[Compilation (as amended upto 03.04.2023)]

No. F. 18/4/51-Ests(B)
Government of India
Ministry of Home Affairs

New Delhi, the 1st September, 1958

NOTIFICATION

G.S.R. 789.- In exercise of the powers conferred by the proviso to clause (3) of article 320 of the Constitution and in supersession of all previous regulations on the subject, the President hereby makes the following regulations, namely –

1. These regulations may be called the Union Public Service Commission (Exemption from Consultation) Regulations, 1958.

2. It shall not be necessary to consult the Commission in regard to any of the matters mentioned in sub-clauses (a) and (b) of clause (3) of the Article 320 of the Constitution in the case of the services and posts specified in the Schedule I# to these Regulations.

2A. It shall not be necessary to consult the Commission in regard to any of the matters mentioned in sub-clause (b) of clause (3) of Article 320 of the Constitution in the case of posts specified in Schedule II to these Regulations.

3. Save as otherwise expressly provided in the rules governing recruitment to the Civil Service or Civil post concerned, it shall not be necessary to consult the Commission in regard to the selection for appointment:

• (a) to a post included in an All India Service, of any Officer who is already a member of an All India Service:
• (b) to a post included in a Central Service Group A of any Officer in the Armed Forces of the Union or any officer who is already a member of an All India Service or a Central Service, Group A:
• (c) to a Central Service, Group B, or to a post included in a Central Service, Group B, or any officer who is already a member of a Central Service, Group B, or Central Service, Group C or of any officer in the Armed Forces of the Union; and
• (d) to a tenure post included in Central Service Group A or a Central Service Group B, of an Officer of a State Service.

Note:- In this regulation-

(i) the terms “Central Service, Group A”, “Central Service Group B” and “Central Service, Group C” shall include the corresponding Railway Services and Defence Services (Civilian);

(ii) the term ‘Officer’ means a person appointed to an All India Service or the Armed forces of the Union, or a Central Service Group A, or Central Service Group B, or a Central Service Group C or a State Service, as the case may be in accordance with the relevant recruitment rules.

(iii) the term “State Service” means service in a State appointments to which are made by the Governor;

(iv) the term “tenure post’ means a post whether permanent or temporary, which has been classified as a tenure post in consultation with the Commission.

4. It shall not be necessary to consult the commission in regard to the selection for a temporary or officiating appointment to a post, if-

• (a) the person appointed is not likely to hold the post for a period of more than one year; and
• (b) it is necessary in the public interest to make the appointment immediately and reference to the Commission will cause undue delay.

Provided that-

(i) such appointment shall be reported to the commission as soon as it is made;

(ii) if the appointment continues beyond a period of six months, a fresh estimate as to the period for which the person appointed is likely to hold the post shall be made and reported to the Commission; and

(iii) if such estimate indicates that the person appointed is likely to hold the post for period of more than one year from the date of appointment, the Commission shall immediately be consulted, the Commission shall immediately be consulted in regard to the filling of the post.

5. (1) It shall not be necessary to consult the Commission in regard to the making of any order in any disciplinary case other than:

(a) an original order by the President imposing any of the following penalties:-

(i) Censure

(ii) Withholding of increments or promotion;

(iii) recovery from the pay of the whole or part of any pecuniary loss caused to the Government by negligence or breach of orders;

(iv) reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(ivA) reduction to a lower time scale of pay, grade, post or Service with or without further directions regarding conditions of restoration to the grade or post or Service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or Service;

(v) compulsory retirement;

(vi) removal from service;

(vii) ismissal from service:

(b) an order by the President on an appeal against an order imposing any of the said penalties made by a subordinate authority;

(c) an order by the President over- ruling or modifying, after consideration of any petition or memorial or otherwise, an order imposing any of the said penalties made by the President or by a subordinate authority;

(d) an order by the President imposing any of the said penalties in exercise of his powers of review and in modification of an order under which none of the said penalties has been imposed.

(2) It shall not be necessary to consult the Commission in regard to any disciplinary matter affecting a person belonging to a Defence Service (Civilian).

(3) It shall not be necessary for the President to consult the Commission-

(a) in any case where the President proposes to make an order of dismissal, removal or reduction in rank after being satisfied that such action is necessary in the interest of the security of the State; and

(b) in any case where the President proposes to make an order under rule 3 of the Central Civil Services ( Safeguarding of National Security) Rules, 1953, or rule 3 of the Railway Services (Safeguarding of National Security ) Rules, 1954, as amended by the Railway Services (Safeguarding of National Security ) Amendment Rules, 1960.

5A It shall not be necessary to consult the Commission in regard to any matter mentioned in sub-clause (d) of Clause 3 of Article 320 of the Constitution:-

(a) in the case of a person belonging to Central Service Group ‘C’ or Central Service Group ‘D’;

(b) in any other case, where the Government has accepted the claim of the Government servant.

6. It shall not be necessary to consult the Commission in regard to any of the matters mentioned in sub-clause (e) of clause (3) of Article 320 of the Constitution in the case of –

(a) a person belonging to an All India Service or a Central Service, Group A or a Central Service, Group B, in so far as claims arising out of injuries sustained at any time during which the proclamation, issued on 26th October, 1962 by the President under Clause (1) of Article 352 of the Constitution, remains in operation, are concerned; and

(b) a person belonging to a Central Service, Group C or a Central Service, Group D.

#. Substituted vide DOPT Notification No. 39018/5/90-Estt (B) dated 13/11/91. (GSR 666 dated 30th November, 1991)

αInserted vide DOPT Notification No. 39018/5/90-Estt(B) dated 13/11/91. (GSR 666 dated 30th November, 1991)

€ Substituted vide D/o Personnel and AR Notification No. 18/10/74-Estt. (B) dated 29/4/1975. (GSR 594 dated 17th May 1975) as amended vide DOPT Notification No. 39015/2/75-Estt (B) dated 5/7/76. (GSR 1063 dated 24th July, 1976)

µ Substituted vide Cabinet Secretariat (Department of Personnel) Notification No. 18/4/71-Estt.(B) dated 6/9/71. (GSR 1654 dated 6the November, 1971)

£ Substituted vide Cabinet Secretariat (Department of Personnel) Notification No. 18/4/71-Estt. (B) dated 6/9/71. (GSR 1654 dated 6th November, 1971)

¥ Inserted vide MHA Notification No. 18/7/59-Estt. (B) dated 23/5/1961. (GSR 731 dated 3rd June, 1961).

± Substituted vide MHA Notification No. 18/10/60- Estt. (B) dated 17/8/1961. (GSR 1047 dated 26th August, 1961)

Ω Inserted vide DOPT Notification No. 39018/3/85-Estt. (B) dated 1/4/86. (GSR 268 dated 12th April, 1986)

™Substituted by MHA Notification No. 18/5/65-Estt. (B) dated 10/11/65. (GSR 1672, dated 20th November, 1965).

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No. 39011/08/2016-Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Date: 28th December, 2018

OFFICE MEMORANDUM

Subject: Departmental proceedings against Government Servants – Procedure for consultation with the Union Public Service Commission – reg

The undersigned is directed to refer to this Department’s OM No.
39011/12/2009-Estt(B) dated 10.05.2010 on the subject mentioned above vide which a Proforma/Checklist was forwarded to all Ministries/Departments for referring disciplinary cases to Union Public Service Commission (UPSC) in terms of Article 320(3) (c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation) Regulations, 1958 (as amended from time to time).

2. The Proforma/ Checklist has been revised in consultation with UPSC so as to ensure that there are no shortcomings while sending the requisite information/ documents to the Commission. It is also expected that the complete reference is received in the Commission at least three months prior to the retirement of the charged officer in case of minor penalty proceedings and at least six months prior to retirement in case of major penalty proceedings in order to get advice of the Commission and the implementation thereof. Wherever the time is less than three months/ six months from the retirement of the Government servant, cogent reasons justifying late submission of case to UPSC are also required to be indicated.

3. The modified Proforma/Checklist for forwarding disciplinary cases to the  UPSC is enclosed for guidance! compliance by all concerned.

Encl: As above

(Pramod Kumar Jaiswal)
Under Secretary to the Government of India
Tel. No.: 23093175

Download the PROFORMA / CHECK LIST FOR FORWARDING DISCIPLINARY CASES TO THE UNION PUBLIC SERVICE COMMISSION

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Important Notice for the Applicants of Lateral Recruitment to Senior Positions in Government of India – DoPT

This is with reference to the applications invited by the Department of Personnel Training (DOPT) from talented and motivated Indian nationals willing to contribute towards nation building to join the Government at the level of Joint Secretary on contract basis in the following ten Department/Ministries of the Government:

(i) Department of Revenue

(ii) Department of Financial Services

(iii) Department of Agriculture Cooperation Farmers’ Welfare

(iv) Ministry of Road Transport Highways

(v) Ministry of Shipping

(vi) Ministry of Environment, Forest Climate Change

(vii) Ministry of New and Renewable Energy

(viii) Ministry of Civil Aviation

(ix) Department of Economic Affairs

(x) Department of Commerce

The task of selection of suitable candidates from amongst those who have already applied in response to the same has now been entrusted to the Union Public Service Commission by the competent authority on 29th October, 2018. All candidates who have already submitted the application to DOPT are hereby instructed to fill up a Detailed Application Form (DAF) which seeks to obtain additional specific information of the candidates regarding qualifications and experience so as to facilitate the selection process. A mail is also being issued separately to each of the candidates who have applied, through their registered e-mail ID indicated in their online applications submitted in response to DoPT Advertisement. The candidates may access the link (https://upsconline.nic.in/oralateral/candidate/LoginFinal.php) also indicated in the mail addressed to them and submit online all the requisite information asked for in the DAF before 06.00 PM 1st January 2019

The essential qualifications indicated in the original advertisement are the minimum and mere possession of the same does not entitle candidates to be called for Test/ Interview. As the numbers of applications are large, Commission may adopt suitable short listing criteria to restrict the number of candidates to be called for Test / Interview to a reasonable number by any or more of the following methods:

(i) By defining the comparable level of experience suitably.

(ii) On the basis of any specific experience or higher Experience in the relevant field than the minimum prescribed in the advertisement.

(iii) On the basis of higher/ relevant Educational Qualifications than the minimum prescribed in the advertisement.

(iv) By holding a Recruitment Test.

The candidate should, therefore, mention all his/her qualifications and experience in the relevant field over and above the minimum qualifications.

The candidates are required to upload documents in support of the Educational Qualification and Experience claimed by them in DAF. Degree / Diploma / Certificate may be uploaded in support of the educational qualification. If Degree / Diploma is not available, Provisional Certificate along with full Mark sheet may be uploaded. For experience, up-to-date and full Experience Certificate, unambiguously indicating the nature of duties, dates and duration of experience, level / position, responsibilities etc issued by the employer may be uploaded. In case, the submitted documents do not satisfactorily support the claim made, the applications would be liable to be rejected.

Similarly, applicants who have claimed relevant experience but the Experience Certificate attached in support of that is not for the entire duration claimed or do not support the claim made would be rejected. Only the time period of relevant experience for which Experience Certificate has been submitted would be considered.

Appointment letters, office orders, transfer orders, resignation letters, pay certificates, service certificates, posting orders, affidavits and the certificates attested by the candidates themselves or self employment certificates are not considered as proof of experience.

Candidates will be short-listed for Test/Interview on the basis of the information provided by them in their DAF. They must ensure that such information is true. If at any subsequent stage or at the time of Test/Interview any information given by them or any claim made by them in their online DAF is found to be false, appropriate action as deemed fit, would be taken against such candidates. DAF received after last date of submission i.e. 06.00 PM on 01/01/2019 would not be considered.

Source: DoPT

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07 MAY 2018

Union Public Service Commission will be conducting the Civil Services (Preliminary) Examination-2018 on 03.06.2018 (Sunday) all over India. The Commission has uploaded the e‑Admit Card for the convenience of the admitted candidates on its website (http://www.upsc.gov.in). The candidates are advised to download their e-Admit Cards and take a printout thereof. The admitted candidates will have to produce the printout of their e-Admit Card at the allotted Venue for appearing at the Examination.
In case the photograph is not clear, blurred or not available on the e-Admit Card, candidates will have to carry two (2) identical photographs (one photograph for each Session) along with proof of Identity such as Aadhaar Card, Driving License, Passport, Voter ID Card etc. and the printout of e-Admit Card at the Venue of the Examination for appearing at the Examination with an undertaking. No paper Admit Card will be issued for this Examination. In case of any discrepancy in the e-Admit Card, the same may be communicated to the Commission immediately by email (at email ID uscsp-upsc@nic.in) for taking the decision in the matter.

The candidates are advised to take a printout of the e-Admit Card well in advance to avoid the last minute rush. “Important Instructions to the candidates” must be read carefully by the candidates.
It may also be noted that entry into the Examination Venue shall be closed 10 minutes before the scheduled commencement of the Examination i.e. 09:20 A.M. for the Forenoon Session and 02:20 P.M. for the Afternoon Session. No candidate shall be allowed the entry into the Examination Venue after closure of the entry.
Candidates should also note that they shall not be allowed to appear at any other Examination Venue except the Examination Venue mentioned in the e-Admit Card.
Candidates are also advised to bring Black Ball Point Pen as the candidates shall be required to fill the OMR Answer Sheets and Attendance List with Black Ball Point Pen only.

Candidates may submit representations, if any, on the questions asked in the Question Papers of this Examination to the Commission through the “Online Question Paper Representation Portal (QPRep)” only by accessing the URL: http://upsconline.nic.in/miscellaneous/QPRep/ during the period from 4th-10 June, 2018. No representation through any other mode and after 10th June, 2018 shall be accepted by the Commission.

Mobile phone, (even in switched off mode), pager or any electronic equipment or programmable device or storage media like pen drive, smart watches etc. or camera or Bluetooth devices or any other equipment or related accessories either in working or switched off mode capable of being used as a communication device and calculator are banned inside the Examination Hall. Any infringement of these instructions shall entail disciplinary action against the concerned candidates including debarment from future Examination / Selection.

Valuable / costly items and bags are also not allowed inside the Examination Venue.

PIB

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On the basis of the results of the COMBINED DEFENCE SERVICES EXAMINATION (I), 2018 held by the Union Public Service Commission on 04th February, 2018, 8261 candidates with the following Roll Numbers have qualified for being interviewed by the Service Selection Board of the Ministry of Defence, for admission to (i) Indian Military Academy, Dehradun 146th Course commencing in January, 2019 (ii) Indian Naval Academy, Ezhimala, Kerala, Course commencing in January, 2019 (iii) Air Force Academy, Hyderabad (Pre-Flying) Training Course (205 F(P)) commencing in February, 2019 (iv) Officers Training Academy, Chennai 109th SSC Course (NT)(for Men) commencing in April, 2019 and (v) Officers Training Academy, Chennai, 23rd SSC Women (Non-Technical) Course commencing in April, 2019.

The candidature of all the candidates, whose Roll Numbers are shown in the lists below, is provisional. In accordance with the conditions of the admission to the examination, they are required to submit the original certificates in support of age (Date of Birth), educational qualifications, NCC (C) (Army Wing/Senior Division Air Wing/Naval Wing) etc. claimed by them along with self attested copies thereof, to Army Headquarters, A.G.’s Branch/Rtg./CDSE Entry Section for males and SSC Women Entry Section for women candidates, West Block-III, Ground Floor, Wing 1, R.K. Puram, New Delhi-110066 in case of IMA/SSC as their first choice and to IHQ of MoD (Navy), DMPR (OI & R Section), Room No. 204, ‘C’-Wing, Sena Bhawan, New Delhi-110011 in case of Navy as their first choice, and to PO 3 (A) Air Headquarters, ‘J’ Block, Room No. 17, Opp. Vayu Bhawan, Motilal Nehru Marg, New Delhi-110011 in case of Air Force as their first choice. The original Certificates are to be submitted within two weeks of completion of the SSB Interview and not later than 13th November, 2018 for AFA and not later than 01st January, 2019 for IMA and not later than 01st January, 2019 for admission to NA (1st April, 2019 in case of SSC only). The candidates must not send the original Certificates to the Union Public Service Commission.

All the candidates who have successfully qualified in the written exam are required to register themselves online on the Indian Army Recruiting website joinindianarmy.nic.in within two weeks of announcement of written result. The successful candidates would them be allotted Selection Centres and dates, of SSB interview which shall be communicated on the registered e-mail ID. Any candidate who has already registered earlier on the site will not be required to do so. In case of any query/Login problem, e-mail be forwarded to dir-recruiting6-mod@nic.in.

In case, there is any change of address, the candidates are advised to promptly intimate directly to the Army Headquarters/Naval Headquarters/Air Headquarters as the case may be.

The Union Public Service Commission have a Facilitation Counter near Examination Hall Building in its Campus. Candidates may obtain any information/clarification regarding this examination on working days between 10.00 AM to 5.00 PM, in person or over telephone No.011-23385271, 011-23381125 and 011-23098543 from this Facilitation Counter. Candidates can also obtain information regarding their result by accessing UPSC website http://www.upsc.gov.in

The marks-sheet of candidates who have not qualified, will be put on the Commission’s website within 15 days from the date of publication of the final result of OTA (after conducting SSB Interview) and will remain available on the website for a period of 60 days.

Click here for full list

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After the salary hike, as per the recommendations of the 7th Pay Commission was okayed for Bureau of Indian Standards, it is now the UPSC chairperson’s turn to get a massive three-fold hike in salary.

President Pranab Mukherjee on Wednesday cleared the proposal of salary hike of Union Public Service Commission (UPSC) chairperson as per the recommendations of the 7th Pay Commission. After President’s approval, UPSC chairman shall receive a pay of Rs 2,50,000 and each of the other members shall receive a pay of Rs 2,25,000 per mensem under the 7th Pay Commission.

Before the implementation of the 7th Pay Commission, chairman and members of the UPSC, a constitutional body that conducts the prestigious civil services examination, used to get a monthly salary of Rs 90,000.

“The hike in salary was necessitated due to implementation of the 7th Pay Commission (7CPC) recommendation that has resulted in increase of salaries of all Central government employees,” a senior government official said. “The salary of UPSC chief will now be that of Cabinet Secretary and members’ monthly remuneration will be that drawn by a secretary-level officer,” he said.

The 7th Pay Commission had recommended a 14 per cent hike in salary to government officials, which has been accepted by the government. As per the 7th Pay Commission recommendations, the minimum salary of a central government employees has been increased from the current Rs 7,000 per month to Rs 18,000 per month. The salary of cabinet secretaries has been increased up to a minimum of Rs 2.5 lakh per month against the current salary of Rs 90,000. The gratuity ceiling has been increased from Rs 10 lakh to Rs 20 lakh.

The chairperson and members will also be entitled for travel allowance, medical facilities, Leave Travel Concession, conveyance allowance and such other conditions of service as are for the time-being applicable to equivalent pay in the Central government, the norms said.

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North Block, New Delhi-110 001
Dated : 14th July, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965- Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant — when a penalty is set aside-clarification

Undersigned is directed to refer to the Department of Personnel and Training OM No. F. No. 11012/8/2011-Estt.(A) dated the 19 th November, 2014 on the above subject and to say that Hon’ble Supreme Court had in Union Of India & Ors vs S.KKapoor, 2011 (4) SCC 589 decided that where the report of the Union Public Service Commission is relied upon by the Disciplinary Authority, then a copy of the same must be supplied in advance to the concerned employee.

3. Representations received from Government servants against penalty in such cases may be dealt with in the following manner. 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.

4. 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 CCS (CCA) Rules, 1965.
5. Cases where the Government servant has retired shall be dealt with as per rule 69 of CCS (Pension) Rules, 1972. 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 finalisation of the further inquiry. No refund of the recovery already effected will be made. Whether the money already recovered has to be 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 finalisation of the proceedings.

6. Hindi Version follows.

(Mukesh Chaturvedi)
Director (E)

To
All Ministries/ Departments of the Government of India.

DoPT Order

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The Union Public Service Commission (UPSC) have submitted a proposal to the Central Government suggesting certain changes in the existing scheme of Civil Services (Main) Examination to make it more relevant with the present day, global as well as internal scenario on the basis of the report of a committee, constituted by the Commission under the chairmanship of Prof. Arun S.Nigavekar, former Chairman, University Grants Commission (UGC).

Till now, no decision has been taken by the Government on these recommendations.

This was stated by Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pension and Minister of State in the Prime Minister’s Office in written reply to a question by Shri Avinash Pande in the Rajya Sabha today.

PIB

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