*** APPENDIX - III
**** APPENDIX - IV
***** APPENDIX - V
The 20th March 2002
Subject
Seniority of the Scheduled Castes and Scheduled Tribes Government
servants on promotion by virtue of rule of reservation/roster.
The principle of fixation of inter se seniority of General, Scheduled Caste and
Scheduled Tribe Government servants in the promotional posts has engaged the
attention of the Government for sometime past. Earlier Government in their
Resolution No. 39734 (e)-Gen., dated the 2nd November 2000 has adopted the
principle of fixation of seniority between General, Scheduled Castes and
Scheduled Tribes candidates in the promotional posts in the State Civil
Services/posts as an interim measure in pursuance of the guidelines contained in
Office Memorandum No. 20011/1/96-Esst. (D), dated the 30th January 1997 and No.
20011/2/97-Estt. (D), dated the 21st March 1997 of the Government of India,
Ministry of Personnel, P. G. and Pensions (Department of Personnel and
Training). Meanwhile the Government of India, Ministry of Personnel, Public
Grievance and Pension (Department of Personnel and Training) in their Office
Memorandum No. 20011/1/2001-Estt. (D), dated the 21st January 2002 have decided
to negate the effects of the Office Memorandum, dated the 30th January 1997 and
21st March 1997 after amending Article 16 (4-A) of the constitution right from
the date of its inclusion in the constitution, i.e., 17th June 1995 with a view
to allowing the Government servants belonging to Scheduled Castes and Scheduled
Tribes to retain their seniority in the case of promotion by virtue of rule of
reservation.
2. In the above premises, the Government after careful consideration,
have been pleased to decide to withdraw the G. A. Department Resolution No.
39734 (e),-Gen., dated the 2nd November 2000 along with the previous Resolution
No. 21260-Gen., dated the 16th June 2000 and Office Order No. 30083-Gen., dated
the 27th July 2000 on the subject. The guidelines issued by the Government of
India, Ministry of Personnel, Public Grievances and Pension (Department of
Personnel and Training) in their Office Memorandum No. 20011/1/2001-Estt. (D),
dated the 21st January 2002 (Copy enclosed) shall be followed in letter and
spirit for fixation of seniority of SC/ST Government servants on promotion by
virtue of rules of reservation in the State Civil Services/Posts. In other
words, consequent upon withdrawal of DOPT O. M. No. 20011-1/1996-Estt. (D),
dated the 30th January 1997, read with DOPT. O. M. No. 20011/2/1997-Estt. (D),
dated the 21st March 1997, the catch up principle enunciated therein and adopted
by the State Government in G. A. Department Resolution No. 39734, dated the 2nd
November 2000 shall not be followed any longer. The Government servants
belonging to S.Cs./S.Ts. shall retain their seniority in the case of promotion
by virtue of rule of reservation. On the other hand the Government servants
belonging to General/O. B. C. category promoted later will be placed junior to
the S.C./S.T. government servants promoted earlier even though by virtue of the
rule of reservation.
3. All the Departments of Government are requested to implement the above
decision and issue necessary instructions to all the Heads of Departments,
Public Sector Undertakings and other Appointing Authorities under their
administrative control for taking immediate action accordingly.
4. This has been concurred in by the Law Department in their U. O. R. No.
363-L., dated the 2nd March 2002.
By
order of the Governor
B. C.
DAS
New Delhi, dated the 21st January 2002
Subject Seniority of SC/ST Government servants on
promotion by virtue of rule of reservation/roster.
The seniority of a person appointed to a post is determined according to the general principle 5 (i) contained in MHA O. M. No. 9-11/55-RPS., dated the 22nd December 1959 and Para. 2.2 in DOPT O. M. No. 2211-7/86/Estt. (D), dated the 3rd July 1986 read with DOPT O. M. No. 20011-5/90-Estt. (D), dated the 4th November 1992 (copy enclosed). Seniority of such person is determined by the order of merit indicated at the time of initial appointment and seniority of persons promoted to various grades is determined in the order of selection for such promotion. Thus, as per the aforementioned instructions persons appointed through an earlier selection would enbloc be senior to those promoted through subsequent slection.
2. This position was reviewed subsequent to the Judgement of the Supreme
Court, dated the 10th October 1995 in the case of Union of India Vs. Virpal Singh
Chauhan, etc. [JT 1995 (7) SC 231] and it was decided vide DOPT O. M. No.
20011-1/96-Estt. (D), dated the 30th January 1997, to modify the then existing
policy by addition of the proviso to general principle 5 (i) contained in MHA
(Now DOPT) O. M. No. 9-11/55-RPS, dated the 22nd December 1959 and Para. 2.2 in
DOPT O. M. No. 22011-7/786-Estt. (D), dated the 3rd July 1986, which stipulated
that if a candidate belonging to the Scheduled Caste or the Scheduled Tribe is
promoted to an immediate higher post/grade against a reserved vacancy earlier
than his senior general/OBC candidates who is promoted later to the said
immediate higher post/grade, the general/OBC candidate will regain his seniority
over such earlier promoted candidate of the Scheduled Caste and the Scheduled
Tribe in the immediate higher post/grade.
3. The Government have now decided to negate the effects of the DOPT O.
M., dated the 30th January 1997 by amending Article 16 (4-A) of the Constitution
right from the date of its inclusion in the Constitution i.e. the 17th June 1995
with a view to allow the Government servants belonging to SCs/Sts. to retain the
seniority in the case of promotion by virtue of rule of reservation. In other
words, the candidates belonging to general/OBC category promoted later will be
placed junior to the SC/ST Government servants promoted earlier even though by
virtue of the rule of reservation.
4. Therefore in pursuance of the aforementioned Constitution
(Eighty-fifth) Amendment Act, 2001, it has been decided as follows :
(i) (a) SC/ST Government servants shall,
on their promotion by virtue of rule of reservation/roster, be entitled to
consequential seniority also; and
(b)
the
above decision shall be effective from the 17th June 1995
(ii)
The
instructions contained in DOPT O. M. No. 20011-1/96-Estt. (D), dated the 30th
January 1997 as well as the clarifications contained in DOPT O. M. No.
20011-2/97-Estt. (D), dated the 21st March 1997 shall stand withdrawn w.e.f. the
30th January 1997 itself.
(iii)
Seniority of Government servants determined in the light of
O. M., dated the 30th January 1997 shall be revised as if that O. M. was never
issued.
(iv) (a) On the basis of the revised seniority,
consequential benefits like promotion, pay, pension, etc. should be allowed to
the concerned SC/ST Government servants (but without arrears by applying
principle of no work no pay).
(b)
For
this purpose, senior SC/ST Government servants may be granted promotion with
effect from the date of promotion of their immediate junior general/OBC
Government servants.
(c)
Such
promotion of SC/ST Government servant may be ordered with the approval of
Appointing Authority of the post to which the Government servant is to be
promoted at each level after following normal procedure of DPC (including
consultation with UPSC).
(d)
Except
seniority other consequential benefits like promotion, pay, etc. (including
retrial benefits in respects of those who have already retired) allowed to
general/OBC Government servant by virtue of implementation of O. M., dated the
30th January 1997 and/or in pursuance of the directions of CAT/Court should be
protected as personal to them.
5. All Ministries/Departments are requested to bring the
above decisions to the notice of all concerned for guidance and compliance.
Necessary action to implement the decisions contained in Para. (iii) above may
be completed within three months from the date of issue of these instructions
and necessary action to implement the decision at Para. (iv) above may be
completed within 6 months from the date of issue of these instructions.
6. Hindi verson will follow.
ALOK
SAXENA
The 3rd August 2002
To
All Departments of Government
All Heads of Departments
All Collectors.
Subject Timely holding of meeting of Departmental
Promotion Committee/Selection Board.
It has been noticed that some times Departmental Promotion
Committee/Selection Board do not meet in time to select suitable persons for
promotion to higher ranks. Consequently a good number of posts in higher ranks
remain vacant, which affects the Administration of various programmes.
2. In order to hold the meetings of Departmental Promotion
Committee/Selection Board promptly and allow promotions in time, henceforth the
following guidelines shall be strictly adhered to:
2.1. After computing the vacancies pertaining to the year, the list of
eligible persons shall be prepared in advance before the Departmental Promotion
Committee/Selection Board meets. Simultaneously, reports on criminal
case/disciplinary proceedings, if any pending against such persons and also
their confidential character rolls for the relevant periods shall be called for
from the concerned authorities. Necessary compliance shall be made by the
concerned authorities to the requisitioning authorities within one month of
requisition.
2.2 On receipt of clearance reports on criminal cases/disciplinary
proceedings and the confidential character rolls, necessary memorandum/statement
to be placed before the Departmental Promotion Committee/Selection Board shall
be prepared by the end of the month immediately preceding the month in which the
Departmental Promotion Committee/Selection Board shall meet.
2.3. At least three days notice shall be given to the members while
convening the meeting of Departmental Promotion Committee/Selection Board.
2.4. The relevant Cadre rules, the O. C. S. (Criteria for Promotion)
Rules, 1992, the O. C. S. (Zone of Consideration) Rules, 1988, the O. R. V. Act,
1975 and rules framed thereunder, the sealed cover procedure prescribed in G. A.
Department O. M. No. 3928, dated the 18th February 1994 and subsequent
instructions thereon shall be properly kept in view while preparing the
memorandum and the same shall also be placed before the Departmental Promotion
Committee/Selection Board for correct and fair selection.
S.
SRINIVASAN
The 30th November 2002
To
All Departments of Government
All Heads of Departments
All Collectors.
Subject Framing of charges in major penalty proceedings U/R 15 (2) of the O. C.
S. (C. C. & A.) Rules, 1962 Use of standard Forms regarding -
The Orissa Civil Services (Classification, Control and Appeal) Rules,
1962 U/R 15 envisages detailed procedures regulating imposition of major penalty
on a Government servant. Sub-rule (2) of the said Rule implies that the
disciplinary authority shall frame definite charges on the basis of allegations
on which the inquiry is to be conducted and that the charges together with a
statement of allegations shall be communicated to the Government servant calling
upon him to submit his written statement of defence within a specified time.
Instances have come to the notice of Government that charge-sheet in
major penalty proceedings are at present being drawn up by the disciplinary
authorities using non-standard forms which vary from one another. With a view to
ensuring uniformity in all such major penalty proceedings, it has been decided
to follow the enclosed standard form comprising four parts viz (i) memorandum,
(ii) Articles of charge, (iii) Statement of imputation of misconduct and (iv)
Memos. of evidence. This form and format should be uniformly adopted in
future.
It is requested that all the disciplinary authorities should strictly
adhere to the above standard forms henceforth. All subordinate offices
functioning under their control may be informed accordingly.
R. N.
BOHIDAR
MEMORANDUM
No
Date
Shri is hereby informed that it is proposed to hold an inquiry against him under Rule 15 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962. The substance of the imputations of misconduct in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct in support of the articles of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained is also enclosed (Annexure-III).
2. Shri
.
.. is directed to submit his written
statement of defence within 30 days from the date of this memorandum and also to
state if he desires to be heard in person.
3. He may peruse the relevant records in the office of the
.. and take relevant extract thereof to submit his written
statement of defence with permission from the competent authority.
4. If he fails to submit his written statement of defence within the
stipulated period of 30 days from the date of receipt of this memorandum, it
will be presumed that he has no explanation to offer and action will be taken as
deemed proper ex
parte.
5. The receipt of the memorandum should be acknowledged by him.
*
By
order of the Governor
Secretary to Government
or
|
*
To be used in cases where the Appointing/Disciplinary Authority are the
Government. |
ANNEXURE I
ARTICLES OF CHARGE
Shri
.. has been committed following
irregularities :-
*(That . )
Thus the following articles of charge are framed against him for
violation of Rule
of the Orissa Government Servants Conduct
Rules, 1959.
I.
II.
III.
|
*
Definite and distinct articles of charge drawn from substance of
imputations of misconduct or misbehaviour. |
ANNEXURE II
STATEMENT OF IMPUTATIONS OF MISCONDUCT
Statement of imputations of misconduct in support of the articles of charge framed against Shri . (name and designation of the Government servant).
* Article I
* Article II
* Article III
|
*
Statement of all relevant facts in support of each articles of charge. |
ANNEXURE III
MEMOS.
OF EVIDENCE
|
Articles of Charge |
Documents by which the charge is proposed to be
sustained |
Witness by whom the charge is proposed to be
sustained |
|
1. |
|
|
|
2. |
|
|
|
3. |
|
|
The 30th November 2002
To
All Departments of Government
All Heads of Departments
All Collectors.
Subject
Suspension of Government Servant U/R 12 (2) of the O. C. S. (C. C. &
A.) Rules, 1962 Use of prescribed forms regarding -
Elaborate provisions have been envisaged under rule 12 in Chapter IV of
the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 on
placing a Government Servant under suspension. In order to ensure that orders of
suspension so made under these rules are comprehensive and consistent in each
case, all Departments of Government have been provided with model standard Forms
i.e. Form No. I and Form No. II under clauses (a) and (b) respectively of
sub-rule (1) and Form No. III under sub-rule (2) of Rule 12 vide G. A.
Department letter No. 12429/Gen., dated the 27th May 1993, (copy along with
copies of Forms I, II, and III enclosed) for guidance. But instances have come
to the notice that the said Forms are not being strictly adhered to while
issuing orders of suspension.
It is therefore, impressed upon all the Administrative Departments/Heads
of Departments/Collectors to use the said prescribed Forms while placing a
Government Servant under suspension henceforth.
This may also be brought to the notice of all subordinate authorities
working under their control.
R. N.
BOHIDAR
The 27th May 1993
To
All Departments of Government.
Subject
Suspension of Government Servants circulation of forms under Rule 12 of
O. C. S. (C. C. & A.) Rules, 1962.
The undersigned is directed to send herewith three draft forms i.e. Form
No. I under clause (a), Form No. II under clause (b) both under sub-rule (1) of
Rule 12 and Form No. III under sub-rule (2) of Rule 12 of O. C. S. (C. C. &
A.) Rules, 1962 for their information and guidance.
M. B.
K. RAO