Thursday, February 19, 2015
Supreme Court sets bar on suspension of Govt employees
A government employee can't be kept suspended for more than three months if not formally informed about the charges, the Supreme Court said Monday.
Based on the principle of human dignity and the right to speedy trial, the landmark verdict is expected to affect lakhs of government employees across India, many of whom are under suspension for years pending departmental proceedings.
"Suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration," a bench headed by justice Vikramjit Sen said.
If the charge sheet or memorandum of charges was served within three month, the suspension could be extended, it ruled.
"If it (suspension) is for an indeterminate period or if its renewal is not based on sound reasoning…, this would render it punitive in nature," the court said.
It agreed with petitioner's senior counsel Nidhesh Gupta that a suspension order can't continue for an unreasonably long period.
Protracted periods of suspension had become the norm and not the exception that they ought to be, the court said. It drew a parallel with criminal investigation wherein a person accused of heinous crime is released from jail after the expiry of 90 days if police fail to file the charge sheet.
The suspended persons suffers even before being charged and "his torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination". "Much too often this has now become an accompaniment to retirement," the court said, setting aside a direction of the central vigilance commission that required departmental proceedings to be kept in abeyance pending a criminal investigation.
The government, however, was free to transfer the officer concerned to any department in any of its offices to ensure the employee did not misuse contacts for obstructing the probe, the court said.
The order came on a petition filed by defence estate officer Ajay Kumar Choudhary, who was suspended in September 2011 for allegedly issuing wrong no-objection certificates for the use of a four-acre land parcel in Kashmir. After failing to get relief from the Delhi high court, Choudhary had moved the top court in 2013.
Since a charge sheet had already been served on Choudhary, these directions would not apply to his case, the court said.
Source : http://www.hindustantimes.com/india-news/supreme-court-sets-bar-on-suspension-of-govt-employees/article1-1317561.aspx
Wednesday, February 18, 2015
Importance of following the due process in disciplinary proceedings-regarding.
To view please Department of Personnel & Training OM No. 11012/3/2015-Estt.A-111 dated 18-02-2015 please Click Here.
Central Civil Services (Conduct) Rules, 1964 and The Lokpal and Lokayuktas Act-2013-Submission pf declaration of assets and liabilities by the public servants for each year-regarding.
All Government Servants have been advised that:
(i) The annual Immovable Property Return (IPR), as on 31.12.2014, under the existing CCS (Conduct) Rules, 1964 is required to be filed on or before 31.01.2015;
(ii) The first return under the Lokpal and Lokayuktas Act, 2013 (as on 01.08.2014) should be filed on or before 30.04.2015; and
(iii) The next annual return under the Lokpal and Lokayuktas Act, 2013, for the year ending 31.03.2015, should be filed on or before 31.07.2015.
In this regard it has been directed that all preparatory steps for the purpose of filing returns under the Lokpal and Lokayuktas Act, 2013, be put in place. An online system for filling the annual declarations of assets and liabilities by the public servants, as in PRISM (Property Related Information System) for IAS officers developed by NIC, may be adopted.
Transport Allowance and Travelling Allowance Rules at a glance
The concept of Transport Allowance was introduced by the 5th CPC to defray the cost of commuting between residence and office. The 6th CPC while recommending CCA to be subsumed in Transport Allowance. Transport Allowance is given to the Central Government employees for their everyday commute to and from the workplace. Based on their Grade Pay or Band Pay, this could be anything between Rs. 400 to Rs. 3200 per month. It also depends on the population of the city or town where the office is located. Transport allowance is twice the normal amount for physically challenged employees.
Travelling allowance is given to employees who have to travel out of station for official work. There are a number of rules, guidelines and restrictions that control travelling allowance. DOPT and the Ministry of Finance issues amendment orders related to travelling allowances from time to time.
Traveling allowance differs based on the employee’s grade pay. The ‘Grade Pay’ for determing the TA/DA entitlement is as indicated in Central Civil Service(RP)Rules 2008. Depending on the grade pay, the employee has to opt for the appropriate class of accommodation while travelling via bus, train, ship or by aeroplane. The employee can refund only that amount that he is entitlement for. The Finance Ministry order published on 23.9.2008, OM explained the details of the Travelling allowance and entitlements for Government officials as per title given below…
Government officials on Tour: Travelling Allowance and Entitlements, Entitlement for journeys on tour and travel entitlements within the country, International Travel Entitlement, Mileage allowance for journeys by road, Daily Allowance, Travelling allowance on Transfer, Transfer Grant and Packing Allowance, Transportation of Personal Effects, Transportation of Conveyance, Travelling allowance Entitlement of Retiring employees, Lumpsum Transfer Grant and Packing Allowance
Daily Allowance : If the official tour on is of longer duration, then the employee is paid Daily Allowance to meet his boarding and lodging expenses. This too depends on the Grade pay of the employee. This is what is known as TA/DA.
While seeking the TA/DA claims, the employee has to present receipts and bills. In this regard, the notification, that senior officials are not required to submit the boarding passes while seeking reimbursement of their air travel expenses, was confusing. The order is not applicable to Group ‘C’ employees.
But some have misunderstood the order and have assumed that it was for the air travel facility that is available as part of the Leave Travel Concession.
Our of Father of APS Brig DS Virk AVSM and Introduction of APS Trade Test for JCOs
Sir, you may aware of Army Postal Service Corps, which was raised from Army Service Corps during 01 Mar1972 by the Brigadier D.S.Virk, A.V.S.M. who has neck named now as our father APS. He had written many Postal Books during his later years. He was also an philatelists as well as world as a Jury in the Federation International philatelic Member too. He joined the Post and Telegraphs Department in the year of Hitler's War, 1939, He was given thorough training for two years in the duties of a superior Postal officer which included a mastery of departmental rules and regulations and the law of the land, not a word was said about the existence of philately. He became aware of stamp collectors only
when they complained about removal of stamps from their foreign letters...........The incidents and experiences of those journeys and missions would have made an interesting contribution to Postal History, if only He had kept some diary, notes or photographs of those days.....
Sir I had worked under him during 1989 to 1992,, in which I assisted his two BOOKs one is The Indian Postal History 1873 to 1923 and another one is the China Expeditionery Force. After a cape of two decades I had made a write up about our author in which it was published in the Journal Army Postal Service are in attach files for publishing in the SA Posts for reaching to the masses of viewers who are not still aware off .............. Majority of them working APS, are deputationist from department of posts officials.... as PA...
With regards & wishes
Ex WO P Anilkumar
(Presently working as
Marketing Executive
Thuckalay HPO 629175
Kanniyakumari District
Mobile: 09112118155
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| Indian Postal History 1873-1923 |
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| The China Expeditionery Force |
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