GUIDELINES REGARDING EXPEDITIOUS DISPOSAL OF DISCIPLINARY CASES

“Inordinate delay in finalization of disciplinary cases is a matter of serious concern. The very purpose of the timely finalization of the disciplinary proceedings is to ensure that the delinquent Officials neither get undue benefit due to long pending cases nor subjected to undue harassment if not found guilty at later stage.”

Office of the Controller General of Defence Accounts
Ulan Satar Road, Palam, Delhi Cantt 110010

No. AN/XIII/13006/Vol-XXI

Dated 26.07.2019

To
The PCsDA/CsDA
(Through website)

Subject: Guidelines regarding expeditious disposal of Disciplinary Cases.

Of late, it has been observed that the finalization of the disciplinary proceedings initiated against Officers and staff of the department are getting delayed on various counts, which defeats the very purpose of initiating the said proceedings.

Inordinate delay in finalization of disciplinary cases is a matter of serious concern. The very purpose of the timely finalization of the disciplinary proceedings is to ensure that the delinquent Officials neither get undue benefit due to long pending cases nor subjected to undue harassment if not found guilty at later stage.

2. Besides adherence to rules, regulations, orders, guidelines regarding timely completion of the disciplinary proceedings, the following points may also be kept in mind while processing disciplinary cases so as to ensure early finalization of the disciplinary proceedings.

Check more updates on CCS (Conduct) Rules

(i) Initiation of the proceedings: The Competent Authority should study the allegations very carefully and resort to minor penalty proceedings instead of initiating major penalty proceedings, where the circumstances involve minor infringements or cases of procedural irregularities.

It has to be kept in mind that a minor penalty swiftly but judiciously imposed by a Disciplinary Authority is much more effective than a major penalty imposed after years spent on a protracted enquiry.

(ii) Memorandum of charges: Consequent to decision of the disciplinary authority to initiate major or minor penalty proceedings against delinquent Officials, the chargesheet / memorandum of charges should be issued expeditiously to the charged officer.

In cases where the chargesheet is to be issued by the CGDA, the draft articles of charges along with all the connected documents and full facts of the case should be forwarded to HQrs Office at the earliest.

(iii) Drafting of Charge Sheet: The charge sheet should be drafted with utmost accuracy and precision, based on the facts revealed during the investigation or otherwise and the misconduct involved.

It should be ensured that no relevant material is left out and at the same time no irrelevant material or witnesses are included.

(iv) Written statement of Defence: At times, there is undue delay due to repeated requests of the charged officer for time to give his written statement in reply to the charge sheet.

As per existing instructions, the charged officer is allowed 10 days to submit his written statement. The charged officer may be allowed 3-4 days absence by the Controlling Officer for preparing his written statement in such cases, no extension of time should be allowed beyond the stipulated period of 10 days.

(v) Providing copy of documents relied upon to the charged officer: As far as possible, copies of all the documents relied upon and the statements of witnesses cited on behalf of the Disciplinary Authority should be supplied to the Government servant along with the charge sheet, so that the time taken by the charged officer to submit his written statement of defense is minimized.

(vi) Appointment of IO and PO: The orders regarding appointment of Inquiring Authority and Presenting Officer should be issued immediately after receipt and consideration of written statement of defence by the charged officer to inquire into such of the article of charges as are not admitted or the disciplinary authority considers it necessary to do so.

(vii) Inquiry by retired government officers: A panel of IO from retired government officers may also be kept ready which may be used when no serving government servant is available for appointment as IO.
However, terms and condition for appointing retired officer as Inquiring authority as stipulated by the CVC and the DOPT on the subject from time to time may strictly be adhered to.

(viii) Inquiry by departmental officer: Wherever a Departmental officer is appointed as the IO in Departmental Proceedings, the officer concerned may be relieved from his normal duties for a period up to 20 days in two spells during which he should complete the inquiry and submit the report.

During this period so allowed, he will attend to the inquiry on full time basis. These time spells may depend on the need and the feasibility of conducting full-time hearings on a day to day basis.

(ix) Inquiry Proceedings: At times, procedural infirmities in inquiry proceedings viz. the Charged Officer has not afforded reasonable opportunity for his defence, Inquiring Authority does not generally questioned the CO as per provisions of Rule 14 (18) of the CCS (CCA) Rules, 1965 etc, which resulted in remitting the case back for further inquiry.

Therefore, the procedure laid down in Rule 14 of the CCS (CC&A) Rules, 1965 and GOI instruction below thereon may strictly be adhered to avoid any infirmity in departmental inquiry at any stage.

(x) Adhering timeline in inquiry proceedings by the Inquiring Authority: Attention is invited to clause (a), (b) and (c) of sub-rule 24 of Rule 14 of the CCS (CCA) Rules, 1965 inserted vide DOPT Notification vide GSR 548 (E) dated 2nd June, 2017 , which stipulates that:

a) The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority.

b) Where it is not possible to adhere to the time limit specified in clause (a), the Inquiring Authority may record the reasons and seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the Inquiry, at a time.

c) The extension for a period not exceeding six months at a time may be allowed for any good and sufficient reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorized by the Disciplinary Authority on his behalf.

(xi) Submission of Inquiry Report: On conclusion of the inquiry proceedings the Inquiring authority shall prepare its report as stipulated in sub-rule 23 of Rule 14 of the CCS (CCA) Rules, 1965 and forward the same along with records of inquiry to the disciplinary authority.

(xii) Providing copy of Inquiry Report to the charged officer by the Disciplinary Authority: A copy of the inquiry report along with reasons for disagreement of the Disciplinary Authority on it, if any, should be provided to the Charged Officer within 15 days from the date of receipt of Inquiry Report.

(xiii) Representation of the charged officer on findings of the Inquiring authority: The Charged Officer may be allowed 15 days to submit, if he so desires, his written representation or submission to the disciplinary authority irrespective of whether the report is favourable or not to the government servant .

(xiv) Penalty Order: If the disciplinary authority having regard to findings of the Inquiring authority, representation of the charged officer and all relevant aspects of the case is of the opinion to impose any of the penalties specified in Rule 11 of the CCS (CCA) Rules 1965 or decided to drop the charges, the case requires to be brought to logical conclusion by issuing a formal order.

Therefore, a self contained, speaking and reasoned Order to be passed and issued over the signature of prescribed Disciplinary Authority.

3. The infirmities in departmental inquiry may leads to un-avoidable delay in finalization of disciplinary proceedings . Therefore, the procedure laid down under CCS (CC&A) Rules, 1965, Vigilance Manual and other Government instruction, guidelines issued on the subject from time to time may strictly be adhered to.

4. It is requested that the disciplinary cases may effectively be monitored and prescribed time-limits should be strictly adhered to, for expeditious finalization of disciplinary proceedings.

sd/-
(Rajeev Ranjan Kumar)
Dy. CGDA (Admin)

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Employment on the basis of false/fake caste certificates

EMPLOYMENT ON THE BASIS OF FAKE CASTE CERTIFICATES

Complaints are received from time to time regarding employment in Government Ministries/Departments on the basis of false/fake caste certificates, which are normally forwarded to the concerned Ministries/Departments for appropriate action.

Department of Personnel and Training’s Office Memorandum of 19.5.1993 provides that wherever it is found that a Government servant, who was not qualified or was ineligible in terms of the recruitment rules etc., for initial recruitment in service, or had furnished false information, or produced a false certificate in order to secure appointment, should not be retained in service. If she/he is a probationer or a temporary Government servant, she/he should be discharged or her/his services should be terminated. If she/he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 be held and if the charges are proved, the Government servant should be removed or dismissed from service.

The Government had undertaken an exercise to collect information about appointments secured on the basis of false/ fake certificates in the year 2018. In February 2018, Ministries/Departments were requested to collect information about appointments made on the basis of fake/ false caste certificates and follow up action taken thereon.

As per the information received, more than 700 cases of fake/false caste certificates have been reported by the Ministries/Departments, including in its attached and subordinate offices.

Out of these, in 68 cases, employees have reportedly been dismissed/terminated from service by the concerned cadre controlling authorities.

• Fake/ False caste certificates and follow up action taken – Dopt orders
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• Verification of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services – Dopt Orders
• Verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment
• Frequent asked questions (FAQs) on the issue of residence/domicile and caste/tribe certificates

Fixation of Pay – Clarification Note issued by MOD (Finance)

“The option for fixation of pay in the revised pay structure after the date of notification of CCS(RP) Rules 2016 cannot be exercised.”

Government of India Ministry of Finance Department of Expenditure (E.II.A Branch)

Referee: Notes at p.9-10/n of Ministry of Defence (Finance) in its File No.12012/2/2016-AG/PB read with notes at p 4-5/n in File No.2(2)/2017-D(Civ.I)

MoD (Finace) may please refer to their notes at p.9-10/n in File No.12012/2/2016-AG/PB seeking clarification of this Department as to exercising of option for fixation of pay by the Government Servants in 6th CPC Pay Structure till their promotion which falls after the date of notification of CCS(RP) Rules 2016 (i.e. 25.7.2016).

2. The above matter has been examined in this Department. It is clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS(RP) Rules 2016 cannot be exercised, as Rule 5 of the said Rules provides for option only for promotion taking place upto 25.07.2016 (Date of Notification of the said Rule).

3. This issues with the approval of Joint Secretary (Personnel).

sd/- (Ashok Kumar) Under Secretary (E.III.A) 19.03.2018

Exercising of Option for Fixation of Pay – Finmin Clarification

Implementation of CCS (RP) Rules 2016-Exercising of option for fixation of pay

Ministry of Defence Department of Defence D(Civ I)

Subject: Implementation of CCS (RP) Rules, 2016 – Exercising of option for fixation of pay

This is regarding exercising of option for fixation of pay in the revised pay structure in terms of following provisions of CCS (RP) Rules, 2016:

Para 5 Save as otherwise provided in these rules, a Governments servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed.

Provisio 1: Provided that 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 increments the existing pay structure or until he vacats his post or ceases to draw pay in the existing pay structure.

Provisio 2: Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, the Government servant may elect switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.

2. Regarding the aforesaid provision, clarification was sought from Ministry of Finance/Dept. of Expenditure on the issue of exercising of option for fixation of pay by the government servants in 6th CPC Pay Structure till their promotion which falls after the date of notification of CCS (RP) Rules, 2016 (i.e. 25.07.2016).

3. Now, MoF(DoE) have issued clarification dated 19.03.2018 (copy enclosed) wherein it has been clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS (RP) Rules, 2016 i.e. 25.07.2016 cannot be exercised as Rule 5 of the said Rules provided for option only for promotion taking place upto 25.07.2016 (date of notification of the said Rules)

4. The clarification guidelines mentioned in para 3 above may please be adhered to.

sd/- (Pawan Kumar) Under Secretary

Click To View Order

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• Exercising of Option for Fixation of Pay – MoD Orders
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• 7th CPC Option Anomaly : Non Grant of Option for Pay Fixation in Revised Pay
• Clarification on Promotion in Pre-Revised Pay Between 1.1.20016 and the date of notification – MoD Orders

Pay Fixation in the Case of Persons Other han Such Direct Recruits.

Kendriya Vidyalaya Sangathan
18, Institutional Area
Shaheed Jeet Singh Marg
New Delhi – 16

F.No.1 10239/52/2018/KVS (HQ)/Budget

Dated: 29.10.2018

Deputy Commissioner/Director
Kendriya Vidyalaya Sangathan
All Regional Offices and ZIETs

Sub: Central Civil Services(Revised Pay) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule thereto – entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

Madam/Sir,

I am directed to refer to MHRD letter No.F.3-6/2018-UT.2 dated 23rd Oct,2018(copy enclosed) on the subject mentioned above and to forward herewith a copy Of Department of Expenditure’s O.M.No.8-23/2017-E.IIIA dated 28.9.2018 conveying therein the decision of the Government of India on the matter of grant of entry pay to employees who had joined prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006, turns out to be lower than the prescribed entry pay for direct recruits of that post.

You are therefore requsted to examine and decide such cases of pay anomalies in light of the aforementioned decision conveyed by the Department of Expenditure. It is also advised that the action taken in this regard may be brought to the notice of the Hon’ble Tribunals/Courts where such matters are presently sub-judice, so that these cases may be disposed of at the earliest.

sd/-
(Sanjay Kumar)
Asstt. Commissioner (Fin)

Souce: http://kvsangathan.nic.in

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Stepping up of Pay-Consolidated guidelines – Dopt Issued Orders on 26.10.2018

No.4/3/20 17-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated the 26th October, 2018

OFFICE MEMORANDUM

Subject:- Stepping up of pay-Consolidated guidelines-reg.

The undersigned is directed to say that the issue of anomaly relating to senior Government employees drawing less pay than their juniors due to application of provisions of FR 22(I)(a)(1) is considered on merits for allowing stepping up pay of the seniors so as to bring it at par with that of the junior in accordance with the guidelines scattered in various OMs noted in the margin. A need has been felt to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016, [in short CCS(RP)Rules, 2016] as the frequent references on such issues continue to be received in this Department.

2. Consequent upon implementation of CCS(RP)Rules, 2016, the President is pleased to decide the following:

(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after 1-1-2016 drawing lower pay in that post than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the pay of the senior Government servant in the higher post should be stepped up to a figure equal to the pay as fixed for the junior Government servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior Government servant and will be subject to the following conditions, namely:

(a) both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the Level in the Pay Matrix of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For example, if the junior officer was drawing
more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this subrule should not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

3. The following instances/events wherein juniors draw more pay than seniors, do not constitute anomaly and, therefore, stepping up of pay will not be admissible in such events:

(a) Where a senior proceeds on Extra Ordinary Leave which results in postponement of his Date of Next Increment in the lower post and consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade than his junior(s);

(b) If a senior forgoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier and the junior draws higher pay than the senior.

(c) If the senior is on deputation while junior avails of the ad-hoc promotion in the cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or regular promotion following such adhoc promotion in the higher posts vis-à-vis senior, is not an anomaly in strict sense of the term;

(d) If a senior joins the higher post later than the junior, for whatsoever reasons, whereby he starts drawing less pay than the junior. In
such cases, senior cannot claim stepping up of pay at par with that
of his junior.
(e) If a senior is appointed later than the junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post if he draws less pay than his junior though he may have been promoted earlier to the higher post.

(f) Where an employee is promoted from lower post to a higher post, his pay is fixed with reference to the pay drawn by him in the lower post under FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer length of service in the lower grade, his pay may get fixed at a higher stage than that of a senior direct recruit appointed to the same higher grade and whose pay is fixed under different set of rules. For example a Senior Secretariat Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO) gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level, applicable to ASO to which he is appointed. In such a case, the senior ASO (DR) cannot claim pay parity with that of the promotee junior ASO.

(g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less pay than his junior who is appointed in the same cadre and in same post on ad-hoc basis subsequently, the senior cannot claim pay parity with reference to the pay of that junior since the ad-hoc officiating service in higher post is reversible and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc promotion but only on regular promotion following such ad-hoc promotion without break.

(h) Where a junior gets more pay due to additional increments earned on acquiring higher qualifications.

Note: The above instances/events are only illustrative and not exhaustive.

4. These orders shall be in supersession of D/o Expenditure’s OM No.F.2(78)-E.III(A)63 dated 2nd February, 1966 and DOP&T’s OM No.4/7/92-Estt(Pay-I) dated 4th November, 1993.

5. This OM is effective from 0 1.01.2016.

6 In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.

7 Hindi version will follow.

sd/-
(Rajeev Bahree)
Under Secretary to the Government of India.

View order

Source: https://dopt.gov.in/

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