Departmental proceedings against Govt Employees - consultation with the UPSC for advice

N0.39035/0112011-Estt.(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel 8 Training)
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New Delhi, 10th May, 2011

OFFICE MEMORANDUM

Subject:- Departmental proceedings against Government servants - consultation with the Union Public Service Commission for advice.

The undersigned is directed to say that this Department has been impressing upon various Ministries / Departments to complete the disciplinary proceedings by minimizing avoidable delays. In para 3.11.10 of the 4th report of the 2nd ARC titled "Ethics in governance", it has been observed from a sample study that the Administrative Departments take more than 2/3rd of the time taken to process the case under the CCS(CCA) Rules. In the sample study, the Inquiry Officers were found to be taking about 17% of the time and the UPSC about 5% of the time to conclude their findings. This Department has issued OM No.3901111212009-Estt.(B) dated 14.9.2010 reiterating that the requisite details in the proforma to be sent to the UPSC are properly filled up and sent with the relevant documents so that there does not arise occasion for the UPSC to make a back reference to the Ministries / Departments for the deficiencies found by the Commission in the papers sent to them.

2. The UPSC has brought to the notice of this Department that during the year 2010-11 the Commission had to return the case to the concerned Departments in more than 40% of the cases on account of procedural / documentary deficiencies. A list of the common deficiencies observed by the Commission in these cases are / given. in the Annexure.  All Ministries / Departments are requested to ensure that the deficiencies indicated in the Annexure are not repeated in the proposals being sent to the UPSC for seeking its advice on disciplinary matters.

3. Attention of Ministries / Departments is also drawn to this Department's OM  No.3901111212009-Estt.(B) dated 16.11.2010 wherein it has been requested that in cases where the Courts are being apprised of the time taken in finalizing a disciplinary proceeding through affidavit, information in regard to the pendency of  the matter before the UPSC may be correctly projected. The average time taken by the Commission in tendering advice in disciplinary proceedings is about 4 to 6 months. The Commission tender its advice in about 3 months in those cases where priority is attached due to direction of Court. In such cases, in order to sypedite scrutiny of the cases a single window system on pilot basis had been introduced in the UPSC from September 2010 and initially 9 Ministries / Departments were included in the single window system. The Commission has now decided to extend the single window system to all other Ministries / Departments whose offices are situated in Delhi for submission of disciplinary cases involving court cases. Under this system, a Ministry / Department while referring the disciplinary cases to the Commission for advice, is required to authorize a representative, not below the level  of Under Secretary, to hand over the case to the designated officer in the UPSC, with prior appointment. The cases received from a Ministry / Department are initially scrutinized on the spot, in terms of information sought in the Proforma check list issued by this Department. Only cases which are complete as per the check list are
accepted by the Commission for further scrutiny and examination. Incomplete cases are returned at the counter itself after pointing out the deficiencies. In UPSC, the  case records are to be handed over to the Under Secretary (S-1),(Tel No.23387346123098591-Ext.4342) in Room No.10-A located in the Annexure Building of the Commission. The case records should explicitly indicate the status of the CATICourt cases, the fact regarding the time limit for disposal of the case if any and extension sought for providing at least 3-4 months of time to the Commission for
disposal of the case.

4. All Ministries / Departments are requested to adhere to the above procedure for submission of disciplinary cases involving Court cases to the Commission through single window system.

(C.A. Subramanian)

Director

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