Departmental proceedings against Government Servants

DEPARTMENT PROCEEDINGS AGAINST GOVERNMENT SERVANTS

MOST IMMEDIATE

NO. 39011/12/2009-Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated: the 10^th May, 2010

OFFICE MEMORANDUM

Subject: Subject:-Departmental proceedings against Government Servants Procedure for consultation with the Union Public Service Commission.

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The undersigned is directed to say that all Ministries/Departments were requested vide this Department’s OM No. 39011/4/87-Estt(B) dated 15/4/87 to ensure that references to the Commission in disciplinary matters [under Article 320(3) (c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation) Regulations, 19581 are made without any avoidable delay so that adequate time is available for the Commission to give their advice and also for the department to take a decision in time.

2. The Commission has again brought to the notice of this Department that the references on disciplinary matters from various Ministries / Departments are being received in the UPSC only a few days before the officer is due to retire or where a deadline set by a judicial order is to expire shortly, thereby leaving little time for the Commission to tender its advice.

3. The disciplinary proceeding being quasi- judicial in nature, the Commission tenders its advice after a thorough judicious and independent consideration of all relevant facts, which is a time-consuming process. While the Commission tries to give its recommendation most expeditiously, the process generally takes 3 to 4 months. All Ministries / Departments are once again requested to ensure that the complete reference on disciplinary matters [under Article 320(3) (c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation)Regulations, 19581 is made to the Commission allowing sufficient time to the Commission to give its advice. The Commission would expect that the complete reference is received in the Commission at least six months in advance of the retirement of the charged officer in order to get advice of the Commission and the implementation thereof.

4 Some minor changes in certain Columns in the Proforma / Checklist for/ forwarding disciplinary cases to the UPSC have became necessary and an updated Proforma is enclosed.

(Rakesh Moza)
Under Secretary to the Government of lndia