Dopt issues FAQ on UPSC, APAR and Commercial Employment after Retirement

The Department of Personnel and Training has clarified through ‘Frequently Asked Questions’ related to UPSC, APAR and Commercial Employment after Retirement.

UPSC

What are the documents to be sent to the UPSC to obtain its advice on disciplinary cases?

Answer- The instructions prescribing checklist/proforma including documents required to be sent to UPSC to obtain its views on disciplinary cases have been issued vide O.M. No. 39011/12/2009-Estt.(B) dated 10.05.2010. Reference is also to be made O.M.No. 39035/1/2011-Estt.(B) dated 10.5.2011, a copy each of which is also available in this Department's website (http://persmin.nic.in).

(ii) Is there any provision to get UPSC's advice in disciplinary matters where the Courts have given a time limit for completion of the proceedings?

Answer — Yes, the instructions issued in this matter by this Department are contained in O.M. No. 39035/01/2011-Estt.(B) dated 10.05.2011
which is also available in this Department's website.

(iii) Can the penalty proposed to be imposed by the Disciplinary Authority be intimated to UPSC while seeking its advice ?

Answer— No. This Department's O.M. No. 39034/1/2009-Estt.(B) dated 12.01.2010 refers, which is also available in this Department's website.

(iv) What is the procedure if the Disciplinary Authority does not want to accept the UPSC's advice in a disciplinary proceeding?

Answer — The procedure to be followed while disagreeing with the advice of UPSC in a disciplinary proceedings is contained in O.M. No. 39023/02/2006-Estt.(B) dated 05.12.2006 which is also available in this Department's website.

(v) In case a Ministry wants to exclude any post which is under the purview of the UPSC as per Constitutional mandate, is it necessary that the comments of the UPSC in the matter be taken before referring the matter to the DOP&T ?

Answer — Yes.

(vi) Which are the posts exempted presently from the purview of the UPSC ?

Answer— Details of post/services exempted from consultation with UPSC have been listed in the UPSC (Exemption from Consultation) Regulations, 1958 issued by this Department amended from time to time. A copy of updated UPSC (Exemption from Consultation) Regulations, 1958 is also available in this Department's website (http://persmin.nic.in).

(vii) What is the composition of the UPSC ?

Answer— The Union Public Service Commission consists of Chairman and ten Members.

(viii) What are the conditions of service applicable for Chairman and Members of UPSC ?

Answer — The conditions of service for Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969, which generally follow those applicable to the Chief Election Commissioner/ Election Commissioners.

(ix) In which of the examinations conducted by the UPSC, candidates can write answers in any of the languages included in the Eighth Schedule to the Constitution ?

Answer—Presently only in Civil Services (Mains) Examinations conducted by the UPSC, the candidates can write answers in any of the languages included in the Eighth Schedule to the Constitution.

SSC

(i) What are the categories of posts for which the SSC makes recruitment?

Answer — SSC makes recruitment to Group 'B' (Non-Gazetted) posts and Group 'C' (non-technical) posts in the Ministries/ Departments of the Government of India including its attached and subordinate offices. The SSC also makes recruitment to certain technical posts like JEs.

(ii) What are the Regional Offices/Sub-Regional Offices of SSC?

Answer—There are 7 Regional Offices at Delhi, Mumbai, Kolkata, Chennai, Bengluru, Guwahati & Allahabad and 2 Sub-Regional 0 , flees at
Raipur and Chandigarh. For details, the website of SSC(http://ssc.nic.in) may be referred to.

APAR

(i) Since when the entire remarks in the APAR is being conveyed to the officer reported upon for representation, if any ?

Answer — From the report for 2008-09 onwards.

(ii) On the basis of representation submitted for upgrading the grading in the ACR/APAR under OM dated 13.4.2010, can a review DPC be convened if the Competent Authority upgrades the grading to the benchmark level ?

Answer — The O.M. No. 21011/1/2010-Estt.A dated 13.4.2010 does not envisage any review DPC and it is concerned with future DPCs only to be held after the date of issue of the O.M.

(iii) What are the time schedule for completion of various processes in the APAR ?

Answer— Annexure—III to O.M. No. 21011/1/2005-Estt. (A) (Pt-II) dated 23rd July, 2009 refers. This O.M. is available in this Department's website.

Commercial Employment after retirement for Group 'A' Officer

(i) What are the provisions in this regard?

Answer:— Rule 10 of the CCS(Pension) Rules, 1972 has the provisions in this regard. The latest amendment to the above rule in the CCS(Pension) Rules was notified on 23.11.2006. The procedure for grant of permission to the pensioners for commercial employment after retirement has been indicated in O.M. No. 27012/5/2010-Estt.(A) dated 5.12.2006, a copy of which is available in this Department's website.

(ii) What is the procedure to grant permission to take up commercial employment after retirement in respect of officers retired at the level of JS/equivalent and above?

Answer: — The cadre authority/Ministry/Department from which the officer retired has to examine the proposal with reference to guidelines in this regard given in sub-rule(3) of Rule 10 of the CCS(Pension) Rules. After approval to the proposal by the Minister-in-charge of the cadre controlling Department of the Service to which such persons belongs to, and the Minister-in charge of the Department where such a person worked during last one year, the proposal has to be forwarded to for further processing.

(iii) What are the documents to be furnished to DOP&T when a proposal to grant permission to take up commercial employment after retirement in respect of officers retired at the level of JS/equivalent and above is to be considered by DOP&T ?

Answer:— The formal written request of the retired officer, notes examining the fulfillment of guidelines given in sub-rule(3) of Rule 10 of CCS(Pension) Rules, 1972, approval of the concerned Ministers to the proposal as explained in the previous question, the offer for commercial employment received by the retired officer, Form 25 appended to the CCS(Pension) Rules duly filled in and signed by the retired officer, an affidavit from retired officer as stated in the aforesaid O.M. dated 5.12.2006, integrity certificate for the retired officer and a check list appending the clauses (a) to (1) of sub-rule(3) of Rule 10 of CCS(Pension) Rules and the answer to such issues. The ACR APAR dossier of the retired officer should also be linked.

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