CCS (RP) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure

CCS (RP) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure

Office of the General Manager( Finance)
PAO, A.P.Circle, Hyderabad

No.180 / IFA/VIICPC/PF/clarifications

Dated: 22/05/2019

To
The Postmasters General,
Vljayawada / Visakhapatnam /Kumool /
Hyderabad/ Hyderabad HQs

Sir,
Subject: CCS (RP) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure - Clarifications.

Ref: This office Lr. No.669/ PM·II/IFA/Genl./ 7thCPC Pay fixation dated 23.07.2018 .

Following the O.M.No.4-13/17/IC/E-IIA dated 12th December, 2018 issued by the Department of Expenditure, Ministry of Anance on the opportunity for revision of option to come over to reyised pay structure, this office has received references seeking clarification on the eligibility of the officials for exercising revised option from some of the units namely; O/o CPMG - Vijayawada, HRO - 'V' Division and Waltair RS HO in Visakhapatnam Division in A.P. Circle. The matter has been perused with reference to the OM dated 12.12.2018 and the CCS (RP) Rules, 2016 and the point of doubts are clarified as under:-

1. Point of doubt : In view of M.F., O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial upgradation In Feb./ March/ August/ September, 2017 and December 2018 are eligible to exercise revised option to come over to revised pay structure on the date of their financial up-gradation under MACPS.

Clarification:- The Central Govt. employees have been permitted another opportunity to revise their Initial option to come into revised pay structure in terms of Rules 5 & 6 thereof of CCS (RP) Rules, 2016 vide M.F., OM No. 4-13/ 17-IC/E-IIIA dated 12-12-2018. Wherein, it has been also repeated to make the meaning dear that all other terms and conditions as laid down in the said Rules 5 & 6 shall continue to be applicable for the revised options. As per the second provision of the Rule 5, in cases where a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up-gradation, the Government servant may switch over to the revised pay structure from the date of such promotion or up-gradation, as the case may be. Hence it is clarified that the officials who ace awarded promotion/ financial upgradation after the date of notification of the CCS (RP) Rules, 2016 (j,e. 25.07.2016) are not entitled to exercise option/revised option -to come over to the revised pay structure on the date of their promotion/ financial upgradation.

2. Point of doubt: In view of M.F., O.M. No.4-13/ 17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial upgradation In Feb./ March, 2017 under MACPS are eligible to exercise revised option to come over to revised pay structure on the date of their subsequent increment in pre revised pay structure (i.e. on 01.07.2017).

Clarification:- As furnished In the clarification on point of doubt - 1 above, all other terms and conditions as laid down In the Rules 5 &. 6 thereof shall continue to be applicable for exercising revised option. As per the first provision of the Rule 5, a Government servant may elect to Continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment In the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure. As per explanation-1 under the Rule 5, the option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of one existing pay Band and Grade pay or Scale.

Further, switching over to the revised pay structure either on 01-01-2016 or from a later date than 01-01-2016 i.e. on the date of promotion/ upgradation or the date next/ any subsequent increment, are applicable under Rule 5 in case of post/ Pay Band or Grade Pay held on 01-01-2016. Thus, if the date of next or any subsequent increment (i.e. on 01-07-2016 or any subsequent date of increment) for a post/Pay Band or Grade Pay held on 01-01-2016 falls after the date of promotion, then the date of next/ any subsequent increment for the post/ Pay Band or Grade Pay held on 01-01-2016 has no relevance for option, as this post/ Pay Band or Grade Pay on 01.01.2016 is no longer held on the date of next/ any subsequent date of Increment.

Hence. it is clarified that the officials who are awarded promotion/ financial up gradation under MACPS prior to the next or any subsequent date of increment in the pre revised Day structure are not entitled to exercise option/revised option to come over to revised Day structure on the date of next or any subsequent date of increment i e 01.07.2016 or 01.07.2017 etc. (With regards to the said clarifications this officer. No. 69/ PM-II/IFA/ Genl./ 7thCPC Pay fixation Visakhapanam by endorsing copies to all the Regional Offices and the Divisional Heads may also be referred to.)

Point of doubt on Method of fixation of pay: As per the representations, the officials are seem to be on the opinion that fixation of their pay on promotion/ up-gradation on or after 01 -01-2016 will be done first in pre revised pay structure (6th CPC) and then (after placement to the promotional grade in pre revised pay structure), the revision of pay in the revised pay structure will be done as per Rule 7 of CCS (RP) Rules, 2016.

Clarification : In case of an admissible option is exercised to come over to revised pay structure on the date of promotion/ up-gradation or on the date of next/ any subsequent increment in pre revised pay structure; revision of pay will be made first as prescribed in clause A of sub rule 1 under Rule 7 of the CCS (RP) Rules, 2016 w.r.t. the existing basic pay in pre revised pay structure-e i.e. in the prescribed existing Pay Band and Grade Pay, and after switching over to the r-evised pay structure, the fixation of pay on promotion (after 01.01.2016) shall be made as prescribed in rule 13 of the CCS-(RP) Rules, 2016.

This has the approval of the General Manager (Finance).,

7th CPC Promotion : Fixation of Pay on Promotion from the Date of Next Increment Option - Dopt Orders with Illustration

7th CPC Promotion : Fixation of Pay on Promotion from the Date of Next Increment Option - Dopt Orders with Illustration

Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016-regarding.

No.13/02/2017-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi Dated 27th July, 2017

OFFICE MEMORANDUM

Subject: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016-regarding.

Prior to implementation of 6th CPC Report, the pay fixation on promotion was governed by provisions of FR 22(I)(a)(1). In 6th CPC context, the first part of FR 22(I)(a)(1) was replaced by Rule 13 of CCS (RP) Rules, 2008. Similarly, consequent upon implementation of CCS (RP) Rules, 2016 in 7th CPC context, the pay fixation on promotion is regulated by the provisions of Rule 13 of CCS (RP) Rules, 2016. This rule regulates pay fixation on promotion if the same is opted by the employee from the date of promotion itself. The issue of relevancy of provisions of FR 22(I)(a)(1) as well as the methodology of fixation of pay on promotion to a post carrying duties and responsibilities of greater importance, of a Government Servant in case he opts for pay fixation from the Date of Next Increment (DNI) has been considered in this Department.

2. In this context, proviso under FR 22(I)(a)(1) inter-alia provides that the Government Servant (other than those appointed on deputation basis to ex-cadre post or on ad-hoc basis or on direct recruitment basis) shall have the option, to be exercised within one month from the date of promotion, to have the pay fixed under this rule from the date of such promotion or to have the pay fixed from the date of accrual of next increment in the scale of the pay in lower grade.

3. After due consideration in this matter, the President is pleased to decide as follows:

(i) FR 22(I)(a)(1) holds good with regard to availability of option clause for pay fixation, to a Government Servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity, who is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules,to another post carrying duties or responsibilities of greater importance than those attaching to the post held by him/her. Such Government Servant may opt to have his/her pay fixed from the Date of his/her Next Increment (either 1st July or 1st January, as the case may be) accruing in the Level of the post from which he/she is promoted, except in cases of appointment on deputation basis to an ex-cadre post or on direct recruitment basis or appointment/promotion on ad-hoc basis.

(ii) In case, consequent upon his/her promotion, the Government Servant opts to his/her pay fixed from the date of his/her next increment (either 1st July or 1st January, as the case may be) in the Level of the post from which Government Servant is promoted, then, from the date of promotion till his/her DNI, the Government Servant shall be placed at the next higher cell in the level of the post to which he/she is promoted.

(iii) Subsequently, on DNI in the level of the post to which Government Servant is promoted, his//her Pay will be re-fixed and two increments (one accrued on accoun tof annual increment and the second accrued on account of promotion) may be granted in the Level from which the Government Servant is promoted and he/she shall be placed, at a Cell equal to the figure so arrived, in the Level of the post to which he/she is promoted; and if no such Cell is available in the Level to which he/she is promoted, he/she shall be placed at the next higher Cell in that Level.

(iv) In such cases where Government Servant opts to have his/her pay fixed from the date of his/her next increment in the Level of the post from which he/she is promoted, the next increment as well as Date of Next Increment (DNI) will be regulated accordingly.

4. It is further reiterated that in order to enable the officials to exercise the option within the time limit prescribed, the option clause for pay fixation on promotion with effect from date of promotion/DNI shall invariably be incorporated in the promotion/appointment order so that there are no cases of delay in exercising the options due to administrative lapse.

5. In so far as their application to the employees belonging to the Indian Audit and Accounts Department is concerned, these orders issue in consultation with the Comptroller &Auditor General of India.

sd/-

(Pushpender Kumar)

Under Secretary to the Government of India

Authority: www.dopt.gov.in

Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016

Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016

No.12/2/2016-Estt.(Pay -I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 11th May, 2017

OFFICE MEMORANDUM

Subject: Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016.

The undersigned is directed to state that the method of fixation of pay of State Government employees on their appointment under the Central Government has been spelt out in this OM Department's OM No.12/1/94-Estt.(Pay-I) dated 24.3.1994, 3.1.1996, OM No.13/2/1999-Estt(Pay-I) dated 18.6.2001 and OM No.12/1/2009-Estt(Pay-I) dated 28.8.2014.

2. The question of fixation of pay in the revised pay structure in cases of appointment from State Government to Central Government consequent upon been implementation of Central Civil Services (Revised Pay) Rules, 2016, has considered in consultation with the Department of Expenditure and the President is pleased to decide that in cases of appointment of State Government employees in Central Government on or after 1.1.2016, pay will be fixed in the following manner:-

(a) Where the State Government has revised the Pay Scales/Grade Pays of their employees on the pattern of Seventh Central Pay Commission at the base index of 261.41 as per AlCPI (IW)2001 series w.e.f.  1.1.2016 , the pay of employees from such State Government on their appointment under the Central Government would be fixed as follows:

(i) When the appointment is to a post in higher Level, one increment shall be given in the Level from which the employee is appointed and he / she would be placed at a Cell equal to the figure so arrived at in the Level of the post to which appointed and if no such Cell is available in the Level to which he/she is appointed, he/ she would be placed at the next higher Cell in that higher Level. However, if the amount so arrived at after adding the increment in lower Level is less than the minimum pay or the first Cell in the higher Level, the pay shall be fixed at minimum pay or first Cell of the higher Level.

(ii) Where the appointment is to a post involving identical Level, the individual shall continue to draw the same pay.

(b) Where the State Government has revised the Pay scales/Grade Pays of their employees after 1.1.206 beyond the base index of 261.41 as per AICPI (IW) 2001 series, the basic pay of the employee is to be determined first in the Central Pay Matrix by reducing the element of DA, ADA, IR etc. granted by the State Government after 1.1.2016 beyond the base index of 261.41 as per AICPI (IW) 2001 series and thereafter the pay would be fixed as provided in the clause (i) and (ii) under sub-para (a) above.

(c) Where the State Government has either not revised or revised the pay scale of their employees on or after 1.1.2016 below the base index of 261.41 as per AICPI (IW) 2001 series, the basic pay of these employees shall be determined first in the Central Pay Matrix, by adding the element of DA, ADA upto the base index of 261.41 as per AICPI (IW) 2001 series, granted by the State Government and thereafter their pay would be fixed as provided in the clause (i) and (ii) under sub-para (a) above.

3. These orders are applicable to employees of the State Government and Local Bodies under the Sta te including Emergency Divisional Accountants/Divisional Accountants appointed under Central Government on or after 1.1.2016.

4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller 86 Auditor General of India.

5. Hindi version will follow.

(Pushpender Kumar)
Under Secretary to the Government of India

DoPT Order

DoPT Instruction regarding fixing of timelines for finalizing disciplinary proceedings

DoPT Instruction regarding fixing of timelines for finalizing disciplinary proceedings

F.No.11012/9/2016-Estt.A-III

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

North Block, New Delhi - 110001
Dated: 7 March, 2017

OFFICE MEMORANDUM

Subject: Amendment in Central Civil Services (Classification, Control & Appeal) Rules, 1965 regarding fixing of timelines for finalizing disciplinary proceedings - regarding.

The undersigned is directed to say that it has been proposed to amend the CCS(CC&A) Rules 1965 by introducing stringent timelines for completing Disciplinary proceedings in a time bound manner. The proposed draft Notification for amending CCS (CCA) Rules, 1965 is enclosed herewith. Before framing the Rules, all stakeholders, Ministries / Departments are requested to offer their comments/views, if any, in this regard at the e-mail address poulose.ev13.nic.in latest by 21st March, 2017.

(Poulose.E.V)
Under Secretary to the Govt. of India

Authority: www.dopt.gov.in

Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

No.25014/05/2016.AIS-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi - 110001
Dated the 17 January, 2017

To
The Chief Secretaries of all the
State Governments and UTs.

Subject: Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972.

Sir,
I am directed to refer to the Department of Pension and Pensioner Welfare's OM No.38/6/2010-P&PW(A)(Pt.) dated 18th March, 2013 (copy enclosed) regarding "Revision of Provisional pension.".

2. The applicability of the provisions of the aforesaid OM regarding grant of Provisional Pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972 has been considered by this Department and it has been decided to make the provisions of the aforesaid Office Memorandum of Department of Pension and Pensioner Welfare regarding "Revision of Provisional Pension" applicable, mutatis-mutandis, to the All India Service Pensioners to whom provisional pension was sanctioned under Rule 6 of All India Service (Death-Cum-Retirement-Benefits) Rules, 1958.

Yours faithfully,

(Rajesh Kumar Yadav)
Under Secretary of Government of India

Authority: http://dopt.gov.in/

Implementation of Revised Pay Rules 2016 for Defence Civilians

Implementation of Revised Pay Rules 2016 for Defence Civilians

Office of the Principal controller of Defence Accounts (Central Command)
Cariappa Road, Cantt., Lucknow – 226002

No.PT/3088/Pay Fixation/VIIth CPC

Dated: 10-08-2016

To,
The Officer -in- Charge,
———
Subject: Implementation of Revised Pay Rules 2016 for Defence Civilians.

As per OM No.1-5/2016-IC dated 29.07.2016, the payment of pay and Allowances for the month of August 2016 will be made in August 2016 along with the arrears of pay from 01.01.2016 till 31.07.2016.
In this connection, you may refer to the Gazette Notification notified by Govt. Of India dated 25.07.2016.
The units under your jurisdication may be advised to forward the following documents for pay fixation as per 7th CPC.

1. Statement of fixation of pay as per CCS(RP) Rules, 2016 duly filled in and signed by the competent authority.
2. Service Books along with previous approved pay fixation proforma and connected documents.
3. The service Book should be updated in all respects.
4. The service Book may be sent by enclosing an undertaking as prescribed in “Form of Option” under Rule 6 (2) of the CCS (RP) Rules 2016. The Overpayment, if any, made to the individual may be recovered from his future payments.

The contents of RPR-2016 may be got noted by each individual under your jurisdiction and also obtain a Certificate from all staff members for the same

Sd/-
S.A.O.
(Pay Tech.)

Source : http://pcdacc.gov.in/

Verification of qualifying service after 18 years service and 5 years service before retirement

Verification of qualifying service after 18 years service and 5 years service before retirement

RBE No : 83/2016

Government of India
Ministry of Railway
(Railway Board)

No. F(E)III/2008/PN1/13

New Delhi, Dated 11.07.2016

Subject: Verification of qualifying service after 18 years service and 5 years service before retirement

The provision regarding verification of qualifying service after 18 years service and 5 years service before retirement already exists in Rule 47 of Railway Service (pension) Rules, 1993. However, a copy of instruction issued by the Department of Pension and Pensioners’ Welfare (DOP & PW) vide their O.M No. 1/19/2013-P&PW (E) dated 16.09.2015 on the above subject is enclosed for information and compliance. The Rule 32 of CCS (pension) Rules mentioned in the said O.M. corresponds to Rule 47 of Railway Services (Pension) Rules, 1993.

2. Please acknowledge receipt.

Sd/-
(Sanjay Prashar)
Deputy Director, Finance (Estt.)III,
Railway Board

Source : NFIR

Central Government takes strict action against defaulting/non performing tax officers

Central Government takes strict action against defaulting/non performing tax officers

Press Information Bureau

Government of India

Ministry of Finance

05-May-2016 17:28 IST

Government takes strict action against defaulting/non performing tax officials/officers; For the First Time, 33 officials/officers including 7 Group ‘A’ officers prematurely retired for non-performance and 72 officers/officials including 6 Group ‘A’ Officers dismissed in other departmental / disciplinary actions in the last two years.

There is a general perception that no action is taken against the defaulting tax officials for their non performance as well as in case of harassing the tax assesses among others. The present Government has taken various steps to change this perception following the principle of good governance. After the present Government took over two years back, it has taken strict action against such revenue officers/officials in order to fix their accountability.

For the first time, 33 officers / officials of the Revenue Services, including seven Group ‘A’ officers, have been prematurely retired for non-performance under Rule 56(j) of CCS (Pension) Rules. Further, 72 officers / officials have been dismissed including six Group ‘A’ officers, in other departmental/ disciplinary actions in the last two years.

Central Civil Services (Leave Travel concession) Rules, 1988 – Reimbursement of rail fare on LTC in respect of children of 5-12 yrs age group

Central Civil Services (Leave Travel concession) Rules, 1988 – Reimbursement of rail fare on LTC in respect of children of 5-12 yrs age group

No. 31011/3/2016-Estt (A.IV)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment A-IV Desk

North Block, New Delhi-110 001

Dated: April 29, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Leave Travel concession) Rules, 1988 – Reimbursement of rail fare on LTC in respect of children of 5-12 yrs age group.- Clarification reg.

As per Railway Board’s circular No. 71 of 2015, Ministry of Railways have decided that in case of children above 5 years and under 12 years of age, for whom full berth/seat is sought at the time of reservation, full fare shall be charged. It is mentioned that if berth/seat is not sought for the children of age 5 years and under 12 years of age at the time of reservation, then half of the adult fare shall continue to be charged subject to minimum distance for charge. This would be effective for the travel w.e.f. 10.04.2016.

2. In this regard, several references have been received in this Department from various Ministries/ Departments seeking clarification as to whether the full fare charged by the Railways for reservation of berth for children between 5 years and 12 years shall be reimbursable while availing LTC facility.

3. The matter has been examined in consultation with Department of Expenditure, Ministry of Finance and it has been decided that for the family members of the Government servant, aged between 5 yrs and under 12 yrs, the actual rail fare shall be reimbursed for LTC, as per the choice of rail tickets purchased by the Government servant.

(Surya Narayan Jha)

Under Secretary to the Government of India

To
The Secretaries
All Ministries / Departments of Government of India.
(As per the standard list)

Circular Portal

Wrong Information by Central Government Pensioners to be Treated as Criminal Offence

Wrong Information by Central Government Pensioners to be Treated as Criminal Offence

If central government pensioners provide wrong information to the government, they shall face criminal cases.
Most high-ranking Central Government employees, after retirement, usually find employment in private sectors, and non-governmental organizations. If a former Central Government employee gets employed with a non-governmental organization, he/she is required to provide information about it to the Government.

While providing the information, the person has to ensure that the organization that he/she belongs to is not involved in activities that are contrary to the government’s foreign policies, national security, and goodwill in the society, or is involved in activities or campaigns that could disrupt them.

The person has to also ensure that the agency is not involved in activities that could earn commercial gains. Criminal action will be taken against the pensioner if he/she hides such information and gives false details to the government.

In addition to these, retired officials of the Central Government will also have to provide all the details of the organization that they are employed with, the reason for accepting the employment, their PAN card number, and information on the kind of activities that the organization is involved in.

The information was provided by sources at the Central Government Employees Welfare Department.

Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave

Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave
 

F.No.11013/8/2015-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
*******

 North Block, New Delhi — 110001
Dated June 29th, 2015

 OFFICE MEMORANDUM

 
Subject: Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave.

Undersigned is directed to say that a need for further streamlining the procedure for grant of permission for going abroad on private visit has been felt. A draft of instructions and the formats for grant of permission are attached. Comments/ views, if any, in this regard may be sent to the e-mail address mp.ramarao@nic.in latest by 10th July, 2015.

(M. P. Rama Rao)
Under Secretary to the Government of India
Tel: 23040264

Authority: www.persmin.gov.in

Disciplinary action may be taken against Central Government Employees who are habitual late attendance – Dopt Orders on 22.6.2015

Disciplinary action may be taken against Central Government Employees who are habitual late attendance – Dopt Orders on 22.6.2015

Dopt once again issued orders on the subject of punctuality in Government Offices. The order is directed to take disciplinary action against Central Government employees who are habitual late attendance.

Observance of punctuality in Government Offices – Dopt Orders

G.I., Dept. of Per.& Trg., O.M.No.11013/9/2014-Estt.A-III, dated 22.6.2015

Subject: Observance of punctuality in Government Offices.

Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.

2. The decision to introduce AADHAR enabled Bio-metric Attendance System (AEBAS) in Central Government offices, including attached/ sub-ordinate offices, to replace the manual system of marking of attendance to ensure punctuality is to be implemented in all Ministries/ Departments. This Department vide O.M. of even no. dated 21.11.2014 and 28.01.2015, while recognizing that the Biometric Attendance System is only an enabling platform had, inter-alia, stated that there was no change in the instructions relating to office hours, late attendance etc.

3. In this connection attention is invited to Rule 3(1)(ii) of CCS (Conduct) Rules, 1964 which stipulates that every Government servant shall at all times maintain devotion to duty. Habitual late attendance is viewed as conduct unbecoming of a Government servant and disciplinary action may be taken against such a Government servant. It is also added that punctuality in attendance is to be observed by Government servants at all levels.

4. It is also requested that the necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.

Click to view the original order

Authority: www.persmin.gov.i

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

G.I., Dep. of Per. & Trg.,
O.M.F. No.11012/3/2015-Estt.A-III,
dated 18.2.2015

Subject: Importance of following the due process in disciplinary proceedings – regarding

This Department has been emphasising the necessity of conforming with the procedures prescribed in the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] while dealing with the disciplinary proceedings conducted in Ministries/ Departments. Many a times the Hon’ble Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case. This issue was highlighted recently in the judgement of the Hon’ble Supreme Court in the B. V. Gopinath case in SLP No. 6348/2011.

2. Procedural lapses have also been noticed in a few cases referred to this Department for advice. Two areas where procedural lapses are frequently noticed are: (i) not following the procedure prescribed in Rule 14(18) of CCS (CCA) Rules, 1965 while conducting the disciplinary inquiry; and (ii) not following the procedures laid down in Rule 9 of CCS(Pension) Rules, 1972 in the case of proceedings against retired Government servants.

3. Rule 14(18) of CCS (CCA) Rules, 1965, provides that, “the inquiring authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the evidence against him.”. This is a formal action required to be taken by the inquiry officer before closing the inquiry. It has been seen that many a times this is not formally recorded and the inquiry gets vitiated. It is imperative that the inquiry is conducted strictly in accordance with the procedures prescribed.

4. Attention is also invited to Rule 9 of the Central Civil Services (Pension) Rules, 1972, while lays down that the departmental proceedings, if instituted while the Government servant was in service, whether before his/her retirement or during his re-employment, shall, after his/her final retirement, be deemed to be proceedings under the rule and shall be continued and concluded by the authority which commenced them, in the same manner as if the Government servant had continued in service. This rule also stipulates that where the departmental proceeding is instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.

5. All Ministries / Departments are requested to please bring to the attention of all concerned the necessity of conforming to the procedures prescribed for conducting departmental proceedings.

6. In this regard, attention is also invited to the ISTM publication ‘Handbook for Inquiry Officers & Disciplinary Authorities, 2013′, which can be used as a reference guide in such matters. The Handbook may be accessed under ‘Publications/Reports’ on this Department’s website: http://persrnin.nic.in/DOPT.asp.

Source:  www.persmin.gov.in

Dopt orders Feb 2015: Submission of declaration of assets and liabilities by the public servants for each year

Submission of declaration of assets and liabilities by the public servants for each year – Dopt orders Feb 2015

G.I., Dep. of Per. & Trg.,
O.M.F. No. 11013/3/2014-Estt.(A),
dated 17.2.2015

Subject: Central Civil Services (Conduct) Rules, 1964 and The Lokpal and Lokayuktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants for each year — regarding

The undersigned is directed to refer to this Department’ OM of even no. dated /16.01.2015 clarifying the provisions relating to submission of declaration of assets and liabilities by the public servants. As per this clarification, all Government Servants have been advised that:

(i) The annual Immovable Property Return (IPR), as on 31.12.2014, under the existing CCS(Conduct) Rules, 1964 is required to be filed on or before 31.01.2015;

(ii) The first return under the Lokpal and Lokayuktas Act, 2013 (as on 01.08.2014) should be filed on or before 30.04.2015; and

(iii) The next annual return under the Lokpal and Lokayuktas Act, 2013, for the year ending 31.03.2015, should be filed on or before 31.07.2015.

2. The Secretaries of all Ministries/ Departments have also been requested that all concerned may be suitably advised to file the IPRs and the return under the Lokpal Act as per the dates indicated above. A compliance report in respect of the IPRs filed by Group ‘A’ Officers of the Central Civil Services, as on 31.01.2015, has also been requested by 30.04.2015. It has also been requested that similar action may be taken by the authorities controlling services not covered by the Central Civil Services (Conduct) Rules, 1964.

3. In this regard it has been directed that all preparatory steps for the purpose of filing returns under the Lokpal and Lokayuktas Act, 2013, be put in place. An online system for filling the annual declarations of assets and liabilities by the public servants, as in PRISM (Property Related Information System) for IAS officers developed by NIC, may be adopted.

4. The Cadre Controlling Authorities are accordingly requested to please take immediate steps for putting in place all preparatory steps.

5. Hindi version will follow.

Source: www.persmin.gov.in

TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972

TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972 

TYPES OF LEAVE ADMISSIBLE

• Casual Leave
• Earned Leave
• Half Pay Leave
• Commuted Leave
• Leave Not Due
• Extra-ordinary Leave
• Study Leave
• Hospital Leave
• Special Disability Leave
• Maternity Leave
• Paternity Leave
• Child care Leave

General Conditions:- Leave

• Leave – no claim as a right;
• Can be refused/ revoked;
• Kind of leave applied can not be altered by sanctioning authority;
• Commutation of leave within 30 days;
• Can not be granted for more than 5 years at a stretch;
• Prefix / Suffix – Sundays/holidays;
• MC : Govt servants – from AMA/CGHS Dispensary;
• MC: NGOs – from RMP;
• Period of over-stayal debited as HPL with no pay/allowances;
• Disc. Action on willful absence from duty after expiry of leave.

Casual Leave

• Not a recognised form ;
• Can be combined with special CL / vacation only;
• Sundays/holidays falling during a period of CL not counted;
• Sundays / holidays / restricted holidays can be prefixed/suffixed;
• Can be availed for half a day;
• Total 08 days admissible in a calendar year;
• Normally more than 5 days at a time not allowed;
• Joining in middle of year-proportionately or full – at the discretion.

Earn Leave

• 15 days on 1st January/July in advance;
• Credit reduced @ 1/10th of EOL& Dies non in previous half year;
• Rounding – fraction;
• Accumulation up to 300+15 days;
• Fresh appointment , Retirement /removal / dismissal / death in middle of half year – @ 2½ days per completed month;
• 180 days maximum can be availed at a time, exception
• Unavailed joining time credited in EL account.
• Encashment of E.L. during LTC (10 Days ) / On retirement ( Max 300 days)

Half Pay Leave

• 10 days on 1st January/July in advance;
• Credit reduced @ 1/18th of Dies non;
• Rounding – fraction;
• Accumulation – No limit;
• Fresh appointment – @ 5/3 days p.m.;
• Retirement /removal / dismissal / death in middle of half year
• Temp. Employee – grant subject to his return to duty;
• Can be on MC/without MC;
• On MC- Comm. Leave on full pay if applied for.

Commuted Leave

• Not exceeding half of HPL balance on medical certificate;
• up to 90 days during entire service –w/o MC for an approved course of study certified to be in public interest;
• up to 60 days to a female G.S. with less than 02 living children, on adoption of a child less than one year old;
• up to 60 days to a female G.S. w/o MC in continuation of maternity leave;
• Granted only if reasonable prospects of the G.S. returning to duty on its expiry.
• If quits service- period treated as HPL;
• If quits on ill health/death – No recovery.

Leave not due

• To permanent GS with no HPL at credit;
• Only on MC;
• Limited to HPL – G.S. likely to earn in remaining service period;
• Debited in HPL a/c;
• Temp. GS with min. 01 year of service – suffering from TB, Cancer or Mental illness can be granted .
• Not granted as LPR.

Leave not due-Exception

• To female GS w/o MC – in continuation of maternity leave;
• To female GS w/o MC – on adoption of a child less than one year old.
• Max. 360 days during entire service .

Leave Not Due [LND]

• Cancelled if GS does not return to duty – L.S. recovered;
• L.S. not to be recovered :
- if resigns due to ill- health incapacitating him for further service,
- if retired prematurely,
- in the event of death.

Extra Ordinary Leave (EOL)

• When no Other leave is admissible; or
• When Other leave admissible, but Govt. servant applies for EOL;
Subject to maximum leave period of 05 years, EOL can be granted to a permanent Govt. servant up to any limit

For temporary officials: -
- Up to 03 months with or w/o MC;
• with a minimum of 01 year’s service- – up to 06 months with MC for common ailments;
- Up to 18 months with MC for cancer, mental illness, pulmonary TB or Pleurisy of Tubercular origine;
• With three or more year’s service
- up to 24 months where the leave is required for studies certified to be in public interest.

Maternity Leave- Female Employees

• Admissible to married/unmarried female G.S.; – Pregnancy: 135 days;
- Miscarriage / abortion: total 45 days in the entire service.
• Leave is not debited to leave account.
• It is granted on full pay.
• It may be combined with leave of any other kind.
• Any kind of leave (i/c 60 days of Comm. Leave/LND w/o MC) up to one year can be sanctioned in continuation of Maternity Leave;
• Not admissible for ‘threatened abortion’

Paternity Leave-Male Govt. Servant

• To male Govt. servant with less than two surviving children.
• It is not debited in leave account.
Leave salary equal to last pay drawn is admissible

 
Study Leave

• Five year’s service (I/c period on probation)
• For higher studies/specialized training in a professional/technical subject capable of widening his mind in a manner likely to improve his ability as a civil servant;
• Study leave can be :
- Granted for maximum 24 months in the entire service and may be granted at a stretch or in different spells;
- not debited to the leave account;
- Requisite Bonds in the prescribed forms are required to be executed
• Finance Ministry’s agreement for release of foreign exchange is necessary for study leave outside India;

• Leave Salary:
- Pay plus DA, HRA, CCA & study allowance admissible outside India;
- No study allowance admissible for course in India.

Special Disability Leave

• When disabled by injury intentionally inflicted or caused in due performance of official duties;
• When disabled by illness incurred in performance of any duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attached to civil post;
• Period of leave to be certified by AMA;
• Maximum 24 months;
• Not be debited to the leave account;
• First 120 days on full pay , after that on HPL;
• Period counts for pension.

Hospital Leave

• Gr ‘C’ whose duties involve handling of dangerous machinery, explosive material, poisonous drugs or performance of hazardous tasks; and
• Gr ‘D’ while under treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duties.
• Certificate of AMA necessary;
• Period of leave considered necessary by authority;
• Total period combined with any other kind not exceeding 28 months;
• Not be debited to the leave account;
• First 120 days on full pay , after that on HPL.
• Period counts for pension.

Child Care Leave

Who are entitled for Child Care Leave?
• Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older.
• Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate)
• No. CCL is not applicable to third Child.
• The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.
• No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.

Source: Central Government News
[http://www.centralgovernmentnews.com/types-of-leave-admissible-leave-rules-ccs-leave-rules-1972/]