No.11012/05/2015-Estt (A-III)
Government of India
Ministry of Personnel, Public
Grievances and Pensions
Department of Personnel and Training
******
North Block, New Delhi-110 001
Dated : 14th July, 2016
OFFICE MEMORANDUM
Subject: Central Civil Services (Classification,
Control and Appeal) Rules, 1965- Advice of the Union Public Service Commission
(UPSC) to be communicated to the delinquent Government servant — when a penalty
is set aside-clarification.
Undersigned is directed to refer to
the Department of Personnel and Training OM No. F. No. 11012/8/2011-Estt.(A)
dated the 19 th November, 2014 on the above subject and to say that Hon'ble
Supreme Court had in Union Of India & Ors vs S.KKapoor, 2011 (4) SCC 589
decided that where the report of the Union Public Service Commission is relied
upon by the Disciplinary Authority, then a copy of the same must be supplied in
advance to the concerned employee.
3.
Representations received from
Government servants asainst penalty in such cases may be dealt with in the
following manner. Cases decideZ before the date of this judgement, i.e., 16th
March, 2011 need not be reopened. In cases decided after 16th March, 2011,
where a penalty was imposed after relying upon the advice of UPSC, but where a
copy of such advice was not given to the Charged Officer before the decision,
the penalty may be set aside and inquiry taken up from the stage of supply of
copy of the advice of UPSC.
4. In cases where a penalty of dismissal,
removal or compulsory retirement has been imposed, the Charged Officer, if he
has not reached the age of superannuation, shall be deemed to be under
suspension from the date of original penalty as per rule 10(4) of CCS (CCA)
Rules, 1965.
5.
Cases where the Government servant
has retired shall be dealt with as per rule 69 of CCS (Pension) Rules, 1972. In
the cases of any other penalties, only the penalty will be set aside, but no
consequential benefits like arrears of pay shall be allowed. This will be
decided by the Competent Authority after conclusion of the further inquiry.
Similarly, in a case where a penalty of recovery has been imposed, if the
recovery is being made in installments, the recovery shall be suspended pending
finalisation of the further inquiry. No refund of the recovery already effected
will be made. Whether the money already recovered has to be refunded will
depend on the decision of the Disciplinary Authority. Where a penalty of
withholding of increments has been imposed, if a withheld increment has become
due, the same may be released. There is no question of release of any arrears
till finalisation of the proceedings.
6.
Hindi Version follows.
(Mukesh Chaturvedi)
Director (E)
Tel No.23093176
To
All Ministries/ Departments of the
Government of India.
Copy
to:
1.
President's Secretariat, New Delhi.
2.
Vice-President's Secretariat, New
Delhi.
3.
The Prime Minister's Office, New
Delhi.
4.
Cabinet Secretariat, New Delhi.
5.
Rajya Sabha Secretariat/Lok Sabha
Secretariat, New Delhi.
6.
The Comptroller and Auditor General
of India, New Delhi.
7.
The Secretary, Union Public Service
Commission, New Delhi.
8.
The Secretary, Central Vigilance
Commission, New Delhi.
9.
The Secretary, Staff Selection
Commission, New Delhi.
10. All attached offices under the Ministry of
Personnel, Public Grievances and Pensions.
11.
Secretary, National Council (JCM), 13,
Feroze Shah Road, New Delhi.
12.
Chief Vigilance Officers of all
Ministries/Departments.
13. ADG (M&C), Press Information Bureau,
DoP&T
14.- NIC, Department of Personnel & Training,
North Block, New Delhi (for uploading the same on the website of this Ministry
under the Head OMs & Orders _* Establishment CCS(CCA) Rules.
