Thought for Today 26 th August 2015

Company of good people is like walking in a shop of perfumes, Whether you buy the perfume or not , you are bound to receive the fragrance.

Thursday, 30 July 2015

Simultaneous Criminal & Disciplinary Proceedings - Practical Guidelines

The departmental authorities always face a problem as to whether they should initiate the departmental proceedings when criminal action is taken against employee. The finalization of the criminal proceedings take a long time and it is not desirable to continue the tainted employee unpunished.Therefore the following practical guidelines are mentioned below for the consideration and adoption by the departmental authorities.
1) Remember that departmental proceedings are different from criminal proceedings, though based on same transaction or incident. Departmental action is for violation of departmental rules.
2) The question of stay of departmental inquiry does not arise if the charges are different from those in the criminal case.
3) Issue the charge sheet for departmental proceedings without any delay.
4) Please see that a charge other than the criminal charge like, breach of specific conduct rule is also    included in the charge sheet in addition to a criminal conduct.
5) Oppose the application for stay of departmental proceedings, if filed by the employee in a court. Please site various  court judgments which have ruled that simultaneous proceedings can be initiated.
6) If the court grants stay , take the steps to get the stay vacated.
7) Remember that the departmental proceedings can be conducted with the help of certified copies of the documents filed in criminal court.

If the above guidelines are followed it will be possible to ensure that immediate action is taken against the erring employees .

Sunday, 26 July 2015

Acquittal in disproportionate assets case- No immunity from departmental disciplinary action

The Supreme Court in case of disproportionate  Assets case ( Govt. Of India V/S C. Murlidhar, 1997 Lab IC(SC) 284) has held that the acquittal of the employee in criminal case does not mean that no departmental proceedings can be started against him in respect of the transactions done without intimation or permission of the authorities concerned. It means despite of the acquittal of the employee in case of having disproportionate assets case, the departmental proceedings can be initiated for violation of conduct Rules.   

Thursday, 23 July 2015

Steps for conducting inquiry in case of allegation of Sexual Harassment

There are number of instances where there are allegations of sexual harassment against the Government Servants. In most of the offices Complaints committees have been formed but the experience has been that the Chairmen and  Members of the complaints committee are not conversant with the procedure of conduct of inquiry with the result the orders imposing penalty against the delinquent employees are set aside by the appellate authorities or the Tribunals/Courts. Therefore the Department of Personnel and Training have circulated " Steps for conducting inquiry in case of allegation of Sexual Harassment" under their O.M. dated 16th July 2015. The said O.M. is made available on this blog at Serial No.10 under the caption "Worth Visiting" in the right side bar.

The persons interested may get it downloaded, if required.

Friday, 10 July 2015

No work yet pay" applies only in case of compulsory waiting for joing duty

Elucidating the principle of ‘No work, no pay’, the bench of Madan B. Lokur and Kurian Joseph, JJ held that the aforementioned principle is the rule and it’s exception is ‘no work, yet pay’. Citing the instance of such exception, the Court said that compulsory waiting period is one such exception and to qualify for the exception, an employee has to establish that he had made earnest endeavors and yet that he was not able to join duty for no fault on his part. Furthermore, he must also show his earnestness to join duty.Voluntary waiting is not covered under exception.

Wednesday, 11 February 2015

WHAT IS MISCONDUCT ?

There are conduct Rules for State Government Employees and also for Central Government Employees. These Rules provide as to what sort of Conduct is expected from the employees. The employees who do not observe these rules are liable for disciplinary action. However what is misconduct is no where mentioned or explained.

The disciplinary authorites are required to mention in the charge sheet as well as in the statement of allegations the misconduct of the charged emplyee. It is therefore necessary for the disciplinary authorites and all concerned to know the concept and clear cut meaning of " Misconduct. The Supreme court and the High Courts while delivering the judgements relating to disciplinary proceedings have defined the "Misconduct"  and has also explained  various facets relating to Misconduct. The important judgements in the following 8 cases are uploaded on this blog and they are available at S.No 27 to 34 in the list under cation, " Disciplinary Proceedings - Judgements- Important Judgements.

It is recommended that all cocerned may get these judgements downloaded and study them carefully so that the concept of Misconduct is clear to them. 

1) Baldev Singh Gandhi  v/s State of Punjab
2) M.M.Malhotra v/s Union of India
3) J.J. Mody v/s State of Bombay
4) Union Of India v/s J. Ahmed
5) A.L.Kalra v/s P.&E. Corporation
6) State of Punjab v/s Ram Singh
7) Union of India  v/s K.K. Dhavan
8) B.C. Chaturvedi v/s Union of India

Thursday, 25 September 2014

Guidelines on framing / amendment/relaxation of Recruitment Rules and Service Rules were

                                        No.AB-14017/61/2008-Estt.(RR)
                                                     Government of India
                                      Ministry of Personnel P.G.& Pensions
                                     Department of Personnel & Trainipg t**
                                             North Block, New Delhi
                                                Dated: 24.09.2014
                                              OFFICE MEMORANDUM


Attention is invited to this Department's O.M. No.AB. 140 17/48/20 10-Estt (RR) dated 31St December, 2010 vide which Guidelines on framing / amendment/relaxation of Recruitment Rules and Service Rules were issued.

2. Department of Personnel & Training, with the approval of thecompetent authority, has decided that henceforth all the Cadre
Controlling Authority of Organized Group 'A' Service, before referring any proposal for framing/amendment in the Service Rules of the Organized
Services, are required to put the proposed amendments/revision in theService Rules on their website for 30 days for inviting comments from
the concerned officers.

3. Thereafter, taking into account the comments so received, theproposal would be sent to DoPT, UPSC and Ministry of Law for
finalisation.

4. All the Cadre Controlling Authorities are, therefore, requested to adhere to these instructions scrupulously. Proposal referred to, this
Department without following the aforesaid procedure, would not be entertained.

                                                                                                 

                                                                                                    (Jitendra *l

Thursday, 18 September 2014

Payment of Dearness Allowance to Central Government employees – RevisedRates effective from 1.7.2014

                                                        
                                                                                                                                            Office Memorandum                 18-9-2014              

Subject:  Payment of Dearness Allowance to Central Government employees – RevisedRates effective from 1.7.2014.

     The undersigned is directed to refer to this Ministry’s Office Memorandum No. No. 1/1/2014-E-II (B) Dated: 27th March, 2014 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 100 % to 107 % with effect from 1st July, 2014.

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 installment 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 in consultation with the Comptroller and Auditor General of India.

                                                                                                                                                                                    K.D.Sharma
                                                           Under Secretary to G.O.I.