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Monday, October 31, 2022
Conduct & Disciplinary Rules – 145
6. Instances of offence involving moral turpitude
1.
Obtaining or attempting to obtain illegal gratification.
2.
Misappropriation of Government's property, money or stores.
3.
Cheating, forgery and using a forged document as genuine.
4.
Falsification of Government's records.
5.
Obtaining or attempting to obtain any valuable thing or pecuniary advantage
without consideration or for a consideration which is not adequate.
6.
Misuse of official position or power for personal gain.
7.
Gross irregularity or negligence in the discharge of duties with a dishonest
motive.
8.
False claims, like traveling expenses, reimbursement claims, etc.
9.
Possession of disproportionate assets compared to the known sources of income.
10. Disclosure of secret or confidential information.
7. Consequences of Suspension
1.
Immediate
reduction in the emoluments of suspended Government servant
2.
Immediate
deprivation of other facilities provided to him.
3.
Consequential
effects on his standard of life and those of the members of his family.
4.
Humiliation
and stigma.
5.
Possible
permanent deprivation of the difference between his normal salary and allowance
and what are paid to him during the period of suspension in the shape of
subsistence allowance.
6. Adverse effect on his immediate chance of promotion, and other benefits and advantages which he could have expected but for being placed under suspension.
8. Authority competent to place a
Government servant under suspension
i.
The following are the authorities competent to place a Government servant under
suspension:
(i) The Appointing Authority as defined in
Rule 2 (a) of CCS (CCA) Rules;
(ii) Any authority to which the Appointing
Authority is subordinate;
(iii) The Disciplinary Authority (as defined
in Rule 2 (g) of C.C.S. (CCA) Rules;
(iv) Any other authority empowered in that
behalf by the President by general or special order.
[Rule 10 (1) of CCS (CCA) Rules, 1965.]
ii.
If the suspension order is issued by any authority lower than the appointing
authority, the suspending authority should immediately report to the appointing
authority the circumstances in which the order was made.
Rule
10 (1) of CCS(CCA) Rules. Rule 14 of P&T Manual Vol. III.
Note:
The appointing authority need not ratify such an order but may revoke the order
of suspension if not satisfied of the reasons for suspension.
iii.
Deemed suspension is to be ordered by the appointing authority only.
Rule
10 (2) & (4) of CCS (CCA) Rules.
iv.
An authority higher than the competent punishing authority can direct placing a
government servant under suspension even when such authority happens to be the
appellate authority, but, it will be more appropriate if the higher authority
only suggests to the punishing authority of the desirability of taking
disciplinary action leaving question of suspension to the competent authority.
(DG
P&T No. SPB 11/3/1951 dt. 03.05.1961.
v.
Supervisory officers in field offices located outside the HQ may be empowered
to place officers subordinate to them under suspension by issuing special
orders in the name of the President but fact of such cases should be reported
to the next higher authority immediately and the order would become void
abinitio if not confirmed by the reviewing authority.
(DOP OM No. 714174, Estt (A) dt. 09.08.1974).
Sunday, October 30, 2022
Provisions regarding options under NPS
Department of Pension and Pensioner's Welfare has issued OM detailing provisions regarding option to be exercised under Central Civil Services (Implementation of National Pension System) Rules, 2021
Saturday, October 29, 2022
Revised rates of subscription under CGHS
D'te letter No. S.11011/11/2016-CGHS(P)/EHS dated 28.10.2022
Friday, October 28, 2022
Thursday, October 27, 2022
Conduct & Disciplinary Rules – 144
3. What is Suspension?
Suspension means a temporary deprivation of the employee's functions or the right to discharge his duties but does not amount to lower down or reduction of his rank or status. Nor does he cease to be a member of Government service. The real effect is that though he continues to be a Government employee, he is not permitted to work and is paid only a "subsistence allowance", which is less than the salary and allowance to which he would have been entitled but for the suspension
4.
When suspension can be ordered?
Suspension
may be ordered:
1.
Where a disciplinary proceeding is contemplated or pending,
2.
Where in the opinion of the authority, the government servant is engaged in
activities prejudicial to the interest of security of the state,
3.
Where a criminal case is under investigation, enquiry or trial. Rules 10(1)(a), (aa) (b) of CCS (CCA) Rules.
4.After
investigation, the records should be examined to see if there is case prima
facie for initiation of disciplinary proceedings. This is the appropriate stage
to decide if the government servant is to be placed under suspension or not.
(Rule
3 of P&T Manual Vol. III.).
5.
For suspending a government servant:
1.
There must be a strong prima facie case,
2.
The offence should be of such serious nature that dismissal will be the
probable punishment if proved guilty, or pending decision in this case, it is
not advisable to continue the government servant in office for strong reasons
(Rule
17 (b) of P&T Manual-III),
3.
When the conduct of the official affects office discipline,
4.
His offence involves moral turpitude, relates to corruption including
possession of disproportionate assets, embezzlement of considerable amount.
MHA
letter No. 43/56/64-AVD dt. 22.10.1964. (Rule 17 of P&T Manual Vol.III.).
5
No one should be suspended for petty breaches of discipline and for minor
departmental offences. No one should be suspended unless he willfully disobeys
orders, or if his retention would hamper the inquiries.
(Rule
17 of P&T Manual Vol. III).
6.
Before deciding to place a government servant under suspension, the competent
authority should consider if the purpose can be served by transferring him from
the present post.
(DG
P&Tletter No. 201/43/76-Disc.III LR dated 15.07.1976).
7.
If the government servant is on leave or unauthorized absence from duty,
suspension order will be effective from the day he reports for duty.
(Rule
17 of P&T Manual Vol.III).
Wednesday, October 26, 2022
Conduct & Disciplinary Rules – 143
RULE 10 SUSPENSION
1.SALIENT FEATURES OF SUSPENSION
Rule
10 of CCS (CCA) Rules, 1965, provides as follows:
(1) Suspension is not a penalty
(2) As per rule, a Government servant may
be placed under suspension where a disciplinary proceeding against him is
contemplated or is pending.
(3) A Government servant who has engaged
himself in activities prejudicial to the interest of the security of the State.
(4) A Government servant may be placed
under suspension if any criminal offence is under investigation, inquiry of
trial against him.
(5) A Government servant is to be deemed to
have been placed under suspension if he is detained in custody for a period
exceeding 48 hours.
(6) Suspension can be resorted to only in
cases of serious nature and in public interest.
(7) Rule 10 of the CCS (CCA) Rules, 1965,
was amended during the year 2003. As per that amendment and subsequent
instructions of Government of India (2004)
(i) Review Committees are to be formed for
review of pending cases of suspension;
(ii) An order of suspension shall be
reviewed by the Review Committee before expiry of 90 days of suspension;
(iii) Subsequent reviews shall be made before
expiry of the extended period of suspension which should not be for a period
exceeding 180 days at a time;
(iv) An order of suspension shall not be
valid after 90 days unless it is extended;
(v) If an officer has been under suspension for one year without any charges being filed in a Court of Law or no charge memo, has been issued in a departmental inquiry, he shall ordinarily be reinstated in service, except in a case where an officer is in police/judicial custody or is accused of a serious crime or matter involving national security.
2. Subsistence allowance admissible
during suspension:
F.R.
53 provides for payment of subsistence allowance, as follows:
(i)
Quantum payable: A suspended Government servant is entitled for the first three
months to Subsistence Allowance at an amount equal to leave salary which he
would have drawn if he had been on leave on half-pay with appropriate Dearness
Allowance.
(ii)
Increase/decrease of Subsistence Allowance: The Allowance may be increased by a
suitable amount not exceeding 50% of the initial sum, if the suspension is
prolonged due to circumstances not directly attributable to the Government
servant. It may be decreased if the proceeding against the suspended Government
servant is prolonged for reasons directly attributable to him.
(iii)
Certification of non-employment: Subsistence Allowance is payable only if the
suspended official furnishes a certificate every month that he was not engaged
in any other employment, business, profession or vocation and the payment
cannot be denied on any other ground.
Tuesday, October 25, 2022
Clarification on operation of SB Pension Accounts and Joint Accounts
FS-10/17/2020-FS-Part(1) dated 20.10.2022
Monday, October 24, 2022
Sunday, October 23, 2022
Saturday, October 22, 2022
Friday, October 21, 2022
Conduct & Disciplinary Rules – 142
Disciplinary Rules – An introduction
21 Rules regarding the composition of Review committee have been prescribed in GOI, Dept of Personnel & Training vide its OM No 11012/4/2003-Estt (A) dt. 7.1.2004. Accordingly the disciplinary authority, appellate authority and another officer of the level of disciplinary/appointing authority in case where President is not disciplinary or appellate authority the disciplinary and two officers of level of secretary/additional secretary/ Joint secretary who are equivalent or higher in rank than the disciplinary authority in case where the appellate authority is President; three officers of the level of Secretary /Additional Secretary/ Joint secretary who are higher in rank than the suspended official in case where President is the disciplinary authority.
22 Rule 10 (7) prescribes that suspension order will not be valid if it is not extended before the expiry of period of first ninety days. As Rule 10 (5) (a) prescribes that the suspension order shall continue to remain in force until it is modified or revoked. As such, the invalid suspension order shall be treated as null & void automatically. So the competent authority should issue a revocation order to end the invalid order. The revocation order should bear the date of effect of revocation .i.e., 91st day of suspension.
23 The period of suspension should be treated
as duty and the suspended official is entitled for full pay and allowances if
the disciplinary proceedings end with minor penalty. According to Rule 54 B of
F.R, the suspension is not justified if the disciplinary proceeding ends with
minor penalty. This is the achievement of the National JCM which took up the
subject in 1985 and got the rule amended in favour of staff in 1985.
24 The right of appeal against the suspension
is available under Rule 23 of CCS (CCA) Rules 1965. The appeal should be
submitted within 45 days from the date on which reasons for suspension are
communicated vide GOIMHA Dept per & trg OM No 35014/1/85 Estt (A) dt.
9.11.1982. This right of
appeal is not sufficient. Rule 10 is divided into seven sub rules. Every sub
rule requires action from the authorities. Every action should be a justified
one; otherwise, interest of the suspended official will be badly affected. In
order to render justice, the right of appeal should be available for every
order passed under these sub-rules of Rule 10 after suspension and therefore,
the period of appeal should not be restricted to 45 days. Provisions should be
made available to prefer appeal by the suspended official on the grievances
raised by the action or inaction of the authority as prescribed in seven sub
Rules of Rule 10.
Thursday, October 20, 2022
Wednesday, October 19, 2022
Tuesday, October 18, 2022
Monday, October 17, 2022
Conduct & Disciplinary Rules – 141
Disciplinary Rules – An introduction
13 The important point in the Rule 10 (3) is that a Govt servant should have been placed under suspension at the time of dismissal and then only it shall be deemed to have been continued from the date of dismissal. If he had been on duty on the date of dismissal, Rule 10 (3) cannot be applied. This is also a protection ensured in the rules to the Govt servant.
14 Where a penalty of dismissal etc. from service imposed upon a Govt servant is set aside by a decision of the court of law (on technical grounds) and the disciplinary authority decides to hold further inquiry, the GS shall be deemed to have been placed under suspension from the date of the original order of dismissal under Rule 10 (4).
15 Where an official was placed under suspension as a result of his detention in Police custody for more than 48 hours and though convicted first by the trial court was acquitted further by Appellate court, the Govt servant is entitled to be reinstated into service with effect from the date of acquittal. (Deemed suspension order under section 10(4) cannot be applied in his case) Note SURINDER KUMAR V State of Himachala Pradesh (1984 Lab 1.c 746 (HP) High Court)
16 According to Rule 10 (5) (a) order of suspension shall continue to remain in force until it is revoked by the competent authority. Suspension once revoked cannot be reviewed. A thing which does not remain in existence cannot be revoked. This contention is supported by one judgment of Rajasthan High court in KALU SING H.V STATE of RAJASTHAN (2003) 3 SLR 102)
17 Rule 10(6) provides that Review Committee constituted for this purpose can pass orders either extending or revoking suspension and in case of extension of suspension, it shall not be for a period exceeding 180 days at a time.
18 The time limit prescribed for the period of extension is, of course, a protection. But this is not at all sufficient. The reason for the decision to extend the period of suspension by the review committee should be communicated to the Govt servant as well as the order of the review committee and this should find a place in the Rule. When suspension is appealable, the reason for suspension should be known to Govt servant enabling him to prepare his appeal which is one of the reasonable opportunities under the principles of natural justice which should not be denied.
19 When suspension is appealable, extension of suspension should also be made appealable. Therefore the reason for the extension of suspension should be recorded and communicated to the Govt servant so that the he may be able to submit an appeal against the orders of extension of suspension. In the case of S. Pandian Vs. U.O.I. (1991) 16 ATC 184, the CAT, Madras Bench held that reason should be recorded before suspension of an officer and such reasons must be communicated to the officer concerned. In the standard form presented for suspension order, under CCS (CCA) Rules 1965 there is no provision to record the reasons.
20 In Para (e) of DG P & T’s letter
No.201/43/76 Disc II dt 15.7.1976, it was prescribed that charge memo should be
served within 3 months from the date of suspension. When this time limit is not
followed, the Govt servant should submit an appeal for revocation of suspension
if the review committee decided to extend the suspension without considering
the DG P & T’s orders dated 15.7.1976, it should be a matter for appeal by
Govt servant.
Sunday, October 16, 2022
Saturday, October 15, 2022
Conduct & Disciplinary Rules – 140
Disciplinary Rules – An introduction
6 According to Rule 10 (7) introduced in 2007, order of suspension is valid only for the first 90 days. It is not valid after 90 days in case if it is not extended after the review for the further period before the expiry of 90 days. This rule is a protection to ill-fated Government servants who are under suspension.
7 Normally a Government servant is being placed under suspension as a first step and thereafter, the authority concerned is collecting evidences for justifying the suspension. A minor penalty proceeding will not justify for any suspension and later the entire period of suspension shall have to be treated as duty for all purposes. Therefore, the authority attempts to collect evidences to frame major penalty charges inviting Rule 14 inquiry. In this process, the authorities use to cause delay in issuing the charge memo. The department has prescribed time limit for issue of charge memo after suspension. Accordingly the total period of suspension both in respect of investigation and disciplinary proceedings should not ordinarily exceed six months. To some extent, this is also the protection extended to the charged Govt servants. If framing the charge memo is delayed more than 6 months from the date of suspension, the affected Govt servant shall have the right to submit an appeal to higher authority for revoking suspension.
8 The All India service Rules provides that normally a charge sheet should be given to the delinquent within 45 days from the date of suspension; whereas no such provision of time limit has been provided in the CCS (CCA) Rules 1965.
9 In the case of A.S. Krishnamachary Vs. U.O.I 1993 (1) LLJ (CAT) 195 Bangalore, it was decided that since charge sheet was not issued even after the period of more than 6 months from the date of suspension, on the ground of disciplinary proceedings, the delay is inordinate in giving the charge sheet and therefore, the impugned order of suspension was quashed. There are many such Judgements from CAT, Madras Bench during the last year.
The above judgments can be utilized by the affected official if and when the suspension is prolonged without issue of charge memo.
10 According to Rule 10 (2), a Govt servant shall be deemed to have been placed under suspension by an order of appointing authority. (a) With effect from the date of his detention, if he is detained in custody, whether on criminal charge or otherwise, for a period exceeding 48 hours.
11 The deemed suspension order issued under sub Rule 10 (2) will not have any effect automatically after the period of detention comes to an end. After the release of the Govt servant on bail, he cannot be ordered to be under deemed suspension under Rule 10 (2) (refer the judgment of CAT, Jaipur Bench dated 16.4.2001 MOA 286 of 2003 (D.L. VERMA and others V U.O.I). The official should be placed under suspension under Rule 10 (1). Otherwise, he can claim reinstated.
12 A suspension
order issued under Rule 10 (1) ends with date of dismissal, removal or
compulsory retirement consequent on the issue of a penalty order. If the
appointing authority or reviewing authority set aside such penalty order with
directions for further enquiry or action, the order of suspension shall be
deemed to have been continued in force, or and from the date of the original
order of dismissal etc. and shall remain in force under Rule 10 (3)
Rule 38 transfer web based application - verifying factual correctness
D'te letter No.X-12/6/2021-SPN-II(Pt) dated 11.10.2022
Friday, October 14, 2022
LTC - Relaxation to travel by air
Relaxation to CCS (LTC) Rules, 1988, the scheme allowing Government servants to travel by air to North East Region (NER), Union Territory of Jammu and Kashmir (J&K), Union Territory of Ladakh and Union Territory of Andaman & Nicobar Islands (A&N) is extended for a further period of two years, w.e.f. 26th September, 2022 till 25th September, 2024.
Download the OM No.31011/15/2022-Estt-A-IV dated 11.10.2022 here
Relieving of officials approved for transfer under Rule-38
D'te letter No.X-12/6/2021-SPN-II (Pt) dated 12.10.2022
Meeting regarding proposal for unification/merger of PA(CO/RO)/(FPO) with PA(PO)
D'te letter No. Q-25/11/2022-PE-I-DOP dated 13.10.2022
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Conduct & Disciplinary Rules – 139
Disciplinary Rules – An introduction
II. Suspension
1.
Suspension is a temporary deprivation of office. When a Government Servant is suspended,
he is ordered not to perform the duties of his office for the period he remains
suspended. During the period of suspension, he draws admissible subsistence
allowance. Rule 10 of the CCS (CCA) Rules, 1965 stipulates when and by whom a
Government servant may be placed under suspension, what is deemed suspension;
extension of the period of suspension after review, payment of subsistence
allowance, revoking the order of suspension and reinstating the suspended
official into service, regularizing the period of suspension etc. Suspension is
not a punishment. But it causes lasting damage to the reputation of the
affected official and its stigma is not easily washed away. Therefore, several
instructions and guidelines are issued by the Government which are necessarily
to be adhered to by the authority concerned, while placing an official under
suspension.
(2) An
order of suspension is appealable as per Rule 23 (i) of CCS (CCA) Rules.
(3) Put-off Duty: Placing GDS employees under suspension is termed as Put off Duty as per Rule - 12 of GDS Rules - 2001.
2. Suspension itself is not a penalty. But it causes irreparable and lasting damage to the reputation of an official. The power of suspension is vested only with disciplinary authorities even though they are subordinate officer to the appointing authority. Such subordinate authority has to report forthwith to the appointing authority about the circumstances in which the order was made as required under proviso to Rule 10 sub rule (1) clause (2). This is a kind of protection ensured to Govt servants, but the same is not enough sufficient nowadays to protect the employees from the biased officers.
3. In the statutory Rule 10, it is not prescribed about what the Appointing Authority should do on the receipt of the report as prescribed in proviso to Rule 10(1) clause (2) from the subordinate officer/disciplinary authority. There is a vacuum in the Rules. In practice, the Appointing Authorities are following the instructions contained in GOI, Department of Personnel OM No 7/4/74 – Ests (A) dt 9.8.1974. “Only supervisory officers in offices located away from the Headquarters need be specifically empowered to suspend a subordinate officer in cases involving gross dereliction of duties. In order to prevent abuse of power the suspending authorities should be required to report the facts of each case immediately to the next higher authority and all such orders of suspension should become abinitio void unless confirmed by the reviewing authority within a period of one month from the date of issue of orders.”
4. This OM should not be treated as statutory Rule. The contents of OM do not mention about the appointing authority. Instead, it mentions, reviewing authority as competent authority to confirm the order. Reviewing authority need not be the appointing authority. Therefore, Rule 10 requires amendment to decide the facts of the report of the subordinate officers submitted to the Appointing Authority.
5. The judiciary
has condemned many times about the misuse of powers on suspension. The
Government has also agreed and instructed that power of suspension should be
sparingly used. Now, a review committee has been prescribed under Rule 10 (7)
to review the suspension cases before the expiry of 90 days. Accordingly, the
same review committee must review and not allow any unjustified suspension.
During the first 90 days, all the suspension orders should be brought to the
review committee for review 15 days before the expiry of 90 days from the date
of suspension. However, the Rule 10 is being misused in many areas by the
prejudiced officers who place the officials under suspension casually by
exercising their power and authority.
Thursday, October 13, 2022
Wednesday, October 12, 2022
Tuesday, October 11, 2022
Monday, October 10, 2022
Sunday, October 9, 2022
Saturday, October 8, 2022
Friday, October 7, 2022
Thursday, October 6, 2022
Wednesday, October 5, 2022
Monday, October 3, 2022
Sunday, October 2, 2022
Saturday, October 1, 2022
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