Showing posts with label Rulings. Show all posts
Showing posts with label Rulings. Show all posts
Wednesday, June 27, 2012
ACT UNDER BRITISH RULE - STUDY MATERIAL FOR VARIOUS DEPARTMENTAL EXAMINATION
Thursday, June 07, 2012
Employees Related - FAQ
1. What is Pay advance? When in can be availed?
Ø The
employees under orders of transfers are eligible for advance of pay. It
is not admissible for request before completion of tenure. Amount of
advance is one month’s pay in case of normal transfer and two months pay
in case of transfer due to shift of head quarters. It will be recovered
in not more than 24 installments.
2. Whether the Circle head or Divisional head is having the power of dequaterisation of a post attached quarter?
Ø As per the Directorate orders dt. 06.05.03, the Heads of Circles are competent to cause orders of dequarterisation.
Similarly,
the suspension of quarters beyond 90 days enabling the SPM to draw HRA
due to inhabited quarters shall be exercised by the circle head only.
There is no need to forward such cases to Directorate now.
3. One
Sub PM provided with post attached quarters retired from service.
Whether he should vacate the quarters on the date of retirement or keep
it for some time?
Ø As
per the Dte Orders dt. 04.10.91, he may be allowed to retain the
quarters attached to his post for a period of one month on payment of
normal rent.
4. Whether any Government dues can be recovered from the Group Insurance (CGEGIS) amount?
Ø No.
According to Para 21.2 of the scheme promulgated in 1980, it is not
permissible to adjust any Government dues from the Group Insurance
scheme amount.
5. Whether split duty allowance is admissible during the leave period?
Ø Split
duty Allowance in not admissible if an employee is not to attend duty
for full calendar month due to leave. It is similar like Transport
Allowance
(MF OM No. 9 (20)/2000-E II (B) dt. 10.06.2005)
Courtesy : http://aipeup3tn.blogspot.in/
Sunday, June 03, 2012
IMPORTANT RULES FROM PO GUIDE PART I & POSTAL MANUAL VOL V FOR PS GP B, IPO & PM GRADE 1 EXAM
POST OFFICE GUIDE : PART - I
Rule Details
03. Night Post Offices.
04. Mobile Post Offices.
05. Business Hours.
11. Franking Machine.
11(i). Franking Machine for Govt Offices.
12. Payment of Postage on Cash.
13. Spoilt or Defaced Stamps.
14. Fictitious Stamps.
32-33. Certificate of Posting.
34. Recall or Delivery of Postal Article.
38. Delivery of Regd Articles to Firms.
41. Delivery of Parcels.
55. Post Boxes.
56. Post Bag.
57. Window Delivery.
63. Identification Card.
64-66. Post Restante Articles
67-69. Redirection of Articles.
71. Redirection of Parcels.
72. Disposal of Undeliverable & Undelivered Articles in POs.
75. Disposal of Articles sent to RLO.
77. Complaint & Suggestion Book.
78-81. Method & Period preferring complaints.
82. Particulars to be furnished while preparing complaints.
89. Articles addressed to deceased persons.
98. First Class and Second Class mails.
100. Letter Envelopes – Dimensions & Size.
104. Articles enclosed in Transparent Envelops.
105. Articles enclosed in Open Panel.
107. Letter Cards & Private Manufactures.
109-112. Post Cards & Private Manufactures.
116-118. Business Reply Service.
120-127. Book Packet.
128. Book Packet containing Printed Books.
129. Book Packet containing Periodicals.
130-135. Pattern & Sample Packets.
136-138. Blind Literature Packets.
139. Definition – Regd News Papers.
140. Conditions for Registration of Regd News Papers.
141. Application for News Paper Registration.
142. Renewal & Termination of Registration.
143. Packets of Regd Newspapers.
144. Posting of Newspapers without prepayment of postage.
170. Compensation for the Loss or Damage to the Regd Articles.
171. Articles for which registration is compulsory.
172-178. Condition for Insurance.
182. Responsibility for Loss of Insured Articles.
183. Compensation for Loss of Insured Articles.
184. Cases in which insurance is compulsory.
186-192. Value Payable Articles.
199. Postage due to Official Postal Articles.
205. Camp Articles, Special bag, Camp Bag.
209-213. Articles prohibited for transmission by Inland Post.
230. Void Money Orders.
243-254. Inland Postal Order.
POST OFFICE GUIDE : PART - II
Rule Details
18 & 104. Warehousing Charges.
43. Bulk bag System.
76-78. Condition for Insurance for Foreign Articles.
82(b). Insured Boxes.
POSTAL MANUAL V
Rule Details
10. Sorting Office.
11. Sorting Sub Office.
12. Return Letter Office (RLO).
13. Office of Exchange, Office of Exchange of Transit, Foreign Post Offices &
Sub Foreign Offices
23. Station and Sorting Articles.
24. Labelled Bundle.
25. Check Slip.
25A Money Order Check Slip.
27. Registered Bundle.
29. Insured Bundle.
37A. Camp Bag.
52A. Due Mail & Sorting Lists.
53. Due Mails and Unusual Mails.
54. Face and Facing.
55. Beat.
56A. Late Letters and Too Late Letters.
57. Missent and Misdirected Articles.
57A. Trial Cards.
59. Clearance of Letter Boxes.
60. Clearance of Letter Boxes at Railway Station.
61. Treatment of Late Letters.
66. Articles with Undecipherable or Incomplete Addresses.
67. Preparation of Labelled Bundles.
69. Contents of Station Mail bag for a HO or SO.
70. Contents of Station Mail Bag for a BO.
71. Contents of a Sorting Mail Bag.
72A. Bulk Bag.
74. Plural Mail Bags.
75. Extra Mail Bags.
76/2. Inland Air Mail Delivery Bill.
77. Plural Transit Bags.
78. Extra Transit Bags.
79. Extra Despatch of Mails.
103. Book of Postmarks.
110A. Treatment of unpaid or Insufficiently paid articles for Foreign Countries.
114. Articles found Open, Damaged or without contents.
115. Treatment of Articles, the registration or insurance of which is compulsory.
116. Articles marked by Parcel Post.
122. Articles prohibited from transmission by Inland Post.
123. Articles prohibited from Importation or liable to Customs Duty.
132. Tin Seal Holder.
134. Special Bag and Camp Bag.
136&137. Due Mail and Sorting List.
139A. Trial Cards.
141. Disposal of Check Slips.
142A. Measures to be taken in case of accident to the Aircraft in the course of
conveyance.
144. Important irregularities to be reported by telegraph.
145. Error Book.
148. Redelivery to the sender or alteration/correction of address of Postal Articles
in the course of transmission by Post.
152. Production of Records before Police or Excise Officers.
154. Ordinary Postage Stamps, Coins and other articles of value found in Letter
Boxes or on a Counter.
155. Half Yearly Enumeration Return.
161-165. Unusual Bag Account.
170. Only Important cases to be reported to Head of the Circle.
173. Action to be taken respecting Absconders.
175. Submission of reports to the Head of the Circle.
177-190. Cases of High Way Robberies.
196. Delivery of Damaged Articles.
206. Short receipt of Registered Articles of all kinds.
210. Search Bills.
211. Public complaints regarding loss of Unregd Articles.
215. Credit of Unpaid Postage.
226,227, Weighment System.
231-234 &
236.
229-230, Occasional Despatches.
Thursday, May 24, 2012
Discipline and Conduct Rules -Glossary S to W
Schedule: An appendix to an Act of
legislature or to a legal instrument containing a statement of details
or taking the form of a detailed list of relevant matter.
Scope of Inquiry: As per the CCS
(CCA) rules, inquiry need be conducted only in respect of such charges,
which are not admitted. Further, the rules provide for a return of
finding of guilt by the Inquiry Officer in respect of charges admitted
by the delinquent Govt. servant. In respect of such charges, it is not
necessary to introduce witnesses and documents to prove the charges.
Secondary evidence is the
evidence drawn from the source, which is not primary. In the case of
documents, the secondary evidence is that which is drawn from certified
copies or Photostat copies. In oral evidence, the hearsay evidence will
fall in this category.
Speaking order: An order, which
contains matter, which is self-explanatory or illustrative of the mere
direction, which is given by it, is sometimes thus called.
“Recording of reason by a
quasi-judicial authority is obligatory as it ensures that the decision
is reached according to law and is not a result of caprice, whim or
fancy or reached on ground of policy or expediency. The necessity to
record reasons is greater if the order is subject to appeal”. “It is
therefore impressed upon all concerned that the authorities exercising
disciplinary powers should issue self contained, speaking and reasoned
orders conforming to the aforesaid legal requirements.”
A speaking order at its best be a reasonable one and at its worst a plausible one.
Standard of proof: The standard
of proof required in a disciplinary inquiry is that of preponderance of
probability and not proof beyond doubt.
Statute: A written law as distinguished from a customary law or law of use and wont; a subordinate legislation.
Statute law may be properly
defined as the will of the Nation, expressed by the Legislation,
expounded by courts. The legislature as the representative of the Nation
expresses the national will by means of statutes. Those statutes are
expounded by the courts so as to form the body of statute law.
Stigma: Imputation attaching to a person’s reputation, stain on one’s good name.
Sub judice: In course of trial.
Subletting includes sharing of
accommodation by an allottee with another person with or without payment
of licence fee by such other person.
Subordination is submission and obedience to authority.
Subordinate: Belonging to an inferior rank, grade, class or order; that is ranked lower.
“No person who is a member of a
civil service of the Union or an All India Service or a civil service of
a State or holds a civil post under the Union or a State shall be
dismissed or removed by an authority subordinate to that by which he was
appointed.”
None of the major penalties can
be imposed on a Govt. servant by an authority subordinate to the
appointing authority in respect of that Govt. servant.
Subsistence grant: An authoritative bestowal of such sum as to meet the minimum requirements of life.
Suspension is the action by
which a servant is kept out of duty by his master for a temporary
period. The word ‘suspend’ has been defined to mean “to debar or cause
to withdraw temporarily from any privilege, office or function”. The
contract of employment and the master-servant relationship continues
during suspension.
Tampering: Bringing improper
influence to bear upon a witness as by bribery or intimidation, altering
for improper purpose or in an improper way.
Tampering with the documents: In
order to obviate tampering with the documents, the accused officer in a
departmental proceeding should be allowed inspection of records/
documents etc. only in the presence of a responsible officer. The
Inquiry officer should take sufficient precautions to ensure that the
records/documents and other papers are not tampered with while the
documents are under his custody or during the course of actual inquiry.
Terminate: Put an end to, conclude.
Termination of service of a
temporary employee: The services of a temporary Government servant can
be terminated at any time by a notice of one month in writing given
either by the Government servant to the appointing authority or by the
appointing authority to the Government servant.
Termination of disciplinary
proceedings: Where a Government servant dies during the pendency of the
inquiry i.e. without the charges being proved against him, imposition of
any of the penalties prescribed under the CCS (CCA) Rules, 1965 would
not be justifiable. Therefore, disciplinary proceedings should be closed
immediately on the death of the alleged Government servant.
Test whether the act or omission
is punishable: The test is whether the act or omission has some
reasonable connection with the nature and conditions of service or
whether the act or omission has cast any reflection upon the reputation
of the member of the service for integrity or devotion to duty as a
public servant. The test in each case will be whether the servant is
conducting himself in a way consistent with the faithful discharge of
his obligations undertaken by him either expressly or impliedly in
accepting the service.
Transfer to a lower post: A
Government servant may be transferred to a post carrying less pay than
the pay of the post on which he holds a lien, on account of his
inefficiency or misbehaviour or on his own written request.
Trial is a judicial examination,
in accordance with law, of a cause either civil or criminal, of the
issues between the parties, whether of law or fact, before a court that
has jurisdiction over it.
Trespass: Doing of unlawful act
or of lawful act in unlawful manner to the injury of another’s person or
property or any violation or transgression of the law; passing beyond
some limit, an encroachment, intrusion on or upon.
Ultra vires: Beyond the power or authority of.
Unbecoming conduct: A conduct
which is indecent, reprehensible, or abominable involving moral though
not legal lapses is conduct unbecoming of a Government servant.
Verbatim: Using exactly the same
words. Where the statement of a witness recorded earlier during
investigation or preliminary enquiry is read over to him in the presence
of the inquiry officer, marked on his admission and a copy given to the
charged officer and he is given an opportunity to cross examine the
witness, it is not necessary that the witness should repeat verbatim the
contents of the statement given by him earlier.
Victimisation is an ordinary
English word, which means that a certain person has become a victim, in
other words, that he has been unjustly deal with.
Vigilance means watchfulness
against corruption, pilferage and intentional and non-intentional loss
to the organization. The term is derived from the word ‘vigil’ which
means keeping awake and watchful during the night.
Warning: Warning is an
admonition or reprimand administered by any authority superior to a
Govt. employee in the event of minor lapses like negligence,
carelessness, lack of thoroughness, delay etc. It is an administrative
device in the hands of superior authorities for cautioning the Govt.
employees with a view to toning up efficiency and maintaining
discipline.
Warning kept in the C.R. Dossier of a Government servant has all the attributes of a “censure”.
Willful: An act is said to be willful if it is intentional, conscious and deliberate.
Withhold: To refrain from giving, granting or permitting.
Withholding of increments of
pay: An increment may be withheld from the Government servant by the
competent authority if the Government servant’s conduct has not been
good or his work has not been satisfactory. In ordering the withholding
of an increment, the withholding authority shall state the period for
which it is withheld, and whether the postponement shall have the effect
of postponing future increments.
Withholding of next increment:
Where by an order the ‘next increment’ due to Government servant is
withheld for a specified period, all the increments falling due during
that specified period would be withheld because without getting the next
increment, a Government servant cannot get the increments falling after
the ‘next increment’.
Withholding of increments of pay
with cumulative effect: In ordering the withholding of an increment,
the withholding authority shall state the period for which it is
withheld, and whether the postponement shall have the effect of
postponing future increments. Where increment is or increments are
withheld stating that the postponement will have the effect of
postponing future increments, such withholding is known as withholding
of increments with cumulative effect.
“But when penalty was imposed
withholding two increments i.e., for two years with cumulative effect,
it would indisputably mean that the two increments earned by the
employee was cut off as measure of penalty for ever in his upward march
of earning higher scale of pay. In other words, the clock is put back to
a lower stage in the time scale of pay and on expiry of two years the
clock starts working from that stage afresh. The insidious effect of the
impugned order, by necessary implication, is that the appellant
employee is reduced in his time scale by two places and it is in
perpetuity during the rest of the tenure of his service with a direction
that two years’ increments would not be counted in his time scale of
pay as a measure of penalty. The words are the skin to the language
which if peeled off its true colour or its resultant effects would
become apparent.”
Withholding of permission to
retire: If a Government who is under suspension gives a notice for
voluntary retirement from service, appropriate authority may withhold
permission for his voluntary retirement. Even in case where a Government
servant is suspended after giving the notice, the permission to retire
voluntarily may be withheld.
Withholding of Promotion:
Withholding of promotion is one of the minor penalties under Rule 11 of
CCS (CCA) Rules. As per item (iii) in the explanation accompanying Rule
11, “non-promotion of Government servant, whether in a substantive or
officiating capacity, after consideration of his case, to the service,
grade or post for promotion to which he is eligible” shall not amount to
penalty within the meaning of Rule 11.
Witness: One who furnishes evidence; one who is called upon to testify before a court.
Written brief is an overall sum
up of his case by a party in disciplinary proceedings. It is submitted
after the entire evidence on behalf of both the employer and the
employee has been recorded and contains written arguments to sum up the
effect of various facts and evidence recorded in the case.
Courtesy : www.gservants.com/
Friday, April 27, 2012
Conduct and Discipline Rules-Glossary H to N
Habitual late attendance/absence:
Unless there are particularly extenuating circumstances requiring
consideration on their merits, habitual absence or habitual late
attendance will mean recurrence of the offence or more than six
occasions within a period of three months from the date of his first
occurrence. This will apply to Industrial Employees also.
Hearsay evidence:
In department inquiries, the hearsay evidence is admissible. “All
materials, which are logically probative for a prudent mind, are
permissible. There is no allergy to hearsay evidence provided it has
some reasonable nexus and credibility.”
Honourable acquittal:
The concept of ‘honourable acquittal’ and ‘full exoneration’ are
unknown to criminal law. Courts are only concerned to find whether the
prosecution has succeeded in proving beyond a reasonable doubt the guilt
of the accused. As in court judgments, the use of expression
“exoneration on merits” and the like may not be found, it is left to the
authority ordering reinstatement to determine from the circumstances of
each case whether the acquittal should be taken to mean exoneration or
merits or not.
Human rights means the
rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in India”.
Illegal strike:
The question whether a strike or lock out is legal or illegal does not
present much difficulty for resolution since all that is required to be
examined to answer the question is whether there has been a breach of
the relevant provisions. A strike may be illegal if it contravenes the
provisions of Sections 22, 23 or 24 of the I.D. Act or of any other law
or of the terms of employment depending upon the facts of each case.
Immunity from disciplinary action:
As per the general principle, bona fide exercise of quasi-judicial
functions cannot be subject matter of disciplinary action. However, In
Union of India v. K.K. Dhawan Supreme Court has ruled that disciplinary
action can be taken in the following cases:
Where the officer had acted in a manner as would reflect on his reputation for integrity or good faith or devotion to duty;
If there is prima facie material to show recklessness or misconduct in the discharge of his duty;
If he has acted in a manner which is unbecoming of a Government servant;
If
he had acted negligently or that he omitted the prescribed conditions
which are essential for the exercise of statutory powers;
If he had acted in order to unduly favour a party;
If
he had been actuated by corrupt motive, however small the bribe may be
because Lord Coke said long ago “though the bribe may be small, yet the
fault is great”.
The Apex Court
added that the above catalogued are not exhaustive and that for a mere
technical violation or merely because the order is wrong and the action
is not falling under the above enumerated instances, disciplinary action
is not warranted. The Court further cautioned that each case will
depend upon the facts and no absolute rule can be postulated.
Integrity: Rigid adherence to a code of behaviour, probity.
Inquiry Officer:
An authority appointed under Rule 14 (2) of CCS (CCA) Rules or under
the provisions of Public Servants (Inquiries) Act, 1850 to inquire into
the truth of any imputation of misconduct or misbehaviour against a
Government servant.
Jurisdiction: Power or authority in general.
Jurisprudence:
It is the name given to a certain type of investigation into law, an
investigation of an abstract, general and theoretical nature which seeks
to lay bare the essential principles of law and legal systems.
Law:
The word “law” has to be given general and wide meaning to include the
rules framed under constitutional provisions (e.g. under Art. 309).
Rules framed under Art. 309 of the Constitution are legislative in
character and they are laws for all purposes.
Leading question: A question suggesting the answer, which the person putting it wishes or expects to receive.
Leading
questions are not permitted in examination or re-examination of
witnesses in departmental inquiries. However, they are permissible in
cross examination.
Legal Practitioner:
One who is engaged in the exercise or employment of legal profession; a
person who practises law, such as an advocate, vakil or attorney.
Legal Practitioner-assistance of- in departmental inquiry:
“A delinquent Government servant in a departmental inquiry may take the
assistance of any other Government servant posted in any office either
at his headquarters or at the place where the inquiry is held, to
present the case on his behalf, but may not engage a legal practitioner
for the purpose, unless the Presenting Officer appointed by the
disciplinary authority is a legal practitioner, or, the disciplinary
authority, having regard to the circumstances of the case, so permits.”
Legal Practitioner in the context of departmental inquiry:
Legal Adviser or lawyer is for this purpose somewhat liberally
construed and must include “whoever assists or advises on facts and in
law must be deemed to be in the position of a legal adviser.” In the
last analysis, a decision has to be reached on a case to case basis on
the situational particularities and the special requirements of justice
of the case.”
Mandatory: Where some thing is required to be done and consequences of failure to do so are also provided then it is known as mandatory.
Master servant relationship:
Master servant relationship with State and holder of civil post is
indicated by the State’s right to select and appoint the holder of the
post, its right to suspend and dismiss him, its right to control the
manner and method of his doing the work and the payment by it of his
wages or remuneration. A relationship of master servant may be
established by the presence of all or some of these indicia, in
conjunction with other circumstances and it is a question of fact in
each case whether there is such a relationship between the State and the
alleged holder of a post.
Memorial: A statement of facts forming the basis of or expressed in the form of a petition to a person of authority, a government etc.
Misconduct:
It is the action or inaction of a Government servant which is in
violation of a rule of conduct, written or unwritten. It is conduct
incompatible and inconsistent with the faithful discharge of duties.
Whatever conduct of the civil servant is regarded as being contrary to
an ideal master servant relationship between the two may be regarded as a
lapse on the part of the civil servant and may be considered to be a
misconduct in varying degrees.
Moral Turpitude:
Moral Turpitude is an expression, which is used in legal as also
societal parlance to describe conduct, which is inherently base, vile,
depraved or having any connection showing depravity.
Natural justice is the justice based upon the innate moral feeling of mankind.
Negligence:
Want of attention to what ought to be done or looked after; lack of
proper care in doing something; omission to do something which a
reasonable man, guided upon the considerations which ordinarily regulate
the conduct of human affairs, would do or doing something which a
prudent and reasonable man would not do.
Nemo debet bis vexari
means that a man must not be put twice in peril for the same offence.
He can plead as a complete defence his former acquittal or conviction.
This rule of natural justice is embodied in Article 20 (2). The Article
guarantees immunity against ‘prosecution and punishment for the same
offence ‘ for a second time.
Nemo debet esse judex in propria causa
means that no one shall be a judge in his own case or that the tribunal
or the quasi-judicial authority which adjudicates the dispute must be
impartial and without bias.
Nemo punitur pro alieno delicto: No one is punished for the fault of others.
Non-employment certificate:
A certificate to the effect that he was not engaged in any other
employment, business, profession or vocation to be furnished every month
in prescribed form by a suspended employee for receiving subsistence
allowance.
Notice: A formal written announcement.
Notice for termination of services of a temporary Government servant:
For the termination of services of a temporary employee, either by the
employee himself or by the appointing authority, the notice to given is
of one month. Without giving this notice or by giving a shorter notice
also, the services can be terminated. Then the Government servant shall
be entitled to claim a sum equivalent of pay plus allowances for the
period of the notice or for the period by which the notice falls short
of one month.
Notification or Public Notification
shall mean a notification published in the gazette of the State or the
Central Government and the word ‘notified’ shall be construed
accordingly.
Notification means a notification published in the Official Gazette.
No work no pay:
Deliberate abstention from work, whether by resort to strike or go slow
or any other method, legitimate or illegitimate, resulting in no work
for the whole day or days, will entitle the management to deduct, pro
rata or otherwise, wages of the participating workmen notwithstanding
absence of any stipulation in the contract of employment or any
provisions in the service rules, regulations or Standing Orders. In case
of such undisputed mass misconduct, deduction of wages will not require
disciplinary proceedings. Amount of deduction of wages will depend on
facts and circumstances-Payment of Wages Act, 1936 Sections 7 (2) (b)9
and Mere physical presence in office is not enough; employees must
perform work for payment of wages.
the words from O to be continued…..
Courtesy : http://www.gservants.com/
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