Departmental proceedings against Govt Employees - consultation with the UPSC for advice
View the DoPT Circular Below.
N0.39035/0112011-Estt.(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel 8 Training)
~~~
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
Download DoPT Circular Below
Departmental proceedings against Govt Servants – UPSC for advise
Department of Personnel & Training (DOP&T) O.M:
Subject: Departmental proceedings against Government Servants - Consultation with the Union Public Service Commission for advice.
This Department had set up a Committee of Experts under the chairmanship of . Shri P.C.Hota, former Chairman, UPSC to suggest measures to expedite the process involved in disciplinary vigilance proceedings. In its Report, the above Expert Committee has obsess at present in as many as 40% cases of disciplinary inquiries referred
to the UPSC for advice, the case records are deficient in terms of requisite information wanted by the UPSC as per the Performa 
View the order below.
NO. 3901 111212010-Estt.(B)
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel 8 Training)
North Block, New Delhi,
14th september, 2010
OFFICE MEMORANDUM
Subject:- Departmental proceedings against Government Servants- Consultation with the Union Public Service Commission for advice.
The undersigned is directed to refer to this Department's O.M. of even no. dated 10'" May, 2010 on the subject mentioned.above forwarding the updated Proforma (copy enclosed) for forwarding the disciplinary cases to UPSC wherein all / Ministries / Departments have been requested to ensure that the complete and timely reference on disciplinary matters (under Article 320(c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation) Regulations, 1958 is
made to the UPSC allowing sufficient time to the Commission to give its advice.
This Department had set up a Committee of Experts under the chairmanship of. Shri P.C.Hota, former Chairman, UPSC to suggest measures to expedite the process involved in disciplinary / vigilance proceedings. In its Report, the above Expert Committee has obsessed at at present in as many as 40% cases of disciplinary inquiries referred
to the UPSC for advice, the case records are deficient in terms of requisite information wanted by the UPSC as per the proforma prescribed and therefore returned by the UPSC to the Department / Ministry for rectification of the deficiencies which causes avoidable delay in the Department / Ministry getting timely advice from the UPSC. In order to ensure prompt disposal of disciplinary inquiries by Departments / Ministries, the Expert Committee has recommended that before the case records in a Disciplinary Inquiry are sent to the UPSC for advice, the Joint Secretary / Director / Deputy Secretary in charge of the matter in the concerned Department / Ministry must give a certificate in writing that the case records are being sent to the UPSC for advice
after complying with all items in the standard "Proforma" by the
Department / Ministry. The expert Committee has suggested that if the certificate of Joint Secretary / Director / Deputy Secretary is found to be defective, as all items in the standard proforma have not been complied with before furnishing the certificate and the certificate has been issued in a slip-shod manner, the concerned Joint Secretary1 Director / Deputy Secretary of the Department / Ministry should be held responsible.
In view of the above, it is reiterated that all Ministries / Departments may ensure that all the requisite details in the proforma are properly filled up and sent with the relevant documents required to be sent to the UPSC so that there does not arise occasion for the UPSC to make a back reference to the Ministries / Department for the deficiencies found by the Commission in the papers sent to them. While forwarding the case records to the UPSC, a certificate shall be appended duly signed by the concerned Joint Secretary that the case records are being sent to the UPSC for advice after complying with all the items as applicable in the proforma by the Ministry I Department concerned. In future, if the UPSC has to return the documents in this regard for correct filling up and forwarding of the requisite documents stated in the proforma, the
Commission may address the letter to the Secretary in the Ministry1 Department. In case it is found that the Proforma had been forwarded to the UPSC in a casual manner, the Secretary in the Ministry I Department may issue a written warning to the Joint Secretary 1 Director 1 Deputy Secretary concerned to be more careful in future. A second time default by the same officers shall invite minor penalty proceedings against them.
Under Secretary to the Government of India
8 23093175
B 23093180
E-Mail: rakesh.moza@nic,in
To
All Ministries / Departments of Government of India
