Showing posts with label Disciplinary Proceedings. Show all posts
Showing posts with label Disciplinary Proceedings. Show all posts

Minister explained in Parliament to a question regarding suspension under Rule 10 of CCS (CCA) Rules, 1965

Minister explained in Parliament to a question regarding suspension under Rule 10 of CCS (CCA) Rules, 1965

Charge Sheeted to Government servant…

   While answering to a question in Parliament the Minister of DOPT Shri V.Narayanasamy said that as per Rule 10 of CCS (CCA) Rules, 1965 the appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-

Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases — reg.

No. 425/04/2012-AVD-IV(A)
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

North Block, New Delhi
29th November, 2012

 
OFFICE MEMORANDUM

 
Subject:-  Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases — reg.

   Instructions have been issued in the past for expeditious disposal of disciplinary proceedings against delinquent government servants. However, it has been observed that disciplinary proceedings are generally taking a long time which defeats the very purpose of initiating the said proceedings. Therefore, it has been considered necessary to issue the following guidelines for monitoring and expeditious disposal of disciplinary proceedings:-

   I. There are a number of instances where the Courts have set aside the order of penalty due to inordinate delay in initiating action. Therefore, it has to be ensured that disciplinary proceedings are initiated without undue delay.

   II. The Administrative Department/Competent Authority should study the allegations more 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.

Comprehensive review of instructions pertaining to vigilance clearance for promotion-regarding.

F.No.22034/4/2012 -Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi,
Dated the 2nd November, 2012.

OFFICE MEMORANDUM

Subject : - Comprehensive review of instructions pertaining to vigilance clearance for promotion-regarding.

   Instructions issued vide O.M. No. 22012/1/99-Estt. (D) dated 25.10.2004 based on the O.M. No. 22011/4/1991-Estt. (A) dated 14.09.1992 (issued on the basis of procedure laid down by Supreme Court in K.V. Jankiraman case AIR 1991 SC 2010) makes it clear that vigilance clearance for promotion may be denied only in the following three circumstances:-

(i) Government servants under suspension;
(ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and
(iii) Government servants in respect of whom prosecution for a criminal charge is pending.

   Withholding of vigilance clearance to a Government servant who is not under suspension or who has not been issued a chargesheet and the disciplinary proceedings are pending or against whom prosecution for criminal charge is not pending may not be legally tenable in view of the procedure laid down in the aforesaid O.Ms.