Monday, August 15, 2016

Special postal cover on Naga Sai Baba released

Vijayawada: The Department of Posts released a special cover on Naga Sai Baba idol of Machilipatnam temple at Buckinghampet Head Post Office in the city on Saturday to mark the Krishna Pushkaralu. 

Speaking on the occasion, K Somasundaram, Director of Postal Services, Vijayawada region, said the special cover was brought out on Naga Sai Baba idol as it entered the India Book of Records as the biggest Baba idol in the world. 

Y Ramakrishna, superintendent of Post Offices, Machilipatnam division, highlighted the significance of Naga Sai Baba idol. The special postal cover on Naga Sai Baba idol is priced at Rs 10.

SV Siva Prasad, senior superintendent of Post Offices, Vijayawada division, presided. K Siva Venkateswara Rao, superintendent of Post Offices, Postal Stores Depot, Vijayawada, Lakshmipuram Kiran of Naga Sai Baba temple and others were present.

Secretary, NJCA Writes To Affiliate Organisation On 7th CPC Issues


7th CPC means loss in Promotion, in Annual Increment and in bunching

As you know, after rejection of all our demands relating to minimum wage, fitment formula / factor, Annual Increment, Promotion etc. by the 7th Pay Commission including withdrawal of advances and allowances, the NJCA’s call for going on Indefinite Strike from 11.07.2016 was deferred on the circumstances narrated above. All our efforts to convince the Govt. for bringing suitable modifications in the recommendations of the 7th CPC are being delayed in the name of further examination by constituting of several committees, viz. Committee for allowances, Committee for anomalies and Committee for minimum wage and fitment formula.  When such committees are yet to be formed / give their report, most unfortunately, the Govt. hurriedly issued Gazette Notification on 29.07.2016 along with CCS (Revised Pay) Rules, 2016 for implementation of the recommendations of the 7th CPC on the basis of Cabinet Decision dated 29.06.2016 and now we are expecting the arrears and pay the revised scale during August, 2016.

Though many employees were of the opinion to keep in abeyance the implementation of the Cabinet decision dated 29th June 2016 regarding 7thCPC recommendations till the High Level Committee submits its report to Govt., the NJCA  after detail discussion decided not to demand it since the employees, especially those who are in the verge of retirement may be put to hardship.

You know very well that our learned Comrades throughout the nation are widely analysing the recommendations of the 7th CPC, CCS(Revised) Pay Rules, 2016 etc and finding out many lapses, shortcomings in the said recommendations / Rules which are being published in various websites. All these deficiencies need to be addressed properly which need a united struggle.

Let’s analyze in brief how the CCS (Revised Pay) Rules, 2016 affects the employees with defective Pay Matrix.

a.    Loss in Annual Increment – in most of the cases less than 3% :

In addition to the retrograde recommendations, we also find many deficiencies in Cabinet Decision / Resolution, release of CCS (Revised Pay) Rules, 2016. As you know, straightway rejecting the demand of the Staff Side to give 5 % Annual Increment, the 7th CPC recommended 3% Annual Increment vide Para 5.1.38 of its report submitted to the Govt. on 19th November, 2015. But while giving the illustrative examples at Para 5.1.53 of the report, the Annual Increment is seen to be manipulated. In most of the cases, the Pay Matrix has been prefixed at a stage lower than the actual amount arrived after adding the increment of 3% to the Basic Pay. Some levels selected at random and calculated as follows show that the employees are at loss in drawing their annual increments. 

Level Sl. No. in the Pay Matrix Basic Pay in the Revised Scale Actual Pay after adding 3% Annual Increment Basic Pay prefixed in the Pay Matrix Amount of Loss to the employee Actual increment
( % )
1 12 24900 25647 25600 47 2.81
1 26 37600 38728 38700 28 2.92
3 9 27600 28428 28400 28 2.89
3 16 34000 35020 35000 20 2.94
4 11 34300 35329 35300 29 2.91
4 22 47500 48925 48900 25 2.94
5 10 38100 39243 39200 43 2.88
5 20 51100 52633 52600 33 2.93
6 6 41100 42333 42300 33 2.91
6 9 44900 46247 46200 47 2.89

b. Loss in Promotion : 

The above small difference will have also long term impact on the employees’ promotion inviting heavy financial losses. Illustratively, an employee with basic pay of Rs.44900 in the revised scale  at level 6 who is entitled to get Rs. 46247 with 3% annual increment is required to be fixed at Rs.46200 at level 7 as per Pay Matrix i.e. with a loss of Rs.47/- Let’s calculate the impact of this small amount of Rs.47/- on his promotion. Had his pay been fixed at Rs.46247, he would have got Rs. 47634 with 3% increment on promotion and his new pay in the next level would have been fixed at Rs.49000/- . But when his pay on promotion will be calculated at Rs.46200/- as per the Pay Matrix, he will get Rs. 47380/-  with 3% increment on promotion and his new pay in the next level would be fixed at Rs.47600/-             

Thus, for loss of Rs.47/- only in the Annual Increment, the employee will suffer a loss of Rs.1400/- during his / her promotion to the next level and this loss will have cumulative effect on rest period of the service career with financial loss on DA(s) and further promotion(s).             

This is just one example. We may find several disparities in the Pay Matrix both for Annual Increment and fixation of pay on promotion.            

c.    Meagre benefit of Rs. 30/- only on promotion : 

In addition, as per Para 13 of CCS (Revised Pay) Rules, 2016, one increment shall be given in the level from which the employees is promoted and he shall be placed at a cell equal to the figure so arrived at in the level of the post to which promoted and if no such cell is available in the level to which promoted, he shall be placed at the next higher cell in that level. Illustratively, an employee  at level 6 with basic pay of Rs.49000 in the revised scale after getting 3% increment on promotion is entitled to get Rs.50470 whose pay will be fixed at Rs. 50500 in level 7 as per the Pay Matrix. Similar is the situation when an employee at level 7 with basic pay of Rs.49000 in the revised scale gets 3% increment on promotion is entitled to get Rs.50470 whose pay will also be fixed at Rs. 50500 in level 8 as per the Pay Matrix. The Pay Matrix has been so prefixed that the employees drawing revised pay as above will be entitled for Rs.30/- only after getting the promotion to the next level. Will anyone call it a promotion in the corporate era? This is nothing but a serious betrayal to the C G employees in the name of Pay Revision. There are several other examples in the Pay Matrix.         

d.    No guideline in CCS (Revised Pay) Rules, 2016 in case of bunching.  

As per Para  5.1.36 of the 7th CPC Report  although the rationalisation has been done with utmost care to ensure minimum bunching at most levels, however if situation does arise whenever more than two stages are bunched together, one additional increment equal to 3 percent may be given for every two stages bunched, and pay fixed in the subsequent cell in the pay matrix. Similarly as illustrated in Para 5.1.37 of the Report, if two persons drawing pay of Rs.53,000 and Rs.54,590 in the GP 10000 are to be fitted in the new pay matrix, the person drawing pay of Rs.53,000 on multiplication by a factor of 2.57 will expect a pay corresponding to Rs.1,36,210 and the person drawing pay of Rs.54,590 on multiplication by a factor of 2.57 will expect a pay corresponding to Rs.1,40,296. Revised pay of both should ideally be fixed in the first cell of level 15 in the pay of Rs.1,44,200 but to avoid bunching the person drawing pay of Rs.54,590 will get fixed in second cell of level 15 in the pay of Rs.1,48,500. But while instructing fixation of pay in the revised pay structure under Rule 7 of CCS (Revised Pay) Rules, 2016, no guideline has been issued in this regard which may cause difficulty if situation does arise whenever more than two stages are bunched together. Thus, in the absence of clear instructions, the process of fixation of pay and calculation of arrears in the revised pay structure will be will be wrong and the senior employees will be forced to suffer.


Secretary, NC JCM writes to Cabinet Secretary on JCM functioning and compassionate appointments



Secretary, National Council (Staff Side) JCM writes to Cabinet Secretary on JCM functioning and compassionate appointments


Special concessions to Central Government Employees working in Kashmir Valley

No. 18016/1/2016-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

New Delhi, the 11th August, 2016

OFFICE MEMORANDUM


Subject:- Special concessions to Central Government Employees working in Kashmir Valley in attached/subordinate offices or PSUs falling under the control of Central Government.

The undersigned is directed to refer to this Department’s O.M. No. 18016/3/2011-Estt.(L) dated 20th April, 2015 (Click here to view) on the subject mentioned above and to state that it has been decided by the competent authority to extend the package of concessions/incentives to Central Government employees working in Kashmir Valley for a further period of two years w.e.f. 01.01.2016. The package for two years is as per Annexure.

2. The package of incentives is uniformly applicable to all Ministries/ Departments and PSUs under the Government of India and they should ensure strict adherence to the rates prescribed in the package. The concerned Ministry/ Department may ensure implementation and monitoring of the package in conformity with the approved package, and therefore, all Court cases in which verdicts are given contrary to the package would have to be contested by the Ministries/Departments concerned.


(Mukul Ratra)
Director

Simultaneous action of prosecution and initiation of departmental proceedings

F.No.11012/6/2007-Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-III Desk
******
North Block, New Delhi-110 001
Dated: 21st July, 2016
OFFICE MEMORANDUM
Subject: Simultaneous action of prosecution and initiation of departmental proceedings.
***
The undersigned is directed to refer to the Department of Personnel and Training OM of even number dated the 1st August, 2007 on the above subject and to say that in a recent case, Ajay Kumar Choudhary vs Union Of India Through Its Secretary Anr, Civil Appeal No. 1912 of 2015, (JT 2015 (2) SC 487), 2015(2) SCALE, the Apex Court has directed that the currency of a Suspension Order should not extend beyond three months if within this period a Memorandum of Charges/Charge sheet is not served on the delinquent officer/employee;
2. It is noticed that in many cases charge sheets are not issued despite clear prima facieevidence of misconduct on the ground that the matter is under investigation by an investigatingagency like Central Bureau of Investigation. In the aforesaid judgement the Hon ‘ble Court has also superseded the direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance.
3. In the subsequent paras the position as regards the following issues has been clarified:
(i)Issue of charge sheet against an officer against whom an investigating agency is conducting investigation or against whom a charge sheet has been filed in a court;
(ii) Effect of acquittal in a criminal case on departmental inquiry
(iii)Action where an employee convicted by a court files an appeal in a higher court
Issue of charge sheet against an officer against whom an investigating agency is conducting investigation or against whom a charge sheet has been filed in a court
4. It has been reaffirmed in a catena of cases that there is no bar in law for initiation of simultaneous criminal and departmental proceedings on the same set of allegations. In State of Rajasthan vs. B.K. Meena Ors. (1996) 6 SCC 417 =AIR 1997 SC 13 = 1997 (1) LW 746 (SC), the Hon’ble Supreme Court has emphasised the need for initiating departmental proceedings in such cases in these words:
It must be remembered that interests of administration demand that the . undesirable elements are thrown out and any charge of misdemeanor is enquired. · into promptly. The disciplinary proceedings are meant not really to punish the guilty but to keep the administrative machinery unsullied by getting rid of bad elements. The interest of the delinquent officer also lies in a prompt conclusion of the disciplinary proceedings. If he is not guilty of the charges, his honour should be vindicated at the earliest possible moment and if he is guilty, he should be dealt with promptly according to law. It is not also in the interest of administration that persons accused of serious misdemeanor should be continued in office indefinitely, i.e., for long periods awaiting the result of criminal proceedings.
5. In Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. Anr.:., (1999) 3 SCC 679, the Supreme Court has observed that departmental proceedings and proceedings m a criminal case can proceed simultaneously as there is no barm their being conducted simultaneously, though separately.
Effect of acquittal in a criminal case on departmental inquiry
6. The question as to what is to be done in the case of acquittal in a criminal case has been answered by the Hon ‘ble Supreme Court in R.PKapur vs. Union of India Anr. AIR 1964 SC 787 (a five Judge bench judgement) as follows:
If the trial of the criminal charge results in conviction, disciplinary proceedings are bound to follow against the public servant so convicted. Even in case of acquittal proceedings may follow where the acquittal is other than honourable.
7. The issue was explained in the following words by the Hon’ble Supreme Court in the following words in Ajit Kumar Nag v GM, (PJ), Indian Oil Corporation Ltd., (2005) 7 SCC 764:
Acquittal by a criminal court would not debar an employer from exercising power in accordance with Rules and Regulations in force. The two proceedings criminal and departmental are entirely different. They operate in different fields and have different objectives. Whereas the object of criminal trial is to inflict appropriate punishment on offender, the purpose of enquiry proceedings is .. to deal with the delinquent departmentally and to impose penalty in accordance with service Rules. In a criminal trial, incriminating statement made by the accused in certain circumstances or before certain officers is totally inadmissible in evidence. Such strict rules of evidence and procedure would not apply to departmental proceedings. The degree of proof which is necessary to order a conviction is different from the degree of proof necessary to record the commission of delinquency. The rule relating to appreciation of evidence in the two proceedings is also not similar. In criminal law, burden of proof is on the prosecution. and unless the prosecution is able to prove the guilt of the accused ‘beyond reasonable doubt’, he cannot be convicted by a court of law. In departmental enquiry, on the other hand, penalty can be imposed on the delinquent officer on a finding recorded on the basis of ‘preponderance of probability’. Acquittal of the appellant by a Judicial Magistrate, therefore, does not ipso facto absolve him from the liability under the disciplinary jurisdiction of the Corporation.
8. The judgement of the Hon’ble Supreme Court in G.M. Tank vs State of Gujarat (2006) 5 SCC 446 has reaffirmed the principles laid down in R.P. Kapur (supra). In G.M. Tank case, Court observed that there was not an iota of evidence against the appellant to hold that he was guilty. As the criminal case and the departmental proceedings were based on identical set of facts and evidence, the Court set aside the penalty imposed in the departmental inquiry also.
9. Ratio in the G.M. Tank judgement should not be misconstrued to mean that no departmental proceedings are permissible in all cases of acquittal or that in such cases the penalty already imposed would have to be set aside. What the Hon’ble Court has held that is no departmental inquiry would be permissible when the evidence clearly establishes that no charge against the Government servant may be made out.
Action where an employee convicted by a court files an appeal in a higher court
10. In many cases Government servants who have been found guilty by lower courts and have filed appeals in higher courts represent for reinstatement/ setting aside the penalty imposed under Rule 19(i) of the CCS (CCA)Rules, 1965. In such cases, the following observations of the Hon’ble Supreme Court in K.C. Sareen vs C.B.l.,Chandigarh,2001 (6) sec 584 are to be kept in view:
When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior court. The mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. If such a public servant becomes entitled to hold · public office and to continue to do official acts until he is judicially · absolved from such findings by reason of suspension of the order of conviction it is public interest which suffers and sometimes even irreparably. When a public servant who is convicted of corruption is allowed to continue to hold public office it impair the morale of the other persons manning such office, and consequently that would erode the already shrunk confidence of the people in such public institutions besides demoralising the other honest public servants who would either be the colleagues or subordinates of the convicted person. If honest public servants are compelled to take orders from proclaimed corrupt officers on account of the suspension of the conviction the fall out would be one of shaking the system itself.
11. Thus action against a convicted Government servant should be taken straight away under Rule 19(1). An appeal against the conviction or even a stay on the sentence will have no effect unless the conviction itself is stayed.
12. In view of the law laid down in various judgements, including the ones quoted above, in cases of serious charges of misconduct, particularly involving moral turpitude, the Ministries/Departments should keep the following points in view to take prompt action:
(i) All incriminating documents should be seized promptly to avoid their tempering or destruction of evidence.
(ii) Particular care needs to be taken for retention of copies of such documents while handing over the same to an investigating agency. These documents may be attested after comparison with the originals.
(iii)In case the documents have been filed in a court, certified copies of documents may be obtained.
(iv)Documents and other evidence must be examined to see whether any misconduct, including favour, harassment, negligence or violation of rules/instructions has been committed. If there is a prima facie evidence of misconduct, charge sheet under the appropriate rule must be issued.
(v) Court judgements should be promptly acted upon:
(a) in cases of conviction action is to be taken under Rule 19(i) of the CCS (CCA)Rules, 1965;
(b) in cases of acquittal also, if the Court has not acquitted the accused honourably, charge sheet may be issued;
(c) an acquittal on technical grounds or where a benefit of doubt has been given to the accused will have no effect on a penalty imposed under CCS (CCA)Rules, 1965, as while in a criminal trial the charge has to be proved beyond reasonable doubt, in the departmental inquiry the standard of evidence is preponderance of probability.
(vi)An appeal by the accused against conviction, but where the conviction has not been overturned/ stayed, will have no effect on action taken under Rule 19(i) of the CCS (CCA)Rules, 1965, even if Court has directed stay/ suspension of the sentence.
13. All Ministries/Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.
14. Hindi version follows.
Mukesh Chaturvedi
Director (E)

7th CPC Anomalies – NCJA

7th CPC Anomalies – NCJA

NCJA
National Joint Council of Action
4, State Entry Road, New Delhi — 110055

No.NJC/2016/7th CPC

August 12, 2016

To
All Constituents of NJCA Dear Comrades,

We have been receiving communication from various organizations as also from individual employees after the promulgation of the notification by the Government on 7th CPC recommendations. Most of these communications had been to express the anxiety and in some cases anger too over the delay in setting up the high level committee, assured by the Group of Minister to review the minimum wage and multiplication factor.

We have been pursuing the said issue on a day to day basis and we are fully appreciative of the apprehensions expressed in many of these letters. Since the decision making in the Government is a long procrastinated matter involving various levels and departments, such delays are not uncommon. But we have been informed as to why the assurances held out have not been translated into action.

We have also noted that in the absence of the JCM functioning especially at the Departmental levels of various Ministries, the department specific anomalies and demands are not being subjected to any meaningful negotiations with the respective organizations. We have addressed the Cabinet Secretary to hold a special discussion with us on this subject immediately. Copy of our letter is enclosed.

On 12th August, 2016, we have met the Secretary Pensions to convey our strong resentment over the decision to allow the Option No. 1 given to the pensioners to be implemented subject to feasibility. We have reiterated that while we are open to discussion as to the methodology of verification of the claims of individual petitions in respect of Option No.1, we would not be able to countenance of the non implementation of the recommendation of the 7th CPC on the flimsy ground of non availability of records.

The available NJCA members met today at Delhi to review the situation in the background of the feeling conveyed to us through letters from various organizations. We have after taking note of the anxiety expressed and the ongoing discussions with various authorities over the setting up of the high level committee to wait up to the end of this month before we embark upon any action for the setting upon of the said high level committee. The employees may be apprised of this decision through the requisite campaign programme.

In the meantime, we must endeavour to support the one day strike action slated for 2nd September, 2016 for which the call has been given by the Central Trade Unions (including independent Federations) to the best of the ability of the respective organizations as the objective of the strike is the betterment of the working people in our country.

7th CPC Anomalies

All the Constituents Organizations are requested to forward the various anomalies arising out of the implementation of the 7th CPC notification / CCS (RP) Rules 2016 to the Staff Side office with brief / illustration etc. within in 15 days from today so as to enable us to study and forward the same to the Anomaly committee for settlement.

With greetings,
Yours fraternally,
(Shiva Gopal Mishra)
Convener

http://confederationhq.blogspot.in/

Independence Day: Highlights From PM Modi’s Red Fort Address

Independence Day: Highlights From PM Modi’s Red Fort Address

PM Modi gave his backing to a new inflation target in his Independence Day speech on Monday, saying his government had brought down consumer price growth from double digits under the last government.


New Delhi: Asserting that the present government was surrounded by the expectations of the people, Prime Minister Narendra Modi on Sunday addressed the nation on the occasion of India’s 70th Independence Day and assured that he is committed to bringing change in the life of the common man.

The Prime Minister spoke on issues ranging from Income Tax to the struggles faced by farmers, highlighting the several schemes initiated by the government.

He also sent a stern message to Pakistan saying that India will never bow down to terrorism, adding that violence has no place in the society.

Here are the highlights from the Prime Minister’s address:-

  1. We remember Mahatma Gandhi, Sardar Patel, Pandit Nehru, countless people who sacrificed their lives so that we attained Swarajya: PM Modi
  2. The onus is on 125 crore people of India to convert this ‘Swaraj’ (self­rule) into ‘Surajya’ (good rule): PM Modi
  3. ‘Surajya’ means a government should be sensitive towards the common man, weaker sections . It is because of our great freedom fighters who laid their live that we are independent: PM Modi
  4. From Panchayat to Parliament and from Village Head to the Prime Minister.everybody should understand their responsibilities: PM Modi
  5. There was a time when the Government was surrounded by allegations but now the Government is surrounded by expectations: PM Modi
  6. We have connected 70 crore Indians to Aadhaar and social security schemes: PM Modi
  7. Due to the drought situation in the last two years, the Government has faced challenges in terms of price rise: PM Modi
  8. Under the previous Government, inflation had crossed 10 per cent, but we did not let it rise above 6 per cent: PM Modi
  9. I will continue to strive hard to ensure that this inflation doesn’t affect the food plate of poor: PM Modi
  10. We want to change the situation where people are scared of income tax authorities, particularly among middle class families: PM Modi
  11. GST will give strength to our economy and all parties are to be thanked for its passage: PM Modi
  12. Unity in diversity, this is our strength. Violence has no place in our society: PM Modi
  13. There were tears in India’s eyes when terrorists slaughtered innocent students in Peshawar: PM Modi
  14. People of Balochistan, Gilgit and Pakistan occupied Kashmir have thanked me a lot in past few days, I am grateful to them: PM Modi
  15. This is the example of our humanitarian approach, but there are some countries who glorify terrorists: PM Modi
  16. To the youth who have taken up guns, I urge them to return to their parents and shun violence: PM Modi
  17. We did not get an opportunity to die for the country but we have the opportunity to live for the country: PM Modi.

ANI

Simultaneous action for prosecution and departmental proceedings – DOPT Orders

F.No.11012/6/2007-Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-III Desk

******
North Block, New Delhi-110 001
Dated: 21st July, 2016
OFFICE MEMORANDUM

Subject : Simultaneous action of prosecution and initiation of departmental proceedings.

***

The undersigned is directed to refer to the Department of Personnel and Training OM of even number dated the 1st August, 2007 on the above subject and to say that in a recent case, Ajay Kumar Choudhary vs Union Of India Through Its Secretary & Anr, Civil Appeal No. 1912 of 2015, (JT 2015 (2) SC 487), 2015(2) SCALE, the Apex Court has directed that the currency of a Suspension Order should not extend beyond three months if within this period a Memorandumof Charges/Charge sheet is not served on the delinquent officer/employee;

2. It is noticed that in many cases charge sheets are not issued despite clear prima facieevidence of misconduct on the ground that the matter is under investigation by an investigatingagency like Central Bureau of Investigation. In the aforesaid judgement the Hon ‘ble Court has also superseded the direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance.

3. In the subsequent paras the position as regards the following issues has been clarified:
(i)Issue of charge sheet against an officer against whom an investigating agency is conducting investigation or against whom a charge sheet has been filed in a court;
(ii) Effect of acquittal in a criminal case on departmental inquiry
(iii)Action where an employee convicted by a court files an appeal in a higher court
Issue of charge sheet against an officer against whom an investigating agency is conducting investigation or against whom a charge sheet has been filed in a court

4. It has been reaffirmed in a catena of cases that there is no bar in law for initiation of simultaneous criminal and departmental proceedings on the same set of allegations. In State of Rajasthan vs. B.K. Meena & Ors. (1996) 6 SCC 417 =AIR 1997 SC 13 = 1997 (1) LW 746 (SC), the Hon’ble Supreme Court has emphasised the need for initiating departmental proceedings in such cases in these words:
It must be remembered that interests of administration demand that the . undesirable elements are thrown out and any charge of misdemeanor is enquired. · into promptly. The disciplinary proceedings are meant not really to punish the guilty but to keep the administrative machinery unsullied by getting rid of bad elements. The interest of the delinquent officer also lies in a prompt conclusion of the disciplinary proceedings. If he is not guilty of the charges, his honour should be vindicated at the earliest possible moment and if he is guilty, he should be dealt with promptly according to law. It is not also in the interest of administration that persons accused of serious misdemeanor should be continued in office indefinitely, i.e., for long periods awaiting the result of criminal proceedings.

5. In Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. & Anr.:., (1999) 3 SCC 679, the Supreme Court has observed that departmental proceedings and proceedings m a criminal case can proceed simultaneously as there is no barm their being conducted simultaneously, though separately.
Effect of acquittal in a criminal case on departmental inquiry

6. The question as to what is to be done in the case of acquittal in a criminal case has been answered by the Hon ‘ble Supreme Court in R.P. Kapur vs. Union of India & Anr. AIR 1964 SC 787 (a five Judge bench judgement) as follows:
If the trial of the criminal charge results in conviction, disciplinary proceedings are bound to follow against the public servant so convicted. Even in case of acquittal proceedings may follow where the acquittal is other than honourable.

7. The issue was explained in the following words by the Hon’ble Supreme Court in the following words in Ajit Kumar Nag v GM, (PJ), Indian Oil Corporation Ltd., (2005) 7 SCC 764:
Acquittal by a criminal court would not debar an employer from exercising power in accordance with Rules and Regulations in force. The two proceedings criminal and departmental are entirely different. They operate in different fields and have different objectives. Whereas the object of criminal trial is to inflict appropriate punishment on offender, the purpose of enquiry proceedings is .. to deal with the delinquent departmentally and to impose penalty in accordance with service Rules. In a criminal trial, incriminating statement made by the accused in certain circumstances or before certain officers is totally inadmissible in evidence. Such strict rules of evidence and procedure would not apply to departmental proceedings. The degree of proof which is necessary to order a conviction is different from the degree of proof necessary to record the commission of delinquency. The rule relating to appreciation of evidence in the two proceedings is also not similar. In criminal law, burden of proof is on the prosecution. and unless the prosecution is able to prove the guilt of the accused ‘beyond reasonable doubt’, he cannot be convicted by a court of law. In departmental enquiry, on the other hand, penalty can be imposed on the delinquent officer on a finding recorded on the basis of ‘preponderance of probability’. Acquittal of the appellant by a Judicial Magistrate, therefore, does not ipso facto absolve him from the liability under the disciplinary jurisdiction of the Corporation.

8. The judgement of the Hon’ble Supreme Court in G.M. Tank vs State of Gujarat (2006) 5 SCC 446 has reaffirmed the principles laid down in R.P. Kapur (supra). In G.M. Tank case, Court observed that there was not an iota of evidence against the appellant to hold that he was guilty. As the criminal case and the departmental proceedings were based on identical set of facts and evidence, the Court set aside the penalty imposed in the departmental inquiry also.

9. Ratio in the G.M. Tank judgement should not be misconstrued to mean that no departmental proceedings are permissible in all cases of acquittal or that in such cases the penalty already imposed would have to be set aside. What the Hon’ble Court has held that is no departmental inquiry would be permissible when the evidence clearly establishes that no charge against the Government servant may be made out.
Action where an employee convicted by a court files an appeal in a higher court

10. In many cases Government servants who have been found guilty by lower courts and have filed appeals in higher courts represent for reinstatement/ setting aside the penalty imposed under Rule 19(i) of the CCS (CCA)Rules, 1965. In such cases, the following observations of the Hon’ble Supreme Court in K.C. Sareen vs C.B.l.,Chandigarh,2001 (6) sec 584 are to be kept in view:
When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior court. The mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. If such a public servant becomes entitled to hold · public office and to continue to do official acts until he is judicially · absolved from such findings by reason of suspension of the order of conviction it is public interest which suffers and sometimes even irreparably. When a public servant who is convicted of corruption is allowed to continue to hold public office it impair the morale of the other persons manning such office, and consequently that would erode the already shrunk confidence of the people in such public institutions besides demoralising the other honest public servants who would either be the colleagues or subordinates of the convicted person. If honest public servants are compelled to take orders from proclaimed corrupt officers on account of the suspension of the conviction the fall out would be one of shaking the system itself.

11. Thus action against a convicted Government servant should be taken straight away under Rule 19(1). An appeal against the conviction or even a stay on the sentence will have no effect unless the conviction itself is stayed.

12. In view of the law laid down in various judgements, including the ones quoted above, in cases of serious charges of misconduct, particularly involving moral turpitude, the Ministries/Departments should keep the following points in view to take prompt action:
(i) All incriminating documents should be seized promptly to avoid their tempering or destruction of evidence.
(ii) Particular care needs to be taken for retention of copies of such documents while handing over the same to an investigating agency. These documents may be attested after comparison with the originals.
(iii)In case the documents have been filed in a court, certified copies of documents may be obtained.
(iv)Documents and other evidence must be examined to see whether any misconduct, including favour, harassment, negligence or violation of rules/instructions has been committed. If there is a prima facie evidence of misconduct, charge sheet under the appropriate rule must be issued.
(v) Court judgements should be promptly acted upon:
(a) in cases of conviction action is to be taken under Rule 19(i) of the CCS (CCA)Rules, 1965;
(b) in cases of acquittal also, if the Court has not acquitted the accused honourably, charge sheet may be issued;
(c) an acquittal on technical grounds or where a benefit of doubt has been given to the accused will have no effect on a penalty imposed under CCS (CCA)Rules, 1965, as while in a criminal trial the charge has to be proved beyond reasonable doubt, in the departmental inquiry the standard of evidence is preponderance of probability.
(vi)An appeal by the accused against conviction, but where the conviction has not been overturned/ stayed, will have no effect on action taken under Rule 19(i) of the CCS (CCA)Rules, 1965, even if Court has directed stay/ suspension of the sentence.

13. All Ministries/Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.
14. Hindi version follows.
Mukesh Chaturvedi
Director (E)

BSNL offers free unlimited calls every Sunday


The free calling service is available for all BSNL customers without any extra charge.

Customers of State-run BSNL will be able to make free unlimited calls on every Sunday.

“BSNL...customers will be able to make unlimited free voice calling from a BSNL landline to any network mobile and landline in the country on August 15, and thereafter every Sunday,” Telecom Minister Manoj Sinha said in a statement.
At present, it offers unlimited night calling on any network in the country between 9 pm to 7 am as complimentary service for all its customers.
BSNL commands around 57 per cent market share with 14.35 million customers.
“This service will be available for all BSNL landline customers besides existing free calling scheme during night. For new customers we are now providing fixed line connection for monthly rental starting Rs. 49 for first six months, and after that, a consumer can shift to any plan. The lowest monthly rental is Rs. 99,” BSNL CMD Anupam Shrivastava said.
The free calling service is available for all BSNL customers without any extra charge.
“These new schemes will let people experience modern facilities that are now available on BSNL landline network, like call forward to mobile phones, etc.,” Mr. Shrivastava said.
The scheme is aimed at encouraging people to use landlines when they are at home and save on mobile phone bills, a BSNL official said.
“The fixed line phones will be instrumental in proliferation of good quality broadband service which is an essential element of Digital India. BSNL free calling scheme will pave the way for expansion of broadband services in the country as well through fixed line connection,” the official said.

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