Suspension not a punishment but it should not be resorted as a routine.

It is settled principle of law that the appointing authority / disciplinary authority has authority to suspend an employee pending departmental inquiry. However the Apex Court in well known case of " State of Orissa v/s Bimal Kumar Mohanty has held that the order of suspension should be passed after taking into consideration the gravity of the misconduct sought to be inquired and the nature of evidence before the appointing authority/ disciplinary authority and such authority on application of mind pass the order of suspension and then consider whether it is expedient to place the employee under suspension. It should not be administrative routine or automatic order to suspend the employee.

The above said judgement of the supreme court in case Stateof Orissa v/s Bimal Kumar Mohanty is available on this blog in the list of Important judgements under heading " Disciplinary Proceedings- Important judgements. Those interested can get the said judgement downloaded.

Revised scheme for induction into IAS /IPS /IFS- Excellent Opportunity for talented young officers

The Government of India has published the revised scheme in the method of induction of SCS /Non-SCS / SPS / SFoS Officers to IAS,IPS and IFOS.

2. According to the said scheme U.P.S.C. will hold a Common Annual Examination on one single day at UPSC, New Delhi for induction to each of the ALL India Services, viz. IAS, IPS, IFOS. According to the revised scheme the selection will be made considering the marks obtained in the four components viz Written test 30%), length of service (25%), Assessment of ACRs (25%) and interview(20%) for SCS officers and for Non SCS officers Written test (55%), Assessment of ACRs(25%) and interview(20%).

3.The written examination will have following papars

Paper I - Aptitude test (Objective type questions)

Paper II -Part A- General Studies (Objective type questions)
              Part B-  State specific and service specific questions (Objective type questions)

Paper III (Only for Non SCS Officers)-   Essay, Comprehension and Essay Type

4. Minimum length of service prescribed is  8 years service in Group A in the state for all the categories.

5. Maximum Age limit will be 54 years.

6. Zone of consideration will be three times the number of vacancies in a State in respect of SCS/SPS/SFoS. In respect of Non SCS officers the screening committee constituted by the State Government for short listing  will the names of officers will forward the names to the Selection committee. The size of the short list will be 5 times of the number of.vacancies.  and 

7.The revised scheme  provides excellent opportunity to young and talented officers especially in SCS,SPS & SFoS.

8. The above revised scheme is available , on this blog at serial no 7 in the list of documents under title  " Worth Visiting" .Those interested may get it downloaded.

Ordering fresh/ denovo inquiry,because of disagreement with findings of Inquiry officer,- illegal

The disciplinary authority , in case he differs with the findings of inquiry officer, he has to record his tentative findings with the reasons there-for and communicate them along with the Inquiry report and give an opportunity to the delinquent employee to  give his say. After considering the reply the disciplinary authority is to pass the appropriate order imposing the penalty or otherwise. It will be illegal on the part of disciplinary authority to  order a fresh / de novo inquiry just because he does not agree with the findings of Inquiry Officer.  The Supreme court in case of  K.R. Deb v/s  Collector of Central Exercise, AIR 1974 SC 1447 has laid down the said law.

The above said judgement is available on this blog  in the list of Important Judgements under the caption of " Disciplinary Proceedings- Judgements" Those interested can get it downloaded. 

Rules under The Sexual Harassment at workplace (Prevention, Prohibition and Redressal ) Act 2013 " .

The Government of India has  has published the Rules under  "The Sexual Harassment at workplace (Prevention, Prohibition and Redressal ) Act 2013" in the  Government Gazette dated  9 th December 2013.

 The copy of the said Act is available on this blog in the material on "sexual harassment at work place " in the column titled "Worth Visiting ". Those who are interested can get it downloaded.

Disciplinary Proceedings to impose Minor penalty and Retirement of Government Servant

As per provisions in Rule 27 of M.C.S.(Pension) Rules 1982,the State Government has a right to withhold or withdraw a pension or part thereof permanently or for a specific period also order recovery of pecuniary loss caused to Government, from the pension, if employee is found guilty of grave misconduct or negligence during his service.

The above said Rule also provides that the Departmental proceedings instituted while the employee was in service shall be continued even after his retirement and finalized in the same manner as if the employee had continued in service. The departmental proceedings mentioned here refers only to the proceedings instituted to impose Major Punishment under Rule 8 0f M.C.S.(D.&A.) Rules 1979 and not proceedings to impose Minor punishment under Rule 10 of the said Rules.

 If  disciplinary proceedings are  initiated to impose minor punishment under Rule 10 of Disciplinary rules during the service, it is obvious that employee is not alleged to have committed grave misconduct or negligence and no action can be taken to withdraw or withheld the pension of an employee as provided in Rule 27 of Pension Rules. Therefore the proceedings initiated to impose minor punishment under Rule 10 of Disciplinary Rules,  will have to be finalized before his retirement. If they could not not be finalized before the retirement, they will have to be dropped and the employee is paid all his pensionary benefits including Gratuity.

A copy  of Ministry of Home Affairs’, Department of Personnel and Administrative Reforms, Government of India, O.M. No. 134/10/80-AVD.I dated 28.2.81 clarifying the position is reproduced below.
  
Sub: Minor penalty proceedings pending against Government servants who are due to retire from the service. 
*** 
         The undersigned is directed  to say that sub-rule [1] of Rule 9 of the C.C.S. [Pension] Rules, 1972 confers on the President the right to withhold or withdraw the pension or a part thereof, either permanently or for specified period, and to order recovery from the pension, of the whole or a part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service including service rendered upon re-employment  or retirement.  Sub-rule [2] of this rule provides that the departmental proceedings, referred to in sub-rule [1], if instituted before the retirement of a Govt. servant or during his re-employment shall after his final retirement, be deemed to be proceedings under this rule and shall be continued and concluded.  Accordingly, the minor penalty proceedings and the major penalty proceedings, which are instituted against a Govt. servant while in service and which do not get concluded before the date of retirement, automatically become proceedings under rule 9 ibid.  However, since grave misconduct or negligence cannot be established as a result of minor penalty proceedings, action under Rule 9 ibid for withholding or withdrawing pension etc., cannot be taken against a pensioner, in respect of whom minor penalty proceedings had been instituted while in service but which do not get concluded before retirement and have hence continued after retirement.  Such minor penalty proceedings continued beyond retirement,  therefore, do not literally have any effect on the pensioner in the matter of reducing or withholding of his pension.  The disciplinary authorities under the Department of Agriculture etc., are requested to take note of this position and take steps to see that minor penalty proceedings, initiated against  Govt. servants, who are due to retire, are finalized quickly and in time before the date of retirement, so that the need for continuing such minor penalties proceedings beyond the date of retirement does not arise.   

A REVEALING STORY ​ABOUT THE GREAT SHIVAJI

A small country like Vietnam brought​ a Mighty USA to it's knees. President of Vietnam was asked by reporters, how could they achieve that feat ?

He replied that " I read the character & deeds of a great King, who
 inspired me to try his war tactics against the US Forces..and the success  just followed."
 When asked who was the King , he replied "Shivaji. " He further added that "had  such a King been born in Vietnam, we would have ruled the world " After the  death of the said Vietnamese President, he had it inscribed on his  tombstone " Shivaji Maharaja's One Mavla, has achived Samadhi " ( Since  Shivaji's soldiers belonged to Maval region of Maharashtra, they were  called Mavlas )
 A few years later the Vietnamese, Lady Foreign Minister visited India, and  as per SOP conducted to Red Fort and Gandhi's Samadhi. She asked where is  "Shivaji's Samadhi" ? The Govt officials went into a flutter, and replied  that " at Raigadh". She expressed her desire to visit the same. On reaching  the Samadhi at Raigadh, & paying her tributes, she picked up the soil  around the samadhi and and put it into her briefcase. When questioned by
 reporters, she answered " This soil is of land of braves..once I return to  Vietnam, I will mix it with soil of my country, so that brave people like  Shivaji will be born there."

Hand Book for Personnel Officers in Government Of India

Institute of Secretariat Training & Management (Department of Personnel & Training)Hand Book for Personnel Officers. The DOPT has issued many guidelines, orders and instructions relating to various aspects of personnel Policy especially in respect of Recruitment, training, Career  Development and staff welfare. All these orders, instructions and guidelines have been complied in the latest version of Hand Book. 

Though this hand book is for Personnel Officers working in various departments in the Ministries of Government of India, the State Government servants will also find it  very useful in understanding various aspects relating to Recruitment, training. Therefore of this  Hand Book   has been uploaded on this blog. Those who are interested can get it downloaded.