Sanction of prosecution of government officials

Sanction of prosecution of government officials

It is stated that total 100,10 & 9 requests have been received against IAS officers, CSS officers & CBI Gr ‘A’ officers respectively.

It is stated that total 66,8 & 6 requests were permitted during the period and prosecution was sanctioned against IAS officers, CSS officers & CBI Gr ‘A’ officers respectively. Year wise breakup is mentioned in the table below:

It is stated that all the aforesaid requests in which sanction for prosecution has been received are still under trial. Hence, there is no input for conviction, acquittal and discharge.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office, Dr. Jitendra Singh in a written reply to a question by Shri Avinash Pande in the Rajya Sabha today.

Source: PIB News

Instructions regarding timely issue of Charge-sheet - Dopt orders on 3.7.2015

Instructions regarding timely issue of Charge-sheet - Dopt orders on 3.7.2015

“The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may be in a position to effectively exercise the justify of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.”

G.I., Dept. of Per. & Trg., O.M.F.No.11012/17/2013-Estt.(A), dated 3.7.2015

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 – instructions regarding timely issue of Charge-sheet – regarding.

The undersigned is directed to refer to DoP&T O.M. of even no. dated 2nd January, 2014 regarding consolidated instructions on suspension and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No.1912 of 2015 dated 16/02/2015 the Apex Court has directed as follows:

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Requirement of taking prior permission for leaving station / headquarters from going abroad while on leave – Dopt

Requirement of taking prior permission for leaving station / headquarters from going abroad while on leave – Dopt

G.I., Dept. of Per. & Trg., O.M.F.No.11013/8/2015-Estt.A-III, dated 29.6.2015

Subject: Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave.



Undersigned is directed to say that a need for further streamlining the procedure for grant of permission for going abroad on private visit has been felt. A draft of instructions and the formats for grant of permission are attached. Comments/ views, if any, in this regard may be sent to the e-mail address mp.ramarao@nic.in latest by 10th July, 2015.

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Observance of punctuality in Government Offices - Dopt orders on 22.6.2015

Observance of punctuality in Government Offices - Dopt orders on 22.6.2015

G.I., Dept. of Per.& Trg., O.M.No.11013/9/2014-Estt.A-III, dated 22.6.2015

Subject: Observance of punctuality in Government Offices.

Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.

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Implementation of Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011 in the matter of Shri T.S. R. Subramanian & Others vs. UOI & Others

Implementation of Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011 in the matter of Shri T.S.R. Subramanian & Others vs. UOI & Others

G.I., Dept. of Per. & Trg., O.M. No.F.No. 41017/2/2015-Estt.A, dated 9.3.2015

Subject: Implementation of Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011 in the matter of Shri T.S.R.Subramanian & Others vs. UOI & Others — Parliament Assurance in Rajya Sabha Unstarred Q. No.988, answered on 17.07.2014, on ‘Amendment in Rule 3(3) of All India Service (Conduct) Rules’ — regarding.

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Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

G.I., Dep. of Per. & Trg., O.M.F. No.11012/3/2015-Estt.A-III, dated 18.2.2015

Subject: Importance of following the due process in disciplinary proceedings – regarding

This Department has been emphasising the necessity of conforming with the procedures prescribed in the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] while dealing with the disciplinary proceedings conducted in Ministries/ Departments. Many a times the Hon’ble Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case. This issue was highlighted recently in the judgement of the Hon’ble Supreme Court in the B. V. Gopinath case in SLP No. 6348/2011.

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Prevention of Sexual Harassment of Women at the Workplace – Amendments to CCS(Conduct)Rules 1964

Prevention of Sexual Harassment of Women at the Workplace – Amendments to CCS(Conduct)Rules 1964

G.I., Dep. of Per. & Trg., O.M.No. 11013/2/2014-Estt (A-III), dated 2.2.2015

Subject: Central Civil Services (Conduct) Rules 1964 — Guidelines regarding prevention of sexual harassment of women at the workplace— regarding

Following the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013., the Government has recently, on 19.11.2014, notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. 

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Dopt clarification orders regarding declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013

Dopt clarification orders regarding declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013

Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 — extension of last date for filing of revised returns by public servants who have filed property returns under the existing service rules – Clarification on filing of property returns in accordance with existing service rules for different categories of public servants.

Filing of property returns already extended the time limit from 31st December, 2014 to 30th April, 2015. 

In this regard, several queries are being received from various Ministries/Departments/cadre authorities, as to whether there is any need for public servants to file property returns under the relevant provisions of the existing service rules, as applicable to them, since they are now required to file information and annual returns under the provisions of the Lokpal and Lokayuktas Act, 2013.

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Amendment in Fundamental Rules, 2014 – DoPT Notification on 2.1.2015

FUNDAMENTAL (AMENDMENT) RULES, 2014

G.I., Dep. of Per. & Trg., Notification, dated 2.1.2015

G.S.R. 6(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely:-

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Dopt Orders on Advice of the UPSC to be communicated to the delinquent Government servant

Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the UPSC to be communicated to the delinquent Government servant – Amendment – regarding.

The Disciplinary Authority shall forward or cause to be forwarded to UPSC for its advice:

A copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and

Comments on the representation of the Government servant on the Inquiry report and disagreement note, if any, with all the case records of the inquiry proceedings.

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Dopt orders on Central Civil Services (Classification, Control and Appeal) Rules

Dopt orders on Central Civil Services (Classification, Control and Appeal) Rules



Consulting the Commission where such consultation is necessary. The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission to the Government servant, who shall be required to submit, if he so desires, his written representation or submission on the advice of the Commission, to the Disciplinary Authority within fifteen days; and

(e) recording a finding on each imputation or misconduct or misbehavior.”

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COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC

COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC

The CIC Prof M Sridhar Acharyulu held on 3rd November 2014 that ‘charge-sheet’ has to be disclosed after separating non-disclosable portions, if any, as per restrictions prescribed under RTI Act. Ms. Usha Kanth Asiwal sought to know from Director of Vigilance Delhi, details of complaint made to Anti Corruption Bureau on 25-04-2001 and inquiry leading to registration of case against 13 persons under Prevention of Corruption Act, which is now under prosecution in Tis Hazari Courts. She sought 22 point information, which broadly relate to contents of the Charge-sheet.

The PIO denied the information u/s 8(1)(h) of the RTI Act claiming disclosure would impede investigation or prosecution. The First Appellate Authority upheld the decision of the PIO. She approached the Commission in second Appeal. Though demand was not for copy of charge-sheet, the appellant agreed that a copy of charge-sheet would answer his application. Then issue before the Commission was whether charge sheet was public document, and if so could that be shared under RTI Act with any citizen.

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