Showing posts with label Articles. Show all posts
Showing posts with label Articles. Show all posts

Saturday, April 13, 2024

Saturday, April 6, 2024

CCS Ruling - Experience of an SSP

CCS Ruling - Experience of an SSP

 

Dear friends ,  
Good Afternoon.
 It is my interest that I would  like to share my experience , as HOD./ DH( HEAD OF DIVISION/  DIVISION HEAD ).... Postal Divisional  SP/SSP.

Serial 1.....  It is to be understood  that there is no such  rule or order, like ratification of suspension ....in the CCS (CCA) RULES ,1965.

The Appointing Authority  or any Authority  to which the Appointing Authority  is subordinate  or  the Disciplinary Authority or any other Authority  ,empowered ,in that behalf ,by a general or  special order   of the PRESIDENT , may place the GOVT SERVANT under suspension, under RULE 10 (1) of the CCS(CCA )RULES,1965.

If the Disciplinary Authority , who issued the  orders of suspension , happens to be lower in rank than the rank of the Appointing Authority, then that Disciplinary Authority has to submit a detailed report to the Appointing Authority ,briefing the circumstances  , which necessitated  the Suspension.( Proviso to the Rules ibid.).

That is all.  
 Review of suspension...Appeal against Suspension are  different courses...channels.

I remember one interesting instance, when I was the DH of one POSTAL DIVISION. ( way back in JUNE or JULY /AUGUST  1998).

Immediately after a short period , on my joining  as the DH of that  DIVISION (on reallotment from KARNATAKA POSTAL CIRCLE), it was on a fine busy day,  that I  had to read a Note carefully ...the Note put up by the  DIVISIONAL OFFICE ASP , in a case file., placed for my orders.

" One departmental postman of one Unit   LSG S.O  was placed under suspension ,in connection with a  case  of fraud/irregularity, by the SPM .of that Unit LSG  S.O.

SPM of that unit LSG S.O was the disciplinary Authority in respect of postman cadre officials of his own office .He has issued the orders of suspension ,within his competence , as disciplinary Authority.
He  was the Appointing Authority also ,in respect of postman  cadre officials of his own office ,as per the rules prevailing at that point of time .

( Now the position is different.....SDH...
SUB DIVISIONAL INSPECTOR/ ASP  is the disciplinary authority for POSTMAN for the whole sub division.....but he is not competent to impose Major penalties on postman cadre officials.   ...SP/SSP  alone can impose major penalties).

Coming to the point,  as per the note , that file was put up  for my of orders (in the capacity as the DH...SP.) for RATIFICATION OF   ORDERS  OF SUSPENSION issued by the SPM of that  S.O  .

I cleared the file with the following emphatic orders .
" NO Question of ratification.
SPM can issue the RULE 14 CHARGE SHEET ..But he has to remit the records finally to  SP.,if major penalties are warranted( since he is not competent to impose any major penalty).

Therefore ,SP..DH can straightaway proceed to issue Rule 14 charge sheet in this case .
Call for the case file and connected records.".

This much , I have given from my memory. Not verbatim ..but the essence .

The crux of this message is    "   There is no question of ratification  in  such cases."

Even now, a few months ago, one defence assistant  ,asked me to clear one point of doubt  in respect of  a case of suspension of one LSG CADRE official ,ordered by the DH ...SP.

His genuine doubt was   " Is it not that this order of suspension has to be ratified by the DPS....the APPOINTING AUTHORITY."?.

I said " There is no question of ratification at all.

It would suffice if the DH ,the disciplinary Authority  ,submits a detailed report to the Appointing Authority ...DPS.,".
 



நன்றி.   

தொடரும்.

N.Inbalagan I.Po.S(Retd).


Thursday, March 28, 2024

Tuesday, March 12, 2024

Administration - Office procedures -  Clarifications

Administration - Office procedures - Clarifications

 

Administration.....
Office procedures....
...........................

Clarification.....clarification......clarification.

We come across ,every now and then , some instances.... where
 some Authorities  sometimes tend to delay the disposal of cases....delay the decisions,   in the garb of seeking  clarification on the points of their unwanted doubts on certain Rules....Orders.

It is the bounden duty of the Authorities, to read /study the rules carefully,  and act as per the Rules, in  the decision making process...Be it  any Quasi judicial decisions(disciplinary cases etc).or any Administrative decisions.

Sometimes,they will  unnecessarily seek instructions or approval from the higher Authority ,>>when themselves are competent to decide the case ,under the scheme of distribution of powers and responsibilities

This is in one way, a kind of evading their responsibilities,for the time being(....jocularly said in their fashion 
.language..."To tide over the situation"),>>.சுத்திவிடுதல்....சுற்றி விடுதல்  என்றும் சொல்வார்கள்.

It may happen sometimes that the authorities who are inclined and interested to respond and give clarification, may create their own interpretation.
 In turn ,further clarification will arise.

 Generally ,there is no need for clarification at all, because Rules are framed in a clear-cut and unambiguous language,after vetting by  the experts (and also by the Law Ministry,in respect of the Statutory Rules.).

Govt.of India  OMs....&Orders are drafted  in a clear language.

That is why, normally, some Authorities will not   like to entertain  any clarification,and will not give a clear reply.

One interesting example....

One Authority writes to his higher Authority,seeking clarification on certain points of  his doubt ,on the Rulings in a particular case.

Let us say the Authority as  A......Higher Authority as HA...

Reply from HA...to A.
Rulings are clear...you  may act as per the rules.

A...Sir,I sought clarification on the following  
       Points.
...........................

HA...Rulings on the subject are crystal clear. you have to act strictly,according to rules.

A.....These points are not clear.....
   ..................
.....................
            I need clarification.

HA...You may read the rules carefully,. 
The rules are very clear to the point .  There is no need for any clarification.
You should not expect spoon feeding..

..........
..
OK. This example is based on my imagination.

.........

Message..  
  Authorities in power,should avoid CLARIFICATION (SYNDROME)....MENTALITY ROUTE  to the maximum possible extent.

..........................................

I can explain elaborately ,about the cause &effect of a few  real cases of the so called  clarification ,citing the   real examples ,based on my  own observation &experience,as a Postal Divisional Head.

தற்போதைக்கு நேரம் போதாது அல்லவா!.
 
 
Thanks to
Shri. N.Inbalagan
Postal SSP ..STS GRADE (Retd).
Tiruchirappalli Division.

at   GINGEE 604202.
MOBILE NO. 9442187555.
 

Friday, February 16, 2024

 Regarding send of the employee for medical examination in case of questionable fitness as per CCS Rules 1957 - GoR 527

Regarding send of the employee for medical examination in case of questionable fitness as per CCS Rules 1957 - GoR 527

 Glimpses of Rule: 527



Postal Manual Volume III - Chapter 1 - - Discipline:-

Date: 16.02.2024

any circumstances

61. Under order of the Government of India no employee is, under whatever, to be retained in active employment when he is physically or mentally unfit for the proper discharge of his duty. When a Government servant is in bad health and unable to perform his duties in a satisfactory manner, it is his business to apply for and obtain leave. If he does not go on leave, and neglects his duty, the excuse, if put forward, that he was in bad health, will not be accepted. In appropriate cases, the employee may be sent for medical examination for adjusting his fitness to continue in service in accordance with the provisions of the Central Civil Services (Medical examination) Rules, 1957 reproduced in F.Rs. & S.Rs. Vol. II...

சற்று கவனிக்கலாம் தோழரே... 

உடல் ரீதியாக அல்லது மன ரீதியாக முழு தகுதி இல்லாத காரனத்தினால் பணியினை சரிவர செய்திட முடியாத எந்த ஒரு ஊழியரும் எந்த ஒரு சூழலிலும் இந்திய அரசின் கீழ் பணியினில் நீடித்திடக் கூடாது. இம்மதிரியான சூழலில் தனது பணியினை சரிவர செய்யமுடியாத ஊழியர்கள் தனது சொந்த விடுப்பினை கேட்டுப் பெறுதல் அவசியம். இம்மாதிரி செய்திடாது, அதன் காரணமாக பணியில் கவனமின்மை ஏற்படுவதால் நிகழும் தவறுகளுக்கு அவர் தனது உடல் நிலை / மன நிலையினை காரணமாக கூறினால் அவை ஏற்றுக்கொள்ளப்படமாட்டாது. தேவைப்பட்டால் CCS (Medical examination) விதிகள், 1957சொல்லப்பட்டு, F.Rs.&S.Rs.Vol.II மறுபதிப்பு செய்யப்பட்டுள்ளதில் அறிவுருத்தப்பட்டுள்ளது படி இரண்டாம் மருத்துவ ஆய்வுக்கு சம்பந்தப்பட்ட ஊழியர் உட்படுத்தப்படுவார்...

 


Wednesday, February 7, 2024

Powers and Stages in respect to disciplinary cases - Glimpses of Rule: 518

Powers and Stages in respect to disciplinary cases - Glimpses of Rule: 518

 Glimpses of Rule: 518

HAVE A LOOK COMRADE ...

Date: 07.02.2024

Postal Manual Volume III - Chapter 1 - Discipline - Suspension:-

48. An officer appointed to perform the current duties of an appointment can exercises administrative or financial powers vested in the full-fledge incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an Act of Parliament or Rules, Regulations and By-Laws made under various articles of the Constitution.

49. Disciplinary authority in respect of an official is to be determined with reference to his posting at the relevant stages of the disciplinary case and not with reference to his posting and status at the time of commission of the offence. The appellate authority in respect of an official is, however, to be determined with reference to the authority which imposed the penalty appealed against and subsequent transfer of the official to separate office will not be a material consideration for the purpose...

சற்று கவனிக்கலாம் தோழரே...

48. தற்போதைய கடைமைகளை ஆற்றும் பொருட்டு நியமிக்கப்பட்ட அதிகாரி அந்த பதவியின் நிர்வாக மற்றும் நிதி அதிகாரங்களை முழுமையாக பயன்படுத்திட முடியும், அதே சமயம் அதற்கு சட்டத்தினால் வழங்கப்பட்ட அதாவது அதிகாரங்கள் பாராளுமன்ற விதிகளால் அல்லது அரசியல் அமைப்பு சரத்துகளால் வழங்கப்பட்ட நிலையான அதிகாரங்களை உபயோகிக்க முடியாது. 

49. ஒரு ஒழுங்கு நடவடிக்கை வழக்கில் ஒரு ஊழியரின் ஒழுங்கு நடவடிக்கை அதிகாரியினை அவர் அந்த நிலையில் வகிக்கும் பதவியினை பொருத்தே அமையுமே தவிர அவர் அந்த குற்றத்தினை புரிந்த காலத்தில் வகித்த பதவியை பொருத்து அல்ல.அந்த ஊழியரின் மேல் முறையீட்டு அதிகாரியானவர், எந்த ஒரு ஒழுங்கு நடவடிக்கை முடிவுகளுக்கு எதிராக மேல் முரையீடு செய்யப்படுகிறதோ அந்த ஒழுங்கு நடவடிக்கை அதிகாரிக்கு அடுத்த நிலை அதிகாரி ஆவார். அந்த முடிவினை மேற்கொண்ட அதிகாரியின் இட மாறுதலை மேல் முறையீட்டு அதிகாரியினை அடையாளம் காணும் போது கருத்தில் கொள்ள தேவை இல்லை...

Comradely Yours, R.Maharajan,

Member Circle Tech Committee,

AIPEU Group C & F.B Team, PA, Tirunelveli Division.


 

Thursday, December 28, 2023

Annual Increment Day 01.01.2024 for Central Government Employees

Annual Increment Day 01.01.2024 for Central Government Employees

 

Annual Increment Day 1st Jan 2024 for Central Government Employees

Annual Increment Day for Central Government Employees and Officers will be on 1st January 2024: This significant day marks the time when hardworking individuals in the central government sector are rewarded for their dedication and commitment. It is a day of celebration and anticipation for those looking forward to the benefits of their annual increment. It is important to note that there are two types of increments provided to central government employees after the implementation of the 7th pay commission. The first is the annual increment and the second type is the promotion increment! The two eligible dates are the 1st of July and the 1st of January of every year!

Two Dates for Increment

The annual increment will be determined based on the vertical cells of the relevant Level in the Pay Matrix: There will be two specific dates for granting increments: January 1st and July 1st of each year. This is a change from the previous date of July 1st. However, employees will only be entitled to one annual increment, depending on the date of their appointment, promotion, or financial upgradation, either on January 1st or July 1st.
Increment on MACP

For employees appointed, promoted, or granted financial upgradation under the Modified Assured Career Progression Scheme (MACPS) between January 2nd and July 1st (inclusive), the increment will be granted on January 1st. For those appointed, promoted, or granted financial upgradation, including MACPS upgradation, between July 2nd and January 1st (inclusive), the increment will be granted on July 1st.

CCS Rules 9 and 10 of Increment

These regulations are outlined in Rules 9 and 10 of the CSS (Revised Pay) Rules, 2016: If an employee is promoted or granted financial upgradation, including MACP upgradation, on January 1st or July 1st, their pay will be fixed under the Level applicable to the new post. However, the increment will only accrue on the following July 1st or January 1st, provided that a minimum period of six months of qualifying service has been completed. The next increment thereafter will only accrue after one year has passed.

15 of FR 26 Rules

These rules are stated in (15), FR 26: Employees who opt for pay fixation under FR 22 (I) (a) (1) when promoted regularly or granted financial upgradation on a date other than their annual increment in a lower grade are also eligible to have their next increment accrue on January 1st or July 1st, provided they have completed six months of qualifying service. However, the subsequent increment will only accrue after one year.

This option is also available to employees who have been regularly promoted or granted financial upgradation on or after January 1st, 2016. They will be given one month from the issuance of this OM to exercise or re-exercise this option.

These guidelines are outlined in 15-A, FR 26: Employees appointed, promoted, or granted financial upgradation between January 2nd, 2015, and July 1st, 2015, will not be eligible for an increment on January 1st, 2016.

Monday, November 13, 2023

Friday, November 10, 2023

Thursday, October 19, 2023

Sunday, October 15, 2023

How You Can Find Stress Relief - Article by Shri. Paritosh Thakor

How You Can Find Stress Relief - Article by Shri. Paritosh Thakor

 

How You Can Find Stress Relief

We all have heard of the harmful effects stress can have on our lives.  Although we can never totally eliminate stress, we must be able to manage stress, and find stress relief, especially the prolonged stress which will indeed cause many ill effects on your health.

In many ways we can eliminate much of our stress by the way we perceive things.  There are many things in life in which we have little or no control over.  Things such as traffic jams and the way others act.  If we react to these things in a way that adds stress to our lives many of our bodily functions shut down and prevent our bodies from keeping ourselves healthy and youthful.

Much of our stress can be relieved by the way we perceive things.  In many cases we are stressed out by things we have no control over.  If we can do something about a situation then we should act on it to resolve the problem.  If the situation is out of our control, we would be better off just accepting it for what it is and focus our attention on something more pleasant or something that will enhance our day and our lives.

The body reacts to stress by producing a flood of chemicals that shut down important but not vital functions to survival.  This constant supply of stress hormones like cortisol and adrenaline and the suppression of growth hormones and other healing hormones that help your body heal after stress, will damage your body and have a negative effect on your health over time.

Some ways you can control the amount of stress you encounter is to monitor a few things about the so-called stressful situation you are in. Firstly, ask yourself, am I in control of the situation that is upon me.  Like I said earlier if the situation is beyond your control, you must let it go.  If there is something you can do about the situation then you must be in action and do something to resolve it.

Secondly you could identify to what extent your stress is the result of your interpretation of the situation, which in fact, relates to your beliefs and judgments.  If you are caught up in the story of “this always happens to me” or are you always trying to prove something to yourself to reinforce a limiting belief you have about yourself or others.  This can be a harmful cycle in which you will always generate unwanted stress in your life.  Pay attention to see if the same situations come up and you get stressed out about similar things.  Awareness to our beliefs and judgments can open doors to freedom within our consciousness.

The third thing that one can do is to learn to consciously adjust your reaction to what is happening in our lives.  Learn to be calm in situations, to be focused and powerful in dealing with stressful issues.  When we react all the time we are not in control and not being in control can add to feelings of recklessness.  An out-of-control feeling is definitely a situation which can cause stress.

Besides the few perceptive ways to deal with stress just mentioned one can also start a program which will be more proactive and help you put your mind and body in a state that more readily handles situation as they arise. Proactive stress management techniques can be addressed with knowledge.  Through personal development books or courses that teach you to be in more control of your life and to accept others for who they are, you can eliminate about fifty percent of your stress.

There are also courses in anger management if you feel you have an issue with anger.  Many times, anger is the end result of other emotions such as disappointment, jealousy, fear, or other emotions.  Not being able to communicate this in a healthy manner and really understanding your emotions can lead to anger in almost any area of your life.  The recognition of these emotions and the ability to communicate them to yourself and others can be a big stress releaser and put you in better control of your emotions and your life.

Of course, eating well and exercising help your body to deal with stress.  The release of good hormones through things such as yoga, aerobic, meditation, breathing exercising or weight lifting greatly help your body deal with stress, firstly by having a means to release the stress through the physical activity and secondly these activities enable the body to produce the healthy endorphins and healing hormones into your body.

Other ways to reduce stress is to engage in something you love to do.  Get your mind off the situation that is causing you stress.  By having a hobby that you just love to do such as gardening, sports, playing a musical instrument or whatever gets your mind focused on something you love.  Usually something creative opens you up a totally different space within you.

And of course, my two favourite things to relieve stress, laughter and good supportive friends.  Go see a funny movie or go out with supportive friends to a comedy club.  Spend good quality time with them and share your love, don’t complain about your stressful situation unless you discuss it to find possible ways of resolving the situation and then end the conversation and have some fun.

Listen, stress can kill you and the more and more scientist explore this issue the more and more they know that almost all disease can manifest from stress and ill thoughts.  Choose to deal with stress in a positive way.  Find the way to incorporate stress relief practices into your life and help you mind; body and spirit live a healthier more fulfilled life.

 

To Your Success,

Paritosh Thakor