1109 - harmony

8/3/2019 1109 - Harmony

http://slidepdf.com/reader/full/1109-harmony 1/27

8/3/2019 1109 - Harmony


2

DOWN THE MEMORY LANE …DOWN THE MEMORY LANE …DOWN THE MEMORY LANE …DOWN THE MEMORY LANE …

“HARMONY” is “200” Issues young It is still fresh in my memory, the day on which the HARMONY

was launched over a good gathering on 1st January, 1993 by Dr. A.V.Rama Rao, the then Director, IICT, Hyderabad who not only created a

conducive atmosphere but also provided for its sustenance. HisForeword to the first issue of HARMONY on 1st January, 1993 makesus appreciate his foresightedness and vision. His observations areapplicable even to this day, as they were way back in 1993.

For the information of our esteemed readers, the Foreword isreproduced hereunder:

FOREWORD

Of late, there has been a tremendous information explosion onadministrative functions. The very shape of administration comparedto pre-independence era and subsequent decades had changed a lot.

I have also been observing that the approach of administrators towardstheir functions has remarkably changed. It is conspicuous that theapproach of administrators towards their personnel is becoming more

and more positive. The atmosphere and the working conditions arebecoming more conducive now than they used to be.

In comparison with a Government Departments, AutonomousBodies like CSIR, do enjoy certain amount of independence and havethe necessary flexibility in its thinking and approach. Still many morethings can be done to make the environment more congenial for aserious Scientist in the interest of research.

8/3/2019 1109 - Harmony


8/3/2019 1109 - Harmony


4

CSIR/GOI ORDERS

APPOINTMENT OF VICE-PRESIDENT, CSIR

In pursuance of the proviso to Rule 3 (b) of the Rules & Regulations of CSIR, Shri Vilasrao Deshmukh, Minister of Science & Technology shall be the Ex Officio Vice-President of CSIR.

Shri Deshmukh assumed the charge of his Office w.e.f. 12-7-2011.

[CSIR O.M.No.1/2(1)/2011-PD dt. 22-7-2011]

NEW PENSION SCHEME

A copy of Lr. No. AS/KV/RS/RP/201122217 dated 8-7-2011regarding Subscribers’ Contribution File (SCF) pending for matching & Booking as received from the National Securities Depository Limited,Central Record- Keeping Agency, Mumbai was endorsed to all the CSIR Labs./Instts. for necessary action. The contents of the letter being:

The Trustee Bank (TB) has reported discrepancy/not confirmedreceipt of funds for the said SCFs and hence the Subscriber’s IndividualRetirement Accounts have not been credited. As informed by the TB, itis not in a position to confirm the funds credited in the NPS Trust as thePAO registration number and the Transaction I.D. have not been

provided at the time of remittance of funds or the discrepancy observedin the details of funds transfer in the Fund Transfer details window of NPSCAN.

You are required to take necessary steps to enable the TB toconfirm the receipt of funds. Along with the regular views and reports ‘Dashboard’ is also made available in the CRA system to provideextensive and comprehensive information on status of SCFs uploaded,Subscriber’s Credit Analysis, Exceptional Reports, etc., CRA system site

(www.cra-nsdl.com) can logged on through PrAO User ID and passwordand monitor the status of SCFs uploaded.

8/3/2019 1109 - Harmony


5

The following procedure needs to be followed while remitting thefunds after uploading the SCF:

* In case the funds are transferred by cheque: To submit theContribution Submission Form generated from CRA system alongwith the cheque to the Trust Bank.

* In case the funds are transferred by RTGS/NEFT: To instruct theremitting Bank (Accredited Bank of your PAO) to write PAOFIN andquote the PAO Registration number and Transaction ID in field7495 (Origination of remittance) of NEFT Message. The remittingbank should not put any space between the details.

* Provide the details of the fund transfer in the Fund TransferDetails window in NPSCAN. In case the SCF does not get Matched& Booked within 5 working days from the day the fund transferdetails are provided, Bank of India at 022-2652 2975/976 maybecontacted to enable TB to confirm receipt of funds.

Further clarification can be had from Ms. Rashmi Sabbarwar(022-2499 4887 -- email id [email protected]) or Ms. Reena Pokle(022-2499 4730 -- email id [email protected])

All the Labs./Instts. are required to send their follow up actionreport by 16-8-2011 to the FA, CSIR.

[CSIR Lr. No.34-2(5)/CSIR-NPS/2011-12 dt. 27-7-2011; NSDL CRA Lr.No.AS/KV/RS/RP/201122217 dt. 8-7-2011]

ENCASHMENT OF LEAVE ON ABSORPTION IN CSIR

With a view to clarify the queries raised by certain CSIR Labs./Instts. as to whether the Central/State Govt. employees absorbedin CSIR after issue of GOI, MOPPG&P, DOP&PW O.M.No.4(12)/85-PPWdated 31-3-1987 are entitled to encashment of Earned Leave up to themaximum limit prescribed from time to time for the service rendered inCSIR, the following is conveyed by CSIR.

8/3/2019 1109 - Harmony


6

The Department of Pension & Pensioners’ Welfare, GoI hadclarified that all Govt. servants who have been absorbed in a Central Autonomous Body on or after 31-3-1987 re governed by the same termsand conditions of absorption as are applicable to Govt. servants on

absorption in a Central Public Sector Undertaking.

Accordingly, the quantum of leave encashment that has beenreceived by an employee on absorption in a Central Autonomous Body/PSU is not required to be linked with the leave encashment payable bythe Autonomous Body/PSU on retirement of the absorbed employee.The encashment of Earned Leave to such employees as admissibleunder leave rules on their retirement from the Council service shall bein addition to the benefit of leave encashment already availed

by them from their previous Govt. Departments.

[CSIR No.34-1(1)/CSIR/Pen/2011-12 dt. 2-8-2011; GOI, MOPPG&P,DOP&PW O.M. No.4(12)/85-PPW dt. 31-3-1987; CSIR U.O No.4/75/90-P&PW(D) dt. 3-12-1990; No. 7(19)/32/90-E.III dt. 16-9-1997 andID No.14028/1/2006-Estt.I dt. 31-8-2006]

FORWARDING APPLICATIONS OF SECTIONS OFFICERSRECRUITED UNDER CASE: 2009-II

The competent authority, CSIR has decided that applications of Section Officers who were recruited under Common AdministrativeServices Examination: 2009-II to outside posts cannot be forwardedduring their probation period.

[CSIR Lr.No.3-8(08)/15-2011.E.I dt. 5-8-2011]

FORWARDING OF APPLICATIONS FOR DEPUTATION AND RELIEF OF EMPLOYEES

It is clarified that the Instructions communicated under CSIR letterNo.5-1(50)/2008-PD dated 12-4-2010 on the above subject are notapplicable to Common Cadre Officers. The applications of such Officersfor outside posts would continue to be forwarded to borrowing

organization through CSIR HQs. It may be that in case of selection tothe post to outside departments on deputation basis for which

8/3/2019 1109 - Harmony


7

applications is forwarded, the Officer shall be relieved subject toexigencies of work where the concerned Officer is posted and with theapproval of the competent authority at CSIR HQs. Further, thecompetent authority has decided to set a limit on the number of Officers

who will be allowed to proceed on deputation to 10% of the filled upposition of the respective cadre.

[CSIR Lr.No.5-1(50)/2008-PD dt. 10-8-2011]

CSIR FOUNDATION DAY CELEBRATIONS

As before, the CSIR Foundation Day Celebrations are planned.

Besides holding usual programmes, and presentation of Mementoes oncompleting 25 years of service and also the retirees including those whoretired voluntarily after 30 years of service, Shawls, Samman Patras; Studentship Awards to those children of staff members who joinProfessional Courses; Cash awards (upwardly revised) to the children of CSIR employees who secured 90% or above in each of minimum threeScience subjects in the Sr. Secondary Examination (12th Class); separatecash award to the children of CSIR employees who had secured 100%marks in any Science subject in 2011, etc.

[CSIR Lr.No.6-9(150)/2011-E.III dt. 18-8-2011]

NON-PRACTISING ALLOWANCE TO VETERINARY POSTS

The Director-General, CSIR as Chairman, Governing Body, andwith the concurrence of MOF, DOE has approved the grant of benefit of

Non-Practicing Allowance (NPA) @ rate of 25% of the Basic Pay, subjectto the condition that the BP + NPA does not exceed Rs.85,000/- w.e.f.the date of drawal of revised pay scales to all Gr. III employees workingin Animal Houses of CSIR Labs./Instts., and possessing the qualificationof B.V.Sc. & A.H. with registration in the Veterinary Council of India inaccordance with DOPT O.M. F.No.7(19)/2008-E.III(A) dated 30-8-2008.

The NPA will be treated as pay for the purpose of computing DA,entitlement of Travelling Allowance and other allowances as well as for

calculation of retirement benefits.

8/3/2019 1109 - Harmony


8

[CSIR Lr.No.5-1(20)/2008-PD dt. 19-8-2011]

RESTRUCTURING OF CENTRAL OFFICE OF CSIR HQS.

In order to streamline the functioning of the Central Office, CSIR HQs., the competent authority has decided as follows:

1. Shri R.K. Sharma, Sr. Dy. Secretary who is designated as theSr. Controller of Administration, will be assisted by the Controllerof Finance & Accounts/Finance & Accounts Officer and Controllerof Stores & Purchase Officer/Stores & Purchase Officer andsupported by an optimum number of subordinate staff.

2. The duties and responsibilities will inter alia include Establishment,Financial and Stores & Purchase matters of CSIR HQs. and alsoinclude Engineering & Maintenance work including that of CSIR Guest Houses, procurement and maintenance of vehicles, Security-related matters, etc.

3. Shri Sharma will be vested with such financial powers as aredelegated to an Officer of similar status in CSIR Labs./Instts.

4. The Central Office will be accommodated at a single floor in orderto have better supervision and coordination among differentfunctionaries.

[CSIR Lr.No.5-1(115)/2011-PD dt. 16-8-2011]

CLARIFICATIONS ON CHILDREN EDUCATION ALLOWANCE

The following clarifications have been provided under CEA:

1. Reimbursement of Children Education Allowance (CEA) isadmissible beyond two children due to failure of sterilizationoperation only for the first child born after failure of operation.

2. A Govt. servant is allowed to get 50% of the total amount subjectto the overall annual ceiling in the first quarter and the remainingamount in third and fourth quarter. Front-loading of the entire

8/3/2019 1109 - Harmony


9

amount in the first and second quarters is not allowed during thefirst quarter itself of the financial/academic year itself.

3. A Govt. servant can claim full amount, subject to the annual ceilingof Rs.15,000/- in the last quarter.

[GOI DOPT O.M. No. 21011/16/2009-Estt.(AL) dt. 17-6-2011;Swamysnews, Aug. 2011, 18]

EXEMPTION FROM FURNISHING THE INCOME TAX RETURN

An individual whose total income for the relevant Assessment Yeardoes not exceed Rs.5.00 lakhs, and consists of only income chargeable

to Income Tax under the following Heads are exempt from furnishingthe Income Tax Return:

A. “Salaries”;

B. “Income from other sources” By way of interest from a savings account in a bank not exceedingten thousand rupees.

The individuals referred to above have:

i) reported to his employer his Permanent Account Number(PAN);

ii) reported to his employer, the income mentioned in sub-para (B)above and the employer has deducted the tax thereon;

iii)

received a certificate of tax deduction in Form 16 from hisemployer which mentions the PAN, details of income and thetax deducted at source and deposited to the credit of theCentral Govt.;

iv) discharged his total tax liability for the Assessment Yearthrough tax deduction at source and its deposit by the employerto the Central Govt.;

v) no claim of refund of taxes due to him for the income of the Assessment Year; and

8/3/2019 1109 - Harmony


10

vi) received salary from only one employer for the Assessment Year.

The exemption from the requirement of furnishing a return of ITshall not be available where a notice under Section 142 (1) or 148 or153-A or 153-C of the IT Act has been issued for filing a return of income for the relevant Assessment Year.

[GOI MOF Notfn. No. 36/2011/F.No.142/09/2011(TPL) dt. 23-6-2011;Swamysnews, Aug. 2011, 22-23]

ENTITLEMENT OF CGHS FACILITY

It has been decided to restore CGHS facilities to serving andretired Railway Audit Staff which were withdrawn. Those retired Railway Audit Staff who have already got pensioner CGHS cards made will not berequired to pay any additional contribution for the renewal of thePensioner CGHS cards. Those retired Railway Audit Staff who werecontributing on a yearly basis will be required to contribute in the rateprevailing on the date of renewal.

It has also been decided that retired Divisional Accounts Officersand retired Divisional Accountants maybe issued Pensioner CGHS cardson payment of the appropriate rate of contribution for renewal/issue of pensioner CGHS cards at the rate prevailing on the date of renewal/issue.

[GOI MOH O.M. No. Z.15025/93/2008-CGHS Desk-I dt. 31-5-2011;

Swamysnews, Aug. 2011, 24-25]

GUIDELINES FOR DOMICILLIARY REHABILITATION MEDICINE

The guidelines for domiciliary rehabilitation medical interventionfor reimbursement to CGHS beneficiaries have been provided as under:

Domiciliary (home-based) care is medically justified in the practice

of rehabilitation medicine which involves the care of the patient with

8/3/2019 1109 - Harmony


11

chronic diseases or temporary or permanent disability or functionallimitation due to lack of health.

It is justified as such persons find ambulation practically impossible

or are significantly dependent on care-giver or the cost of visiting thehospitals become higher than the cost of treatment given.

In view of this, it would be necessary to consider providing holisticdomiciliary rehabilitation medicine service instead of piece-meal home-based physiotherapy only to CGHS beneficiaries as part of their routinehealth coverage.

The following allied health services need to be consider for

domiciliary care: (i) Physiotherapy; (ii) Occupational Therapy; and (iii)Speech Therapy (for patients of stroke/head injury).

The decision for the above care should be based on thoroughevaluation and specific prescription including the exact intervention andfrequency by a PMR Specialist. In case of non-availability, the treatingGovt. Specialist having allopathic Post-graduate qualification in Ortho/Neurology/Neurosurgery/ENT may allow such benefits following thespecific prescription criteria for the following conditions:

1. Orthopaedic disorders: Post-joint replacement surgery in acutephase; Physiotherapy up to two weeks, post-discharge.

2 Neurological disorders (for up to six weeks):

i) Post-stroke: Occupational Therapy (OT), Physiotherapy (PT)and Speech Therapy (ST);

ii) Traumatic brain injury: OT, PT and ST;

iii) Gullian-Barre Syndrome: OT and PT;

iv) Spinal cord injury with significant disability/deformity: OTand PT; and

v) Motor neuron disease: OT, PT and ST.

8/3/2019 1109 - Harmony


12

3. Locomotor disabilities, with a disability of over 80% or those whoare totally dependent on care-giver based on the opinion of two Govt.Specialists by certified care-giver. Care-giver means RehabilitationCouncil of India certified personnel + Physiotherapist and Occupational

therapist (duly qualified diploma/degree holder.

Prescription information

The prescription for home-based rehabilitation programme shouldinclude the following descriptive specifics:

i) The therapy to be used:

a) Electrotherapy;b) Active Exercise Therapy;c) ADL Training;d) Speech Therapy;e) Gait Training, andf) Passive Exercises

ii) The technical person required to institute the therapy;

iii) The frequency of the therapy required by the patient; and

iv) Duration of the therapy programme.

The following rates may be reimbursed:

Physiotherapist: .. Max. of Rs.300/-Occupational Therapist: .. Max. of Rs.300/-

Speech Therapist: .. Max. of Rs.300/-Certified Care-Giver: .. Max. of Rs.150/- or Rs.3,000/-Per month for long termrequirement, whichever is less;and

v) No reimbursement to be allowed for the purchase/hiring of therapy equipment/devices.

[GOI MOH O.M. No. S.11011/24/2011-CGHS(P) dt. 1-6-2011;Swamysnews, Aug. 2011, 25-27]

8/3/2019 1109 - Harmony


13

RECOGNITION OF ASARFI HOSPITAL PVT. LTD., DHANBAD

The Asarfi hospital Pvt. Ltd., Dhanbad has been recognised fortreatment at Dhanbad under CS (MA) Rules, 1944.

The schedule of charges for the treatment under the CS (MA)Rules, 1944 will be the rates fixed for CGHS, Ranchi. The approvedrates are available on the CGHS Website www.mohfw.nic.in//cghs.html.

[GOI MOH O.M. No.S.14021/9/2009-MS dt. 6-6-2011; Swamysnews, Aug. 2011, 27-31]

EMPANELMENT OF PRIVATE HOSPITALS UNDER CGHS,BENGALURU, CHANDIGARH, HYDERABAD, KOLKOTA,

AHMEDABAD AND PUNE

A list of hospitals which have qualified for short-listing forempanelment under CGHS in Bengaluru, Chandigarh, Hyderabad,Kolkata, Ahmedabad and Pune under different categories are notified:

BENGALURU1. Smiles Dental Care

No.74/2, above Nagendra Medicals, 1st Floor, Nagavarapalya MainRoad, C.V. Raman Nagar, Bengaluru 560 093- Dental care

2. Diagnostic Laboratory & Imaging CentreSupra Diagnostics, No.18, 5th Cross, Malleswaram Circle, Bengaluru560 003

- MRI

CHANDIGARH1. Grover Laser Eye & ENT Hospital

No.140, Sector 35-A, Chandigarh- Eye care

2. Chandigarh Clinical Lab. Pvt. Ltd.,SCF 9, Sector 8-C, Chandigarh

- Diagnostic Lab.-

8/3/2019 1109 - Harmony


14

HYDERABAD1. Apollo Hospitals, Secunderabad

- General purpose including Joint replacement as a previouslyempanelled hospital

2. Geetha Multi-Speciality Hospital10-1-5/C, Road No.4, West Marredpally, Secunderabad 500 026- General purpose

Super Speciality Yashoda Super-Speciality HospitalRajbhawan Road, Somajiguda, Hyderabad 500 082- Super-speciality

Super Speciality (Selective) Care HospitalH.No.1-4-908/7/1, Opp: Raja Deluxe Theatre Musheerabad,Hyderabad- Cardiology and cardiothoracic surgery

Diagnostic Lab. & Intensive CareMedwin Diagnostics of Medwin Hospitals100, Raghava Ratna Towers, Chirag Ali Lane, Hyderabad 500001- Diagnostic Lab.

KOLKATA Susrut Eye Foundation & Research Centre- Eye care

AHMEDABAD

Shalby HospitalsOpp: Karnavati Club, S.G. Road, Ahmedabad 380 015- General purpose including cardiology and cardiothoracic

surgery

PUNE1. Jehangir Hospital

32, Sassoon Road, Pune 411 001- General purpose

8/3/2019 1109 - Harmony


15

2. Sadhu Vaswani Mission’s Medical ComplexInlaks and Budhrani Hospital,M.N. Budhrani Cancer Institute7-9,Koregaon Park, Pune 411 001

- General purpose

3. Ranka HospitalMukundnagar, Pune- Orthopaedics

4. National Institute of Opthalmology187/30, Shivaji Nagar, Pune- Eye care

[GOI MOH O.M.No.S.110011/23/2009-CGHS-D.II/Hospital Cell (Part IX)dt. 10-6-2011; Swamysnews, Aug. 2011, 32-34]

RECOGNITION OF WESTFORT HI-TECH.HOSPITAL LTD., THRISSUR

The Westfort Hi-Tech Hospital Ltd., Thrissur has been recognisedfor treatment at Thrissur under CS (MA) Rules, 1944.

The schedule of charges for the treatment of CG employees andthe members of their family under the CS (MA) Rules, 1944 will be therates fixed for CGHS, Thiruvananthapuram. The approved rates areavailable on the CGHS Website www.mohfw.nic.in//cghs.html.

[GOI MOH O.M. No.S.14021/11/2009-MS dt. 16-6-2011; Swamysnews,

Aug. 2011, 34-38]

RECOGNITION OF GOYAL HOSPITAL & RESEARCHCENTRE (P) LTD., JODHPUR

The Goyal Hospital & Research Centre (P) Ltd. has beenrecognised for treatment at Jodhpur under CS (MA) Rules, 1944.

The schedule of charges for the treatment of CG employees andthe members of their family under the CS (MA) Rules, 1944 will be the

8/3/2019 1109 - Harmony


16

rates fixed for CGHS, Jaipur. The approved rates are available on theCGHS Website www.mohfw.nic.in//cghs.html.

[GOI MOH O.M.No.S.14021/37/2003-MS dt. 16-6-2011; Swamysnews,

Aug. 2011, 38-43]

EMPANELMENT OF EXCLUSIVE CANCER HOSPITALS/UNITS, DELHI

The CGHS had initiated action for fresh empanelment of ExclusivePrivate Cancer Hospitals/Units under CGHS, Delhi as detailed hereunder.The rates of Tata Memorial Hospital, Mumbai (2009) as mentioned

under B category for Cancer surgical procedures are treated at CGHSrates are or treatment in Semi-private ward with 10% decrease forGeneral Ward and 15% enhancement for Private ward entitled patients.

The duration of treatment for different categories of surgery willbe:

Category I … 1-2 daysCategory II … 3-5 days

(7-10 days in respect of operationsinvolving abdominal/thoracic cavity)

Category III, IV & V … 14 days

The Super-speciality rates of CGHS Delhi for Cancer Radiotherapyand Chemotherapy shall be applicable as per CGHS rates.

Chemotherapy medicines shall be procured from CGHS whereverfeasible, and as per available brand. In case, medicines are supplied by

hospital, they shall provide on credit to pensioners and shall offer adiscount of 10% on MRP.

Consultation fee shall be as per CGHS rates for NABH Accreditedhospitals.

Accommodation charges are as follows:

General ward … Rs.1000/- per day

Semi-private ward … Rs.2000/- per dayPrivate ward … Rs.3000/- per day

8/3/2019 1109 - Harmony


17

No additional charge on account of extended period of stay shallbe allowed, if that extension is due to infection on the consequences of surgical procedure or due to any other improper procedure, and is not justified.

The CGHS beneficiaries taking treatment will be entitled forreimbursement of treatment on credit as per the package rates. Therates are for semi-private ward. If the beneficiary is entitled for Generalward, there will be a decrease of 10% in the rates; for private Wardentitlement there will be an increase of15%. The rates shall be same forinvestigation irrespective of entitlement whether the patients admittedor not and the test per se does not require admission to hospital.

S.No. Name and address of the Cancer Hospital/Unit Whether NABHaccredited

1. SMH Curie Cancer CentreShanti Mukund Hospital, 2, Institutional Area, Vikas Marg Extension, Karkardooma, Delhi

No

2. Max Super Speciality Hospital108-A, Indraprastha Extension, Patparganj,Delhi

Yes

3. Max Super Speciality HospitalEast Block, 2, Press Enclave Road, Saket, NewDelhi

Yes

4. Action Cancer HospitalH-2/FC-34, A-4 Paschim Vihar, New Delhi

No

5. Dr. B.L. Kapur Memorial HospitalPusa Road, New Delhi

Yes

6. Batra Hospital & Medical Research Centre

1, Tughlakabad Institutional Area, MehrauliBadarpur Road, New Delhi

Yes

7. Metro Hospital & Cancer Institute21, Community Centre, Preet Vihar, Delhi

Yes

8 Moolchand HospitalLajpat Nagar III, New Delhi

Yes

9. Rajiv Gandhi Cancer Institute & Research CentreD-18, Sector-V, Rohini, New Delhi

No

10. Dharamshila Cancer Hospital

Dharamshila Marg, Vasundhara Enclave, Delhi

Yes

8/3/2019 1109 - Harmony


18

[GOI MOH O.M.No.REC-I/2008/JD(Gr.)/CGHS/CGHS(P) dt. 23-6-2011;Swamysnews, Aug. 2011, 43-48]

AMENDMENT TO RTI ACT

In the Sub-Section (2) of Second Schedule to the Right toInformation Act, 2005, the following organizations have been exemptedfrom the operation of RTI Act, except in respect of information in casespertaining to the allegations of corruption and human rights violation:

i) Central Bureau of Investigation

ii) National Investigation Agencyiii) National Intelligence Grid

[GOI DOPT Notfn.No.1/3/2011-IR dt. 9-6-2011; Swamysnews, Aug.2011, 55]

INCOME CEILING FOR GRANT OF MEDICALFACILITIES IN RAILWAYS

It has been decided that a dependent relative in relation to aRailway servant as defined in para 601 (6) of the Indian RailwaysMedical Manual, 2000 shall be considered eligible for entitlement of Medical facilities, if his/her income does not exceed minimumpension/family pension, i.e. Rs.3,500/- and Dearness Relief thereon or 15% of the basic pay of the Railway Servant, whichever ismore.

[GOI Rly. Bd. Lr.No.2-10/H-1/2/21 dt. 7-6-2011; Swamysnews, Aug.2011, 61]

ENTITLEMENT OF HRA AT NEW STATION OF POSTING

An Officer, on transfer, would be entitled to get HRA at the newstation of posting up to a period of 8 months from the date of his

transfer while retaining the Govt. accommodation at the old station,irrespective of his marital status.

8/3/2019 1109 - Harmony


19

[Swamysnews, Aug. 2011, 100-101]

REGULATION OF INCREMENT WHEN HOLIDAYS ARE SUFFIXED TO LEAVE

An increment falling due on leave is to be drawn only from thedate of resumption of duty on return from leave. But when holidays aresuffixed to leave, the leave is to be treated as having terminated on theday on which the leave would have ended, if holidays had not beensuffixed vide Rule 22 (3) (b) in Swamy’s Compilation of FR & SR, PartIII, Leave Rules.

[Swamysnews, Aug. 2011, 102]

.o.

NEWS & VIEWS

Thanks for the unfailing effort. I keep on waiting for theNewsletter as it has a selfless enterprise attached to it. The information

provided keeps us updated and connected. We cherish and value thesame.

- Dr. A.K. Raina,Scientist, CIMFRI, Dhanbad

8/3/2019 1109 - Harmony


20

VIGILANCE CLEARANCE -- ANENIGMA OR A SIMPLICITOR ?

Ch. Srinivasa RaoFounder-Editor, HARMONY

Formerly COA, NGRIHyderabad

The basic tenets enunciated by the policy formulators

through statutes, acts, executive instructions on issue of Vigilance Clearance in respect of public servants are crystal clear. There is no scope to doodle around.These are well established and were further strengthened by the decisions of the Hon’ble Supreme Court on various occasions. It goes without saying that no one is superior to the Supreme Court unless it is otherwise decided by the Parliament through a valid procedure. Sometimes, the Officers who are dealing

with such subjects fail to apply their mind. Any interpretation without a ‘human face’ would be worthless and ultimately makes such perpetrators pay dearly ….

Introduction

Any public action which is not governed by a set procedure andwhich is against the public good is considered to be a violation. Theprocedure to consider, investigate, and fix responsibility against erringOfficials is explained through the Central Civil Services (Classification,Control & Appeal) Rules, 1965. These practices and procedures are wellestablished, time-tested for their road-worthiness.

An attempt is made hereunder to explain the procedure for issueof Vigilance Clearance to Council servants for various purposes. Each

purpose has to be weighed carefully before according or denying

8/3/2019 1109 - Harmony


21

Vigilance Clearance. It is not proposed to delve upon other relatedissues with a view to accord due importance to the subject matter.

What is “Vigilance” ?

Vigilance in the context of any organisation would mean keeping awatchful eye on the activities of the officers and officials of the unit toensure integrity of personnel in their official transactions. Vigilance, inother words, is to ensure clean and prompt Administrative action towardachieving efficiency and effectiveness of the employees in particular andthe organisation in general, as lack of Vigilance leads to waste, lossesand economic decline.

What is Vigilance Angle ?

Vigilance angle is obvious in the following acts:

i) Demanding and/or accepting gratification other than legalremuneration in respect of an Official act or for using hisinfluence with any other Official.

ii) Obtaining valuable thing, without consideration or withinadequate consideration from a person with whom he hasor likely to have official dealings or his subordinates haveofficial dealings or where he can exert influence

iii) Obtaining for himself or for any other person any valuablething or pecuniary advantage by corrupt or illegal means orby abusing his position as a public servant

iv) Possession of assets disproportionate to his known sourcesof income

v) Cases of misappropriation, forgery or cheating or othersimilar criminal offences.

Besides the above, the following shall have to be consideredbefore issuing Vigilance Clearance:

i) commission of criminal offences like demand and acceptanceof illegal gratification, possession of disproportionate assets,

8/3/2019 1109 - Harmony


22

forgery, cheating, abuse of official position with a view toobtain pecuniary advantage for self or for any other person;or

ii) irregularities reflecting adversely on the integrity of thepublic servant;

iii) lapses involving any of the following:

a) gross negligence;b) recklessness;c) failure to report to competent authorities, exercise of

discretion/ powers without or in excess of

powers/jurisdiction;d) cause of undue loss or a concomitant gain to an

individual or a set of individuals/a party or parties; ande) Flagrant violation of systems and procedures.

Guidelines for issue of Vigilance Clearance

The Guidelines regarding issue of Vigilance Clearance to thosebelonging to the Central Civil Services/Posts were issued by theDepartment of Personnel Training, Govt. of India vide itsO.M. No.11012/11/2007-Estt.(A) dt. 14-12-2007 which were dulyendorsed by CSIR vide its letters No.15-6(82)/98-O&M-II dt. 19-3-2008and 17-6-2008. These Orders shall be applicable to (a) empanelment(b) any deputation for which clearance is necessary, and (c)appointments to sensitive posts and assignments to trainingprogrammes (except mandatory training).

Vigilance Clearance shall not be withheld under the followingcircumstances:

i) due to the filing of a complaint, unless it is established on thebasis of at least a preliminary inquiry or on the basis of anyinformation that the concerned Department may already have inits possession, that there is prima facie , substance to verifiableallegations regarding (i) corruption, (ii) possession of assetsdisproportionate to known sources of income (iii) moral turpitude

(iv) violation of the CCS (Conduct) Rules, 1964;

8/3/2019 1109 - Harmony


23

ii) if a preliminary inquiry mentioned above takes more than threemonths to be completed; unless:

a) the Officer is under suspension,

b) a charge sheet has been issued against the Officer in adisciplinary proceeding and the proceeding is pending

c) orders for instituting disciplinary proceeding against theOfficer have been issued by the Disciplinary Authority,provided that the charge sheet served within three monthsfrom the date of passing such order

d) charge sheet has been filed in a Court by an Investigating Agency in a criminal case and the case is pending

e) orders for instituting a criminal case against an Officer havebeen issued by the Disciplinary Authority, provided that thecharge sheet is served within three months from the date of initiating proceedings

f) sanction of investigation or prosecution has been granted bythe “competent authority” in a case under the Penal Code Act or any other criminal matter

g) an FIR has been filed or a case registered by the concernedDepartment against the Officer, provided that the chargesheet is served within three months from the date of filing/registering the FIR/case; and

h) the Officer is involved in a trap/raid case on charges of corruption and investigation is pending;

iv) Vigilance Clearance shall not be withheld due to an FIR filed onthe basis of a private complaint unless a charge sheet has beenfiled by the Investigating Agency, provided that there are nodirections to the contrary by a competent Court of Law; and

v) Vigilance Clearance shall not be withheld even after sanction for

prosecution, if the Investigating Agency has not been able tocomplete its investigations and file charges within a period of two

8/3/2019 1109 - Harmony


24

years. However, such Vigilance Clearance will entitle the Officer tobe considered only to be appointed to non-sensitive posts andpremature repatriation to the parent cadre in case he is ondeputation and not for any other dispensation listed in para 1

above.

In cases where complaints have been referred to the Administrative Authority concerned and no substantive response hasbeen received from such an authority within three months from the dateon which the reference was made, the Disciplinary Authority mayprovide a copy of the complaint to the Officer concerned to seek hiscomments. If the comments are found to be prima facie satisfactory bythe competent authority, Vigilance Clearance shall be accorded.

Vigilance Clearance shall be decided on a case-by-case basis bythe competent authority keeping in view the sensitivity of the purpose,the gravity of the charges and the facts and circumstances in thefollowing situations:

i) where the investigating agency has found no substance inthe allegation but the Court refuses to permit closure of theFIR, and

ii) where the investigating agency/Inquiry Officer holds thecharges as proved but the competent administrativeauthority differs, or the converse.

While considering cases for grant of Vigilance Clearance for thepurpose of empanelment of members of the Central Civil Services/Postsof a particular batch, the Vigilance Clearance/status will continue to be

ascertained from the respective Cadre Authority. In all such cases, thecomments of the CVC will be obtained. However, if no comments arereceived within a period of three months, it will be presumed that thereis nothing adverse against the Officer on the records of the bodyconcerned.

Vigilance Clearance will be issued in all cases with the approval of the Head of Vigilance Division for Officers up to one level below theirseniority in service. In the case of Officers of the level of Addl.

Secretary/Secretary, this will be issued with the approval of theSecretary. In case of doubt, orders of the Secretary will be obtained

8/3/2019 1109 - Harmony


25

keeping in view the purpose for which the Vigilance Clearance isrequired by the indenting authority.

Vigilance Clearance in r/o promotion

The procedure to be followed in promotion of a Council servantagainst whom disciplinary proceedings are pending or whose conduct isunder investigation is well-established. A Council servant who isrecommended for promotion by the DPC but in whose case any of thefollowing circumstances:

i) Govt. servants under suspension;

ii) Govt. servants in r/o whom a charge sheet has been issuedand the disciplinary proceedings are pending; and

iii) Govt. servants in r/o whom prosecution for a criminal chargeis pending

arise after the recommendations of the DPC are received but before heis actually promoted will be considered as if his case had been placed ina “sealed cover” by the DPC. He shall not be promoted until he iscompletely exonerated of the charges against him and the provisionscontained in O.M. dated 14-9-1992 will be applicable in his case also.

Vigilance status is sought before considering the eligible Officersfor promotion. Subsequently the promotion orders are issued subject to Vigilance Clearance. The process between consideration of names forpromotion and issue of order of promotion takes some time. During theinterim period, there may be instances in which disciplinary proceedings

may be initiated or there may be some other developments after thevigilance status had been informed. Though, even after issuance of theorder of promotion, it is requested to relieve the Officer concerned onlyif he is clear from vigilance angle.

When to deny Vigilance Clearance

Absence of vigilance angle in various acts of omission andcommission does not mean that the concerned Official is not liable to

face consequences of his actions. All such lapses not attracting vigilance

8/3/2019 1109 - Harmony


26

angle would indeed have to be dealt with appropriately as per thedisciplinary procedure.

Cases falling in the specified categories, along with those of

Officers who are undergoing a penalty when the clearance is sought, arethe ones which require Vigilance Clearance to be withheld, such as:

i) Govt. servants under suspension

ii) Govt. servants in respect of whom disciplinary proceedingsare pending or a decision has been taken to initiatedisciplinary proceedings.

iii) Govt. servants in respect of whom prosecution for a criminalcharge is pending or sanction for prosecution has beenissued or a decision has been taken to accord sanction forprosecution.

iv) Govt. servants against whom an investigation, seriousallegation of corruption, bribery or similar grave misconductis in progress either by the CBI or by any other agency,departments or otherwise.

Vigilance Clearance will not be accorded to employees who areundergoing a penalty imposed by a Disciplinary Authority or sentenceordered by a court of law.

In cases where the employee has been placed under suspension,is being prosecuted or has been issued with a charge sheet, the Chief Vigilance Officer is to withhold Vigilance Clearance informing the

competent authority about the circumstances that are applicable to theemployee concerned.

Analyzing the issues

In case of irregularities where circumstances prevailing then andalso the circumstantial evidence will have to be weighed carefully to takea view whether the Officer’s integrity is in doubt. Gross or willfulnegligence; recklessness in decision making; blatant violations of

systems and procedures; exercise of discretion in excess, where noostensible public interest is evident; failure to keep the controlling

8/3/2019 1109 - Harmony


27

authority/superiors informed in time – these are some of theirregularities where the disciplinary authority with the help of the CVOshould carefully study the case and weigh the circumstances to come toa conclusion whether there is reasonable ground to doubt the integrity

of the Officer concerned.

However, pending investigation or inclusion in Agreed List/List of Officers of Doubtful Integrity will not bar the CVO to accord unqualified Vigilance Clearance to such employees.

Any delay resulting in issue of Vigilance Clearance to the Councilservant shall be construed as a deliberate attempt to derive undue andunintended advantage from the ruling of the Hon’ble Supreme Court.

This is for strict compliance by all CVOs.

References

1. Hon’ble Supreme Court ruling in a case in UOI vs.K.V. Janakiraman (AIR 1991 SC 2010)

2. CSIR Lr. No.15-1(60)/81-Vig.(Vol.II) dt. 20-5-2002; CVC Lr.No. 3S/ DSP/1 dt. 28-3-2002

3. CSIR Lr. No. 15-6(82)/98-O&M dt. 22-11-2004; GOI MPPG&PDOPT O.M. No. 22012/1/99-Estt(D) dt. 25-10-2004;

4 “Vigilance Manual” Vol. I (Sixth Edn., 2005), Central VigilanceCommission, New Delhi

5. “Vigilance Book”, Central Vigilance Commission, New Delhi

6. GOI DOPT O.M. No. 109/2/2006-AVD.I dt. 10-10-2007;Swamysnews, Feb. 2008, 31-32

7. CSIR Lrs. No.15-6(82)/98-O&M-II dt. 19-3-2008 & 17-6-2008;GOI DOPT O.M. No.11012/11/2007-Estt.(A) dt. 14-12-2007;Swamysnews, Feb. 2008, 37-39

.o.

1109 - harmony

Documents