F.No.43020/14/2021-Estt.A-III
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel & Training
Establishment A-III

North Block, New Delhi – 110001
Dated the 3th November, 2021

OFFICE MEMORANDUM

Subject: Aid to processing of departmental proceedings under the CCS (CCA) Rules, 1965- Simplification regarding.

It has been observed that the Disciplinary Authorities, while processing the disciplinary cases under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, sometimes fail to appreciate the vital procedural requirements/timelines provided under the said Rules, albeit unintentionally, which are required to be mandatorily followed to ensure justice and bringing the cases to logical conclusions. Non-conformity to the requirements as per the established rules also leads to intervention by the Courts on the ground of denial of proper opportunity to the Charged Officers for defending themselves appropriately and, consequently, setting aside of disciplinary proceedings. The Charged Officers also tend to take advantage of these procedural flaws in processing of disciplinary cases at various stages of their examination e.g. sharing of documents, approval of Article of Charge by the DA, sharing of UPSC advice and General Examination of the CO, to quote the few. These procedural lapses have also been noticed in various cases referred to this Department for advice.

2. In this regard, an attempt has been made to indicate the various steps involved in the disciplinary cases in a simple form through the enclosed Flow Chart, for better understanding of Rules in their application by the DAs. It is felt that this exercise will facilitate the Administrative Ministries/Departments to deal with the disciplinary cases effectively. It is, however, clarified that the detailed provisions under relevant Rules and instructions issued thereunder may be duly followed in its application and, in case of any ambiguity or conflict of the indicative flow Chart with any of the existing Rules/ Instructions, the extant Rules and Instructions will prevail.

(Umesh Kumar Bhtia)
Deputy Secretary to the Government of India

To
All Secretaries to Ministries/ Department
(As per Standard List)

Steps for holding the Major Penalty proceeding

Important Notes

❖ Bias petition of CO [OM No. 39/40/70-Estt.(A) dated 9.11.1972]
Whenever an application is moved by a Government servant against whom disciplinary proceedings are initiated under CCS (CCA) Rules, 1965 against the Inquiry Authority on ground of bias, the proceeding should be stayed and the application referred alongwith the relevant material, to the appropriate authority for considering the application and passing of appropriate order thereon.
❖ Ex parte inquiry [Rule 14 (20) of the CCS (CCA) Rules, 1965].
Ex-parte inquiry can be resorted to only when the following conditions are satisfied:
a) Articles of charge should have been delivered
b) The charged officer had failed to submit the written statement of defence on or before the specified date or
c) Does not appear in person before the Inquiring Authority or
d) Fails or refuses to comply with the provisions of the CCS(CCA) Rules.
❖ Daily Order Sheet:
Daily Order Sheet is the record of the progress of the case handled by the IA during a day. It is prepared and maintained by the IA. It needs to be appreciated that Daily Order Sheet will be the most authentic record for ascertaining as to what happened in the course of inquiry because it is signed by all present.
❖ Abbreviations used in the flow chart.
a) DA – Disciplinary Authority
b) IA – Inquiring Authority is a Inquiry officer appointed by DA to inquire into the charges.
c) GS – Government Servant against whom disciplinary proceedings are initiated
d) PO – Presenting Officer

Steps for holding the Minor Penalty proceeding under Rule 16

Decision of the DA to take action
When the Disciplinary Authority (DA) decides to hold minor penalty proceeding.

[Charge Sheet – Minor Penalty]
Inform the Government servant in writing of the proposal to take action against him along with the imputations of misconduct or misbehavior on which it is proposed to be taken and give him reasonable opportunity of making such representation as he may wish to against the proposal [Rule 16(1)(a)]

DA considers the representation of GS and decides not to hold any inquiry, for reasons recorded in writing.

In Case no consultation with UPSC required, DA can impose any minor penalty.

DA forwards the representation of GS, along with his comments to UPSC for advice wherever consultation necessary.
DA shall forward or cause to be forwarded a copy of the advice of the UPSC to GS who shall be required to submit, if he so desires, his written representation within 15 days time. [Rule 16(1)(d)]

DA can impose penalty from clause (i) to (iv) of the Rule 11 [Minor Penalties]

Steps for holding the Minor Penalty proceeding under Rule 16

Holding a detailed inquiry in the manner laid down in sub-rules (3) to (24) of Rule 14 in the following circumstances:
a) in every case in which the Disciplinary Authority is of the opinion that such inquiry is necessary or
b)If in case it is proposed, after considering the representation, if any, made by the GS, to withhold
increments of pay and such withholding of increments is likely to affect adversely the amount of pension
payable to the Government servant or to withhold increments of pay for a period exceeding three years
[Rule 16(1)(b) and Rule 16(1-A)]

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Central government employees are expected to attend the office regularly in light of COVID-19. DoPT has issued updated instructions until June 30, 2021, or until further order.

F.No.11013/9/2014-Estt.A-lll
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 14th June, 2021

OFFICE MEMORANDUM

Subject: Preventive measures to contain the spread of Novel Coronavirus (COVID-19) – Attendance of Central Government officials regarding

The undersigned is directed to refer this Department’s OMs of even number dated the 6th May, 2021 and 28th May, 2021, mandating the Secretaries/HoDs of the Ministries/Departments/Offices to regulate the attendance of their Staff, keeping in view the COVID-positive cases and functional requirements in their offices. These orders are currently in operation till 15th June, 2021 or until further orders, whichever is earlier. In view of the fact that number of COVID cases and positivity rate have reduced considerably, the matter has been considered again and decided as under :-

• (i) All Government servants at the level of Under Secretary and above to attend office on all working days.
• (ii) As regards Government servants of the level below Under Secretaries, 50% of such officials shall attend office on any working day and the remaining 50% Shall work from home.
• (iii) Persons with Disabilities and Pregnant women employees shall continue to be exempted from attending office but are required to work from home till further orders.
• (iv) The officers / staff shall follow Staggered timings, to avoid over-crowding in offices, as indicated below:
  • (a) 9.00 A.M. to 5.30. P.M.
  • (b) 9.30 AM to 6.00 PM
  • (c) 10.00 A.M. to 6.30 P.M.
• (v) All officers/ staff residing in the containment zone shall be exempted from coming to offices till the containment zone is denotifed.
• (vi) Those officers/ staff who are not attending office shall work from home and they should be available on telephone and other electronic means of communication at all times.
• (vii) Meeting, as far as possible, shall be conducted on video-conferencing and personal meetings with visitors, unless absolutely necessary in public interest, are to be avoided.
• (viii) All Officers/Staff have to ensure strict compliance with covid-appropriate behavior viz. frequent washing of hands/ Sanitization, wearing a mask/ face cover, observing social distancing at all times and any laxity in this regard shall be viewed very seriously.
• (ix) Proper cleaning and frequent sanitization of workplace, particularly of the frequently touched surfaces may be ensured. HoDs may also ensure non-crowding in corridors, canteens etc.

2. All Ministries/ Departments / Offices as well as the Central Government employees are directed to ensure strict compliance of instructions on Covid Appropriate Behavior issued by MHA, MoH&FW and DoP&T from time to time. The above instructions shall be in force w.e.f. 16-06-2021 until 30-06-2021, or until further orders, whichever is earlier. Biometric attendance shall continue to be Suspended and physical attendance registers to be maintained until further orders.

(Umesh Kumar Bhatia)
Deputy Secretary to the Government of India

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Status of Cadre Review proposals processed in Cadre Review Division of DoPT from 1st January 2016 to 31st May 2021 (as on 2nd June, 2021)

A. Approved by Cabinet

* CRC – Cadre Review Committee

Under Secretary (CRD)
02/06/2021

B. Status of Proposals under consideration

Under Secretary (CRD)
02/06/2021

C. Central Group ‘ A’ Services where CCA requires to submit cadre review proposal by April 2021 as per Calendar for cadre review issued on 09.02.2021 (OM No. I. 11019/09/2021-CRD) and status of the proposal:

D. Central Group ‘ A’ Services where CCA requires to submit cadre review proposal by May 2021 as per Calendar for cadre review issued on 09.02.2021 (OM No. I. 11019/09/2021-CRD) and status of the proposal:

E. Central Group ‘A’ Services where CCA requires to submit cadre review proposal by June 2021 as per Calendar for cadre review issued on 09.02.2021 (OM No. I. 11019/09/2021-CRD) and status of the proposal:

Note: (1) CCAs for Services at Sl. No. 1 to 8 (of part B) to keep informed updated status.

(2) CCAs for Services at Sl. No. 10 and 11 (of part B) to provide status report on directions of CRC.

(2) CCAs for Services at Sl. No. 16 and 17(of part B) may provide the reply at the earliest.

(3) CCAs for Service at Sl. No. 18(of part B) may expedite the proposal/revised information at the earliest.

(4) CCAs for Services at Sl. No. 1 to 4 (of part C), Sl. No. 1 to 5 (of part D)and Sl. No. 1 to 5 of part (E) may expedite the proposal.

(5) CCAs for the Services listed in Calendar for cadre review issued on 09.02.2021 are requested to initiate action so that the proposal/details be submitted as per the said calendar.

(5) All CCAs of Central Group ‘A’ Services (wherever due) to provide Statistical Profile (as of 1/1/2021) and Service Profile to DoPT.

(6) Replies/ Information/ queries (if any) on any of the above could be sent on mail: harmit.pahuja@gov.in, randhir.kumar14@nic.in.

Under Secretary (CRD)
02/06/2021

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