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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Filling up the post of Assistant Director (Vigilance) (General Central Service, Group A, Gazetted, Non-Ministerial) in the Office of UPSC in Level-10 of the pay Matrix (as per 7th CPC) on deputation basis

Also check the Vacancy for officers in UPSC in Level 7 of the pay Matrix on Promotion / Deputation under Central Government, Deputation / Reemployment (For Armed Forces personnel)

Download Circular: DoPT

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Important Circular

No. AN-1/1058/ SPARROW/Vol. II

Date: 13/02/2020

To
All PAR Managers/ Custodians (SPARROW- IDAS)
All IDAS officers

(Through CGDA’s website)

Subject : Completion of APARs in “SPARROW”

In the recent times, it is observed that the APARs are not completed by the officers as per the laid down DoPT timelines. APARs in respect of few IDAS officers for the FY 2018-19 have been closed by the system – “Pending with Officer Reported upon for self appraisal” stage. This has been viewed seriously by the competent authority.

2. In this regard it is stated that the PAR managers are responsible to send alert message to the officer reported upon (preferably a week before the prescribed timeline for submitting self appraisal). On failure of an officer to submit self-appraisal as per DoPT timelines to the Reporting Officer, the PAR Manager shall “Force Forward” the same to the Reporting Officer without self appraisal.

3. The Reporting officers should also keep a watch on the movement of APARs of officers working under them and ensure that the APARs are written timely. In case, the self appraisal is not submitted timely, then the force forwarded APAR without self appraisal shall be written by the Reporting officer.

4. The Reporting/ Reviewing/ Accepting officers are also requested to complete the APARs as per DoPT timelines in future. The online recording of APARs on SPARROW system close on 31st December after which it will not be possible to take any action on the APARs.

5. APARs of officers posted on deputation to various Ministries/Departments (other than those posted in Ministry of Defence , UPSC and OFB) are generated centrally in this HQrs office. These officers are request ed to provide the details as mentioned in the table below latest by first week of the next financial year so that the APARs could be initiated timely. Officers posted in Ministry of Defence, UPSC and OFB may forward the details to concerned PAR Managers of MoD, UPSC and PCA (Fys) Kolkata respectively.

6. Officers posted on deputation/ IPA/ Ordinance factories setup, where officers of other services/ Ministers/ Executive authorities are involved are requested to track the movement of their APARs using the tracking activity on SPARROW and if necessary request their Reporting/ Reviewing/ Accepting officers for timely completion of their APARs.

(Praveen Kumar)
Sr. Jt. CGDA (Admin)

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Latest DoPT Orders 2020

FNo. 43014/03/2019- Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated 21st January, 2020

Office Memorandum

Subject: Filling up of vacant posts in Central Government Ministries / Department – reg.

Attention is drawn towards this Department’s OM No. 39020/18/2016- Estt.(B) dated 19th December, 2016 regarding timely and advance action in filling up the Direct Recruitment (DR) vacancies. It was, inter-alia, requested therein that advance action may be taken by the Ministries/ Departments and their Attached and Subordinate Offices for reporting vacancy position with respect to Direct Recruitment (DR) posts to the concerned recruitment agency i.e. Union Public Service Commission (UPSC) and Staff Selection Commission (SSC) etc, for filling up of such Direct Recruitment vacancies in a timely manner.

The Cabinet Committee on Investment and Growth in the meeting held on 23.12.2019, has directed to take time bound action to fill the existing vacancies in various Ministries / Departments.

Accordingly, all the Ministries/ Departments are requested to fill up the existing vacancies in the concerned Ministries/ Departments, their Attached and Subordinate Offices, in a time bound manner. It is also requested that a report with regard to action taken to fill up the existing vacancies, may be sent to this Department, as per format given overleaf, by 5th day of every month. The first such report should reach this Department latest by 5th February, 2020.

(Rajbir Singh)
Under Secretary to the Government of India

Source: DoPT

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LATEST DOPT ORDERS 2019

F.No.21/07/2019-CS-l(P)
Ministry of Personnel, Public Grievances Pension
Department of Personnel & Training
(C.S.l Division)

2nd Floor,’A’ wing,
Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 7th November, 2019

OFFICE MEMORANDUM

Subject:- Filling up of the one post each in Level-6, Level-7 and Level 12 in UPSC.

The undersigned is directed to circulate the Vacancy Circulars No.A-35021/041201 9 Admn-ll dated 15th October, 20l9, A-35021/03/2019 dated 25th October, 2019 and A- 35021/07/2019 Admn-ll dated 25th October, 2019 (along-with enclosures) received from Union Public Service Commission for filling up the following posts as detailed below:-

Also check: Vacancy for officers in UPSC in Level 7 of the pay Matrix on Promotion / Deputation under Central Government, Deputation / Reemployment (For Armed Forces personnel)

2. It may be noted that cadre clearance from C.S.l Division will be required in case of Under Secretary and above level officers of CSS applying for deputation.

3. In case of any further clarification, applicants are requested to contact the concerned Ministries / Departments

(Sanjay Kumar Das Gupta)
Under Secretary to the Government of India

To,
All Ministries/Departments (through DOPT’s website)

Source: DoPT

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DoPT Orders 2019

F.No.21 /07/2019-CS-I(P)
Ministry of Personnel, Public Grievances pension
Department of Personnel &’I’raining
(C.S.l Division)

2nd Floor, ‘A’ wing,
Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 30 September, 2019

OFFICE MEMORANDUM

Subject:- Filling up one (01) post of Deputy chief Reception and protocol officer ( General Central service, Group B Gazetted, Non Ministerial ) in the office of UPSC in Lever 7 of the pay Matrix on Promotion/ Deputation under Central Government, Deputation / Reemployment ( For Armed Forces personnel ) basis-reg

The undersigned is directed to circulate Vacancy circular No.A- 35021/06/2019-Admn-ll dated 23/09/2019 (along-with enclosures) received from Union Public Service Commission (UPSC) inviting application to fill up one (01) post of Deputy Chief Reception Officer and Protocol Officer (General Central Service, Group B, Gazetted, Non-Ministerial) in the office of UPSC in Level 7 of the Pay Matrix on promotion/Deputation ( For officers under central Government ) Deputation/Reemployment (For Armed Forces Personnel) basis.

In case of any further clarification, applicants are requested to contact the concerned Ministries / Departments.

Also read: Filling up of one post (01) of Account Officer in Level-10, Rs. 56,100 – 1,77,500/- of the pay matrix on Deputation (including short term contract) basis in Directorate General of Civil Aviation (DGCA) 

(Saniay Kumar Das Gupta)
Under Secretary to the Government of India

To,
All Ministries/ Departments ( through DoPT’s website )

The Last date of receipt applications is 60 days from the date of publication of vacancy circular in employment news

Download Bio-Data Proforma

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Filling up the post of Library & Information Officer in Level-11 of CCS(RP) Rules 2016 on Composite Method

F.No.21/07/2019-CS-I(P)
Ministry of Personnel, Public Grievances Pension
Department of Personnel & Training
(C.S.I Division)

2nd Floor, ‘A’ wing,
Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 26th July, 2019

OFFICE MEMORANDUM

Subject:- Filling up the post of Library & Information Officer ( General Central Service, Group ‘A’ , Gazetted, Non-Ministerial) in Level-11 of CCS(RP) Rules 2016 in the Office of UPSC on Composite Method [ Deputation (including Short Term Contract) plus promotion basis] -reg.

The undersigned is directed to circulate herewith Vacancy Circular No. A.35021/02/2019-Admn-II dated 04.06.2019 (along-with enclosures) from Union Public Service Commission (UPSC) proposes to fill up one post of Library & Information Officer (General Central Services, Gr. A Gazetted, Non-Ministerial) in the Level 11 of CCS (RP) Rules 2016 in the Office of UPSC on deputation (including Short Term Contract) plus promotion basis.

It may be noted that cadre clearance from C.S.I Division will be required in case of Under Secretary and above level officers of CSS applying for deputation.

In case of any further clarification, applicants are requested to contact the concerned Ministries / Departments

(Sanjay Kumar Das Gupta)
Under Secretary to the Government of India

Source: DoPT

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No.AB- 14017/11/2019-Estt.(RR)(3147397)
Government of India
Ministry of Personnel. P.G. & Pensions
Department of Personnel and Training
Estt(RR) Section

North Block, New Delhi
Dated: July, 2019

OFFICE MEMORANDUM

Subject: Procedure to be followed in cases of disagreement on Recruitment Rules – regarding.

The undersigned is directed to state that as per extant instructions, the process of framing / amending of Recruitment Rules for a post involves consultation with DoPT, UPSC and thereafter vetting by the Legislative Department. As per established procedure, the Administrative Ministries / Departments frame service rules/recruitment rules or propose amendments thereof, based mainly on the model RRs or instructions issued by DoPT from time to time and refer them to DoP&T for concurrence. After the receipt of concurrence from DoPT, the Ministries/Departments refer proposals to UPSC for advice. After receipt of concurrence of UPSC. with the approval of Competent Authority, RRs are finally notified, after vetting by the legislative Department.

UPSC brought certain instances to the notice of this Department, where post the advice of Commission, RRs have been notified incorporating substantial changes in the recruitment rules / service rules (RRs/SRs). without obtaining the concurrence of the Commission, which is not in order. On consideration of the matter, it has been decided that if substantial changes are effected in the RRs after the receipt of advice of UPSC. the same shall be brought to the notice of UPSC by the administrative Ministry for obtaining their advice / concurrence on the same. Non-adherence to this procedure may result in the case being treated as a case of disagreement with the Commission, and therefore administrative Ministries have to take a conscious decision in this regard. Substantial changes referred here are those changes having a bearing on the principles of recruitment, viz., change in the method of recruitment, eligibility criteria etc and does not include vetting changes made by the Legislative Department, spelling or grammatical corrections.

In light of the foregoing, all Ministries/ Departments are requested to refer the proposals back to UPSC for concurrence in cases where administrative Ministry / Department, after the receipt of advice of the Commission, want to carry out any change/s in the draft RRs/SRs, which is / are substantial in nature. All Ministries/Departments are requested to adhere to these instructions.

(K Prakasham)
Under Secretary to the Government of India
Tel: 23094254

To
All Ministries / Departments

Source: DoPT

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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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UNSTARRED QUESTION NO: 108
ANSWERED ON: 11.12.2018

Eligibility Condition for Differently abled

JAGDAMBIKA PAL
Will the Minister of

SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-

(a) whether the Government has revised the ‘Guidelines for conducting written examination for persons with disabilities’ issued by the Ministry on 26th February 2013;

(b) if so, the details of the revision and the reasons therefor;

(c) whether any restrictions have been imposed on educational qualifications of scribe/reader/lab assistant, if so, the details thereof and the reasons therefor;

(d) whether the new guidelines mandate the production of a certificate from the Chief Medical Officer/Chief Surgeon/ Medical Superintendent of a Government Hospital in addition to the disability certificate; and

(e) if so, the details thereof and the reasons therefor?

ANSWER

MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI KRISHANPAL GURJAR)

(a) & (b) Yes, Sir. The Ministry has issued revised guidelines for conducting written for persons with benchmark disabilities on 29/08/2018 replacing the earlier guidelines issued on 26/02/2013. The revised guidelines were issued on the basis of the recommendations of the Expert Committee constituted on 26/03/2015 to look into the issues raised by UPSC and others relating to implementation of the guidelines for conducting written examination for persons with disabilities

(c) As per Clause VI of the guidelines for conducting written examination for persons with benchmark disabilities issued on 29/08/2018, In case the examining body provides the scribe/reader/lab assistant, it shall be ensured that qualification of the scribe should not be more than the minimum qualification criteria of the examination. However, the qualification of the scribe/reader should always be matriculate or above.

In case the candidate is allowed to bring his own scribe, the qualification of the scribe should be one step below the qualification of the candidate taking examination.

(d) & (e) As per clause IV of the guidelines dated 29/08/2018, the facility of Scribe/Reader/Lab Assistant should be allowed to any person with benchmark disability as defined under section 2(r) of the RPwD Act, 2016 and has limitation in writing including that of speed if so desired by him/her.

In case of persons with benchmark disabilities in the category of blindness, locomotor disability (both arm affected-BA) and cerebral palsy, the facility of scribe/reader/lab assistant shall be given, if so desired by the person.

In case of other category of persons with benchmark disabilities, the provision of scribe/reader/lab assistant can be allowed on production of a certificate to the effect that the person concerned has physical limitation to write, and scribe is essential to write examination on his behalf, from the Chief Medical Officer/Civil Surgeon/ Medical Superintendent of a Government health care institution as per the specified proforma

Source: loksabha

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