(i) of CCS(Pension) Rules, 1972 is adopted for the purpose. The Rule 9 (6)(b)(i)of CCS (Pension) Rules, 1972 provides as under :-

(b) judicial proceedings shall be deemed to be instituted —
(i) in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made.

9. For the purpose of vigilance clearance for review DPC, instructions exist in O.M. No. 22011/2/99-Estt.(A) dated 21.11.2002 that review DPC will take into consideration the circumstances obtaining at the time of original DPC and any subsequent situation arising thereafter will not stand in the way of vigilance clearance for review DPC. However, before the officer is actually promoted it needs to be ensured that he / she is clear from vigilance angle and the provision of para 7 of O.M. No. 22011/ 4/91-Estt. (A) dated 14.09.1992 are not attracted.

10. Opening of sealed cover on conclusion of proceedings, is covered in the instructions in para 3 of the O.M. dated 14.9.92. In cases where by the time the Departmental Proceedings are concluded and the officer is fully exonerated but another charge sheet has been issued, the second charge sheet will not come in the way of opening of sealed cover and granting promotion notionally from the date of promotion of the junior and para 7 of O.M. dated 14.9.92 will not apply as clarified in the O.M. No. 22011/2/2002-EStt.(A) dated 24.2.2003. After the disciplinary proceedings are concluded and penalty is imposed, vigilance clearance will not be denied. The details of the penalty imposed are to be conveyed to the DPC.

11. This Department has issued separate instructions for accordance of vigilance clearance to a member of Central Civil Services/holder of Central Civil post with respect to (a) empanelment (b) deputation (C) appointments to sensitive posts and assignments to training programmes (except mandatory training) vide O.M. No.11012/11/2007-(Estt. A) dated 14.12.2007. it has been further clarified in the O.M. No. 11012/6/2008-Estt. (A) dated 07.07.2008 that these instructions do not apply to promotions. While consideration for promotion is a right of an employee but empanelment, deputation, posting and assignment for training (except mandatory training) is not a right of an employee and is decided keeping in view the suitability of the officer and administrative exigencies.

12. It may thus be noted that vigilance clearance cannot be denied on the grounds of pending disciplinary/criminal/court case against a Government servant, if the three conditions mentioned in para 2 of

this Department’s O.M. dated 14.09.1992 are not satisfied. The legally tenable and objective procedure in such cases would be to strengthen the administrative vigilance in each Department and to provide for processing the disciplinary cases in a time bound manner. If the charges against a Government servant are grave enough and whom Government does not wish to promote, it is open to the Government to suspend such an officer and expedite the disciplinary proceedings.

13. All Ministries/Departments are, therefore, requested to keep in view the above guidelines while dealing with cases of vigilance clearance for promotion of the Government servants.

sd/-

(Virender Singh)

Under Secretary to the Government of India

Source : www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22034_4_2012_Estt_D.pdf]

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Appointment of Assistants (DR) of Central Secretariat Service based on Combined Graduate Level Examination- reg.

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Appointment of Assistants (DR) of Central Secretariat Service based on Combined Graduate Level Examination- reg.

No.7/8/2008-CS.I(A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

2nd Floor, Lok Nayak Bhavan, Khan Market,

New Delhi – 110003

the 16th October, 2012

OFFICE MEMORANDUM

Subject: Appointment of Assistants (DR) of Central Secretariat Service based on Combined Graduate Level Examination- reg.

The undersigned is directed to inform that the procedure for joining and imparting training (Foundation Course) to DR Assistants of CSS as enunciated in Department of Personnel & Training OM No 4/11/2005-CS-I dated 15.12.2006 and OM No. 1/1/2009-CSI (Trg) dated 24.2.2010 has been re-visited by this Department in consultation with various stake holders. Based on the suggestions and feedback, it has been decided to adopt a revised design of joining procedure for DR Assistants and their nomination for Foundation course from this year onwards. The modalities of the revised design are detailed below:-

2(i) After the receipt of dossiers of candidates from the SSC, CS-I Division of D0P&T would allocate the candidates to different Ministries/Departments (hereinafter Cadre Units), who shall be responsible for completing the pre and post appointment formalities, viz. police verification, medical examination etc in respect of the DR Assistants allocated to them. The cadre units shall also be issuing offers of appointments to the DR Assistants after completing pre appointment formalities, delineating in clear terms, inter alia, the mandatory nature of Foundation Course and its direct linkage to their probation period and their subsequent confirmation.

(ii) The Cadre Units will immediately inform the CS Division about the DR Assistants who join the allocated Cadres. Based on the joining information of these DR Assistants in the Cadre Units. CS-I Division will nominate them in batches of 100-120 for their Foundation Course programme at ISTM for a period of 12 weeks.

(iii) Once CS Division nominates DR Assistants for the training, they shall stand relieved from the concerned Cadre Units. No formal relieving order would be required to be issued It is once again reiterated that the cadre units shall indicate in unambiguous terms in the offer of appointment that successful completion of training is mandatory for completing the probation by the DR Assistants and their confirmation.

(iv) The existing instructions on the subject which inter alia provides that Assistants who qualify Combined Graduate level Examination (hereinafter CGLE) would be directly nominated to ISTM for undergoing Foundation Course training thus stand superseded with the revised design spelt out in above paragraph.

(v) The successful candidates recommended by Staff Selection Commission based on the CGLE-2011 are accordingly allocated to various Cadre Units as detailed in the Annexure.

3. Till now all the pre appointment formalities were being carried out centrally by the CS Division of DoP&T, concerned District Authorities were requested for verification of character and antecedents of the candidates qualified as DR Assistants through CGLE-2011. Concerned District Medical Officers/Chief Medical Officers were also requested to conduct the medical examination of the candidates, Verification Reports and Medical Certificates received till date from the authorities are placed in the respective dossiers. For those candidates who are already in Government service, their present employers had been requested to furnish copies of Verification/Medical Report. These reports wherever received are placed in the respective dossiers of the candidates Verification/Medical Reports received in CS Division after dispatch of dossiers will be sent to concerned Cadre Units as and when the same are received.

4. In terms of this Departments OM No 16/11/93-CS.I dated November 26, 1993 if offer of appointment is issued after completion of pre-appointment formalities, the time period allowed to join the post should in no case exceed three months. This condition should also be incorporated in the offer of appointment. The Cadre Units may accordingly issue the offers of appointment immediately to those candidates whose verification and medical reports have been received. Where the verification reports ar yet to be received, Cadre Units may pursue the matter with concerned District Authorities to expedite the matter so as to ensure that the candidates are appointed at the earliest.

5. The original certificates with references to date of birth and educational qualification etc, shall be verified before appointments are made by the Cadre authorities. Copies of certificates submitted by candidates claiming to belong to the SC/ST/OBC etc in support of their Claim have been added to their respective dossiers. These claims may also be verified by the Cadre Units concerned.

6. ISTM has scheduled to start the 1st batch of Foundational Training Programme for DR Assistant for about 120 candidates from 21st November 2012 for a duration of 12 weeks. As such, Cadre Units are requested to Issue offers appointment in clear cases without any delay and inform the CS Division about the joining of the candidates so that timely action in the matter of conduct of the scheduled Foundation Course Programme may be taken.

7. In case of any doubt or suspicion as regards the eligibility or otherwise inrespect of any of the recommended/appointed candidates, concerned administrative Ministry/Department may correspond with the Staff Selection Commission giving therein complete details for getting such case(s) enquired through appropriate Government Agency

sd/-

(Utkaarsh R.Tiwaari)

Director (CS-I)

Source : www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/Apptasstt.pdf]

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