Showing posts with label CCS Rules. Show all posts
Showing posts with label CCS Rules. Show all posts

Saturday, April 6, 2024

CCS Ruling - Experience of an SSP

CCS Ruling - Experience of an SSP

✔ Admin on April 06, 2024 0 Comment

 

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).


Monday, March 11, 2024

Wednesday, January 31, 2024

Amendment in CCS Pension Rules: Women now have the right to nominate son or daughter for family pension instead of the husband.

Amendment in CCS Pension Rules: Women now have the right to nominate son or daughter for family pension instead of the husband.

✔ Admin on January 31, 2024 0 Comment

 

Amendment in CCS Pension Rules: Women now have the right to nominate son or daughter for family pension instead of the husband.

Ministry of Personnel, Public Grievances & Pensionsccs

In a pathbreaking decision with far reaching socio-economic impact and in keeping with PM Modi’s policy to provide equitable rights to women, the Government has amended the long standing established rule, thereby granting the woman employee the right to nominate her son or daughter for family pension, instead of her husband as has been the practice so far, says Union Minister Dr Jitendra Singh

Govt amends CCS (Pension) Rules, 2021, allowing female employees or pensioners to grant family pension to their eligible child/children after their own demise, instead of their spouse

The amendment addresses situations where marital discord leads to divorce proceedings or cases filed under acts such as the Protection of Women from Domestic Violence Act, Dowry Prohibition Act, or IPC

“It is the Prime Minister’s priority that no woman should be deprived of equal opportunities and rights”: Dr Jitendra Singh

Posted On: 29 JAN 2024 5:00PM by PIB Delhi

In a pathbreaking decision with far reaching socio-economic impact and in keeping with Prime Minister Shri Narendra Modi’s policy to provide equitable rights to women, the Government has amended the long standing established rule, thereby granting the woman employee the right to nominate her son or daughter for family pension, instead of her husband as has been practice so far.

Sharing this with the media, Union Minister of State (Independent Charge) Science & Technology; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said, the Department of Pensions and Pensioners’ Welfare (DoP&PW) has introduced an amendment to the CCS (Pension) Rules, 2021, allowing female government employees or pensioners to grant family pension to their eligible child/children after their own demise, instead of their spouse.

The amendment will address situations where marital discord leads to divorce proceedings or cases filed under acts such as the Protection of Women from Domestic Violence Act, Dowry Prohibition Act or the Indian Penal Code, the Minister said.

Previously, family pension was granted to the spouse of a deceased government servant or pensioner, while other family members became eligible only after the spouse’s ineligibility or demise. However, the new amendment allows female government servants or pensioners to request the grant of family pension to their eligible child/children after their own demise, instead of their spouse.

Hailing the move, Dr Jitendra Singh said, the amendment is in line with PM Modi’s policy of giving equitable, just and legitimate rights to the women functionaries in every sector, whether it be Permanent Commission to Women in the Armed Forces or Women’s Reservation Amendment in Parliament.

 

In an office memorandum, the DoP&PW said, the female government servant or pensioner must make a written request to the concerned Head of Office, stating that family pension should be granted to her eligible child/children in precedence to her spouse, in the event of her death during the ongoing proceedings. If the female government servant or pensioner passes away during the proceedings, the family pension will be disbursed accordingly.

 

The DoP&PW notification said, if a woman employee is survived by a widower with no eligible child, the family pension will be payable to the widower. However, if the widower is the guardian of a minor child or a child suffering from a mental disorder, the family pension will be payable to the widower, as long as he remains the guardian. Once the child attains majority and remains eligible for family pension, it will be payable directly to the child.

For cases where the deceased female government servant or pensioner is survived by a widower and children who have attained majority but are still eligible for family pension, the family pension will be payable to such children. After all eligible children cease to be eligible for family pension, it will become payable to the widower until his death or remarriage, whichever occurs first.

Dr Jitendra Singh, who is also Incharge DoPT (Department of Personnel & Training), said that a series of Governance reforms have been introduced under PM Modi to provide an enabling environment for working women.

Dwelling on the Women-Centric reforms in Department of Pensions and Pensioners’ Welfare, Dr Jitendra Singh said, an earlier order enabled a divorced daughter, in whose case a decree of divorce was issued after the death of her parents, to be eligible for family pension if the divorce petition was filed before death of the parents.

Similarly, he said, the families of missing employees covered under NPS can now get family pension within 6 months of lodging FIR and not wait for 7 years after which employee is considered deemed dead. Even in cases where the Government servant dies before completing a service of 7 years, family pension shall be payable to the family at enhanced rate of 50% of last pay for the first 10 years and thereafter @ 30% of last pay.

The Minister said, DoPT has taken concerted efforts to increase the representation of women in Central Government jobs and to provide them a balance between professional as well as family life. A series of amendments have been issued by the DoPT related to Child Care Leave (CCL); Leave Travel Concession (LTC) and foreign travel for Women employees on CCL; grant of Special Allowance @ Rs.3000/- p.m. to Women employees with Disability for child care with effect from 1st July, 2022, which will increase by 25% on increase of DA by 50%; Special Leave provision for an aggrieved female Government Servant in matters of sexual harassment and grant of Special Maternity Leave of 60 days to a female Central Government Servant in case of death of a child soon after birth / stillbirth. [Source: PIB]

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Friday, December 22, 2023

Tuesday, December 5, 2023

Guidelines on Acceptance of Awards by Government servants: DoP&T O.M. dated 04.12.2023

Guidelines on Acceptance of Awards by Government servants: DoP&T O.M. dated 04.12.2023

✔ Admin on December 05, 2023 0 Comment

Guidelines on Acceptance of Awards by Government servants: DoP&T O.M. dated 04.12.2023 clarification in accordance with Rule 14 of the CCS(Conduct) Rules, 1965

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F. No. 11013/22/2023 — Pers. Policy (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
(Personnel Policy — A.IIT)

202, North Block, New Delhi
Dated 4 December, 2023

OFFICE MEMORANDUM

Subject: Guidelines on Acceptance of Awards by Government servants

Instructions have been issued by this Department, from time to time, regarding acceptance of awards by the Government servants from Private Bodies and Institutes, in accordance with Rule 14 of the CCS(Conduct) Rules, 1965.

2. Rule 14 of the CCS(Conduct) rules, 1964 provides that “No Government servant shall, except with the previous sanction of the Government, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour; or in the honour of any other Government servant: provided that nothing in this rule shall apply to- (i) a farewell entertainment of a substantially private and informal character held in honour of a Government servant or any other Government servant on the occasion of his retirement or transfer or any person who has recently quitted the service of any Government; or (ii) the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions.

3. As a corollary to the aforesaid Rule, it was stipulated in DOPT OM No.11013/2/99-Estt.(A) dated 24 February, 1999 that, in general, awards sought to be given by private bodies and institutes to Government servants do not need to be encouraged, inter alia, because of the fact that if a Government servant has done any outstanding work, there are various methods open to Government itself to recognize his merits and service and it would not be appropriate for him to accept such an award from a private body. In exceptional circumstances like rewarding the merit of an officer for work done outside the purview of his functions in Government or where Government otherwise thinks that an individual deserves a particular award, it was left to the discretion of the competent authority to decide such issues in a reasonable and judicious manner based on the main criterion that such an award should not have a monetary component.

4. Further, vide DOPT OM No. 11013/2/99-Estt.(A) dated 174 February, 2000 it was emphasized that the Government servants should not be allowed to accept awards of monetary benefits instituted by private trusts/ foundations, etc.

5. It has, however, been observed that these instructions are not being adhered to in their true spirit.

6. Accordingly, it is, hereby, clarified that:

a.                   Awards given by Private Bodies / Institutions / Organizations may be accepted only with prior approval of Competent Authority.

  1. The Competent Authority for acceptance of Awards by a Government servant would be Secretary of the concerned Ministry/Department.
  2. The Competent Authority for acceptance of Awards by Secretaries to Govt. of India and Secretary rank Officers would be Cabinet Secretary.
  3. The Competent Authority may grant approval, only in exceptional circumstances as elucidated in Para 3 above subject to the following conditions:
    1. The award should not have any monetary component in the form of cash and/or facilities.
    2. Credentials of the Private Bodies / Institutions / Organizations should be unimpeachable.

7. All Ministries/Departments are requested to ensure strict adherence to these guidelines.

(A K GOPAL)
Under Secretary to the Government of India

 



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