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Download report of the Seventh Central Pay Commission (7.19MB) 

HAPPY DIWALI.

Najib Shah Appointed CBEC Chairman

New Delhi: Senior IRS officer Najib Shah was today appointed as Chairman of Central Board of Excise and Customs (CBEC), apex body on Indirect Taxes.

Najib Shah was today appointed as CBEC Chairman.

The Appointments Committee of Cabinet has approved the appointment of Shah as Chairman, CBEC, an order issued by the Department of Personnel and Training said.

Shah, a 1979 batch officer of Indian Revenue Service (Customs and Central Excise), has been working as Member in the board since May this year.

Shah, who had also been Director General of Directorate of Revenue Intelligence (DRI), was also acting Chairman of the board after retirement of Kaushal Srivastava, about three months back.

Shah will have tenure till March 11, 2017, when he attains the age of superannuation–60 years.

The CBEC consists of a chairperson and maximum of six members. At present, Shah’s wife Neerja, V S Krishnan, Vanaja N Sarna, Ram Tirath and Ananya Ray are working as other members.

JAC OF CBEC

The constituent Association of Joint Action Committee (JAC) in CBEC met on 04^th Oct, 2015 in C.R. Building, New Delhi.  A review was undertaken to assess the developments on each of the demands placed by the JAC before the Board.  It was noted with concern that nothing much has happened since then although Board has issued a Minutes of the meeting held with the Hon’ble Chairman on 21.07.2015, the Minutes did not have any specific commitment.  It was unanimously decided to press for settlement of pending demands.  Some associations were of the view that the JAC should embark  on agitational programme to press for our demands.  Some others opined that we should prepare our organization and in the meanwhile negotiate with the Board to achieve in a time bound manner.  After threadbare discussions, JAC submitted a representation urging Board to take appropriate action with reference to our demands within a specific time frame (Representations of the Minutes is linked herewith).

Date of Uploading	Brief Decription
24-09-2015	Clarification regarding filling up Vacancies of the post of Inspectors, Senior Tax Assistants, Deputy Office Superintendent-incorporation of a clause of retention of eligibility service for persons holding the feeder grade posts or regular basis etc.
24-09-2015	Clarification regarding filling up Vacancies of the post of Stenographer Grade-I.
24-09-2015	Office Memorandum dated 22.09.2015 regarding Review of process of revision of pension
23-09-2015	Circular regarding Review of process of revision and disbursement of arrears of pension to the concerned pre 2006 pensioners

PAYMENT OF DEARNESS ALLOWANCE TO CENTRAL GOVERNMENT EMPLOYEES – REVISED RATES EFFECTIVE FROM 1.7.2015

No.1/2/2015-E-II (B)

Government of India

Ministry of Finance

Department of Expenditure

North Block, New Delhi

Dated: 23rd September, 2015.

OFFICE MEMORANDUM

Subject: Payment of Dearness Allowance to Central Government employees – Revised Rates effective from 1.7.2015

            The undersigned is directed to refer to this Ministry’s Office Memorandum No.1/2/2015-E-II (B) dated 10th April, 2015 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 113% to 119% with effect from 1st July, 2015.

2.         The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No. 1(3)/2008-E-II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.

3.         The additional installment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.

4.         These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and Ministry of Railways, respectively.

5.         In so far as the employees working in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

Sd/-

(A. Bhattacharya)

Under Secretary to the Government of India

Authority: www.finmin.nic.in

Amendment in Recruitment Rules for the post of Tax Assistant (TA).

            

Supreme Court judgement on Aadhar card CLICK HERE FOR DETAILS

Review of CSSS Officers (PSO) under FR 56(j) and Rule-48 of CCS (Pension) Rules, 1972- reg CLICK HERE FOR DETAILS

Processing of files referred to DOPT for advice/clarification: Draft OM by DoPT for comments CLICK HERE FOR DETAILS

THE NEXT MEETING OF JAC OF CBEC WILL BE HELD ON 04.10.2015 AT 11.00HRS AT CR BUILDING , NEW DELHI.

Date of Uploading	Brief Decription
21-09-2015	Review of process of revision and dissbursement of arrears of pension to the concerned pre-2006 pensioners
21-09-2015	Circular dt. 21-Sept-2015 for VRS

17-09-2015	Letter dated 28.08.2015 regarding the review status of 'Jeevan Pramaan'- Aadhar based Life Certificate by Pensioners
17-09-2015	Waiver from payment of Cost Recovery charges in respect of customs Staff
17-09-2015	Streamlining the process of Adjudication
16-09-2015	Shifting of Headquarters of commissionerates

THE NEXT MEETING OF JAC WILL BE HELD ON 04.10.15 AT NEW DELHI.

Presentation made before the FM by Member(ST)--(click below)

• Presentation made before the FM by Member(ST)

Strengthening of administration-Periodical review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972.

Strengthening of administration-Periodical review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972.

No.25013/01/2013-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk

North Block, New Delhi
Dated 11th September, 2015

OFFICE MEMORANDUM

Subject: Strengthening of administration-Periodical review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972.

The undersigned is directed to refer to this Department’s OM No. 25013/1/2013-Estt(A) dated 21/03/2014 on the periodical review under Fundamental Rule 56 or Rule 48 of CCS (Pension) Rules.

2. Various instructions issued on the subject deal with compulsory retirement under the above mentioned provisions. The Supreme Court has observed in State of Gujarat Vs. Umedbhai M. Patel. 2001 (3) SCC 314 as follows:

(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.

(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 31 l of the Constitution.

(iii) “For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.”

(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.

(v) Even un-communicated entries in the confidential record can also be taken into consideration.

(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.

(vii) if the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer.

(viii) Compulsory retirement shall not be imposed as a punitive measure.

3. , In every review, the entire service records should be considered. The expression ‘service record’ will take in all relevant records and hence the review should not be confined to the consideration of the ACR / APAR dossier. The personal file of the officer may contain valuable material. Similarly, the work and performance of the officer could also be assessed by looking into files dealt with by him or in any papers or reports prepared and submitted by him. it would be useful if the Ministry/Department puts together all the data available about the officers and prepares a comprehensive brief for consideration by the Review Committee. Even uncommunicated remarks in the ACRs/APARS may be taken into consideration.

4. in the case of those officers who have been promoted during the last five years, the previous entries in the ACRs may be taken into account if the officer was promoted on the basis of seniority cum fitness, and not on the basis of merit.

5, As far as integrity is considered, the following observations of the Hon’ble Supreme Court may, while upholding compulsory retirement in a case, may be kept in view:

The officer would live by reputation built around him. in an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in service would be a menace to public service and’injurious to public interest.

S. Ramachandra Raju vs. State of Orissa
[(l 994) 3 SCC 424]

Thus while considering integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account. Judgement of the Apex Court in the case of Shri K. Kandaswamy, I.P.S. (TN:1966) in K. Kandaswamy vs Union Of India & Anr, l996 AIR 277, I995 SCC (6) l62 is relevant here. There were persistent reports of Shri Kandaswamy acquiring large assets and of his getting money from his subordinates. He also indulged in property transactions which gave rise to suspicion about his bonafides. The Hon’ble Supreme Court upheld his compulsory retirement under provisions of the relevant Rules.

6. Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement. As per the Hon’ble Supreme Court in State of UP. And Others vs Vijay Kumar ‘Jain, Appeal (civil) 2083 of 2002:

If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest.

7. Many changes in the nomenclature and in the areas of responsibility of various departments/Ministries have taken place. In order to simplify and speed up the procedure of review, a need is felt to reconstitute the Review Committees. in partial modification of the OM 25013/15/86-Estt (A) dated 27/06/1986, it has been decided that the Secretaries of the Cadre Controlling Authorities will constitute Review Committees consisting of two Members at appropriate level. The Review Committees in the case of various levels of employees will be as under:

(A) in case of officers holding Group A posts:

(a) In r/o ACC appointees:

Review Committee may be headed by the Secretary of the concerned Ministry/Department as Cadre Controlling Authority.

(b) In r/o Non-ACC appointees:

(i) Where there are Boards viz CBDT, CBBC, Railway Board, Postal Board, Telecom Commission, etc. the Review Committee may be headed by the Chairman of such Board.

(ii) Where no such Boards/Commissions exist, the Review Committee may be headed ’by Secretary of the. Ministry/Department.

(B) in case of Group B (Gazetted) officers:

Additional Secretary/Joint Secretary level officer will head the Review Committee.

(C) In the case of Non-Gazetted employees:

(i) An officer of the level of Joint Secretary will head the Committee. However in case the Appointing Authority is lower in rank than a Joint Secretary, then an officer of the level of Director/Deputy Secretary will be the head.

(ii) in the case of Non-Gazetted employees in other than centralised cadres, Head of Department/Head of the Organisation shall decide the composition of the Review Committee.

8. CVO in the case of gazetted officers, or his representative in the case of non-gazetted officers, will be associated in case of record reflecting adversely on the integrity of any employee.

9. in addition to the above, the Secretary of the Ministry/Department is also empowered to constitute internal committees to assist the Review Committees in reviewing the cases. These Committees will ensure that the service record of the employees being reviewed, alongwith a summary bringing out all relevant information, is submitted to the Cadre Authorities at least three months before the due date of review.

10. The procedure as prescribed from time to time has been consolidated and enclosed as Appendix to the OM issued by this Department on 21/03/2014. As per these instructions the cases of Government servant covered by FR 56(j), FR 56(l), or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should be reviewed six months before he/she attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of 30 years of qualifying service under FR 56(l)/Rule 48 of CCS (Pension) Rules, 1972 as per the following calendar:

Sl No	Quarter in which review is to be made	Cases of employees who will be attaining the age of 50/55 years or will be completing 30 years of service or 30 years of service qualifying for pension, as the case may be, in the quarter.
1.	January to  March	July to September of the same year
2.	April to June	October to December of the same year
3.	July to September	January to March of the next year
4.	October to December	April to June of the next year

11. All Ministries/Departments are requested to follow the above instructions and periodically review the cases of Government servants as required under FR 56(j)/FR56(l)/Rule 48(1)(b) of CCS (Pension) Rules, 1972.

Uploading	Brief Decription
14-09-2015	No of MTS deployed
11-09-2015	No of MTS deployed
10-09-2015	Submission of representations directly to higher authorities by passing the prescribed channel of communication is a violation of Conduct Rules