Finance Department"s circular causing injustice to heirs of the employee died while under suspension

Financ Department has issued a circular on 25th October 2011 stating that the benefit of pay revision as per 6th pay commission will not be admissible to r the employees who died after 1-1-2006 while under suspension.

 There is a specific provision in Rule 13(4) of M.C.S.(D.&A.) Rules 1979, that disciplinary proceedings come to an end on the death of the delinquent employee and they cannot be continued after his death.Similarly there is a specific provision in Rule 72(2) of  of M.C.S.( Joining time, foreign service and payments during Suspension,Dismissal and Removal) 1981 that where a Government Servant under Suspension dies before the disciplinary or court proceedings instituted against him are concluded , the period between the the date of suspension and the date of death shall be treated as duty for all the purposes and his family shall be paid the full pay and allownnces for that period to which he would have entitled , had he not been suspended subect to the adjustment in respect of subsistence allowance.
 In view of the abovementioned specific provisions in the Service Rules, the denial of benefit pf pay revision to the employeesuspende prior to 1-1-2006 and died after 1-1-2006 while under suspension. will be illegal and it will  cause injustice to the heirs of the deceased employee while under suspension.
 It is hoped that the Finance Department will reconsider the matter once again and will issue revised instructions.
I am sending a letter to Finance Department  seperately.

Shridhar Joshi

Judgements on topics reg." Disciplinary Proceedings "available on this blog.

Friends,

 The important  judgements on "Departmental Inquiry "  which I had earlier uploaded on the blog were not accessible earlier because of some technical snag. The technical snag has now been resolved with the help from C.I.T., Yashada and the viewers can view and also download these judgements. I propose to upload many more judgements including the recent ones for the benefit of viewrs.

Shridhar Joshi

New Amenment to M.C.S.(D.& A.) Rules 1979

1)   The State Government vide its notification dates 11 th October 2011,   has added the following
     proviso       after clause (c) in sub-rule(5) of rule  4  of M.C.S.(D.& A.) Rules 1979.

"  Provided that. wheree a criminal offence is registered
    against a Government servan t, the recommendation
    of the Suspension Review Committee constituted by
     the  Government  in this   behalf,   shall be obtained
     by the authority which has made or is deemed to
     have been made    the  suspension order   or by any
    authority to which that     authority is subordinate,
    before revoking or  modifying  the order of  
     suspension of such Government sevant    ."


2)  The State Government vide G.R. dated
    14 th October 2011    had constitued two
    Suspension Review committees,  one for
    Group A and B employees and one for
  Group C and D employees.  The said G.R.
   will be uploaded   on this blog shortly.

HELLO, I AM BACK

DEAR FRIENDS,


I HAVE NOW PURCHASED A NEW COMPUTER AND THE SAME IS INSTALLED YESTERDAY.  NOW I WILL BE WRITING A DAILY THOUGHT AND WILL ALSO UPLOAD NEW G.Rs., CIRCULARS ,JUDGEMENTS ETC.ON MY BLOG. I WILL ALSO TRY TO SEND REPLIES TO THE MAILS I HAVE RECEIVED IN THE LAST FORTNIGHT.


WISHING YOU ALL A HAPPY NEW YEAR.


S.D.JOSHI

SORRY

MY COMPUTER AT HOME HAS GONE OUT OF ORDER AND THEREFORE I AM NOT ABLE TO CHANGE THE THOUGHT DAILY AND SEND THE REPLIES . THE INCONVENIENCE CAUSED TO MY FRIENDS WHO REGULARLY VISIT THE BLOG  IS REGRETTED.

SHRIDHAR JOSHI

Payment of Dearness Allowance to Central Government employees - Revised Rates effective from1.7.2011.

No. 1(14)/2011-E-II (B)

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, the 3rd October, 2011.

OFFICE MEMORANDUM

Subject: Payment of Dearness Allowance to Central Government employees - Revised Rates effective from1.7.2011.
            The undersigned is directed to refer to this Ministry’s Office Memorandum No. 1 (2)/2011-E-II(B) dated 24th March,2011 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 51% to 58% with effect from 1st July, 2011.
2           The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No. 1 (3)/2008-E-II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.
3          The additional instalment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.
4          These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees separate orders will be issued by the Ministry of Defence and Ministry of Railways,respectively.
5           In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

sd/-

(Anil. Sharma)

Under Secretary to the Government of India

* New Addition The Bombay Police ( Punishment and Appeal ) Rules 1956

The Bombay Police ( Punishment and Appeal ) Rules 1956 and not M.C.S. ( Discipline and Appeals ) Rules 1979 are applicable to Police Inspectors and Police Officers below him viz. assistant Police Inspectors, Head Constables, Constables etc.These rules are now available on this blog.

The Judgements which must be read by every disciplinary and appellate authority are now available on this blog

The judgements which must be read by  every  disciplinary and appellate authority are given below.

1) Natural  justice :

                 State bank of  patiala v/s S.k.Sharma

2)  Criminal proceedings & Disciplinary Proceedings :

                State bank of Rajasthan v/s  B.K.Meena

3)  Disciplinary & appellate authority are fact finding authorities :

              Apparel Export Promotion Council v/s A.K. Chopra

4)  Scope of interference by High courts/ Tribunals :

             B.C. Chaturvedi v/s Union of India

5)  Sexual harrassment at work place :

            Vishakha and others v/s State of Rajasthan

6)  Sexual harrassment- procedure for imposing penalty :

            Sandeep khurana v/s Delhi Transco Ltd.

All the abov mentioned judgements are available on this blog.The cocerned officers may download and study them. This will enable them to handle the departmental proceedings effectively and that the orders passed by them will stand to the scrutiny of the courts and tribuanals.

SENIORITY OF DIRECT RECRUITS AND PROMOTEES

THIS IS THE ORDER ISSUED BY MINISTRY OF HOME AFFAIRS LONG BACK. HOWEVER IT IS USEFUL FOR THE STATE GOVERNMENT EMPLOYEES ALSO. IT GIVES AN EXAMPLE AS TO HOW THE SENIORITY OF DIRECT RECRUITS AND PROMOTEES IS TO BE FIXED. iT IS THEREFORE POSTED ON THIS BLOG ALSO.

 

SENIORITY OF DIRECT RECRUITS AND PROMOTEES

(MHA O.M.No.9/11/55-RPS dated 22.12.59)

 
2.1           The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the U.P.S.C or other selecting authority, persons appointed as a result of an earlier selection being senior to those appointed as a result of a subsequent selection.  

2.2           Where promotions are made on the  basis of selection by a D.P.C., the seniority of such promotees shall be in the order in which they are recommended for such promotion by the Committee.  Where  promotions are made on the basis of seniority, subject to the rejection of the unfit, the seniority of persons considered fit for promotion at the same time shall be  the same as the relative seniority in the lower grade from which they are promoted.  Where, however, a person is considered as unfit for promotion and is superseded by a junior such persons shall not, if he is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him.

2.3            Where persons recruited or promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit.

2.4.1        The relative seniority of direct recruits and of promotee shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies  reserved for direct recruitment and promotion respectively in the Recruitment Rules.

2.4.2         If adequate number of direct recruits do not become available in any particular year, rotation of quotas for the purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees.  [DPT OM No.35014/2/80-Estt.(D) dt.7.2.86].
In other words, to the extent direct recruits are not available the promotees will be bunched together at the bottom of the seniority list below the last position upto which it is possible to determine seniority, on the basis of rotation of quotas with reference to the actual number of direct recruits who become available.  The unfilled direct recruitment quota vacancies would, however, be carried forward and added to the corresponding direct recruitment vacancies of the next year (and to subsequent years where necessary) for taking action for direct recruitment for the total number according to the usual practice.  Thereafter in that year while seniority will be determined between direct recruits and promotees, to the extent of the number of vacancies for direct recruits and promotees as determined according to the quota for that year, the additional, direct recruits selected against the carried forward vacancies of the previous year would be placed en-bloc  below the last promotee (or direct recruit as the case may be), in the seniority list based on the rotation of vacancies for that year.  The same principle holds good for determining seniority in the event of carry forward, if any, of direct recruitment or promotion quota vacancies (as the case may be) in the subsequent year.
ILLUSTRATION: 
Where the Recruitment Rules provide 50% of the vacancies of a grade to be filled by promotion and the remaining 50% by direct recruitment, and a assuming there are ten vacancies in the grade arising in each of the year 1986 and 1987 and that two vacancies intended for direct recruitment remain unfilled during 1986 and they could be filled during 1987, the seniority position of the promotees and direct recruits of these two years will be as under:

	1986		1987
1.	P1	9.	P1
2.	D1	10.	D1
3.	P2	11.	P2
4.	D2	12.	D2
5.	P3	13.	P3
6.	D3	14.	D3
7.	P4	15.	P4
8.	P5	16.	D4
		17.	P5
		18.	D5
		19.	D6
		20.	D7

2.4.3        In order to help the appointing authorities in determining the number of vacancies to be filled during a year under each of the methods of recruitment prescribed, a Vacancy Register giving a  running account of the vacancies arising and being filled from year to year may be maintained in the proforma enclosed.
2.4.4        With a view to curbing any tendency of under-reporting/suppressing the vacancies to be notified to the concerned authorities for direct recruitment, it is clarified that promotees will be treated as regular only to the extent to which direct recruitment vacancies are reported to the recruiting authorities on the basis of the quotas prescribed in the relevant recruitment rules.  Excess promotees, if any, exceeding the share failing to the promotion quota based on the corresponding figure, notified for direct recruitment would be treated only as ad-hoc promotees.
Source Document : http://www.persmin.nic.in/DOPT/Seniority_Instructions_Guidelines/Seniority_Instructions_Guidelines_Page_44_48.pdf
Source: www.persmin.nic.in

What Is The Difference Between EPF, GPF And PPF ?

What is the differences between EPF, GPF and PPF?

EPF- Employees Provident Fund 

GPF - General Pension Fund 

PPF - Public Provident Fund

GPF - General Provident Fund which is for the Government Employees 

PPF - Individuals can save to a maximum of Rs.60000/- in a year in the account. Account can be maintained in a Post Office. 

EPF - Employees Provident Fund for Private sector where 12% of Employees share and 12 % of Employer's share of Basic Salary + DA is deducted and remitted to PF Authorities

PF vs PPF: What's the difference ?

1. What is PPF and PF? 

EPF/ PF (Employees Provident Fund / Provident Fund) 

The Employee Provident Fund, or provident fund as it is normally referred to, is a retirement benefit scheme that is available to salaried employees.

Under this scheme, a stipulated amount (currently 12%) is deducted from the employee's salary and contributed towards the fund. This amount is decided by the government.

The employer also contributes an equal amount to the fund.

However, an employee can contribute more than the stipulated amount if the scheme allows for it. So, let's say the employee decides 15% must be deducted towards the EPF. In this case, the employer is not obligated to pay any contribution over and above the amount as stipulated, which is 12%.

PPF (Public Provident Fund) 

The Public Provident Fund has been established by the central government. You can voluntarily decide to open one. You need not be a salaried individual, you could be a consultant, a freelancer or even working on a contract basis. You can also open this account if you are not earning.

Any individual can open a PPF account in any nationalised bank or its branches that handle PPF accounts. You can also open it at the head post office or certain select post offices.

The minimum amount to be deposited in this account is Rs 500 per year. The maximum amount you can deposit every year is Rs 70,000.

2. What is the return on this investment?

EPF: 8.5% per annum

PPF: 8% per annum

3. How long is the money blocked?

EPF

The amount accumulated in the PF is paid at the time of retirement or resignation. Or, it can be transferred from one company to the other if one changes jobs.

In case of the death of the employee, the accumulated balance is paid to the legal heir.

PPF

The accumulated sum is repayable after 15 years.

The entire balance can be withdrawn on maturity, that is, after 15 years of the close of the financial year in which you opened the account.

It can be extended for a period of five years after that. During these five years, you earn the rate of interest and can also make fresh deposits.

Save tax and get rich

4. What is the tax impact?

EPF

The amount you invest is eligible for deduction under the Rs 1,00,000 limit of Section 80C.

If you have worked continuously for a period of five years, the withdrawal of PF is not taxed.

If you have not worked for at least five years, but the PF has been transferred to the new employer, then too it is not taxed.

The tenure of employment with the new employer is included in computing the total of five years.

If you withdraw it before completion of five years, it is taxed.

But if your employment is terminated due to ill-health, the PF withdrawal is not taxed.

PPF

The amount you invest is eligible for deduction under the Rs 1,00,000 limit of Section 80C.

On maturity, you pay absolutely no tax.

5. What if you need the money?

EPF

If you urgently need the money, you can take a loan on your PF.

You can also make a premature withdrawal on the condition that you are withdrawing the money for your daughter's wedding (not son or not even yours) or you are buying a home.

To find out the details, you will have to talk to your employer and then get in touch with the EPF office (your employer will help you out with this).

PPF

You can take a loan on the PPF from the third year of opening your account to the sixth year. So, if the account is opened during the financial year 1997-98, the first loan can be taken during financial year 1999-2000 (the financial year is from April 1 to March 31).

The loan amount will be up to a maximum of 25% of the balance in your account at the end of the first financial year. In this case, it will be March 31, 1998.

You can make withdrawals during any one year from the sixth year. You are allowed to withdraw  50% of the balance at the end of the fourth year, preceding the year in which the amount is withdrawn or the end of the preceding year whichever is lower.

For example, if the account was opened in 1993-94 and the first withdrawal was made during 1999-2000, the amount you can withdraw is limited to 50% of the balance as on March 31, 1996, or March 31, 1999, whichever is lower.

If the account extended beyond 15 years, partial withdrawal -- up to 60% of the balance you have at the end of the 15 year period -- is allowed.

Courtesy : rediff.com

Scheme of Exempting Salaried Tax Payers with Income Up To Rs. 5 Lakhs From Filing Income Tax Return

Individuals having total income up to Rs.5,00,000 for FY 2010-11, after allowable deductions, consisting of salary from a single employer and interest income from deposits in a saving bank account up to Rs.10,000 are not required to file their income tax return. Such individuals must report their Permanent Account Number (PAN) and the entire income from bank interest to their employer, pay the entire tax by way of deduction of tax at source, and obtain a certificate of tax deduction in Form No.16.

Persons receiving salary from more than one employer, having income from sources other than salary and interest income from a savings bank account, or having refund claims shall not be covered under the scheme.

The scheme shall also not be applicable in cases wherein notices are issued for filing the income tax return under section 142(1) or section 148 or section 153A or section 153C of the Income Tax Act 1961.

Employee Under Suspension --Revision of pay as per 6th Pay Commission

The pay scales of Central Government employees and Maharashtra state government employees have been revised as per recommendations of 6th pay commission. However from the e mails received from the viewers of the blog it appears the departmental officers are not fully aware as to how and when  the pay of the employees under suspension is to be revised with the result that the pay of the  employees  who were not under suspension on 1-1-2006 but suspended thereafter has not been revised and they are being paid the subsistence allowance calculated on the basis of old pay scale. Therefore the following clarification is issued as regards pay revision in case of employees under suspension.

1)  In case of  an employee who was suspended prior to 1-1-2006 and who is still under suspension, the revision of pay will not be done and he will be continued to draw the subsistence allowance fixed on the basis of his pay in the prerevised pay scale.
2) In case of an employee who was suspended prior to 1-1-2006 and then reinstated after completion of conduct of departmental inquiry, the pay will have to be fixed considering the order  passed by the disciplinary as regards the treatment of suspension period and the option of selection of pay scale exercised by him.


 3 )   An  employee suspended after 1-1-2006 and who is continued to be under suspension,  should be allowed to exercise the option of electing the revised pay scale , even if the date by which he is to exercise the option falls during the period of suspension. Such employee is entitled to the benefit of increase in pay, if any, including the arrears in respect of the period from 1-1-2006 to the date of suspension  and also in the subsistence allowance (including arrears) consequent  to increase in pay.
4) An employee suspended after 1-1-2006 and then reinstated after completion of departmental  inquiry against him,  should be allowed to exercise the option and his pay should be fixed as per revised pay rules.  He should be paid arrears if any for the period from 1-1-2006 to the date of suspension.His pay from the date of reinstatement should be fixed considering the final order imposing penalty  passed by the competent authority and also the order regarding treatment of suspension and payment of  pay and allowances during the suspension period.

Pension can''t be withheld due to pending criminal case: CAT

Pension and increments of a public servant cannot be withheld only on the basis a pending criminal case against him unless he is convicted, the apex administrative tribunal has held.
"It is amply clear that only on the basis of the case pending against the applicant (Primary School Head Master Lakhi Ram), pension cannot be withheld under Central Civil Services (CCS Pension) Rules, 1972," a two-member bench of Central Administrative Tribunal headed by Justice Meera Chhibber said.
The bench also favoured releasing gratuity during the pendency of criminal case but with an earlier judgement of the CAT ruling against it, the bench referred the question on the gratuity issue to a larger bench.
"Gratuity cannot be withheld under rules of CCS Pension Rules. Otherwise also as per the provision (of) Payment of Gratuity Act, 1972, gratuity cannot be withheld," it said.
"Since we have taken a different view about release of gratuity during the pendency of criminal case than what had been held by the coordinate bench in another case in 2009, the matter may be placed before the chairman on administrative side for constitution of a larger bench to determine the clear position of law on the subject," the bench said.
The judgement came on a petition filed by Lakhi Ram, a Municipal Corporation of Delhi-run primary school headmaster, who retired in August 2007.
He had been suspended on August 13, 2001 after his arrest in criminal case relating to a property dispute.
Though he was reinstated in May 2005 and retired in 2007, his annual increments were stopped from 2001 and were not restored even after his reinstatement in service.
The court directed Education Department of Municipal Corporation of Delhi to grant increments to him from the date of his reinstatement to his superannuation and to fix his pay as per the sixth pay revision and determine his provisional pension.
Source: Yahoo News

Departmetal Inquiry In absence Of Presenting Officer- More Clarification

Some of the viewers of the blog has still doubt  relating the conduct of departmental inquiry in absence of presenting officer and therefore the following clarification.

 Departmental Inquiry by whom?

Let us understand that the rules provide that the departmental inquiry can be conducted by the disciplinary authority itself or by appointing an independent inquiry officer. However it is desirable that an independent inquiry officer is appointed when a grave misconduct is committed and a major penalty is proposed to be imposed.

Appointment of presenting officer, when?

Rules provide that whenever the inquiry is to be conducted by independent inquiry officer, the departmental inquiry officer may appoint presenting officer. The presenting officer is appointed so that the case of the disciplinary authority can be forcefully pleaded and the charges leveled against the delinquent employee are proved.  The court has held in the case referred by me in earlier mail that the presenting officer should be appointed when oral evidence i.e. examination of witnesses, is to be produced .If the presenting officer is not appointed, the case of the disciplinary authority may not be forcefully    pleaded.   Even in the absence of the presenting officer, the charges may be proved on the basis of documentary and oral evidence.

Role of Inquiry officer in absence of presenting officer

The inquiry officer must remember that his role is not that of prosecutor. He has discretion to ask questions to the witnesses but only to find out the facts. He should not cross-examine the witnesses.

Inquiry in absence of presenting officer

  The inquiry held will not be vitiated or held illegal only on the ground of not appointing presenting officer or absence of presenting officer.

DEPARTMENTAL INQUIRY WITHOUT PRESENTING OFFICER ?

The departmental inquiry can be conducted by the disciplinary authority itself or by appointing an independent inquiry officer.However it is always desirable to appoint independent inquiry officer for making inquiry under Rule 14 for imposing major penalty so as to avoid any allegations of bias on the part of disciplinary authority. In fact the disciplinary authority should refrain from being an inquiry officer.

 Rule  8 (5)(c) of  M.C.S. (D.& A. ) Rules 1979 provides that where the disciplinary authority  appoints an inquiring authority for holding an inquiry , it may ,by an order ,appoint a Government servant or a legal practitioner to be known as " presenting officer" to present on its behalf the case in support of charge.In fact it is always desirable that a presenting officer is appointed so that the case of the disciplinary authority can be effectively presented and the charges  against the  delinquent employee are proved. Madras high court in case of T.N.Govindrajan v/s Management of Overseas Bank has held that where the regulations provide that the disciplinary authority may  appoint a presenting officer , the disciplinary authority should appoint a presenting officer, if the inquiry officer  has to consider oral evidence led on behalf of the disciplinary authority because the inquiry officer should not be left with the position to to examine the witnesses on behalf of the disciplinary authority.
Taking in to consideration the facts mentioned above it would be clear that the disciplinary authority must appoint a presenting officer otherwise it may be alleged that  appointment of presenting officer was  deliberately not  made with an ulterior motive to exonerate the delinquent employee from the charges levelled against him.

S.D. JOSHI

Increase in the Element Of Concession to men senior citizens from 30% to 40% and Reduction in age limit for women citizens fro 60 10 58

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

COMMERCIAL CIRCULAR No. 18 OF 2011

No.TC11/2161/2011/SRC/Policy                                                                                         New Delhi, dated 13 5.2011

The General Managers (Comml),
All Indian Railways.

Sub: Increase in the element of concession to men senior citizens from 30% to 40% and reduction in the age limit for women senior citizens from 60 to 58 years.

As per existing provisions contained in S.No.36 of Annexure to rule 101 of IRCA Coaching Tariff No. 25, Part-I (Vol. II), Senior citizens of minimum 60 years are eligible for concession in the basic fares of Mail/Express trains and all inclusive fares of Rajdhani / Shatabdi /Jan Shatabdi trains. The element of concession is 30% for men senior citizens and 50% for women senior citizens.

2. As announced by Hon’ble MR in Budget Speech for 2011-12, it has been decided to reduce the minimum age for availing concession from 60 years to 58 years in case for women senior citizens. However, the element of concession will continue to remain at 50%.

3. It has also been decided to increase the element of concession in case of men senior citizens from 30% to 40%. The minimum age will, however, continue to be 60 years in case of men.

4. There will be no change in other terms and conditions.

5. This concession will be admissible on tickets purchased on and after 01.06.2011. In case of tickets already issued for travel on & after 01.06.2011, refund of difference of fares will not be admissible.

6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

7. Wide publicity through various media may be given at regular intervals. Necessary instructions may be issued to all concerned immediately including PRS/UTS immediately and compliance ensured.

(Dr.Monica Agnihotri)
Director Passenger Marketing
Railway Board

Absence Of Presenting officer- Conduct Of Departmental Proceedings

Mr. Ranade, Ex tahsildar from Panvel (Maharashtra) who is  conducting an inquiry
had asked me a question as to whether  it would be right to proceed with the inquiry
in the absence of presenting officer who failed to remain present in spite of notice to him.
My answer to this question is as under.

 It is the discretion of the disciplinary authority  as to whether a presenting officer is
to be appointed or otherwise but it is always desirable to appoint a presenting officer
in the proceeding initiated to impose a major penalty . Once the presenting officer is
appointed , it is his duty to remain present on the day fixed by the inquiry officer for
conduct the inquiry proceeding. If the presenting officer remains absent, it would
amount to indiscipline and  he will be lliable for disciplinary action. for his lapse..

If the presenting officer remains absent in spite of notice to him, the inquiry officer
may adjourn the proceeding and inform  in writing to the disciplinary authority about
the said absence and making it further clear that the inquiry will be proceeded with
on the next date fixed ,even in the absence of presenting  officer. The presenting
officer also be informed accordingly. In-spite of this if presenting officer remains
absent, the inquiry officer  should proceed with the inquiry. If witnesses on behalf
of the disciplinary authority  are present, they should be examined and their
depositions recorded by the inquiry officer . After examination of each witness,
,he should be allowed to be cross examined by the delinquent employee or his
defence assistant.Similarly after examination of each of the witnesses on behalf
of the employee, the inquiry officer should ask the questions to each witness
with a view  to know the all the facts involved in the case so that he will be
able to draw the conclusions and give his findings on each of the charges leveled
against the employee.Then the inquiry should be completed as per the procedure
prescribed in the relevant rules.
.
 REMEMBER THAT THE INQUIRY CONDUCTED IN THE
ABSENCE OF PRESENTING OFFICER  DOES NOT
GET  VITIATED .

NOTE: Queries in relation to conduct of departmental inquiry , if any ,may be
sent to me on my e mail address viz. shridharji@hotmail.com  Reply to such
queries will be given on this blog so that others also can benefit from them

PARDON ME

 FRIENDS,

 FOR THE LAST TWO DAYS THE WEBSITE OF BLOGGER WAS NOT AVAILABLE
AND THEREFORE I COULD NOT WRITE THE THOUGHT FOR TWO DAYS.
PLEASE PARDON ME FOR THE SAME.

Whether the Presenting Officer can be a witness , in Departmental Proceedings ?

 Mr. Ranade, Ex tahasildar, Panvel has asked me two questions. 
The first  question is whether the presenting Officer can be a witness ?
The second question is whether  the inquiry proceedings can ba continued and finalized even in the absence of the presenting officer who fails to remain present inspite of notice to him.

The answer to the first  question is Yes.  The inquiry does not get vitiated on the ground that the presenting officer has appeared as witness.However  whenever the presenting officer appears as witness, after his examination in chief, the delinquent employee or his defence assistant should be allowed to cross examine him.

The reply to the second question will be given on the blog in 2-3 days.

The doubts or questions in regard to departmental inquiries may be sent to me on my email i.d. My email address is shridharji@hotmail.com
with best wishes to one and all,

S.D.Joshi

51% D.A. to Pensioners & Family Pensioners from 1st May 2011

 The State Government has issued G.R. dated 2nd May 2011
increasing D.A. to 51% to the pensionres and family pensioners.

Central government emplyees age of retirement age to be raised from 60 to 62 ?

 It is learnt that the central  government   is  considering
a proposal to raise the age of retirement from 60 to 62 years.

Central government emplyees retirement age likely to be raised from 60 to62

 The central government is planning to
raise the retirement age of all the central
government  employees from 60 t0 62

Central overnment employees retirement age from 60 to 62

 The Government of India is planning to
 extend the retirement age from 60 to 62 years

Payment of fees under the RTI Act by Indian postal Order

                                                 N0.F. 101912008-lR
                                                Government of lndia
                                       Ministry of Penonnel. PG & Pension
                                         Department of Personnel & Training ******
                                                                                          North Block, New Delhl
                                                                                            Dated April 26, 2011
Subject:- Payment of fee under the RTI Act by lndian Postal Order.
The undersigned is directed to say that the Right to information (Regulation of
Fee and Cost) Rules, 2005 provide that a person seeking information under the RTI
Act, 1005 can make payment of fee for obtdning information by cash or demand
draft or banker's cheque or lndian Postal Order. It has been brought to the notice
of this Department that some public authorities do not accept fee through the
lndian Postal Orders.
2. As stated above, one of the approved modes of payment of fee under the
Rules k through Indian Postal Order. Refusal ta accept fee through the IPO may be
treated as refusal to accept the application. It may result into imposition of penalty
by the Central Information Commission on the concerned Central Public Information
Officer under Section 20 of the Act. AH the public authorities should, therefore,
ensure that payment of fee by IPO is not denied.
3. Contents of this OM may be brought to the notice of all concerned.




                                                                                                 K. G. Verma
                                                                                                  Director

      10  THINGS   TO LEARN  FROM  JAPAN’S ENCOUNTER 

      WITH   TSUNAMI

1)       THE CALM

Not a single  individual of chest beating
or wild grief. Sorrow itself has been
elevated to a new level

2)       THE DIGNITY

Disciplined queues for water and groceries.

Not a rough word or a gesture.

3)       THE ABILITY

The incredible architects, for instance

The buildings swayed but did not fall.

4)       THE GRACE

People bought them only what they needed

So everybody gets something.

5)       THE ORDER

       No looting in shops. No honking and no overtaking On the roads. Just understanding.

6)       THE SACRIFICE

Fifty workers stayed back to pump the water from

The reactor. How they will be rewarded ?

  

7)       THE TENDERNESS

Restaurants cut their prices. An unguarded A.T.M.

Left alone. Strong cared for the weak.

8)       THE TRAINING

The old and the children knew exactly what to do.

They did just that.

9)      THE MEDIA

They showed the magnificent restraint in the bulletins.

No silly reporting. Only calm reportage.

10)    THE CONSCIENCE

 When the power went off in a store, people put the things

  back on the shelves and left quitely.