G.I., Dept. of Per. & Trg., O.M. No.F.No. 41017/2/2015-Estt.A, dated 9.3.2015

Subject: Implementation of Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011 in the matter of Shri T.S. R. Subramanian & Others vs. UOI & Others — Parliament Assurance in Rajya Sabha Unstarred Q. No.988, answered on 17.07.2014, on ‘Amendment in Rule 3(3) of All India Service (Conduct) Rules’ — regarding.

The undersigned is directed to state that in reply to part (b) of the above Rajya Sabha Unstarred Q. No. 988 for 17/07/2014, the Parliament was, inter-alia, informed that ‘the directions of the Hon’ble Supreme Court in the PIL filed by Shri T.S.R. Subramanian and others were brought to the notice of the various Ministries / Departments who are the Cadre Controlling Authorities of the Central Civil Services for compliance’. This part of the reply has been treated as an Assurance.

2. It may please be recalled that, following the Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011, the Ministries / Departments were requested to take steps for implementation of the judgement. In view of the above Parliament Assurance, all Ministries / Departments are requested to please send a line in confirmation of the implementation of the above judgement in respect of the Cadre(s) under their administrative control by 20.03.2015 so that the Assurance can be fulfilled. The Cadre(s) under the administrative control may also please be indicated for records.

3. The Ministries / Departments, which are not Cadre Controlling Authorities for any cadre, may also kindly send a communication in this regard for the records of this Department.

Click here to view the Rajya Sabha Q & A on 17.7.2014

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NEW DELHI: In what could bring relief to nearly five million Central government employees, the Narendra Modi government has decided to amend the Lokpal and the Lokayukta Act to give itself a statutory power to withhold certain information from the public.

All Central staff, as per the latest order of the Department of Personnel and Training (DoPT), have to declare their assets and liabilities, both movable and immovable, as well as those of their spouses and dependents latest by September 15. All these information would then be put up by the respective ministries on their website accessible to everyone.

A number of representations received by the government from officials expressed fear that putting details of movable assets such as jewellery and cash in hand and bank would pose a security threat to them and their dependents, leave their children vulnerable to kidnapping and ransom demands. For instance, an official said he has put all savings in general provident fund which has accumulated to Rs 75 lakhs over a period of time. Putting this information in the public domain would leave him and his family members vulnerable.

Sources said the amendments proposed only gives the government the statutory power to withhold information related to officials’ movable assets only, such as his cash in hand or bank and jewellery owned by him or his family members. The government will not be empowered to hold back information on immovable assets: house or land owned by him.

The amendment also makes it clear that it will have no impact on the current asset declaration guidelines. The officials will have to continue declaring all their assets – movable and immovable as per the previous directive. Only difference the proposed amendment will make is to ensure certain information is not made public.

The DoPT is working on the proposed amendment and has already taken a view from the law ministry to bring in the required changes. Any fresh amendment will not impact the current declaration deadline of September 15 which is applicable for all employees.

Once these declarations are received by the government, it is for the respective ministries to put them up on its website accessible to all, except those related to the movable assets for which an amendment is required to implement it.

Source: Times of India

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The Delhi High Court has imposed an interim ban on one of the conditions of the Lokpal Act, which stipulates that in addition to the details of the properties owned by himself/herself, the Central Government employee must also submit information about the properties and assets owned by the spouse and children.

Since 2011, it has been made compulsory for higher officials to submit annual reports containing details of the immovable properties owned by them. But, now it was ordered as per the Lokpal Act, that all Central Government employees (Group A, B, and C) must submit the details of their properties and liabilities on or before September 15. The deadline has now been extended to 15th December 2014. And, collecting of these informations would be then be put up by the respective ministries on their website.

Along with information of properties possessed by them, Central Government employees will also have to submit details of the properties owned by their spouses and children. The rule is applicable to male and female Central Government employees.

Details that have to be presented by the Central Government employee, regarding properties owned by him, his spouse and children include –
Liquid cash
Cash in savings accounts and all other deposits
Investments in bonds, debentures and mutual funds
Investments in Post Office Monthly Income Schemes, and insurance plans
Details of investments in new pension investment schemes
Motor vehicle registration numbers and value
Jewellery, gold and other precious metals (details of the weights)
Details of the immovable properties (plot/house/flat/commercial establishment/industry, etc.)
Details of debts and liabilities (of self/spouse’s/children’s)

Meanwhile, opposition to this order issued by the Centre continues to grow. A petition was presented at the Delhi High Court praying for revoking the order, stating that it was wrong on the part of the Government to demand details of the properties owned by the spouses and children of the Central Government employees.

After examining the petition, Justices Raghavendra Bhatt and Vipin Singh, of the Delhi High Court have issued a conditional interim stay on the orders demanding information on the properties owned by the spouses and children of the Central Government employees.

Final orders will be issued in the month of November. Until then, the interim ban is applicable to all the Central Government employees.

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