IMPORTANT RULES - ALL POSTAL EMPLOYEES SHOULD KNOW | PART 1

IMPORTANT RULES - ALL POSTAL EMPLOYEES SHOULD KNOW | PART 1

 

1. Whether the divisional superintendent who is a witness or a party in the case can issue charge sheet to an employee, to whom he is disciplinary authority

 

Ans: No. In such cases an adhoc disciplinary authority must be appointed. (DG,P&T memo No6/641/64-Disc dated 27-01-65)

 

2. Whether any punishment can be imposed with retrospective effect.

Ans: No. No penalty can be imposed retrospectively; it can only be prospective, either from the date of issue of punishment order or from a prospective date

 

3. Whether the punishment of reduction of pay awarded under Rule 16 will affect pension?

 

Ans: No. Any punishment awarded under rule 16 should not affect pension. But if an inquiry as specified under Rule 16(1)(b) is conducted such a punishment can be imposed.

 

4. Whether promotion can be accorded if the punishment order has not become operative?

Ans: Yes. It should be. Promotion cannot be ordered during the currency of punishment.

 

5. Can an official be reduced to a rank lower than to which he was originally appointed?

Ans: No. He cannot be reduced to a rank lower than the rank to which he was originally appointed (Rule 11 Goi 10)

 

6. Whether an order of stoppage of increment with cumulative effect will affect seniority?

Ans: No. But an order of reduction to a lower rank/post will affect seniority, if ordered as such

 

7. What is the DOPT instruction, in determination of seniority in case of reduction to a lower rank/post?

Ans: Seniority of an official will be regulated, based on the conditions specified in the punishment order in terms of Para 4.2 of consolidated orders on seniority contained in DOP&T Meme No 22011/7/86-estt.(D)dated 3rd July 1986 (copy of order enclosed)

8 After acquittal from court on criminal charge, whether the dept can take disc action on the same charge?

Ans: NO, if the official is acquitted honourably. But if the acquittal is for lack of evidence etc... The dept can proceed, if it has got enough evidence to prove the charge. This is because the standards of proof required in a departmental inquiry and in criminal proceedings are different.

 

9 Whether an officer holding current charges can exercise the disc powers attached to the post?

Ans: NO, [ MHA OM No f7/14/61-Ests(A) dated24-01-63]

 

10 Whether the lower authority (SP) can award major penalty to an official appointed by the higher authority (SSP)?

Ans: No. No civil servant shall be dismissed or removed from service, by an authority subordinate to appointing authority.
One  official  may have many appointing authorities in every stage of promotion etc... Therefore, the highest authority among these appointing authorities can only impose major penalties.

 

11 What is the period after which a suspension order will have to be reviewed?

Ans: As per Rule 10 sub rule 6&7(CCS(CCA)Rules 1965)) the 1st suspension order will remain in force only for 90 days. Before the expiry of 90 days the suspension order will have to be extended based on the recommendations of the review committee The review committee can also recommend extension of suspension only up to 180 days at a time.

 

12 Whether the suspension order can be prolonged without the issue of charge sheet?

Ans: , If the review committee recommends extension, but it will be difficult to justify such prolonged suspension. CAT Bangalore in a judgement in case of A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195 Bangalore held that non-issue of charge sheet even after 180 days was unjustified and quashed the suspension order.

 

13 Whether the committee is empowered to extend suspension beyond 180 at a time

Ans: Yes. But not at a time. The committee has to review suspension before the expiry of 180 days

 

14 Whether the closed cases can be reopened?

Ans: Yes. The reviewing authority after giving a due notice to the concerned official with in the period prescribed for such a review can revise the order earlier made by the disciplinary authority.

15,16 &17 Omitted

 

18 What is the financial power of LSG& HSG POSTMASTERS?

Ans: Rs 30/- to LSG and Rs 60/- to HSG, Subject to availability of funds allotted by DO

 

19 Can an authority force an official to take VR When he becomes physically or mentally disabled?

Ans: No. As per DOPT orders dated 19-01-2004 no establishment shall dispense with or reduce in rank an employee who acquired disability during his service. In case if it is not possible to adjust him against any post, he may be kept on a supernumerary until a suitable post is found or made available or till the date of his retirement on superannuation. This order is based on the amended provisions of the section 47 of the “persons with disability act1995”

20 Omitted

21 Whether any time limit is prescribed for disposal of representations received

Ans: Yes as per the Dte letter no 204/40/75-Disc dated 23-07-75 the staff cases should be dealt in the fallowing manner:-

1 Action must be taken within a week

2 Decision must be taken within fort night

3 At any cost decision must be taken within a month.

It provides further that appeal should be decided within a month from the date of receipt of the records of the case.

 

22. Whether an official already placed under suspension can function as Defence Assistant in another Disc Case?

Ans: Yes: As per the Rule 14 (18) of CCS (CCA) rules 1965, it is permissible. This has been examined by the Kerala High Court and opined that there is no rule that a person under suspension is not entitled to assist another Govt. Servant in Inquiry proceedings.

 

23. What are all the circumstances under which the ‘Dies non’ can be awarded?

Ans: The day can be marked as ‘Dies non’ only under the following three circumstances.
i) When the official remains absent from duty without prior information.
ii) When on duty in office, the official leaves the office without proper permission; and

iii) The official remains in office, but refuses to perform duty assigned to him

In any of these circumstances, ‘Dies non’ memo should not be issued without issuing show cause notice.

 

24. Whether late coming to office can be treated as ‘Dies non’?

Ans: No. A Day on which an official comes late and works throughout the day during office hours will not be marked as ‘dies non’. Treating this day as ‘Dies non’ for coming late is not contemplated in the rules. The proper course in such case would to be debit ½ day in the casual leave account of the official as per instructions. This is confirmed in the DG’s letter dated 26.11.79.

Further the Department in its letter dt 22.07.75, has stated that Half a days CL should be debited to the CL account of a Government Servant for each late attendance up to one hour on not more than two occasions may be condoned by the competent authority, if he is satisfied.

 

25. What is the position in case if there is no casual leave for debiting due to late attendance? If the leave sanctioning authority does not want to condone the delay, what action can be taken?

Ans: If an official who has no casual leave to his credit comes late without sufficient justification and the administrative authority is not prepared to condone the late coming, he may inform the official that he will be treated as unauthorised absence for the day on which he came late and leave it to the official himself either to face action for unauthorised absence or to apply for earned leave or any kind of leave due and admissible for the entire day, the same may be sanctioned. This is the order of the Ministry of Home Affairs dt 05.03.82 As such Question of dies non will not arise in such cases.

 

26. A rule 14 charge sheet was issued to the official and he died when the case was under enquiry stage. What will be the fate of charge sheet? Whether the family will get pensionary benefits?

Ans: As per the DOPT order dated 20.10.99. where a Government Servant dies during the pendency of the inquiry(i.e.) without charges being proved against him, imposition of penalty is not justifiable. Therefore, the disciplinary proceedings should be closed immediately. Family of the official is fully entitled to avail all the retirement / pensionary benefits as available to the family of the deceased employee.

 

27. Whether the adverse entry in the confidential report is operative in case the representation made against the same is pending with the appellate authority?

 

Ans: Adverse remarks should not be deemed to be operative, if any representation filed within the prescribed limit is pending. Further, the representation should be decided within three months by the competent authority.

 

28. What is the time limit for making representation against adverse entry?

Ans: As per the old rules, only one representation against adverse entries should be allowed within one month of their communication. Even belated representations may be considered if there is satisfactory explanation for the delay ( DOPT order dt 31.10.61.). An appeal against rejection of representation against adverse entries can be made within six months after such rejection. Now the CR system has been modified as APAR (Annual Performance Assessment Report). As per the new scheme 15 days time for the receipt of communication will be given.

 

29. An official was placed under suspension on flimsy reasons. He has been awarded with only minor punishment under Rule 16. What is the fate of suspension period?

Ans: Where the departmental proceedings ended with the imposition of minor penalty against a suspended employee, the suspension can be said to be wholly unjustified in terms of FR 54 ( B). Therefore the employee concerned should be paid fully pay and allowances for the period of suspension.

 

30. Whether any specific orders are required for declaring holidays during General election? If not, what are the provisions?

Ans: No Separate order is required. It should be declared as closed holiday on the following circumstances.

i) In the notified areas where General election to State Legislative assembly is scheduled to be conducted.

ii) In connection with by-elections to Lok Sabha/ State Assembly, the office shall not be closed. However the employees who are Bonafide Voters in the relevant constituency should be granted special casual leave on the day of polling.
iii) Special CL may be granted to an employee who is an ordinarily a resident of that constituency and registered as a voter but employed outside the constituency having a general/by election.

 

31. Whether LND(Leave Not Due) can be availed in case one having E.L at his credit wants to keep it for his retirement benefits?

Ans: Yes. LND may be sanctioned in cases where credit in EL account is available. However LND can be granted only on medical grounds and not for private affairs.

 

32. How may days an official employed in India can avail Earned leave at a stretch?

Ans: Since12-10 1990, it has been increased to 180 days [Rule 26(2)].

 

33. Is the Service book of an official is a secret document? Is there any provision to verify the entries therein by the official?

Ans: According to the DG’s order Below SR 202, it is incumbent on every Government servant to see that his service book is properly maintained. He should be allowed to verify the entries periodically and affix his signature in token of having accepted the entries made therein.

It is necessary that one has to verify the service book every year and check the entries made therein with a special reference to leave account and service particulars.
A certified copy of service book can also be obtained on Quitting service on payment of Rs 5/-

 

34. Whether the fitness certificate should be obtained from the same doctor who certified the illness?

Ans: Not necessary. The rules do not envisage that the fitness certificate should be given by the same doctor who gave the medical certificate.

 

35. IF an official is directed for Second Medical Opinion to D.M.O whether he is entitled to claim TA/DA?

Ans: AS per Rules, any employee who has been asked to proceed to some other station for second medical opinion, he should be granted T.A for the journey period and D.A for a maximum period of two days calculated as on tour This facility is allowed only in cases of Second medical opinion for grant of original leave and not for extension of leave.

 

36. Whether the ward of an official who is physically handicapped & studying in unrecognized institution is entitled for reimbursement of tuition fees or not?

Ans: Tuition fees shall be reimbursed in case of physically handicapped/ mentally retorted child irrespective of whether the school/ institution is recognized or not, provided the institution and its fee structures are approved by the Central State Government.

 

37. An employee is having just five years of service for superannuation. He applied for EL which has been rejected. It is correct?

Ans: As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career.

 

38. An employee posted at higher HRA station was transferred to a lesser HRA station. His family continued to stay at old station. What is his HRA entitlement?

Ans: As per the MOF order dt 28.03.03, he is entitled to HRA at the rate admissible at the old Head Quarters, if his family continued to reside there for six months or till he is allotted or his secured family accommodation at the new headquarters, whichever is earlier.

39. Can an employee having mentally retarded children be posted to the place of his choice?

Ans: As per the DOP&T orders dt 15.02.01, Such a request need, to be considered favourably to facilitate proper treatment of the child.

 

40. Whether Special casual leave can be availed during Bunds, riots strikes etc.?

Ans: Heads of the departments may grant special casual leave to employees residing at places 5 K.M. away from their offices, when they are unable to attend office due to dislocation of public transport arising out of bundhs, natural calamities …etc. If the absence is due to picketing or curfew, special casual leave may be granted to all the employees irrespective of distance

 

41. Whether casual leave can be combined with other kind of leave?

Ans: No. It cannot be combined with any other kind of leave. But CL can be combined with Special C.L. Similarly Special CL can be combined with any other kind of leave.

 

42. What are all the actions termed as sexual harassment on women employees?

Ans: Sexual harassment includes such unwelcome sexually determined behavior (whether directly or by Implication) as:

a) Physical contact and advances;

b) a demand or request for sexual favours;

c) Sexually coloured remarks;

d) Showing pornography;

e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

 

43.What is the time limit fixed for disposal of representation by the nodal ministry?

Ans: DOP&T Vide its Om dated 11.01.2002 stipulated that the representations of the officials should be disposed of within six weeks. Representations requiring inter departmental consultations should be disposed of within three months. Final reply should be self-contained, covering all points raised by the employee and if rejected, grounds for rejection should be clearly given.

44. Whether two punishments can be imposed for the same lapse?

Ans: As per the Dte letter dated 30.03.81 in a disciplinary case, two punishments should not be imposed for the same offence. However, recovery from pay can be ordered for recovery of pecuniary loss caused to the government along with any other penalty.

 

45. An official has submitted resignation but before acceptance, he applied for withdrawal of the same? Whether it should be considered or not?

Ans: If the employee’s written intimation of withdrawing his letter of resignation reaches the appointing authority before its acceptance his resignation will be deemed to have been automatically withdrawn. If the resignation has been accepted but the employee is not relieved before his letter of withdrawal reaches the appointing authority, he may ordinarily be allowed to withdraw his resignation. If for some reason, the request for withdrawal is refused, the grounds for refusal should be recorded and conveyed to the employee.

 

46. Whether legitimate Trade Union activities will attract CCS(conduct) rules?

Ans: Department has clarified vide its letter dated 06.10.95, that legitimate union activity that does not violate CCS ( conduct) Rules 1964 & ED (conduct & service) rules 1964[ now Dept of Posts GDS(conduct & employment) Rules 2001] or other rules or instructions governing the concerned employee should not lead to disciplinary action against the employee and that this should be strictly ensured.

 

47. Whether oral orders and instructions are to be obeyed?

i) Oral instruction should not, as far as possible be issued by senior officers to their subordinates.

ii) IF the oral instructions are issued by any senior officer, they should be confirmed by him in writing immediately thereafter.

iii) if a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in wiring whenever such confirmation is sought.
iv) A junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as possible/ practicable.

 

48. Is there any provision to proceed against an employee on anonymous complaint?

Ans: No. Rule 183 of Vol iii clearly stipulated that no action should be taken on anonymous and pseudonymous complaint against any Government servant. But if the complaint discloses very serious matter and contains verifiable facts then necessary enquiry should be conducted. If such an inquiry reveals serious irregularity on the part of the employee, disc action can be taken

 

49. Whether the staff Quarters can be forcibly allotted to an employee even though he has not offered his willingness?

Ans: No. it should not be thrusted upon any employee against his will and in the absence of a written request for allotment of a Quarter from the employee.
,However, it is mandatory for the employee to occupy the rent-free post attached Quarters. If he refuses to occupy the same, no HRA can be drawn. This is as per the Dte letter dt 11.07.2000. 

50. Is there any condition that the compassionate appointee should maintain the family properly?

Yes. He should give an undertaking in wiring at the time of appointment that he will main properly the other family members who were dependent on the Government Servant and in case it is proved subsequently at any time that the family members are being neglected or are not being maintained properly by him, his appointment may be terminated forthwith.

Appointing/Disciplinary/Appellate Authorities

 

 

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Prior permission is required for leaving station/ headquarters - Clarification

Requirement of taking prior permission by Government servants for leaving station/headquarters – clarification regarding

 

Doubts have been expressed by Ministries/Departments as to whether a Government servant is required to take permission before leaving station/headquarters during leave or otherwise, especially for visits abroad.

 

2. Attention of the Ministries/Departments is invited in this connection to the provisions of FR 11 which provides that ‘unless in any case it be otherwise distinctly provided the whole time of a Government servant is at the disposal of the Government which pays him….’ Article 56 of the Civil Service Regulations also provides that ‘no officer is entitled to pay and allowance for any time he may spend beyond the limits of his charge without authority.’ It is implicit in these provisions that a Government servant is required to take permission for leaving station/headquarters. It is thus clear that such permission is essential before a Government servant leaves his station or headquarters and more so when he proposes to go abroad during such absence, as such visit may have wider implications.

 

3. However, separate permission may not be necessary where a Government servant has indicated his intention of leaving headquarters/station along with leave address while applying for leave. The leave application form prescribed under the CCS (Leave) Rules, 1972 contains necessary columns in this regard. In case the leave applied for the purpose of visiting foreign country is sanctioned, it would imply that permission for going abroad is also granted and therefore leave sanctioning authorities should keep this aspect in mind while granting the leave applied for. In the case of officers who are competent to sanction leave for themselves they should obtain permission for leaving station from their superior authority. Failure to obtain permission of competent authority before leaving station/headquarters especially for foreign visits is to be viewed seriously and may entail disciplinary action.

 

[DOPT OM No. 11013/7/94-Estt.(A), dated 18.05.1994]

 

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Revision review petition Retired Rule 9 Rule 29 Revised procedure for handling of Departmental Proceeding

F. No. 11016/31/2020-Ad.V/7247 

Government of India

 Ministry of Finance

 Department of Revenue

 Central Board of Indirect Taxes and Customs 

(Office of Chief Vigilance Office)

 

6th Floor, C-Wing,  Hudco Vishala Building, 

Bhikaji Cama Place, New Delhi-66. 

Dated : 29th September 2021

 

Subject: Revised procedure for handling of disciplinary cases under Rule 9 of CCS(Pension) Rules, 1972 and Revision and Review cases under rule 29 and 29A of CCS(CCA) Rules, 1965-regarding.

 

Your kind attention is invited to instructions issued from time to time by the Board regarding the handling of disciplinary cases. As you are aware, there are several clear-cut stages in a disciplinary proceeding, an indicative flow chart of which is enclosed at

Annexure-I.

2. The following instructions (enclosed at Annexures-II, III and IV, respectively) are flagged for reference in this regard:

(i) Instructions issued vide F. No. C-11016/5/2010-Ad.V dated 23.09.2010,inter alia stated that:

a) departmental proceedings (including deemed to be proceedings) under Rule 9 of CCS(Pension) Rules, 1972 in respect of retired officers other than Group A, are required to be sent to the Board/Ad.V for obtaining orders of President in terms of Rule 9(2)(a) of the said Rules; and

b) cases for obtaining sanction orders of President in terms of Rule 9(2)(b) of CCS(Pension) Rules, 1972, for initiation of the departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re- employment, are also received in Board/Ad.V.

(ii) Vide Board's letter F. No. C-11016/03/2016-Ad.V dated 23.06.2016 Single Window System in CBIC was introduced for submitting proposals in respect of retired officers other than Group ‘A’ officers which are to be decided under Rule 9 of CCS(Pension), Rules, 1972.

(iii) Vide F. No. C-11016/03/2016-Ad.V dated 12.04.2019 the Single Window System was also extended to the cases of Appeal, Revision and Review under Rule 23, 29 & 29(A) of CCS (CCA) Rules, 1965 respectively.

3. In modification of the above-referred instructions, the following procedure is prescribed for disciplinary cases under Rule 9 of CCS (Pension) Rule, 1962 and revision and review cases under Rule 29 and 29 A of CCS (CCA) Rules, 1965 respectively:

i. The jurisdictional Commissionerate/Directorate shall follow the procedure prescribed as clarified vide letter F.No. C-11016/5/2010-Ad.V Dated 10th March, 2010 and will forward the case records in terms of UPSC letter F.No. 39011/08/2016-Estt (B) dated 28.12.2018 with proforma/check list to jurisdictional Zonal Unit of DGoV instead of Ad. V section of the Board. The following points may be followed and adhered to while submitting the proposal to Zonal Units of DGoV :

a. The case records should be arranged in separate folders as prescribed under the Single Window System, i.e. 1. Complaint/ Report of Preliminary Enquiry etc;

 2. Charge sheet with enclosures etc; 3. Correspondence Folder of 10; 4. Daily Order Sheets, General Examination of CO, Deposition of Witnesses; 5. Prosecution and Defence Exhibits duly marked and initiated by IA 6. PO Brief, Defence brief, I0 Report, Disagreement Note, Representation of CO on Disagreement Note/ I0 Report, Original DA's para wise comments on representation of CO; 7. Miscellaneous Acts/ Rules/Judgements etc; 8. APAR folder.

b. Copies of all documents should be legible, otherwise same are bound to be returned by UPSC after approval of case by the President for reference to UPSC for their advice on quantum of penalty.

c. Annexures of various documents should be duly attested and placed along with primary documents (for, ease of checking documents, the page numbers should be mentioned on the primary documents including Annexures of charge-sheet).

d. Pages should be serially numbered and all pages should be either original or authenticated.

e. A Shadow file of all documents sent and attested copy of all Relied Upon Documents should be maintained in the Commissionerate / Directorate, till the issue of final order and conclusion of appellate proceedings, if any.

f. A chronology of events in following format may be submitted for ease of reference by the Competent Authority.

I Sr. No |Date | Chronology of events | Remarks/Folders No./ page No | 

g. Details of Court cases, if any, in the Disciplinary proceeding may be invariably provided in the proposal by the concerned Commissionerate / Directorate.

h. Updated details of the disciplinary proceedings against the co-accused, if any, shall also be provided by the Commissionerate/Directorate.

ii) The case documents as per check list prescribed by UPSC will be scrutinized by the officer(s) in jurisdictional Zonal unit of DGoV. If the records are found complete in all respect, receipt of the proposal will be duly acknowledged. If the records are not found complete, a deficiency note shall be issued specifying therein exact details of the record found deficient.

iii) The Jurisdictional Zonal unit of DGoV will examine the case records and forward the proposal to CVO for further approval of the President along with all the connected case records.

iv) In case the proposal is for exoneration of the Charged officer, after approval of the President, case records shall be forwarded to CVC by Pr. ADG/ADG, DGoV(Hgrs.) of the concerned jurisdiction in the prescribed format for Second stage advice with due approval of the CVO.

v) CVO, CBIC after receipt of CVC's advice will forward the proposal for acceptance or otherwise to the President. The file will be processed by the jurisdictional unit of DGoV for forwarding it to the President.

vi) Case where the President differs with the Inquiry Report and recommendations of the original Disciplinary Authority, disagreement note shall be issued to the charged officer by the Ad.V Section with due approval of the President. The file then be sent to concerned zonal unit who shall obtain CO's representation on it and process the same for further decision by the President on exoneration / penalty, as the case may be.

vii) In composite cases, where CVC in second stage advice recommends exoneration and dropping of charges, instead of zonal unit of DGoV, DGoV headquarter will process and obtain the President's approval for the same. In case of concurrence, final order shall be forwarded to Ad.V for issue else matter shall be transferred to zonal unit of DGoV for further processing.

viii) In cases approved for exoneration by the President, if consultation with CVC is not required, the concerned zonal unit will forward the case records along with approved draft of final order to Ad.V for issue of final order.

ix) In case the President has approved the case for making reference to UPSC for advice on quantum of penalty, case records as per procedure prescribed by UPSC vide letter F.No. 39011/08/2016-Estt (B) dated 28.12.2018will be forwarded by jurisdictional zonal unit of DGoV to Ad.V section, who shall submit the same to UPSC.

X) In case deficiency memorandum is issued by UPSC subsequent to submission of case records by Ad.V, case records along with deficiency memorandum will be forwarded by Ad. V to jurisdictional zonal unit of DGoV for rectification of deficiencies. Case records after due rectification of deficiencies will be forwarded back to Ad. V by jurisdictional zonal unit of DGoV for re-submission to UPSC

xi) After receipt of advice from UPSC, same shall be provided by Ad. V section to the concerned zonal unit of DGoV. The zonal unit on receipt of the UPSC advice will deliver the same to CO to seek his/her representation and will examine the same and forward proposal to CVO for consideration of the President, along with all the connected case records.

xii) In case of disagreement of the President with advice of UPSC/CVC, zonal unit of DGoV will forward the case records to DoPT through designated officer in office of CVO after due approval as per the extant guidelines issued vide DoPT OM No 39023/02/2006-Estt(B) dated 02.03.2016 and 05.12.2006.

xiii) Case records will be forwarded to Ad.V when disciplinary proceedings have attained finality or revision or review petition has been decided by the President, for issue of Final Order as the case maybe.

xiv) Proposal requiring sanction of President in terms of Rule 9(2)(b) of CCS (Pension) Rules, 1972, for initiating departmental proceedings will be forwarded by the concerned Commissionerate / Directorate along with complete case records in terms of para 2.3 of letter F.No. C-11016/5/2010- Ad.V dated 10.03.2010 and draft charge memorandum to jurisdictional zonal unit of DGoV. Jurisdictional zonal unit of DGoV will examine the case records and forward the proposal to CVO for consideration of the President. After due approval of the President, the file will be forwarded to Ad.V and the sanction orders of President in terms of Rule 9(2)(b) of CCS(Pension) Rules, 1972 will be issued and file will be forwarded to jurisdictional zonal unit of DGoV for further action.

 

XV) Rule 29 and Rule 29A of CCS (CCA) Rules also provides that the President under his or its own motion or otherwise may confirm, modify or set aside order, confirm, reduce, enhance or set aside the penalty imposed, impose penalty or remit the case to the authority which has made the order or pass such orders as it may deem fit. The appellate authority who has passed order in appeal in case of final order passed by Disciplinary authority in ‘non Group A’ cases may forward the order in appeal to concerned jurisdictional zonal unit of DGoV who will examine the order and put up to CVO with proposal for any action by the President under his or its own motion or otherwise under the provision of Rule 29 and Rule 29A ibid.

4. A tabular representation of the existing and proposed system is attached at Annexure V.

5. The following is also clarified:

(i) Cases as per list attached at Annexure VI are transferred forthwith to concerned Zonal unit of DGoV for further necessary action as per instructions above.

(ii) The existing cases under subject rules already submitted to Ad.V and accepted without any deficiency will continue to be handled by Ad.V.

(iii) The legal work relating to the cases with Ad.V shall continue to be handled by ADG (Vigilance Litigation) vertical in Ad.V.

(iv) For the transferred and new cases, the legal work shall be handled by the Zonal Units of DGoV in co-ordination with ADG (Vigilance Litigation) at DGoV Headquarters.

6. A monthly report of all such cases under Rule 9 of CCS(Pension) Rule, 1972 and Rule 29 and 29 A of CCS (CCA) Rules, 1965 shall be forwarded by DGoV Zonal Units to DGoV Headquarters and Ad.V section for monitoring.

7. Difficulty, if any, in the implementation of these instructions may be brought to the notice of Board for necessary corrective action.

Enclosed: As above: Annexures | to VI

 

Copy to:

1. Sr. PS to Revenue Secretary

2. Sr. PPS to Chairman, CBIC

3. PPS to Member (Admin), CBIC

4. CVO, CBIC

5. Pr. DG, Directorate General of Vigilance, CBIC

6. Pr. ADG / ADG of all zonal units of DGoV

7. ADG/ DS/ US/AC/ All dealing hands Group B, Ad. V

 

 

 

 

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