Suspension of Government Employees – Review to be made in 90 days

CGDA instructs to Review Suspension of Government Servant before expiry of 90 days

Ministry of Defence D (Vigilance)observes that the suspension order has been struck down on the ground that the same had not been reviewed by the reviewing authority before expiry of 90 days. CGDA requests instructs all Defence Departments that suspension of Govt. servants may be reviewed on monthly basis to suspension orders being struck down in court of law.

Controller General of Defence Accounts

Ulan Batar Road, Palam, Delhi Cantt 110010


Dated 22.09.2015





(Through Website)

Subject : Suspension of Government Servant-Review of Suspension

As per provisions contained in Rule 10 of CCS(CC&A) Rules, 1965 suspension of a Government servant is valid only for 90 days unless it is extended after review before expiry of 90 days. It has been observed by the MoD D(Vigilance) that the suspension order has been struck down on the ground that the same had not been reviewed by the reviewing authority before expiry of 90 days.

2. Therefore the Ministry has directed that the provisions of Rule 10(6) and 10(7) of CCS (CC&A) Rules, 1965 which provide for review, modify and extension of the suspension should strictly be observed in all such cases to avoid quashing of orders on technical grounds rather than on merits (copy attached)

3. In this context attention is also invited to DOPT OM No. 11012/4/2003-Estt. (A) dated 07.01.2014 containing review instruction and HQrs letter no. AN/XIII/13007/2A/Vol-IX dated 09.07.2014 regarding constitution of review committee.

4. It is requested that all such cases of suspension/review of suspension of Govt. servant may be reviewed on monthly basis in the light of above provisions/guidelines.

Please acknowledge receipt.

(V.K. Vijay)

C V O / Jt. CGDA

Most Immediate

Ministry of Defence



Subject : Suspension of Government Servants – Review of Suspension order –

Attention is invited to Rule 10 of CCS(CCA) Rules, 1965 relating to Suspension of Govt. Servant by the competent authority on account of disciplinary proceedings pending or contemplated against him, or his engagement in activities prejudicial to the interest  of the security of the State, or case pending against him in any criminal offence, or his detention or conviction in a criminal case. The suspension is valid only for 90 daysunless it is extended after review for a further period before the expiry of 90 days. Of late the suspension order has been struck down on the ground that the same had not been reviewed by the competent reviewing authority before the expiry of 90 days while it remained in force.

2. It is hereby urged that the provisions of Rule 10(6) and Rule 10(7) of CCS(CCA) Rules, 1965 which provide for review, modify and extension of the suspension of the accused should be strictly observed in all suchcases to avoid quashing of orders on technical grounds rather than on merits. Such cases may be reviewed on monthly basis by administrative sections of various civilians cadres of Ministry of Defence.

(Atul Kumar Singh)

Director (Vig)

Resolution for 7th Pay Commission to make its recommendations by 31st December, 2015 has been published in the Gazette of India on 8th September 2015


(Department of Expenditure)


New Delhi, the 8th September, 2015

No. 1/1/2013-E. III(A).—The Government of India have decided that the Para 5 of this Ministry’s Resolution No. 1/1/2013-E.III(A) dated 28.2.2014 shall be modified as under :—

“The Commission will make its recommendations by 31st December, 2015. It may consider, if necessary, sending reports on any of the matters as and when the recommendations are finalized.”

RATAN P. WATAL, Finance Secy

Periodical review under FR 56(J) and Rule 48 of Pension Rules

Periodical review under FR 56(J) and Rule 48 of Pension Rules

Ministry of Personnel, Public Grievances and Pensions issued an OM on Strengthening of administration-n  Periodical  review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972


Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training


A-IV Desk

North Block, New Delhi

Dated 11th September, 2015


Subject: Strengthening of administration-Periodical review under FR 560) 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 3l4 as follows:

(i) Whenever the services of a public 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 theefficiency 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

l1 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.

12. Instructions on composition of the Representation Committees will be communicated separately.

(Mukesh Chaturvedi)

Director (Establishment)

Government Officers will be Monitored – ‘Taint’ Will be Forced to Retire – DoPT

The Central Government is working on a plan, which may take a heavy toll on erring Government Servants. The Government is chalking out a plan to act tough against officials of doubtful integrity  and those poor at work. The Department of Personnel and Training (DoPT) has asked all departments to identify such public servants and move proposals  for their premature retirement.

The decision comes following a meeting held by Cabinet Secretary PK Sinha recently on the mechanism to be adopted to ensure probity among the Government servants. The DoPT has asked all the departments to invoke provisions of Fundamental Rule (56-J) to compulsorily retire such officials. Under Fundamental Rule 56-J, the Government has the “absolute right” to retire, if necessary in public interest, any Group A and B employee, who has joined service before the age of 35 and has crossed the age of 50.

Mr.Sinha Said that the bureaucrats will be expected to have a high level of accountability with constant media and public scrutiny. DoPT is also considering a move to deduct half a days salary, if an employee comes to work late by half an hour or more without prior permission . If any employee repeatedly comes late for three days in a week, he will have to shell out one day salary, the proposal said. The employees will be monitored, purely based on performance, any promotion will be considered.

The decision, third such in a row, came after the DoPT last week said that IAS, IPS and India Forest Service officers may lose their job if they overstay on foreign asignments for more than a month withoutpermission. Tightening the noose further, the DoPT early this month said that the Government servants will face disciplinary action if they raise service matters related grievances directly to the PMO.

In the latest directives for forced retirement, a Group C Government servant, who has crossed the age of 55 can be retired prematurely if found corrupt or ineffective. Group A comprise officers of All India Services like IAS, IPS, Indian Forest Service, IRS, while Group B consists of non-gazetted officers and Group C clerical and ministerial staff.

Three months notice and compulsory retirement – DoPT has also recommended a proposal according to which, an Officer will have to update his performance report online, on Monday every week, and at the last week of the month the senior officer will have to approve it. If the report is not updated any week, a red mark will be displayed against it, and the officer will have to give an explanation for not updating the same. If the performance report is not updated for a longer period of time, say one year, the officer will be given three months notice and will be forced to go in for compulsory retirement.

The action can be taken only against such officers whose annual increments have been frozen and they have not got promotion in the past five years. The meeting emphasised rotation of officers on sensitive and non-sensitive posts and their review and screening under Fundamental Rule 56-J. The DoPT has been asked to monitor implementation and obtain compliance from all Ministries in this regard.

“As this activity is to be completed in a time-bound manner, it is requested that priority attention may be paid to it and inputs sent to the internal vigilance section at the very earliest,” said the circular issued to all departments of Central Government. It is proposed that, apart from the Cabinet Secretary a six member team from the Prime Ministers’ Office (PMO) will monitor the issue.

Increase in payment of salaries, allowance and bonus due on implementation of seventh Pay Commission would cumulatively imply a first round increase in spending to the tune of 0.2 to 0.3 per cent of Gross domestic product (GDP)


How 7th Pay Commission can influence EconomyThe government constitutes the Pay Commission almost every 10 years to revise the pay scale of its employees. The previous Sixth Pay Commission was rolled out in the third quarter of 2008. Now the Seventh Pay Commission’s reconnemdations are likely to come into effect from January 1, 2016.

The Commission, which was set up by the UPA government in February 2014 to revise remuneration of about 4.8 million central government employees and 5.5 million pensioners, has already completed discussions with various stakeholders including organisations, federations, groups representing civil employees as well as defence services. It is now in the process of finalising itsrecommendations and will submit its report by December 31st 2015.

According to a DBS report the bulk of the impact of Seventh Pay Commission, under which salaries of government employees will be reviewed, is likely to be absorbed by the Budget of the next financial year, 2016-17. It is expected that the increase in pay and allowances could rise by 16 per cent following the rollout of the Seventh Pay Commission.

If the Seventh Pay Commission meterilise, bulk of the impact of the Seventh Pay Commission will be absorbed by the financial year 2016-2017 Budget, the DBS source pointed out. The DBS is also of the view that the increase in payment of salaries, allowance and bonus due to the ‘seventh Pay Commission’ would cumulatively imply a first round increase in spending to the tune of 0.2 to 0.3 per cent of Gross domestic product (GDP) in the financial year 2016-2017 putting deficit  targets at risk, it warned.

It will force the Government to find new channels or re-channel fiscal savings, restrain spending elsewhere or renege on the fiscal deficit targets, DBS pointed out. However the DBS sources added that the full impact would get clear when the pay commission tables its recommendations later this year, likely by 31st December 2015.

Source: Business Standard


MACP Order in the common cadre of Hyderabad CCA issued

EO(GO)123-2015 (MACP SUPDT).pdf

Strike on 2nd September 2015, a Grand Success says Confederation – As many as 15 Crore workers participated – Confederation CHQ indicates the participation of about 8.5 lakh Central Government employees in the Strike


2nd September 2015

Press Release 

CITU Salutes the Working Class of India for the Historic Strike On 2ndSeptember 2015.

The Centre of Indian Trade Unions congratulates and salutes the working class of India for the unprecedented and historic strike today against the anti worker, anti people and anti national policies of the BJP led NDA government.

Over 15 crores workers employed in almost all the sectors of the country’s economy covering the organised  and unorganised sectors, public  and private sectors, the central and state government sectors and the scheme workers participated in this strike. Protest demonstrations, rasta roko and rail roko were held across the country in which thousands of workers participated.

Police was used on the workers in several states. The Trinamool government in West Bengal used the brutal force of its police as well as its goons to physically attack the workers on strike. In fact attack by Trinamool goons to foil the strike started at least three days before the strike date and during this period several processions and meetings for strike campaign in different places in the state were attacked, offices were ransacked and many activists were injured. On the day of the strike, police along with Trinamool goons carried on brutal attacks on the strikers and TU activists throughout the state severely injuring many of the activists including senior leaders.  Workers and their leaders were arrested in several places in the state. Police resorted to severe lathi charge and arrests in many other states including Assam, Jammu and Kashmir etc. CITU congratulates theworkers, particularly in West Bengal for heroically resisting these attacks and participating in the strike in a massive manner.

In many states, including West Bengal, Kerala, Tripura, Odisha, Andhra Pradesh, Haryana, Telangana, Himachal Pradesh, many districts of Karnataka, Madhya Pradesh etc the strike turned into a virtual bandh with road transport and normal activities coming to a grinding halt. The manufacturing activities in several industrial clusters across the country totally stopped due to the strike.

The unprecedented response to the strike reflects the anger and resentment of the workers against the attacks on their working and living conditions and the attempts to deny their basic rights by amending the labour laws to benefit the national and multinational corporations. It reflects the anger at ignoring their basic demands that were being raised since the last several years. It also reflects the determination of the working class to fight back the nefarious design of the corporate-serving Govt at the centre to impose slavery on them through draconian changes in all labour laws. Through this strike the working class of India has warned the government that it was not going to take lying down the attacks on its basic rights. It also warned the government that policies that mortgage the country to corporate interests, both foreign and domestic will not be tolerated.

The CITU extends its gratitude to the massive support and solidarity extended to the strike by various sections of the people including kisans, agricultural workers, adivasis etc.

CITU demands the government to scrap all the anti worker amendments to the labour laws and take immediate concrete action on all the demands raised by the joint trade union movement.

It calls upon the working class to further strengthen the unity at the grass root level and be prepared for more intense struggles if the government chooses to continue with its policies.

                                                                                              Issued by,


General Secretary

Orders of Repatriation of Superintendents from Vizag zone to Hyderabad Zone and Promotion to Superintendent Cadre in Hyderabad CCA issued

Repatriation Order

EO(GO)120-2015 (SUPDT IZT).pdf

Promotion Order

EO(GO)119-2015 (SUPDT ADHOC PROMO).pdf

Central Government Employees Strike on 2nd September 2015 – Confederation appeals for making Strike successful – 12 Point Charter of Demands of Central Trade Unions not met by Govt

Appeal from Confederation"

Dear Comrades,

We have placed on our website  the synopsis of the discussion the leaders of the Central Trade Unions had with the Group of Ministers on the 12 point charter of demands. The Central Trade Unions evaluated the Government’s response to the strike call and have come to the conclusion that in the absence of any tangible result, the strike action  must take place.  The only issue on which there had been a concrete proposal from the Government was on the question of raising the bonus ceiling.  In fact such an assurance has been given by the earlier Government also.  Due to the pressure exerted by the employing class, the said assurance could not be translated into reality.  To have the assurance to be put into practice, the Bonus Act has to be amended and that is possible only in the next session of the parliament.  In other words, if one is to believe the assurance held out by the Government on the question of raising the ceiling for bonus computation, it can only have prospective effect i.e. for the next year 2016.  We firmly believe that the corporate would not allow the present government to give effect to this assurance.  The acrimonious ceiling on bonus while allowing unlimited extraction of profit for the companies is to be fought out through bitter struggles.

There had been no word from the Government on the question of rolling back its proposals on the labour reforms. The proposed labour reforms will hurt the working class most.  The regularization of contract workers, payment of minimum wage, ensuring statutory Pension benefit, the registration or recognition of trade unions within a stipulated time limit to enable the workers to have the right to collective bargaining, the non implementation of the agreements reached at the various tripartite Labour conferences were some of the significant issues on which the working class sought settlement. Introduction of 100% FDI in Railways, 49% in Defence, corporatisation & privatisation n of government entities, end for contract/casual temporary employment also met with stoic silence or rejection.  The Group of Ministers has successfully  eluded the issues. The BMS unions have declared that they would withdraw from the strike action.  Their decision being political based is understandable, but is difficult to appreciate. We can only hope against hope that they would realize the reality of the situation in the days to come and become part of the joint struggles very soon.

Officers and Officials should refer their Service matter Grievances through proper channel and not directly to Prime Minister or Other Ministers, Secretary (P) and other higher level officers


F. No. 11013/08/2013-Estt.(A-III)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Establishment A-III Desk



North Block, New Delhi

Dated August 31, 2015

Subject: Representation  from Government servant  on service matters – reiteration of instructions – regarding.

The undersigned is directed to refer  to O.M. of eve number dt. 6th June,2013 wherein instructions have been issued on submission of representation by Government servants about their service matters. In spite of these instructions, it has been observed that Government servants including officers/ officials of para military forces and Army personnnel continue to represent directly to the Prime Minister, Minister, Secretary (P) and other higher authorities, directly.

2. As per the existing instructions, wherever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organisation.

3. Such submission of representations directly to other authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions. This can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the Central Civil Services (Conduct) Rules, 1964. It is clarified that this would include all forms of communication  including through e-mails or public grievances portal etc.

4. Attention in this connection is also invited to the provision of Rule 20 of CCS (Conduct) Rules, 1964 prohibiting Government servants from bringing outside influence in respect of matterpertaining to his service matter. Representation by relatives of Government servant is also treated as outside influence as clarified vide MHA OM No. F.25/21/63-Estt.(A) dated 19.09.1963

5. It is reiterated that these instructions may be brought to the notice of all Govt. servants including officers/ officials of para military forces and member of armed forces and action taken against those who violate these instructions..

(Mukesh Chaturvedi)

Director (E)

Telefax: 23093176