192. Knowledge Spectrum – Discipline – CONSULTATION WITH THE UPSC
339. What is the level of the correspondence relating to consultation with UPSC? Or what is the importance/seriousness of the certificate regarding the completeness of the records?
As per DoPT OM No. 39011/12/2010-Estt.(b) dated 14th September 2010, in case the UPSC is required to return the case due to any deficiency, UPSC may address a letter to the Secretary of the Department Ministry. If it is found that the case has been forwarded in a casual manner, Secretary of the Department/Ministry 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.
340. What is the time limit for forwarding the cases to UPSC?.
As per DoPT OM No. 39011/12/2009-Estt.(b) dated 10th May 2010, complete reference should reach UPSC at least six months before the retirement of the charged officer.
341. What are the precautions to be observed in the matter of consultation with the UPSC?
DO's and DONT's as available in the UPSC website is reproduced for ease of reference:
DO's and DONT's for the disciplinary cases being referred to the Commission
1. The Ministries/Departments should forward the disciplinary case to the Commission in terms of DoP&T OM No.39011/12/2009-Estt.Bc dt. 10.5.2010
2. The pro forma/check list must be signed by CVO/Joint Secretary to Govt of India.
3. The documents indicated in proforma/Checklist should be duly referenced with page number, folder name etc.
4. Any column of the proforma should not remain unfilled. Avoid use' ' or 'do' in the proforma, instead the column should be filled using the terms 'Not Applicable' or 'nil'.
5. The Ministry should forward the documents either in original or duly authenticated copy thereof. Photocopied documents should preferably be signed in blue ink to enable cross-checking of authentication.
6. The exihibits and all other documents should be legible.
7. If any document is in Regional language, its authenticated translation in English should be available.
8. The full form of abbreviations if any, should be mentioned. The abbreviated terms for designation of C.O and for technical terms should be avoided.
9. In case of retired C.O. the information like last pay drawn, monthly pension and gratuity must be mentioned. In case pension and/or gratuity is withheld, the same should be indicated.
10. If any clarifications on the issues points are sought by the Commission, the DA should make point-wise clarification.
11. The group of posts (viz. A, B, C, D) of the C.o. should preferably be indicated in the first column of the proforma/checklist.
12. The statement of defence and reply to the charge sheet should not be inferred as the same document.
13. Final para-wise comments of the D.A. on the representation of the C.O. on I.O report should be indexed at one place.
14. The feeder grade and its scale of pay in respect of C.O. should be indicated.
15. Daily order sheets should be available for all dates of hearing.
16. The position of co-accused, if any, may be indicated in the letter or proforma/checklist.
17. In minor penalty cases, the relied upon documents referred in the statement of imputation should be available and properly referenced.
18. The Charge Sheet issued must contain all its part/annexures.
19. The records regarding proof of the delivery of the Charge Sheet to the C.O. must be available.
20. The column relating to general examination of the C.O. should clearly indicate the reference of related papers. In case, general examination is not done, it should specifically be mentioned.
21. In case of disagreement of DA with 10 report, a note of disagreement has to be prepared by the DA and it should be forwarded to the CO. Only forwarding the advice of CVC alongwith 10 report will not suffice.
22. The para-wise comments of the DA should address the points raised by the CO in his reply. The comments should not be in brief or general in nature.
23. In case of pension cut proposals, the approval of the President is necessary.
24. If a disciplinary case instituted under major penalty and deemed to have been continued once C.o. retires, the approval of President is required under relevant Pension Rules afresh.
25. The records of the case referred originally be sent to the Commission in Appeal/review/revision cases.
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