Redeployment of Surplus Staff

F. No. No. 112/2022 -R&R and DC (E-3171940)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan
Khan Market,
New Delhi -110003.
Dated: 13.07.2023

OFFICE MEMORANDUM

Subject: Request to expedite the actions by Nodal Officers of the User Departments/ Offices as per the O.M. of even number dated 21.6.2023- Redeployment and Surplus Management System (RSMS) – online reporting of vacancies to Surplus Cell of DOPT under CCS (Redeployment of Surplus Staff) Rules, 1990- regarding.

The undersigned is directed to invite attention to this Department’s O.M. of even number Dated 21.6.2023 on the above subject (Copy enclosed). The same delineates directions upon the Nodal Officers, designated for the purpose of taking required actions, consequent upon the launch of the RSMS (Redeployment and Surplus Management System) on 8th June, 2023 by DoP&T. In view of the launch of RSMS, all Ministries / Departments have been requested to place their requisitions in the matter of reporting the vacancies as per the CCS (Redeployment of Surplus Staff) Rules, 1990, in the online system only, through RSMS.

2. This Department understands that in keeping with the above mentioned O.M. datedRSMS 21.6.2023, all Departments/ Ministry have issued appropriate instructions to all their Attached / Subordinate /Directorate/ Field Offices/etc., impressing upon them the mandatory requirement to make all their requisitions only online through RSMS.
3. The Redeployment and Surplus Management System (RSMS) (URL:
   rsms.nicin) has been developed to facilitate and fast track the processes of seeking Non enclosed Availability Certificate (NAC) under the CCS (Redeployment of Surplus Staff) Rules, 1990 from the Surplus Cell of this Department. To underscore and accord its due priority and also towards an expeditious implementation of RSMS, this Department has embarked upon
   nomination of the Director /Deputy Secretary (Admn.) in each of the Ministry / Department, as their “Nodal Officer”. A list of Nodal Officers is enclosed.
4. The DOPT has already undertaken familiarization training on the operation of the RSMS for the Nodal Officers of the Parent Ministries / Departments / participants and also provided them with their unique credentials for use of RSMS. Also, a User Manual Guidelines is readily available in the above mentioned URL delineating in a simple language as to how to access and use the RSMS.
5. A primary requisite under the RSMS is an immediate endeavour by ALL the Nodal
   Officers for addition of ALL facility concerned Attached! Subordinate! Directorate Field Offices etc., in the RSMS, which are under their administrative control, and also to nominate their individual Nodal Officer(s), create their credentials, etc. for access, operation and use of RSMS for obtaining auto-generated redeployment letter/ NOC/ NAC, etc. The RSMS has in-built facility/ modules for creation of user credentials and for changing of passwords to access and avail the facility.

6. In case of any Technical or Administrative assistance deemed necessary, may seek
   the same at:
   (a) Technical assistance- Technical Officer, NIC, DoP&T by mail –
   persinfotech @nic.in telephone No.011-23040281.
   (b) Administrative assistance – Officers and Section (R&R and DC), Email:
   randr-doptgov.in, Telephone No.011-2465 1898 1011 -2462 6024.
7. Accordingly, it is hereby reiterated and impressed upon All Nodal Officers in the
   Ministry /Department that they must accord due emphasis in the matter and take prompt actions to add ALL their concerned Attached /Subordinate / Directorate/ Field Offices/etc. under their administrative control in the RSMS. This is a mandatory and vital action on part of ALL the Nodal Officers in the various Ministries and Departments and as well as successful important crucial link to make RSMS vibrant and successful.

End: as above.

(S. K. Mandi)
Under Secretary to the Govt. of India

Source: DoPT

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Latest DOPT Orders 2023

In general, if any department has implemented the e-Office system for communication and document management, then it is likely that they can send departmental references directly to the office of Secretary (P), DoP&T through the e-Office system. Before sending the reference, make sure to double-check the recipient’s details and ensure that you have followed all the relevant protocols and guidelines set by your department for sending references through the e-Office system.

Sending of Departmental references through e-Office: DO letter dated 22.03.2023

S: RADHA CHAUHAN
Secretary

Government of India
Department of Personnel & Training
Ministry of Personnel, Public
Grievances and Pensions

D.O. No. I-28029/30/2021-Coord

22nd March, 2023

Dear Sir/Madam,

Please refer to my D.O. letter of even number dated 12 September, 2022 (copy enclosed) for transmitting your references to DoPT in digital form with a view to bring efficiency, speed & transparency in decision making. I am happy to inform you that large number of Ministries/Departments are now sending their references to DoPT through e-office, which makes it easy to trace, track and dispose the matter in time.

2. However, it has been noted that references/cases from the Ministries etc are being sent to different officers, in the department, making it difficult to monitor the total pendency in different divisions. With a view to further enable us to monitor closely the status of references received in the Ministry, I suggest that all your departmental references be sent through e-office from your office to my office so that each of the reference gets the due attention that it deserves and senior officers of the Department can act proactively in important & time bound cases.

With regards,

Yours Sincerely,
(S Radha Chauhan)

To
The Secretaries of all Ministries/ Departments of the Government of India

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Latest DoPT Orders 2023

No.DOPT- 1669704112515
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT. (Estt. A-III)

(Dated 29 November, 2022 )

OFFICE MEMORANDUM

Sharing of advice of UPSC with the Charged Officer

Hon’ble Supreme Court in its judgment, on 16.03.2011, while dismissing the Civil Appeal No. 5341 of 2006 in the matter of Union of India & Ors. vs S. K. Kapoor, held that it is a settled principle of natural justice that if any material is to be relied upon in departmental proceedings, a copy of the same must be supplied in advance to the charge sheeted employee so that he may have a chance to rebut the same. In compliance of the judgement of Hon’ble Supreme Court in S.K. Kapoor case, provisions regarding supply a copy of the advice of UPSC, in all cases where the Commission is consulted, to the Charged Officer were incorporated by amending the CCS (CCA) Rules, 1965 vide G.S.R. No. 769(E) dated 31.10.2014. After amending these rules two clarificatory instructions were also issued. The essence of these instructions in the matter has been summarized in the following paras for guidance and better understanding:

1. The rule 15, 16, 17, 19, 27, 29 and 29-A were amended vide G.S.R. No. 769 (E) dated 31.10.2014. The amendment provides that a copy of the UPSC advice is to be supplied to the Government servant and his representation, if any, on such advice is to be considered by the Disciplinary/ Appellate/ Revisionary/ Reviewing Authority, as the case may be, before passing the final order.

[Para 3 of the OM No. 11012/8/2011-Estt.(A) dated 19.11.2014]

2. In brief, in the disciplinary cases, where the UPSC are to be consulted, the following procedure should be adopted:

(a) The Disciplinary Authority shall forward or cause to be forwarded to UPSC 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 on the representation of the Government servant on the Inquiry report and disagreement note, if any, with all the case records of the inquiry proceedings.

(b) On receipt of the UPSC advice, the Disciplinary Authority shall forward or cause to be forwarded a copy of the advice to the Government servant who shall be required to submit, if he so desires, his written representation/ submission to the Disciplinary Authority within fifteen days. The Disciplinary Authority shall consider such representation and take action as prescribed in sub-rule (4), (5) and (6) of the Rule 15 of the CCS (CCA) Rules, 1965.

[Para 4 of the OM No. 11012/8/2011-Estt.(A) dated 19.11.2014]

3. Similarly, in matters relating to Appeal/ Revision/ Review, a copy of the UPSC advice, if consulted, may be supplied to the Government servant and his representation, if any, thereon may be considered by the Appellate/ Revisionary/ Reviewing Authority before passing final order.

[Para 5 of the OM No. 11012/8/2011-Estt.(A) dated 19.11.2014]

4. Cases decided before the date of this judgement, i.e., 16th March, 2011 need not be reopened. In cases decided after 16th March, 2011, where a penalty was imposed after relying upon the advice of UPSC, but where a copy of such advice was not given to the Charged Officer before the decision, the penalty may be set aside and inquiry taken up from the stage of supply of copy of the advice of UPSC.

[Para 3 of the OM No. 11012/05/2015-Estt.(A-III) dated 14.07.2016]

5. In cases where a penalty of dismissal, removal or compulsory retirement has been imposed, the Charged Officer, if he has not reached the age of superannuation, shall be deemed to be under suspension from the date of original penalty as per rule 10(4) of the CCS (CCA) Rules, 1965.

[Para 4 of the OM No. 11012/05/2015-Estt.(A-III) dated 14.07.2016]

6. Cases where the Government servant has retired shall be dealt with as per rule 69 of CCS (Pension) Rules, 1972 (now Rule 8 of the CCS (Pension) Rules, 2021). In the cases of any other penalties, only the penalty will be set aside, but no consequential benefits like arrears of pay shall be allowed. This will be decided by the Competent Authority after conclusion of the further inquiry. Similarly, in a case where a penalty of recovery has been imposed, if the recovery is being made in installments, the recovery shall be suspended pending finalization of further inquiry. No refund of recovery already effected will be made. Whether the money already recovered has been refunded will depend on the decision of the Disciplinary Authority. Where a penalty of withholding of increments has been imposed, if a withheld increment has become due, the same may be released. There is no question of release of any arrears till finalization of the proceedings.

[Para 5 of the OM No. 11012/05/2015-Estt.(A-III) dated 14.07.2016]

7. In case any reference to the relevant OM is required, the same may be accessed by clicking on the hyperlink of the OMs. List of the OMs mentioned in this document is as under:

(a) OM No. 11012/8/2011-Estt.(A) dated 19.11.2014

(b) OM No. 11012/05/2015-Estt.(A-III) dated 14.07.2016

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Latest DoPT Orders 2023

Status of Cadre Review proposals processed in Cadre Review Division of DoPT from 1st January 2016 to 31st December, 2022 (as on 10th January, 2023)

1. Approved by Cabinet – 26
2. Status of Proposals under consideration – 24
   1. Meeting of Cadre Review Committee held – 14
   2. CRC Meeting held – 1
   3. Pending for consideration of CRC – 4
   4. Pending with Department of Expenditure – 1
   5. Pending with DoPT – 1
   6. Information/clarification/reply pending with CCA – 3

A. Approved by Cabinet

* CRC – Cadre Review Committee

Under Secretary (CRD)
10/01/2023

B. Status of Proposals under consideration

1) Meeting of Cadre Review Committee held, approval of Cabinet required-14

(2) CRC Meeting held-1

(3) Pending for consideration of CRC- 4

(4) Pending with Department of Expenditure-1

(5) Pending with DoPT -1

(6) Information/ clarification/ reply pending with CCA -3

Under Secretary (CRD)
10/01/2023

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Latest DoPT Orders 2023

No. 21/1/2022-CS.1(U)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(CS.I Division)

2nd Floor, ‘A’ Wing, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated the 4th January, 2023

OFFICE MEMORANDUM

Sub: Review of CSS Officers (Under Secretary) under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972 – Regarding.

The undersigned is directed to refer to this Department’s O.M. of even number dated 31 October 2022 vide which all the cadre units were requested to provide the inputs as per the 15 columns’ prescribed proforma for review of US level officers of CSS who have crossed the age of 50 years on 01.07.2022, under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972 and to say that the requisite information has so far been received from the D/o Expenditure and the D/o Revenue only.

2. In this regard, all the remaining concerned cadre units are once again requested to furnish the required information/complete inputs to this Department urgently and not later than 27th January 2023, failing which, it would be presumed that the concerned cadre unit has no officer(s) pending for review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972.

(Sunil Kumar)
Under Secretary to the Govt. of India

To (through DoPT’s website):

All cadre units of CSS.

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Latest DoPT Orders 2023

F.No.21/1/2022 -CS.1(S)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market
New Delhi, the 26th December, 2022

OFFICE MEMORANDUM

Subject: Recommendations received from the Hon’ble Court of Chief Commissioner for Persons with Disabilities on the representation dated 24.05.2022 of Shri Vishnu S. Nair, Section Officer, CSS requesting for posting to native place i.e. Ernakulam Distt., Kerala.

The undersigned is directed to say that Shri Vishnu Nair (PWBD with 85% hearing disability in both ears, a regular Section Officer of the Central Secretariat Service and presently posted in the Ministry of Micro, Small and Medium Enterprises (MSME) had requested for posting in his native place i.e. Ernakulam Distt., Kerala due to his hearing disability. As there is no CSS cadre post in Ernakulam district, this Department is unable to post him near his hometown.

2. He had also approached Commission for Persons with Disabilities (CCPD) for its intervention to arrange for his posting in any Govt. organisation near his home district.

3. In this connection, the Hon’ble Chief Commissioner for Persons with Disabilities (CCPD) in her Order dated 30.11.2022 has recommended that this Department would write to all Central Government establishments situated in Kerala in order to explore the possibility of his transfer to Kerala where hometown of the complainant is situated.

4. Accordingly, all the Ministries/Departments of Government of India are requested kindly to explore possibilities of posting of Shri Vishnu Nair in any of the attached/regional offices/autonomous bodies under their administrative/cadre control located in the state of Kerala in general and in Ernakulam district in particular within the existing rules of the organisation so as to help Sh. Nair, Section Officer work near his hometown and stay with his family.

(Rajeev Nayan)
Under Secretary to the Govt. of India

Encl: As above.

To

All the Ministries/Departments of Government of India
(As per list attached)

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