191. Knowledge Spectrum – Discipline – CONSULTATION WITH THE UPSC
336. What is the provision under which consultation with the UPSC is mandated?
Article 320(3) (c) of the Constitution of India provides as under:
320. Functions of the Public Service Commissions
(3) the Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted -
(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in the Civil capacity, including memorials or petitions relating to such matters and it shall be the duty of the Public Service Commission to advice on any matter so referred to them which the President, or, as the case may be the Governor of the State, may refer to them.
Further, the first proviso there under empowers the President to make regulations to specify the matters in which it shall not be necessary to consult the Commission.
In exercise of the powers conferred by the proviso to clause (3) of Article 320 of the Constitution the President has notified the regulations known as Union Public Service Commission (Exemption from Consultation) regulations, 1958.
It has been clarified in the CCA Rules that the above stated consultation applies to passing of orders in Appeal, Revision and Review as well. Proviso (i) to Rule 27 (2) 29(1) and proviso to Rule 29-A refer.
In addition to the above, first proviso to Rule 9(1) of the CCS (Pension) Rules 1972 provides that consultation with UPSC is mandatory in all cases of withholding or withdrawing of pension.
337. Based on the cumulative effect of the above stated provisions, what are the matters in which the UPSC is required to be consulted?
Firstly, it must be noted that the constitutional provision applies only to the persons serving the Government in the Civil capacity. Thus disciplinary cases of the persons paid from the Defence Service Estimates, including defence civilians, are outside the purview of the consultation with the UPSC. This applies to the post retirement proceedings as well because the consultation in such proceedings is also based on the provisions of Article 320(3) (c) of the Constitution of India.
Among the persons serving the Government in the civil capacity, consultation with UPSC is necessary in respect of any order made by the President - orders imposing penalty, orders disposing off appeal, revision or review.
Needless to add the UPSC is to be consulted in post retirement proceedings as well.
338. What is the procedure for forwarding the cases to UPSC?
The cases are to be forwarded as per the proforma prescribed for the purpose - a copy of the proforma is attached at the section "Standard Forms".
The records as per the proforma are to be sent under the certificate by the Joint Secretary/Director/Deputy Secretary in charge of the subject in the Ministry/Department to the effect that the case is complete in all respect.
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