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THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 15th March, 2017

G.S.R. 251(E).-In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) Amendment Rules, 2017.

    (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, for rule 48, the following rule shall be substituted, namely:

48, Special Leave connected to inquiry of sexual harassment - Leave upto a period of 90 days may be granted to an aggrieved female Government Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Government Servant under this rule shall not be debited against the leave account.

Footnote : The principal rules were published vide Notification Number 80. 940, dated the 8th April, 1972 f and were last amended vide Notification number G.S.R. 711(E) dated the 8th October, 2014.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O. 940 dated the 8th April, 1972 and have been subsequently amended.

North Block, New Delhi — 110001

Dated: 7 March, 2017

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.

North Block, New Delhi

Dated 1.3.2017

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.

North Block, New Delhi

Dated: 19th January, 2017

The undersigned is directed to refer to this Department’s O.M. No. 22011/4/91-Estt.A dated 14.09.1992 issued in the light of the Judgement dated 27.08.1991 of the Hon’ble Supreme Court in the case of Union of India v/ s K.V. Jankiraman etc. (AIR 1991 SC 2010). References have been received seeking clarification with regard to the course of action in cases where the Government servant is acquitted by trial court but an appeal against the judgment is either contemplated or has been filed. This issue has been examined in the light of various court judgements including Bank of India and another vs. Degala Suryanarayana, Appeal (Civil) 3053-54 of 1997, (1999) 5 SCC 762 in consultation with Department of Legal Affairs and it is clarified as following:

. Where the recommendation of DPC has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the Government servant provided it has not been stayed by a superior court.

ii. In the order of promotion a mention may however be made that the promotion is provisional subject to the outcome of appeal that may be filed against, the acquittal of the Government servant. The promotion thus will be without prejudice to the action that may be taken if the judgement of the trial court acquitting the Government servant is set-aside.

iii. In case on appeal the Government servant stands convicted, following action will be taken:

a. The provisional promotion shall be deemed non est, and the Government servant shall stand reverted;

b. In case of the Government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be  under suspension in terms of rule 10(2)(b) from the date of conviction;

c. Action under rule 19 (i) of the CCS(CCA) Rules, 1965, read with OM No. 11012/11/85-Estt (A) dated the 11th November, 1985 and 4th April, 1986 shall be taken.

2. All Ministries/ Departments are requested to bring the aforesaid instructions to the notice of all concerned and take action accordingly.

3. Hindi version will follow.