Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties

No. 11012(4)/2008-Estt. (A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block,

New Delhi,

Dated the 20th March, 2008

OFFICE MEMORANDUM

Subject:  Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.

Sir,

The undersigned is directed to refer to the Department of Personnel and Training’s O.M. No. 11012/7/98-Estt. (A) dated 07.11.2000 (copy enclosed) on the above mentioned subject and to say that the Election Commission have observed that the Governments in many cases do not initiate proceedings promptly against Government servants on the Commission’s recommendations.

2. As per the aforementioned O.M. dated 07.11.2000, disciplinary action against officers, staff and police personnel deputed on election duties shall be governed by the principles and decisions agreed to between the Union Government and the Election Commission and as recorded by the Hon’ble Supreme Court of India in its Order dated 21.09.2000 in Writ Petition (C) No 606 of 1993 (Election Commission of India vs. Union of India and Ors.). The terms of settlement were as follows :-

“The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to

(a) Suspending any officer/official/police personnel for insubordination or dereliction of duty;

(b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct;

(C) making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission’s recommendations;

(d) the Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.”

It has been brought to the notice of this Department by the Election Commission of India that in many cases the Governments concerned do not initiate promptly disciplinary action against the delinquent officials as recommended by the Commission as envisaged in the aforesaid agreement.

3. The instructions issued in terms of the DOPT’s CM. dated 07.11.2000 are, therefore, reiterated and it is emphasized that the terms of settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules. The recommendations of the Election Commission made to the Competent Authority for taking disciplinary action for any act of insubordination or dereliction of duty while on duty shall be promptly acted upon by the disciplinary authority and action taken should be communicated to the Election Commission within a period of six months from the date of the Election Commission’s recommendations.

4. All Ministries/Departments are requested to bring the aforementioned Terms of Settlement and the contents of para 3 above to the notice of all concerned for information and compliance.
Yours faithfully,

(P. PRABHAKARAN)

Deputy Secretary to the Government of India

Recommendations of 6th Central Pay Commission – Applicability of revised Group ‘D’ pay scales to Casual Labourers with Temporary Status DOPT, DOPT Circular 2012 Add comments Jan 23 2012

No.49011/31/2008-Estt. (C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi.
Dated: 23rd January, 2012

OFFICE MEMORANDUM

SUBJECT: Recommendations of 6th Central Pay Commission – Applicability of revised Group ‘D’ pay scales to Casual Labourers with Temporary Status.

In supersession of this Department’s O.M. of even number dated 12.9.2008 on the above subject it has been decided that the wages of Casual Labourers, who were granted the temporary status in terms of the provisions of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993 issued by this Department and were in receipt of wages based on the pre revised S-I scale as on 1.1.2006, may be worked out and paid on the basis of the Pay Band I with Grade Pay of Rs.1800/- w.e.f. 1.1.2006 provided they are matriculate. In case of similarly placed non-matriculate temporary Status casual labourers, the above benefit of wages w.e.f. 1.1.2006 may be extended only after imparting the requisite training by the respective administrative Ministries/Departments on the lines indicated in the MOF O.M. No. 1/1/2008-IC dated 24.12.2008.

2. This issues with the concurrence of Ministry of Finance (Department of Expenditure).

The Hindi version of this O.M. will follow.

(P. Prahhakaran)
Director(Estt.)

Source: www.persmin.nic.in

Maintenance and preparation of Annual Performance Appraisal Reports(APAR)-communication of all entries for fairness and transparency in public administration

No. 21011/1/2005-Estt.A(Pt.II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block. New Delhi
Dated the 19 May, 2011

OFFICE MEMORANDUM

Subject: Maintenance and preparation of Annual Performance Appraisal Reports-communication of all entries for fairness and transparency in public administration.

The undersigned is directed to draw attention of the Ministries/Departments to this Departments OM No21011/1/2005-Estt.(A)(Pt.II) dated 14.5.2009 by which the system of communicating the entries in the APAR from the reporting period 2008-09 onwards for representation if any was introduced. The Competent Authority to consider the representation shall decide the matter objectively based on the material placed before him within a period of 30 days from the date of the receipt of the representation.  The Competent Authority after due consideration may reject the representation or may accept or modify the APAR accordingly. in this Departments OM of even number dated 13.4.2010, it was further decided that if an employee is to be considered for promotion in a future DPC and his ACRs prior to the period 2008-09 which would be reckonable for assessment of his fitness in such future DPCs contain final grading which are below the benchmark for his next promotion, before such ACRs are placed before the DPC, the concerned employee wdl be given a copy of the relevant ACR for his representation, if any, within 15 days of such comrnunlcaton. It may be noted that only below benchmark ACR for the period relevant to promotion need be sent. This OM dated 13.4.2010 specifically provided that in case of upgradation of the final grading given in the APAR, specific reasons therefor may also be given in the order of the Competent Authority Since the provisions of the above OM dated 13.4.2010 are applicable only for future DPCs where the recommendations wifl be implemented prospectivety from the date of assuming charge of the higher appointment, the provisions will not be applicable to retired officers.

2. The UPSC has brought to the notice of this Department that in the DPCs being held under the aegis of the Commission, orders of the Competent Authority do not contain specific reasons for such upgradation in a number of cases. Such orders cannot be termed as disposed off in a quasi-judicial manner as laid down in the aforesaid OM dated 13.4 2010. Grading an officer below the bench mark by the DPC in such cases on the ground of upgradation being without giving sufficient reasons is prone to avoidable representations.

3. In order that the DPC proceedings are held on schedule and without any necessity to over look the decisions given by the Competent Authority while upgrading the grading in the APAR without specific reasons and justifications, all Ministries/Departments are requested to kindly bring to the notice of the Competent Authority while forwarding the representation against remarks in the APAR that the authority may decide on the representation in an objective marwer within 30 days of receipt of the representation and give specific reasons in case of upgradation of the final gradrg given In the APAR as per provisions contained in this Department’s aforesaid OM dated 13.4.2010.

(C.A. Subramanlan)
Director