Submission of Digital Life Certificate Date Extended Upto 31st March

Submission of Digital Life Certificate Date Extended Upto 31st march 2017

EPF & MP Act, 1952 made applicable to all staff employed in ECHS on contractual basis

A single page composite claim form in death cases replaces Form 20, form 5-IF and Form 10-D

Noticing that many pensioners are yet to submit Aadhaar authenticated Jeevan Pramaan as life certificate for continuation of drawal of pension, the EPFO has further extended the last date of submission of Digital Life Certificate through Jeevan Pramaan Patra upto 31st March 2017. Earlier the last date was 28th February 2017.

Members and pensioners of the Employees’ Pension Scheme, 1995 are required to furnish Aadhaar number by 31st March 2017. In case a member has not been allotted Aadhaar Number, a copy of Aadhaar Enrolment ID slip is required to be attached for settlement of claim under EPS, 1995, namely for pension processing and monthly pension payments. Aadhaar number however is not required in case a member of pension scheme having less than 10 years of service chooses to withdraw by making an application in Form 10-C.

An Employee Enrolment Campaign-2017, started by EPFO on January 1st 2017 to cover left out workers, continues upto 31st March 2017. Under the scheme:-

· The employee’s share of contributions if not deducted by the employer is waived.

· Nominal damages to be paid by the employer, in respect of the employees for whom declaration has been made under this campaign, is at the rate of Rupee One per annum.

· Administrative charges have been waived.

Even though the EPF & MP Act, 1952 does not differentiate between casual, contractual and regular employees, it was noted that a large number of contractual employees hired by principal employer including those by the government departments, PSU and autonomous Organizations have remained out of coverage under EPFO. It is the duty of the principal employer to ensure compliance of their outsourced / regular / contract / casual / daily wager to the schemes under EPF Act.

To ensure coverage of workers, principal employers have been advised to ensure that their contractors are registered with EPFO before award of any contract or making any payments. EPFO provides relevant information in this regard to principal employers online.

A health care scheme called ECHS was formulated by Ministry of Defence for its ex-servicemen. The contractual workers of ECHS till now were deprived of the social security benefits under EPFO. The ECHS now has been brought under the ambit of the EPF Act. Ministry of Defence has issued necessary directions to the ECHS for enrolling their contractual staff. Similarly, all eligible workers engaged by contractors working with Military Engineering Services (MES) and Indian Railways have also being requested to ensure coverage of contractual employees under EPFO.

Towards continuous strive to bring increased conveniences and efficiency, a single page Composite Claim Form (Aadhar) replaces Forms No. 19 (UAN), 10C (UAN) & 31(UAN) for subscribers seeding their Aadhar number with UAN. This can be submitted without the attestation of employers. For subscribers who are yet to seed Aadhaar and Bank details with their UAN, a new Composite Claim Form (Non-Aadhar) replaces the existing Forms No. 19, 10C & 31.

In addition, a Composite Claim Form in death cases replaces the existing Forms No, 20, 5-IF and 10-D. The claimants can apply for claim of Provident Fund, Insurance Fund and monthly pension through this single page composite claim form in case of death of a member.

Source: PIB News

Will announcements regarding 7th Central Pay Commission Allowances be made this week?

Will announcements regarding 7th CPC Allowances be made this week?

“Will the authorities announce the Government’s decisions regarding all the allowances for the Central Government employees, including the HRA, at least this week?”

The 7th Pay Commission’s recommendations on the allowances being given to the Central Government employees was nothing short of controversial. The employees were very dissatisfied that the Commission had recommended that the rates of HRA percentage, which they had been receving for the past ten years, be reduced. The various Central Government employees’ unions and federations announced protests to review the recommendations on Minimum Pay, Fitment Factor including HRA.

The centre responded by constituting a special high-level committee, chaired by Finance Secretary Ashok Lavasa to review the recommendations on allowances by the 7th CPC. The government had initially instructed the committee to submit its report within four months. Later, citing the stagnation that resulted due to demonetization, the committee was given an additional two months’ time. The extended duration ended last month.

The Allowance Committee was expected to submit its report to the government on February 22. The media – print, websites of all the leading dailies and countless blogs, were full of contradictory reports and guesses. There is no concrete information available on this issue until now.

Meanwhile, the CGDA published a circular on 3rd March 2017 regarding Alloawnce Committee on its official portal. The circular said, MoD has received an Office Memorandum from the Finance Ministry on 23.02.2017 regarding HRA. The O.M. had instructed the Ministry of Defence to submit a detailed report of all its employees, those who were given Government accommodations, and on those who were receiving house rent allowances.

The order said that the step was taken as part of its response to the demand made by the Staff Side of National Council JCM and many other Ministries/Departments, to revise the rates of HRA percentage recommended by the 7th Pay Commission.

Latest reports claim that the government has decided to release its reports after studying the current status of HRA in the Defence sector, which employs the most number of employees among the various Central Government Ministries.

Source: http://teut.in/

GPF Subscribers Enhanced Advance Limit Upto Tweleve Months Of Pay

GPF Advance Limit Enhanced upto 12 Months of Pay – DoPPW Order

Amendment to the provisions of General Provident Fund (Central Service )Rules 1960- liberalization of provisions for drawal of advance from the Fund by the subscribers.

“Enhance the limit of advance upto 12 months of pay or three-fourth of the amount at credit, whichever is less”

No 3/212017 -P&PW (F)(i)

Ministry of Personnel, PG & Pensions

Department of Pension & Pensioners’ Welfare

Desk-F

3rdFloor, Lok Nayak Bhavan,

Khan Market, New Delhi-11 0003

Dated 7th March, 2017.

OFFICE MEMORANDUM

Subject : Amendment to the provisions of General Provident Fund (Central Service )Rules 1960- liberalization of provisions for drawal of advance from the Fund by the subscribers – regarding.

The General Provident Fund (Central Service )Rules came into force in 1960. Rule 12 of the said rules provide for drawal of advance by the subscribers, to be sanctioned by the competent authority for reasons indicated in the Rules. Some amendments have been made from time to time to address the concerns raised by the subscribers. However, the provisions, largely. remain restrictive. There is a felt need to liberalize provisions, raise limits and simplify the procedure.

2. The provisions in the. rules have now been reviewed and it has been decided to permit the subscriber to prefer an advance from General Provident Fund (Central Service) Rules 1960 for the following purposes:

Subject:

• (i) Illness of self, family members or dependents,
• 
  
• (ii) Education of family members or dependent of the subscriber. Education will include primary, secondary and higher education, covering all streams and educational institutions,
•  
• (iii) Obligatory Expenses viz. betrothal; marriage, funerals, or other ceremonies,
• 
  
• (iv) Cost of Legal proceedings, .
• 
  
• (v) Cost of defence,
• 
  
• (vi) Purchase of consumer durables,
• 
  
• (vii) Pilgrimage and visiting places of eminence. This will include any travel and . tourism related activities.

3. It has been decided to enhance the limit of advance upto 12 months of pay or three-fourth of the amount at credit, whichever is less. Amount of advance will be recoverable in a maximum of 60 instalments. The advance may be sanctioned by the declared Head of Office . .

4. The declared Head of Department is competent to sanction an advance from the fund for reasons not covered above.

5 Maximum time limit of fifteen days is being prescribed for sanction and payment of an advance from the Fund. In case of emergencies like illness etc., the time limit maybe restricted to seven days.

6. In all the above cases of advance, no documentary proof is required to be furnished by the subscriber. A simple declaration by the subscriber explaining the reasons for advance would be sufficient.

7. Necessary amendment to the GPF(Central Service)Rules 1960, giving effect to the above provisions will be issued in due course.

8. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

9. This issues with approval of Department of Expenditure, vide their ID No. 4(1)/EV/2017 dated 28.02.2017.

10. Hindi version of this OM will follow

( Sujasha Choudhury )

Director

Click Here To View The Order

Authority: http://www.pensionersportal.gov.in/

CCS Rules Regarding Fixing Of Timelines For Finalizing Disciplinary Proceedings

DoPT Instruction regarding fixing of timelines for finalizing disciplinary proceedings

F.No.11012/9/2016-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training Establishment Division

North Block, New Delhi — 110001

Dated: 7 March, 2017

OFFICE MEMORANDUM

Subject: Amendment in Central Civil Services (Classification, Control & Appeal) Rules, 1965 regarding fixing of timelines for finalizing disciplinary proceedings — regarding.

The undersigned is directed to say that it has been proposed to amend the CCS(CC&A) Rules 1965 by introducing stringent timelines for completing Disciplinary proceedings in a time bound manner. The proposed draft Notification for amending CCS (CCA) Rules, 1965 is enclosed herewith. Before framing the Rules, all stakeholders, Ministries / Departments are requested to offer their comments/views, if any, in this regard at the e-mail address poulose.ev13.nic.in latest by 21st March, 2017.

(Poulose.E.V)

Under Secretary to the Govt. of India

Authority: www.dopt.gov.in

AIRF Strongly Protest Against Anti-Labour Steps Of The Railway Board

Anti-labour steps of the Railway Board(Ministry of Railways)No.AIRF/24(C)

Dated: March 7, 2017

The General Secretaries,
All Affiliated Unions

Dear Comrades!

Sub: Anti-labour steps of the Railway Board(Ministry of Railways)

In the DC/JCM Meeting, held today with the Railway Board, AIRF strongly lodged its protest against anti-labour steps of the Railway Board(Ministry of Railways) in general and encroachment on trade union rights by way of issuing orders dated 30.01.2017, in particular, debarring the Supervisory Staff, belonging to Safety Category, working in Grade Pay of Rs.4200 and above from becoming officebearers of the railway unions.

General Secretary AIRF, while expressing his anguish on the attitude of the Ministry of Railways, also pointed out that, despite already arrived at agreements on the following issues, Railway Board have failed to issue instructions for implementation thereof despite lapse of substantial period of time:-

• (i) Upgradation of apex level Group `C’ staff to Group `B’ Gazetted.
• (ii) Placement of the Supervisors in the erstwhile Grade Pay of Rs.4800 in place of GP Rs.4600 .
• (iii) Non-implementation of the agreed structure of the Trackmen in the ratio of 10:20:20:50 and
• their promotional avenue.
• (iv) Stepping-up of pay of the Loco Inspectors.
• (v) Issues related to Running Staff, already agreed upon in the Fast Track Committee.
• (vi) For financial upgradation under MACPS and regular promotions, existing Benchmark(prior to VII CPC) should continue.
• (vi) Regularization of Course Completed Act Apprentices, trained in Railway Establishments, in the Railways, etc. etc.

General Secretary, while expressing serious discontentment over these issues specifically, mentioned that, Ministry of Railways is directly interfering in the functioning of the trade union by issuing dictatorial instructions, which  AIRF and the entire Staff Side is not going to tolerate, and that is why, meeting of the DC/JCM is bycotted.

Pursuant to the above, it has been jointly decided by both the recognized federations to launch undernoted agitational programme all over the Indian Railways:-

(a) 16th March, 2017 – Mass agitations, dharnas, demonstrations at the Branch and Depot levels.

(b) 23rd March, 2017 – Mass agitations by holding dharnas, demonstrations, rallies at the Divisional level.

(c) 30th March, 2017 – Massive demonstrations at the Zonal Headquarters, wherein memorandum addressed to Minister of Railways be handed over to the respective GMs, mentioning therein that, if no corrective action is taken by the Ministry of Railways, organized labour shall be at liberty to go for direct action, entire responsibility of which shall squarely rest with the Railway administration.

All of you are requested to take appropriate action accordingly, and report of the same may be forwarded to AIRF for better appreciation.

With Good Wishes of Holi!

Comradely yours,

sd/-

(Shiva Gopal Mishra)

General Secretary

Source: AIRF

Subscribers Withdrawals GPF Fund - Amendment Orders Issued On 7-3-2017

GPF Withdrawals – Amendment orders issued on 7.3.2017

Amendment to the provisions of General Provident Fund (Central Service )Rules 1960- liberalization of provisions for withdrawals from the Fund by the subscribers – regarding.

No.3/2/2017-P&PW(F)(ii)

Ministry of Personnel, PG & Pensions

Department of Pension & Pensioners’ Welfare

Desk-F

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-11 0003

Dated the 7th March, 2017.

OFFICE MEMORANDUM

Subject: Amendment to the provisions of General Provident Fund (Central Service )Rules 1960- liberalization of provisions for withdrawals from the Fund by the subscribers – regarding.

The General Provident Fund (Central Service )Rules came into force in 1960 and Rule 15 of the said rules provide for withdrawals by the subscribers. Some amendments have been made from time to time to address the concerns raised by the subscribers. However, the provisions, largely remain restrictive. There is a felt need to liberalize provisions, raise limits and simplify the procedure.

2. The provisions in the rules have been reviewed and it has now been decided to permit withdrawals from the fund by the subscriber for the following purposes:

(i) Education – This will include primary, secondary and higher education, covering all streams and institutions,

(ii) Obligatory Expenses viz. betrothal, marriage, funerals, or other ceremonies of self or family members and dependants,

(iii) Illness of self, family members or dependants,

(iv) Purchase of consumer durables.

3. It has been decided to permit withdrawal of upto twelve months payor three-fourth of the amount standing at credit, whichever is less. For illness, the withdrawal may be allowed upto 90% of the amount standing at credit of the subscriber. A subscriber may seek withdrawal after completion of ten years of service.

(v) Housing including building or acquiring a suitable-house or a ready-built flat for his-residence,

(vi) Repayment of outstanding housing loan,

(vii) Purchase of house site for building a house,

(viii) Constructing a house on a site acquired,

(ix) Reconstructing or making additions on a house already acquired,

(x) Renovating, additions or alterations of ancestral house.

4. A subscriber may be allowed to withdraw upto ninety percent of the amount standing at credit for the above purposes. It is also decided do away with the present instructions which lay down that subsequent to the sale of house for which GPF withdrawal has been availed, the amount. withdrawn has to be deposited back. GPF withdrawal for housing purpose will no longer be linked with the limits prescribed under HBA rules. A subscriber may be permitted to avail the facility at any time during his service.

(xi) Purchase of motor car/motor cycle/ scooter etc. or repayment of loan already taken for the purpose,

(xii) Extensive repairs /overhauling of motor car,

(xiii)Making deposit to book a motor car/motor cycle/scoter, moped etc.

5. A subscriber may be permitted to withdraw three- fourth of the amount standing at credit or cost of the vehicle, whichever is less for the above purposes. Withdrawal for the above purpose will be permitted after completion of 10 years of service.

6. Presently, withdrawal of upto 90% of balance without assigning reasons is allowed for Government servants who are due for retirement on superannuation within a year. It is proposed that this may be allowed for upto two years before superannuation.

7. In all cases of withdrawal from the fund by the subscriber, the declared Head of Department is competent to sanction withdrawal. No documentary proof will be required to be furnished by the subscriber. A simple declaration form by the subscriber explaining the reasons for withdrawal would be sufficient.

8. As per the GPF(CS) Rule 1960, no time limit has been prescribed for sanction and payment of withdrawal amount. Therefore, it has been decided to prescribe a maximum time limit of fifteen days for sanction and payment of withdrawal from the Fund. In case of emergencies like illness etc., the time limit maybe restricted to seven days.

9. Necessary amendment to the GPF(Central Service)Rules 1960, giving effect to the above provisions will be issued in due course.

10. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

11. This issues with approval of Department of Expenditure, vide their ID No. 4(1 )/EV/2017 dated 28.02.2017.

12. Hindi version of this OM will follow

sd/-

(Sujasha Choudhu)

Director

Click Here To View The Order

Authority: http://www.pensionersportal.gov.in/

NFIR – Both Federations walked out from the DC/JCM Meeting

Railway Board’s order dated 30.01.2017 curbing workers’ rights – Walkout by Federations from DC/JCM meeting today i.e., 07.03.2017

No.IV/I/Pt.III

07.March, 2017

The General Secretaries of
Affiliated Unions of NFIR

Brother,

Subject: Railway Board’s order dated 30.1.2017 curbing workers’ rights.

In the DC/JCM meeting held on 7.3.2017, during Opening Address, both the Federations have taken a stand that the unconstitutional order dated 30.1.2017 preventing Safety (Supervisory) Staff

from becoming Office bearers should be withdrawn by the Railway Board immediately to facilitate negotiations to resume.

The President, General Secretary, Working President etc. have conveyed their strong protest against the Board’s letter dated 30.1.2017.

The General Secretary/NFlR had stated that the Railway Board has betrayed the Federations and the Railway Board has equally failed on several counts on written commitments. notably:

• a) Replacement of GP 4600 with 4800
• 
  
• b) Upgradation from Gr.C to Gr.B (Gaz.)
• 
  
• c) Allotment of GP 4600 to Loco (Mail)
• 
  
• d) Stepping up of pay of Loco Inspectors inducted prior to 1.1.2006
• 
  
• e) Arbitrary reversal of various decisions given in the past (as a result of agreements with the Federations) and without caring to consult federations.
• 
  
• f) Track Maintainers upgradation (written commitment of Board)

In light of Railway Board’s total failure, the Federation (NFIR) conveyed that it is not in a mood to participate in the negotiations of DC/JCM forum and at the same time demanded immediate

withdrawal of Board’s order dated 30.1.2017, if the Railway Board sincerely feels that industrial relations are required to be preserved.

With the above observations in the DC/JCM meeting, the leaders left the meeting place. Both the Federations have jointly walked away from the meeting.

Please convey to all employees the above development, as the Railway Board’s order is a direct attack on the rights of workers, whether they are Supervisors or Non-Supervisors and it is a gross violation of Trade Union Act, ID Act etc.

Also convey the “Walk Out” decision of Federations to GMs, CPOs etc.

Yours fraternally,

sd/-

(Dr.M.Raghavaiah)

General Secretary

Source: NFIR

Retirement Gratuity Ceiling hiked to Rs.20 lakh for bank employees and officers

Retirement Gratuity Ceiling hiked to Rs.20 lakh for bank employees and officers – AIBEA

Joint Ciruclar on Gratuity Ceiling

CIRCULAR TO ALL UNITS & MEMBERS

March, 2, 2017

Dear Comrades,

Improvements in Gratuity under Gratuity Act

Our units are aware that Gratuity is one of the important retirement benefits for the bank employees and officers. In all Banks ( except SBI ), Gratuity is paid as per formula under BPS/OSR or under the Gratuity Act whichever is higher. (In SBI, Gratuity is payable under the Act only).

While there is no ceiling for Gratuity under BPS/OSR, under the Act, there is a ceiling which is at present Rs. 10 lacs. (from 25-5-2010). When an employee or officer retires from the Bank, his/her Gratuity entitlement would be calculated both under the Act and under BPS/OSR and the higher of the two will be paid.

For example, a senior substaff/Daftary retiring after 40 years’ service would be eligible for ( approx.) Rs. 5 lacs under BPS and Rs. 8 lacs under the Act and hence would be paid Rs. 8 lacs as Gratuity.

A senior Clerk/Special Asst. would be eligible for Rs. 9.50 lacs under the BPS and Rs. 10 lacs under the Act and hence would be paid Rs. 10 lacs.

A senior General Manager of a Bank retiring after 40 years’ service would be eligible for Rs. 17 lacs under the OSR and Rs. 10 lacs under the Act and hence would be paid Rs. 17 lacs.

Due to continued inflationary trend and erosion in value of rupee, AITUC and all other Central Trade Unions have been demanding improvement/removal of ceiling under the Gratuity Act. Due to their effort, the ceiling was increased from Rs. 1 lac to Rs. 2.50 lacs, and then to Rs. 3.50 lacs and to Rs. 10 lacs in May, 2010. They have been demanding for removal of ceiling on Gratuity under the Act.

AITUC and Central Trade Unions have been pursuing this issue for the last more than 4 years through various programmes and struggles.

Thus AIBEA and AIBOA have been part and parcel of all these programmes and strikes on the 12 Points Charter of Demands of the Central Trade unions which includes the demand for improvement in Gratuity Act.

AITUC and Central Trade Unions have been following up these demands with the Government and as a result, recently on 23-2-2017, the Central Government called for a Tripartite meeting on the issue of revising the ceiling on Gratuity. From AITUC, its Secretary, Com D L Sachdev participated and put forth the following suggestions.

i) While there should be no ceiling for Gratuity, as an interim measure, Government’s proposal to increase in ceiling of Rs. 20 lacs can be accepted.

ii) The revised ceiling should be made effective from January, 2016.

iii) Minimum service of 5 years for eligibility for Gratuity to be removed.

iv) Gratuity to be paid at 30 days wage per year instead of 15 days wage as atpresent.

v) All factories/establishments to be covered by the Act irrespective of number of workers.

All these matters have to be finally cleared by the Labour Ministry and then by Finance Ministry and then to be brought to the Parliament for amendment to the Gratuity Act.

Units are aware that improvement in Gratuity Act has been one of the demands of our strike on 28-2-2017. We are in touch with the AITUC and will keep our units informed of any further development in this regard.

With greetings,

Yours comradely,

sd/-	sd/-
S. NAGARAJAN	C.H. VENKATACHALAM
GENERAL SECRETARY	GENERAL SECRETARY
AIBOA	AIBEA

Source: AIBEA

Simplification of Pension process for permanently disabled Children/siblings and dependent parents

Simplification of Pension process for permanently disabled Children/siblings and dependent parents

No.25014/05/2016.AIS-II

Government Of India

Ministry Of Personnel, Public Grievance and Pensions

Department of Personnel & Training

North Block, New Delhi – 110 001

Dated 30th January, 2017

To

The chief Secretary of all the
State Government/UTs

Subject: Extension of scope of Department of Pension and Pensioner’s Welfare’s OM regarding ” Simplification of Pension process for permanently disabled Children/siblings and dependent parents” to All India Service officers/Pensioners-reg.

Sir/Madam,

I am directed to refer to this Department’s letter of even number dated 01.09.2016 whereby provisions of Department of pension and pensioner’s welfare’s OM 1/27/2011-P&PW(E) dated 01.07.2013 regarding “advance approval for grant of family pension to permanently disabled Children/siblings and dependent parents of the Central Government Pensioners” was extended mutatis-mutandis to permanently disabled children/siblings and dependent parents of all india service officers/pensioners.

2. Further, it is to state that in Department of pension and pensioner’s Welfare’s OM dated 01.07.2013 at para the word ” Appointing Authority” is used for central government pensioners where the “Appointing Authority” is the administrative Ministry which also issues the pension payment order unlike in the case of all India service officers/pensioners. Accordingly, it is hereby clarified that the word ” Appointing Authority” in respect of all india service officers/pensioners may be read as ” Competent Authority” for grant of advance approval in terms of provisions of Department of Pension and Pensioner’s Welfare’s OM dated 01.07.2013.

Yours faithfully,

(Rajesh Kumar Yadav)

Under Secretary to Government of India

Authority: www.dopt.gov.in

DOPT – Procedure for dealing with cases of disagreement between Disciplinary Authority and CVC

Procedure for dealing with cases of disagreement between Disciplinary Authority and CVC — instructions regarding consultation with UPSC thereof

No.372/3/2017-AVD.Ill

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi

Dated 1.3.2017

OFFICE MEMORANDUM

Subject: Procedure for dealing with cases of disagreement between Disciplinary Authority and CVC — instructions regarding consultation with UPSC thereof.

The undersigned is directed to refer to the OM No. 372/19/2011 — AVD—III (Pt. I) dated the 26th September, 2011 on the above subject which provided for dispensing with second stage consultation with the CVC in disciplinary matters. However, in those cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC was to continue. Further, CVC issued a circular dated 7/12/2012 stipulating that wherein Disciplinary Authorities (DA) tentatively proposes not to impose any of the statutory penalties at the conclusion of the proceedings, the second stage consultation would continue to be made with the Central Vigilance Commission, involving Group `A’ officers of the Central Government, members of All India Services and such other categories of officers of the Central Government involved in composite cases.

2. Despite clear instructions on the subject some instances have come to the notice where Ministries and Departments are not following the above guidelines leading to delay in disposal of the disciplinary cases.

3. The matter has been considered in consultation with UPSC and CVC and following are being reiterated:

(i) All cases, where the Disciplinary Authority (DA) decides to impose a penalty after conclusion of the proceedings and where UPSC consultation is required as per existing rules/instructions, shall not be referred to the CVC for second stage consultation.

(ii) The CVC circular 8/12/14 of 3rd December, 2014 stipulates that all such cases where the DA proposes to take any action which is at variance with the Commission’s first stage advice would continue to be referred to the Commission for obtaining second stage advice. In this regard it has now been clarified by CVC that the aforementioned circular applies only to the disciplinary cases of non-Presidential appointees including officials of CPSEs, Public Sector Banks, and Autonomous Bodies etc. The above instructions, therefore, do not apply to the cases of the officers of Group A services of the Central government, All India Services (AIS) and such other categories of officers of the Central Government where consultation with UPSC is necessary before imposition of any of the prescribed penalties.

4. In a situation where on conclusion of the departmental proceedings, DA is of the tentative view that no formal penalty needs to be imposed in respect of officers of Group `A’ services of the Central Government, All India Services (AIS) & such other categories of officers of the Central Government and refers the case for second stage consultation with CVC and if CVC advises imposition of a penalty which the DA on consideration decides not to accept, then this becomes a case of disagreement between DA and CVC which as per standing instructions require resolution by DoPT.

5. All Ministries/Departments are, therefore, advised to strictly adhere to these instructions.

6. Hindi version will follow.

sd/-

(Devesh Chaturvedi)

Joint Secretary to the Govt of India

Click Here To View The Order

Authority: http://dopt.gov.in/