Departmental proceedings against Government Servants – consultation with UPSC

Departmental proceedings against Government Servants – consultation with UPSC

No. 39011/12/2009-Estt (B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
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New Delhi, dated the 16th November, 2010

OFFICE MEMORANDUM

Subject: Departmental proceedings against Government Servants – consultation with the Union Public Service Commission for advice.

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The undersigned is directed to say that the existing instructions issued by this Department provide that the disciplinary proceedings taken against Government servants should be processed and completed expeditiously. Occasionally, the charged officers approach the Courts to quash the disciplinary proceedings and in many such cases the courts give direction to the Government to complete the proceedings within a time limit prescribed by the court. In certain instances the Government seeks further time from the court and in certain other instances, the petitioners file contempt petitions for not having completed the proceedings as per the court orders. In many of such cases , the UPSC has to be consulted as per the existing regulations, before the final orders are issued.

The UPSC has brought to the notice of this Department that In the above cases, some Ministries / Departments have stated in the affidavit flied before the Court that the matter has been pending with the UPSC and the delay in completing the proceedings was due to the delay In result of advice from the UPSC although such canes had been returned by the Commission to the Administrative Ministry to rectify the deficiencies noted by it In this connection, attention of Mlnlstrles/ Departments Is drawn to this Department’s OM of even number dated 10.5.2010 and 14.9.2010 In which it has been reiterated that the Commission generally takes 3-4 months to render its advice matter the complete case record8 have been received by the Commission and that the Ministries / Department should ensure that the prescribed proforma for mending the case records to the UPSC filled with due care and attention to avoid any back reference by the Commlaelon to rectify the deficiencies.

A case may not be taken as delayed on the part of UPSC If the Commission has returned the same to the Administrative ministry to remove deficiencies.

All Ministries / Department. are requested that In cases where the Courts are being apprised the time taken in finalizing a disciplinary proceeding through affidavit, information In regard to the pendency of the matter before the Union Public Service Commission may be correctly projected.

CA Subramanyan
Director

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Departmental proceedings against Government Servants Consultation with the Union Public Service Commission for advice

MOST IMMEDIATE

NO. 39011/12/2010-Estt.(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi, the 14^th September, 2010

OFFICE MEMORANDUM

Subject:-  Departmental proceedings against Government Servants Consultation with the Union Public Service Commission for advice.

      The undersigned is directed to refer to this Department’s O.M. of even no. dated 10th May, 2010 on the subject mentioned above forwarding the updated Proforma (copy enclosed) for forwarding the disciplinary cases to UPSC wherein all Ministries/ Departments have been requested to ensure that the complete and timely reference on disciplinary matters (under Article 320(c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation) Regulations, 1958 is made to the UPSC allowing sufficient time to the Commission to give its advice.

2.       This Department had set up a Committee of Experts under the chairmanship of Shri P.C.Hota, former Chairman, UPSC to suggest measures to expedite the process involved in disciplinary/vigilance proceedings. In its Report, the above Expert Committee has observed that at present in as many as 40% cases of disciplinary inquiries referred to the UPSC for advice, the case records are deficient in terms of requisite information wanted by the UPSC as per the proforma prescribed and therefore returned by the UPSC to the Department/ Ministry for rectification of the deficiencies which causes avoidable delay in the Department/Ministry getting timely advice from the UPSC. In order to ensure prompt disposal of disciplinary inquiries by Departments / Ministries, the Expert Committee has recommended that before the case records in a Disciplinary Inquiry are sent to the UPSC for advice, the Joint Secretary/Director/Deputy Secretary in charge of the matter in the concerned Department/Ministry must give a certificate in writing that the case records are being sent to the UPSC for advice after complying with all items in the standard “Proforma” by the Department/Ministry. The expert Committee has suggested that if the certificate of Joint Secretary/Director/Deputy Secretary is found to be defective, as all items in the standard proforma have not been complied with before furnishing the certificate and the certificate has been issued in a slip-shod manner, the concerned Joint Secretary/ Director/Deputy Secretary of the Department/Ministry should be held responsible.

3.       In view of the above, it is reiterated that all Ministries/Departments may ensure that all the requisite details in the proforma are properly filled up and sent with the relevant documents required to be sent to the UPSC so that there does not arise occasion for the UPSC to make a back reference to the Ministries/Department for the deficiencies found by the Commission in the papers sent to them. While forwarding the case records to the UPSC, a certificate shall be appended duly signed by the concerned Joint Secretary that the case records are being sent to the UPSC for advice after complying with all the items as applicable in the proforma by the Ministry /Department concerned. In future, if the UPSC has to return the documents in this regard for correct filling up and forwarding of the requisite documents stated in the proforma, the Commission may address the letter to the Secretary in the Ministry/Department. In case it is found that the Proforma had been forwarded to the UPSC in a casual manner, the Secretary in the Ministry I Department may issue a written warning to the Joint Secretary / Director /Deputy Secretary concerned to be more careful in future. A second time default by the same officers shall invite minor penalty proceedings against them.

s/d
Rakesh Moza
Under Secretary to the Government of India

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