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

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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

www.persmin.nic.in

Result of NDA & Naval Academy Exam (II) 2009 announced

The Union Public Service Commission has announced the results of National Defence Academy & Naval Academy Exam (II) 2009 on the basis of the results of written examination held by UPSC in April 2009 and the interviews held by the Services Selection Board of the Ministry of Defence. The examination was held for admission to the Army, Navy and Air Force Wings of National Defence Academy for the 123rd Course and Naval Academy 10+2 (Executive Branch) for 43rd Course commencing from 30th December, 2009.

The list contains names of 463 candidates. There are some common candidates in the three lists for Army/Navy, Air Force and Naval Academy. The total number of such candidates in the three lists is 253. The number of vacancies as intimated by the Government of India is 335 (195 for the Army, 039 for the Navy, 066 for the Air Force and 035 for the Naval Academy (Executive Branch).

The result of Medical Examination of candidates has not been taken into account in preparing the merit list. The candidature of all the candidates is provisional.

The result of Roll No.231067 has been withheld.

Candidates may obtain any information/clarification during working hours in person or over telephone No.011-23385271, 011-23381125 and 011-23098543. The result is available on PIB website i.e www.pib.nic.in and also on the UPSC website i.e. www.upsc.gov.in.

Click here for :- N.D.A & N.A Examination 2009

Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant along with the final order of penalty

No. 11012/10/2007-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block,
New Delhi — 110001.
Dated the 7th January, 2008.

OFFICE MEMORANDUM

Subject:    Central Civil Services (Classification, Control and Appeal) Rules, 1965 —Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant along with the final order of penalty.

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      The undersigned is directed to refer to the provisions of rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and to say that the nature of consultation with the Union Public Service Commission (UPSC) and the manner of communication of the advice of the UPSC to the delinquent Government servant have been subject matter of litigation in some cases in CAT/High Courts etc. The questions raised from time to time are whether consultation with the UPSC under Article 320 (3) (c) of the Constitution is mandatory and binding on the appropriate authority; and whether a copy of the UPSC’s advice should be furnished to the Charged Officer before the order imposing a penalty is issued. The Hon’ble Supreme Court of India has finally decided the matter in its judgment dated the 19th April, 2007 in Civil Appeal No. 2067 of 2007 (Union of India and Another vs. T.V. Patel).

2. In the above judgment, the Hon’ble Supreme Court referred to the cases of State of U.P. vs. Mandbodhan LaI Srivastava (Constitution Bench of the Hon’ble Supreme Court) [1958 SCR 533] and Ram Gopal Chaturvedi vs. State of Madhya Pradesh (three Judge Bench) [1969 (2) 5CC 240] and did not agree with the contentions on behalf of the respondent that non-supply of a copy of the advice tendered by the UPSC before the final order was passed deprived the delinquent officer of making an effective representation and that it, therefore, vitiates the order The Hon’ble Supreme Court held as follows :-

      “In view of the law settled by the Constitution Bench of this Court in the case of Srivastava (supra) we hold that the provisions of Article 320(3)(c) of the Constitution of India are not mandatory and they do. not confer any rights on the public servant so that the absence of consultation or any irregularity in consultation process or furnishing a copy of the advice tendered by the UPSC, if any, does not afford the delinquent government servant a cause of action in a court of law.”

3. The judgement of the Hon’ble Supreme court in the case of S.N. Narula vs. Union of India and others [SLP(c)12188/2003], on the facts and circumstances of that case apparently did not lay down any law. Whereas in the later judgement in T.V. Patel’s case delivered on 19.4.2007, the Appex Court has laid down law relying on two earlier decisions of the Apex Court, one of the Constitution Bench and another of a three Judge Bench. In view of the judgment dated 19.04.2007 of the Hon’ble Supreme Court it is clear that the Disciplinary Authority is not required to furnish a copy of the advice tendered by the Union Public Service Commission to the Charged Officer before the final order of penalty is passed.

4. All Ministries/Departments/Offices etc. are, therefore, requested to comply with the existing provisions of CCS(CCA) Rules, 1965 and bring the contents of this O.M. to the notice of all concerned for adopting a uniform stand and to make serious efforts to get the litigation cases on this subject disposed of by the various courts on the basis of the law laid down by the Hon’ble Supreme Court in the judgements referred to in the preceding paragraphs.

(P. Prabhakaran)
Deputy Secretary to the Government of India

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