1.
Whether the divisional superintendent who is a witness or a party in the can
case issue charge sheet to an employee, to whom he is disciplinary authority
No.
In such cases 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 issue of punishment order or from a prospective date
3.
Whether the punishment of reduction of pay awarded under Rule 16 will affect
pension?
No.
Any punishment awarded under rule 16 should not affect pension. But if an
inquiry as specified under Rule 16(b) is conducted
such
a punishment can be imposed.
4.
Whether promotions can be accorded if the punishment order has not become
operative?
Yes. It should be. Promotions cannot be ordered during the currency of
punishment.
5.
Can an official be reduced in rank to a rank lower to which he was originally
appointed?
No.
He cannot be reduced to a rank lower than the rank to which he was originally
appointed
6.
Whether an order of stoppage increments with cumulative effect will affect
seniority?
No. But an order of reduction to a lower rank/post will affect seniority, if ordered
as such (Rule 11 Goi 10)
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 disc
action on the same charge?
NO, if the official is acquitted honourably. But if the acquittal is for lack
of evidence etc... Dept can proceed, if it has got enough evidence to prove the
charge. This is because the standards of proof required in a deptl inquiry and
in criminal proceedings are different.
9
Whether an officer holding current charges can exercise the disc powers
attached to the post?
NO
10
Whether the lower authority (SP) can award major penalty to an official
appointed by the higher authority (SSP)?
No. No civil servant shall be dismissed or removed
from service, by an
authority subordinate to
appointing authority.
One
official may have many appointing authorities in every stage of promotion
etc... Therefore the highest authority among these appointing authorities can
only impose major penalties.
11
What is the period after which a suspension order will have to be reviewed?
As
per sub Rule 10 sub rule 6&7(ccs (cca)) the 1st suspension order will
remain in force only for 90 days. Before the expiry of 90 days the suspension
order will have to be extended based on the recommendations of the review
committee The review committee can also recommend extension of suspension
only up to 180 days at a time.
12
Whether the suspension order can be prolonged with out the issue of charge
sheet?
Yes
if the review committee recommends extension, but it will be difficult to
justify such prolonged suspension. CAT Bangalore in a judgement in case
of A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195 Bangalore held that
non issue of charge sheet even after 180 days is unjustified and quashed
the suspension order.
13
weather the committee is empowered to extend suspension beyond 180 at a time
Yes.
But not at a time, the committee has to review suspension before the
expiry of 180 days
14
Weather the closed cases can be reopened?
Yes.
The reviewing authority after giving a due notice to the concerned official
with in the period prescribed for such a review can revise the order earlier
made by the disciplinary authority.
15,16
&17 Omitted
18 What
is the financial power of
LSG&
HSG POSTMASTERS?
Rs
30/- to LSG and Rs 60/- to HSG, Subject to availability of funds allotted by DO
19 Can
an authority force an official to take VR When he becomes physically or
mentally disabled?
No.
As per DOPT orders dated 19-01-2004 no establishment shall dispose with or
reduce in rank an employee who acquired disability during his service. In case
if it is not possible to adjust him against any post, he may be kept on a super
numery post until a suitable post is found or made available or till the date
of his retirement on superannuation. This order is based on the amended
provisions of the section 47 of the “ persons with disability act1995”
20
Omitted
21
Whether any time limit is prescribed for disposal of representations received
22.
Whether one official already placed under suspension can function as Defence
Assistant in other Case?
Yes:
As per the Rule 14 (18) of CCS (CCA) rules 1965, it is permissible. This has
been examined by the Kerala High Court and opined that there is no rule that a
person under suspension is not entitled to Assist another Govt. Servant in
enquiry proceedings.
23.
What are all the circumstances under which, the Dies non can be awarded?
The
day can be marked as ‘Dies non’ only under the following three circumstances.
i) When
the official remains absent from duty without prior information.
ii) When
on duty in office, the official leaves the office without proper permission ;
and
iii) The
official remains in office, but refuses to perform duty assigned to him
In
any circumstances, dies non should not be issued without issuing show a cause
notice.
24.
Whether late coming to office can be treated as ‘Dies non’?
No.
A day on which an official comes late and works throughout the day during
office hours will not be marked as dies non. Treating this day as ‘Dies
non’ for coming late is not contemplated in the rules. The proper course
in such case would be debit the ½ day casual leave account of the official as
per instructions. This is confirmed in the DG’s letter dated 26.12.79
Further the Department in its letter dt 22.07.75, has stated that Half 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 two occasions may be condoned by the
competent authority, if he is satisfied.
25.
What is the position in case if no casual leave for debiting to late
attendance? If the leave sanctioning authority does not want to condone the
delay, what action can be taken?
If an official who has no casual leave to his credit comes late without
sufficient justification and the administrative authority is not prepared to
condone the late coming, he may inform the official that he will be treated as
an unauthorised absence for the day on which he come late and leave it to the
official himself either to face unauthorised absence or to apply for earned
leave or any kind of leave due and admissible for the 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 not arise in such cases.
26.
A rule 14 charge sheet was issued to the official and he died when the case 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 20.10.99. where a Government Servant dies
during the pendency of the inquiry(i.e) without charges being proved against
him, imposition of penalty is not justifiable. Therefore the disciplinary
proceedings should be closed immediately. Family of the official is fully
entitled to avail all the retirement / pensionary benefits as available to the
family of the deceased employee.
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
filed with in the prescribed limit is pending. Further, the
representation should be decided with in three months by the competent
authority.
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
allowed within one month of their communication. Even belated
representations may be considered if there is satisfactory explanation for the
delay ( DOPT order dt 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 new schemes 15 days times for
the receipt of communication will be given.
29.
An official was placed under suspension on flimsy reasons. He has been
awarded with only minor punishment under Rule 16. What is the fate of
suspension period?
Where
the departmental proceedings ended with the imposition of minor penalty against
a suspended employee, the suspension can be said to be wholly unjustified in
terms of FR 54 ( B). There fore the employee concerned should be
paid fully pay and allowances for the period of suspension.
30.
Whether any specific orders are required for declaring holiday’s during General
election? If not what are the provisions.
No
Separate order is required. It should be declared as closed holiday on
the following circumstances.
i) In
the notified areas where General election to State Legislative assemblies
scheduled to be conducted.
ii) In
connection with by-elections to Loksabha/ State Assembly, the office shall not
be closed. However the employees who are bonafide Voters in the relevant
constituency should be granted special casual leave on the day of polling.
iii) Special
CL may be granted to an employee who is an ordinary resident of that
constituency and registered as a voter but employed outside the constituency
having a general/by election.
31. Whether
LDN( Leave Not Due) can be availed in case one having E.L at his
credit and wants to keep it for his retirement benefits?
Yes.
LND may be sanctioned in cases where credit in EL account is available.
However LND can be granted only on medical grounds and not for private affairs.
32.
How may days an official can avail Earned leave at a stretch?
Since
1990, it has been increased to 180 days.
33.
Is the Service book of an official is a secret document? Is there any provision
to verify the entries there in by the official?
According the DG’s order Below SR 202, it is incumbent on every Government
servant to see that his service book is properly maintained. He should be
allowed to verify the entries periodically and affix his signature in token of
having accepted the entries made there in..
It is necessary that one has to verify the service book every year and check
the entries made there in with a special reference to leave account and
service particulars .
A certified copy of service book can also be obtained on Quitting service on
payment of Rs 5/-
34.
Whether the fitness certificate should be obtained from the same doctor who
certified the illness?
Not necessary. The rules do not envisage that the fitness certificate
should be given by the same doctor who gave the medical certificate.
35.
IF an official is directed for Second Medical Opinion to D.M.O whether he is
entitled to claim TA/DA?
AS per Rules, any employee who has been asked to proceed to some other station
for second medical opinion, he should be granted T.A for the journey period and
D.A for a maximum period of two days calculated as on tour This facility
is allowed only in cases of Second medical opinion for grant of original leave
and not for extension of leave.
36.
If the ward of official who is physically handicapped studying in unrecognized
institution is he entitled for tuition fees or not.
Tuition fees shall be reimbursed in case of physically handicapped/ mentally
retorted child irrespective of whether the school/ institution is recognized or
not, provided the institution and its fee structure is approved by
the Central State Government.
37.
An employee is having just five years of service for superannuation. He
applied for EL which has been rejected. It is correct?
As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to
any employee, especially in the last ten years of his carrier.
38.
An employee posted at higher HRA station was transferred to a lesser HRA
station. His family continued to stay at old station. What is his HRA
entitlement?
As per the MOF order dt 28.03.03, he is entitled to HRA at the rate
admissible at the old Head Quarters, if his family continue to reside there for
six months or till he is allotted or secured family accommodation at the new
headquarters. whichever is earlier.
39.
Can an employee having mentally retarded children be posted to the place of his
choice?
As per the Dopt orders dt 15.02.01, Such a request need to be considered
favourably to facilitate proper treatment of his child. .
40.
Whether Special casual leave can be availed during Bunds, riots strikes etc.?
Heads of the departments may grant special casual leave to employees residing
at places 5 K.M. away from their offices, when they are unable to attend office
due to dislocation of traffic arising out of bundhs, natural calamities …etc.
If the absence is due to picketing or curfew , special casual leave may
be granted to all the employees irrespective of distance
41.
Whether casual leave can be combined with other kind of leave?
No. It cannot be combined with any other kind of leave. But CL can
be combined with Special C.L. Similarly Special CL can be combined with
any other kind of leave.
42.
What are all the actions termed as sexual harassment on women employees?
Sexual
harassment includes such unwelcome sexually determined behavior (whether
directly or by Implication) as:
a) physical contact and advances;
b) a demand or request for sexual favors;
c) sexually colored remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature
43.What
is the time limit fixed for disposal of representation by the nodal ministry?
The Dopt Vide its Om dated 11.01.2002 stipulated that the
representations of the officials should be disposed with in six
weeks. Representations requiring inter departmental consultations should
be disposed within three months. Final reply should be self contained,
Covering all points raised by the employee and if rejected, grounds for
rejection should be clearly given.
44.
Whether two punishments can be imposed for the same lapse?
As per the Dte letter dated 30.03.81 in a disciplinary case, two punishments
should not be imposed for the same offence. However recovery from pay can
be ordered for recovery of pecuniary loss caused to the government along with
any other penalty.
45.
An official has submitted resignation but before acceptance, he applied for
withdrawal of the same? Whether it should be considered or not?
If the employee’s written intimation of withdrawing his letter of resignation
reaches the appointing authority before its acceptance his resignation will be
deemed to have been automatically withdrawn. If the resignation has been
accepted but the employee is not relived before his letter of withdrawal
reaches the appointing authority, he may ordinarily be allowed to withdraw his
resignation. If for some reason, the request for withdrawal is refused,
the grounds for refusal should be recorded and conveyed to the employee.
46.
Whether legitimate Trade Union activities will attract CCS rules?
The Department has clarified vide its letter dated 06.10.95, that legitimate
union activity that does not violate CCS ( conduct) Rules 1964 & ED
(conduct & service) rules 1964 or other rules or instructions governing the
concerned employee should not lead to disciplinary action against the employee
and this should be strictly ensured.
47.
Whether oral orders and instructions or to be obeyed?
i) Oral
instruction should not, as far as possible be issued by senior officers to
their subordinates.
ii) IF
the oral instructions are issued by any senior officer, they should be
confirmed by him in writing immediately thereafter.
iii) if
a junior officers seeks confirmation to the oral instruction given by the
senior , the latter should confirm it in wiring whenever such confirmation is
sought.
iv) A
junior officer who has received oral orders from his superior officer should
seek confirmation in writing as early as possible/ practicable.
48.
Is there any provision to proceed against an employee on anonymous complaint?
No Rule 183 of Vol iii clearly stipulated that no action should be taken an
anonymous and pseudonymous complaint against any Government servants. But if
the complaint discloses very serious matter and contain verifiable facts then
necessary enquiry should be conducted. If such an inquiry reveals serious
irregularity on the part of the employee disc action can be taken
49.
Whether the staff Quarters can be forcibly allotted to an employee even though
he has not offered his willingness?
No. it should not be trusted upon any employee against his will and in the
absence of a written request for allotment of a Quarter from the employee.
However, it is mandatory for the employee to occupy the rent free post attached
Quarters. If he refused to occupy the same, no HRA can be drawn. This is
as per the Dte letter dt 11.07.2000.
50.
Is there any condition that the compassionate appointee should be maintain the
family properly?
Yes. He should give an undertaking in wiring at the time of appointment that he
will main properly the other family members who were dependent on the
Government Servant and in case it is proved subsequently at any time that the
family members are being neglected or are not being maintained properly by him,
his appointment may be terminated forthwith.
51.
Whether the divisional union can pursue the Reservation roster at Divisional
level?
As per Chapter IV, rule 6 of Swamy’s compilation on Reservation &
Concession for SC/STs, the reservation roster is not a confidential document
and can be shown to individual officials /association and if necessary through
the liaison officer.
As such, the divisional secretaries on request should be permitted to pursue
the roster once a year.
52.
. Whether the departmental vehicles can be used to admit an official for
immediate treatment in case of serious illness?
As per the DOPT order dt 19.10.82, the departmental vehicles can be provided to
such officials who may need emergent medical attention, while on duty.
If the departmental vehicle is not immediately available, maximum
possible assistance/ aid should be provided and the official moved to hospital
by engaging other transport, if necessary at the cost of the government.
53.
Whether one officer from the department should be sent along with the official
who is summoned for interrogation by police?
When a departmental official is required by the police officers for
interrogation, invariably a senior official like ASP/SDI/PRI(p) should
accompany the official and he should be remain there till the interrogation by
the police is over
54.
An official is having EL at his credit. He wants to keep it for encashment on
retirement. He has no HPL at credit. Can he be sectioned LND even if EL is
available at his credit?
The
availability or other wise of Earned leave has no bearing on sanction of
LND. LND is nothing but advance credit of HPL that will be earning in the
rest of his service. So it may be sanctioned, provided that there is every
prospect of his earning that amount of HPL in his left over service
55.
What is the cut off date for the condition of having not more than two
surviving children for family planning Allowance?
The order was issued on 06.07.1999 in which it was categorically stated that
the family planning allowances shall be admissible in future only to those
C. G employees, with not more than two surviving children. As such,
the condition is not applicable for those having more than two children prior
to 06.07.1999. .
Further as per the rules this allowance is not available for those who under
went family planning operation after 50 years of age in case of male employee
and 45 years in case of female employee.
56.
As EX Servicemen drawing pension was appointed as Postal Asst. After his
retirement he was drawing pension for his civil service also. Whether his
family is entitled for Family pension for both services?
No. Family pension can be availed for one service only army or civil
57
Whether an official can opt out of CGHS Scheme in case his spouse is working in
a private organization which provides medical facilities?
The Government servant can opt out from CGHS in such a circumstances as per the
Government orders dated 04.08.1994. There is no compulsion to remain in
the scheme.
58.
Whether there is any provision for stepping of pay in MACP promotion in the
case of junior getting more pay than the senior.
No. The MACP promotion is only personal to the official and the senior
cannot claim stepping up of his pay with junior. No pay protection is
provided at par with junior.
59.
In one disciplinary case, the disciplinary authority awarded one
punishment. He desired to modify/ alter the punishment or withdraw the
charge. Is he competent to do that?
No. As per Rule 29 of CCS (CCA) Rules 1965 the punishing authority is not
competent to revise or cancel his own order. But the appellate authority on an
appal or on it’s own accord can review & revise the order of disciplinary
authority
60.
Whether MACP beneficiary is entitled for pay fixation benefits at the time of
regular promotion?
If the official got MACP before regular promotion and availed the fixation
benefits, there will be no fixation of pay at the time of promotion. In
such cases, the official will continue to draw the same pay, but the next
higher grade pay will be granted in case if the same is above the regular
promotions.
Further if the employee was offered regular promotion prior to the grant of ACP
but declined to accept such promotion, he is not entitled for ACP.
Therefore one should not decline regular promotion before exhausting all three
ACP Promotions.
61.
Whether the official under currency of punishment can be allowed to appear for
departmental examination?
As per the DG P& T letter No. 7/31/66 –SPB dt 25.06.65, if the
punishment is current, the authority should consider each case on its merits to
see whether a person should be promoted in- spite of the penalty imposed on the
basis of the results of the examination which he has passed.
Therefore, the officials under currency of punishment are eligible to appear
for the departmental examination.
Similarly, the officials against whom the disciplinary proceedings have been
initiated or under suspension should also be admitted to write the departmental
exam. However he will be promoted only after the disciplinary proceedings
is over and he is completely exonerated.
62.
If an official who is under suspension is entitled for Family Planning
Allowance when his spouse undergoes family planning operation during the
suspension period?
It cannot be drawn during the suspension period as per the existing
rules. However, on reinstatement after suspension, he is entitled to the
allowance and its date of effect depends on how the period of his suspension is
treated.
63.
Whether any excess payment of pay and allowances can be recovered from the
pension?
No.
There is no provision to recover the excess pay and allowance from the
pensioner vide GID (&) below Rule 73 of CCS (Pension) Rules, 1972. It
is most pertinent to note that once the pension is authorized, it should not be
revised to the disadvantage of the pensioner as per Rule 70 of the Pension
Rules1972.
64.
What is the duration to avail 15 days paternity leave from the date of delivery
of the child?
As per the rules, it should be availed with in six months from the date of
delivery of the child.
65.
What is the time limit for claming TA Bill?
As per SR 194-A, it should be preferred within one year. For LTC, it
should be preferred within three months form the date of completion of return
journey and if advance is drawn, it should be preferred with one month.
66.
Whether any Government dues can be recovered from the Group Insurance (CGEGIS)
amount?
No. According to Para 21.2 of the scheme promulgated in 1980,
it is not permissible to adjust any Government dues from the Group Insurance
Scheme benefits
67. An
official is on leave for one month from 10th of previous month to 9th of
next month. Is he is entitled for Transport allowance during the
leave period or not?
Yes.
He is entitled for transport allowance. As per the orders dated 22.02.02 the
transport allowance will not be admissible, if a govt servant is absent from
duty for a full calendar month(s)due to leave, training, tour etc. in this case
the leave period is spread over in two calendar months.
68.
Whether the officials granted MACP promotion will continue to hold the original
post or entitled to hold any promotional post and entitled to other privileges
available to the higher post?
As per the MACP Scheme, the employees granted Financial up gradation(i.e)
higher pay grade/ band shall continue to hold the original post on regular
basis with the same designation, classification, duties and responsibilities
without conferring any privileges related to higher status. On up gradation
they will be eligible for LTC, allotment of Quarters etc.
69.
Can the Government Servant prefer ROHSC claim for his dependent son who is
above 25 years of age?
As per the OM dt 17.09.99, the medical facilities will continue to be
available to sons who are dependent on Government servant irrespective of their
age. So, the claim may be preferred.(TO BE CHECKED UP)
70.
Whether the widowed daughter is entitled for family pension without any age restriction?
As per the existing provisions under Rule 54 of CCS pension Rules 1972, widowed
daughter is eligible for family pension without any age restriction subject to
fulfilment of other conditions.
71.
What is the age limit of the wards for claiming Educational Assistance?
The ward should not cross the age of 18. ? However in case of physically/
mentally handicapped children, they are entitled for the benefits up to the age
of 22 years as per the OM. Dated 21.03.2006.
72.
Is there any provision to apply for conversion of leave at any time or before
the date of retirement as was the earlier practice?
As per the Rule10 (1) of CCS (leave) Rules 1972 , the request for conversion of
one kind of leave into another should be submitted within a period of 30 days
after joining the duty on expiry of relevant spell of leave. The earlier
practice of applying conversion of leave at any time has been withdrawn.
73.
In continuation of maternity leave, an official is availing EOL. Whether
the EOL period will be treated as Qualifying Service?
The maternity leave, as per rules, will be treated as qualifying service.
However EOL in continuation of ML without medical certificate will not count as
qualifying service for increment/ pension.
74.
What is the minimum contribution towards GPF subscription? Whether the amount
can be altered by the DDO’s?
As per Rule 8(b), the subscription towards GPF should not be less than 6% of
emoluments and not more than total emoluments. (Pay+ Grade pay) The DDO’s
do not have any right to alter the subscription fixed by the Government
Servant.
75.
An official is deputed to an office and he is Drawing Daily Allowance for 180
days. Thereafter he has not been paid with any TA/DA. Is it correct?
As per SR 116, the transfer grant is admissible only if change of residence is
involved. After 180 days, he can claim T.A bill by changing his residence to
the newly posted station. But daily allowance will be entitled only up to
180 days.
76.
If an employee dies during suspension period, family of the employee will be
entitled to the family pension or not?
According to FR 54 (B) (2), where a Government servant under suspension dies
before the disciplinary proceedings instituted against him are concluded, the
period between the date of suspension and the date of death shall be treated as
duty for all purposes. His family should be paid fully pay and allowances for
that period he would have been entitled had he not been suspended. Naturally
his family will be entitled for family pension and death gratuity.
77.
If one postmen is having the qualifying service of 9 years 10 months. Is he
entitled to pension?
Yes. Certainly he is entitled. As per Rule 49 of CCS (pension) Rule 1972 , the
period of three months and above but less than six months is to be treated as
qualifying service of six months for determining pension. Hence all who
are having the qualifying service of 9 years 9 months and above should be
treated as ten years of qualifying service and they are entitled to pension.
78.
An employee, after the end of Disciplinary proceedings under Rule 14 was
dismissed/ removed .In such case, whether he can avail the benefit of leave
encashment for the leave at credit in his account?
No. The official is not entitled. As per the Rule 9, the leave at credit
is treated as lapsed on the date of removal/ dismissal . There is no
question of any leave encashment.
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