Departmental proceedings against Government Servants- Consultation with the Union Public Service Commission for advice



NO. 39011/12/2010-Estt.(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi, the 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 10th  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.

2. 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 observed that 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.

3. 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 /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 Ministry/Department. In case it is found that the Proforma had been forwarded to the UPSC in a casual manner, the Secretary in the Ministry / Department may issue a written warning to the Joint Secretary / Director /Deputy Secretary concerned to be more careful in future. A second time default by the same officers shall invite minor penalty proceedings against them.

Rakesh Moza
Under Secretary to the Government of India






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