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REFRESH RULING KNOWLEDGE FOR CENTRAL GOVERNMENT EMPLOYE
REFRESH RULING KNOWLEDGE FOR CENTRAL
GOVERNMENT EMPLOYEES..
REFRESH RULING KNOWLEDGE FOR CENTRAL GOVERNMENT EMPLOYEES...
1. Whether the divisional superintendent who Is a witness or a party In the ean
case issue charge sheet to an employee, to whom he is disciplinary authority?
No. In such eases an adhoc disciplinary authority must be appointed.
2. Whether any punishment can be Imposed with retrospective effect?
No, No penalty can be imposed retrospectively; it can only be prospective, either
from the date of lsue of punishment order or from a prospectwve date
3. Whether the punishment of reduction of pay aw
affect pension?
No. Any punishment awarded under rule 16 should not affect pension, But if an
inquiry 2s specified under Rule 16(b) is conducted such a punishment can be
imposed.
led under Rule 16
4. Whether promotions can be accorded If the punishment order has not
become operative?
Yes. It shoule be. Promotions cannot be ordered during the currency of
punishment,
5. Can an official be reduced in
appointed?
No. He cannot be reduced to a rank ower than the rank to which he was
originally appointed
nk to a rank lower to which he was originally
6. Whether an order of stoppage increments with cumulative effect will affect
seniority?
No, But an order of redu
2s such (ule 11 Goi 10)
n to a lower rankipost will affect seniority I ordered
7. What is the DOPT instructions, in determination of seniority in case of
reduction to a lower rank/post?
8 After acquittal from court on criminal charge, whether the dept can take dise
action on the same charge?
NO, if the official is acquitted honourably. But ifthe acquittal is for lack of evidence
etc... Dept can proceed, iit has got enough evidence to prove the charge. This
because the standards of proof required in a dept! inquiry and in ciminal
proceedings are cifferent,
9 Whether an officer holding current charg
attached to the post?
No
410 Whether the lower authority (SP) can award major penalty to an official
can exercise the dise powers
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REFRESH RULING KNOWLEDGE FOR CENTRAL GOVERNMENT EMPLOYE
appointed by the higher authority (SSP)?
No. No civil servant shall be cismissed or removed from service, by an authority
subordinate to eppolnting euthorty.
One official may have many appointing authorities In every stage of promotion
etc... Therefore the highest authorty among these appointing authorities can only
Impose major penalties.
11 What is the period after which a suspension order wi
reviewed?
‘as per sub Rule 10 sub rule 68:7(ccs (cea) the Ist suspension order will remain In
force only for 90 cays. Before the expiry of 90 days the suspension order willhave
to be extended based on the recommendations of the review committee The
review committee can also recommend extension of suspension only up to 180
cays ata time
have to be
12 Whether the suspension order can be prolonged with out the issue of
charge sheet?
Yes f the review committee recommends extension, but t wil be difcut to justify
such prolonged suspension. CAT Bangalre in a judgement in case of
AS.Krishaamachari vs UOT 1993(1) LiL (cat)195 Bangalore held that non issue of
charge sheet even after 180 days iS unjustified and quashed the suszension
order.
13 weather the committee Is empowered to extend suspension beyond 180 at
atime?
Yes. But n
of 180 days
1.2 time, the committee has to review suspension before the expiry
44 Weather the closed cases can be reopened?
Yes. The reviewing authority after giving a cue notice to the concemed offical
with In the peroe preserbed for such a review can revise the order earlier made
by the disciplinary authority.
15,16 &17 Omites
418 What Is the financial power of LSG& HSG POSTMASTERS?
Rs 30/- to ISG and Rs 60/-to HSG, Subject to availabilty of funds allotted by DO
19 Can an authority force an offi
for mentally disabled?
No, AS per DOPT orders dated 19-01-2004 no establishment shall dispose with or
reduce in rank an employee who acquired disabilty during his service, In case if it
's not possiole to adjust him against any post, he may be kept on a super numery
post unti a sutable post Is found or made avaliable or till the date of his
retirement on superannuation. This order is based on the amended provisions of
the section 47 af the" persons with disabilty actt995"
jal to take VR When he becomes physically
prescribed for disposal of representations
jady placed under suspension can function as
Defence Assistant in other Case?
Yes: As per the Rule 14 (18) of CCS (CCA) rules 1965, It ls permissible. This has
been examined by the Kerala High Court and opined that there Is no cule that a
person under suspension fs not entitled to Assist another Govt, Servent in enqulry
proceedings,
23, What are
awarded?
The day can be marked gs ‘Dies non’ only under the following three
circumstances.
N the circumstances under which, the Dies non can be
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REFRESH RULING KNOWLEDGE FOR CENTRAL GOVERNMENT EMPLOYE
|) When the official remains absent from duty without prior information.
1H) When on duty In office, the offical leaves the office without proper permission ;
and
i) The offical remains in offce, but refuses to perform duty assigned to him. In
any creumstances , dies non should not be Issued without issulng show a cause
notice
24. Whether late coming to office can be treated as ‘Dies non’?
No, A day on which an official comes ate and works throughout the day during
office hours will not be marked as dies non. Treating this Gay as ‘Dies non’ for
coming late is not contemplated in the rules. The proper course in such case
would be debi the ¥4 day casual leave account of the official as per instructions
This is confirmes in the DG's letter dated 26.12.79
Further the Department in its letter dt 22.07.75, has stated that Hel day CL
should be debited to the CL account of a Government Servant for each late
attendance up to one hour on not more than twa accasions may be condoned by
the competent authority ihe is satisfied
25. What is the position in case if no casual leave for debiting to tate
attendance? If the leave sanctioning authority does not want to condone the
delay, what action can be taken?
Ian official who has no casual leave to his credit comes late without sufficient
Justincation and the administrative authorty Is not prepared to condone the late
coming, he may inform the offal that he will be treated as an unauthorised
absence fer the day on which he come late and leave it
either to face unauthorised absence or to apply for earned leave or any kind of
leave due and admissible forthe entire day, the same may be sanctioned. This Is
order of the Ministry of Home Affairs dt 05.03.82 As such Question of dies non will
rot arise in such cases.
the official himsett
26. A rule 14 charge sheet was issued to the official and he died when the
cease was under enquiry stage. What will be the fate of charge sheet? Whether
the family will bet pensionary benefits?
‘As per the DOPT order dated 20.10.98, where a Government Servant dies curing
the pendency of the inquiry(le) without charges being proved against him,
imposition of penalty is not justifiable. Therefore the disciplinary proceedings
should be closed immediately. Family of the offical is fully entitled to avai all the
retirement / pensionary benef the family of the deceased
employee,
ts os avellable &
27. Whether the adverse entry In the confidential report Is operative In case
the representation made against the same is pending with the appellate
authority?
Adverse remarks should not be deemed to be operative, if any representation
fled with in the prescribed limt is pending. Further, the representation should be
ecided with in three months by the competent authorty.
28. What is the time limit for making representation against adverse entry?
‘As per the old rules, only one representation against adverse entries should be
allowee within ane month of thelr communication, Even belated representations
may be considered if there 's satisfactory explanation for the delay ( DOPT onder
Gt 31.10.61}. An appeal against rejection of representation against adverse
entries can be made with in six months after such rejection. Now the CR system
has been modified as APAR (Annual Performance Assessment Report, AS per the
rnew schemes 15 days times for the receipt of communication willbe given,
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