1. Whether the divisional superintendent who is a witness or a party in the case can issue charge sheet to an employee, to whom he is disciplinary authority
Ans: No. In such cases an adhoc disciplinary authority must be appointed.(DG,P&T memo No6/641/64-Disc dated 27-01-65)
2. Whether any punishment can be imposed with retrospective effect.
Ans: No. No penalty can be imposed retrospectively; it can only be prospective, either from the date of issue of punishment order or from a prospective date
3. Whether the punishment of reduction of pay awarded under Rule 16 will affect pension?
Ans: No. Any punishment awarded under rule 16 should not affect pension. But if an inquiry as specified under Rule 16(1)(b) is conducted such a punishment can be imposed.
4. Whether promotion can be accorded if the punishment order has not become operative?
Ans: Yes. It should be. Promotion cannot be ordered during the currency of punishment.
Ans: No. In such cases an adhoc disciplinary authority must be appointed.(DG,P&T memo No6/641/64-Disc dated 27-01-65)
2. Whether any punishment can be imposed with retrospective effect.
Ans: No. No penalty can be imposed retrospectively; it can only be prospective, either from the date of issue of punishment order or from a prospective date
3. Whether the punishment of reduction of pay awarded under Rule 16 will affect pension?
Ans: No. Any punishment awarded under rule 16 should not affect pension. But if an inquiry as specified under Rule 16(1)(b) is conducted such a punishment can be imposed.
4. Whether promotion can be accorded if the punishment order has not become operative?
Ans: Yes. It should be. Promotion cannot be ordered during the currency of punishment.
5. Can an official be reduced to a rank lower than to which he was originally appointed?
Ans: No. He cannot be reduced to a rank lower than the rank to which he was originally appointed (Rule 11 Goi 10)
6. Whether an order of stoppage of increment with cumulative effect will affect seniority?
Ans: No. But an order of reduction to a lower rank/post will affect seniority, if ordered as such
7. What is the DOPT instruction, in determination of seniority in case of reduction to a lower rank/post?
Ans: Seniority of an official will be regulated, based on the conditions specified in the punishment order in terms of Para 4.2 of consolidated orders on seniority contained in DOP&T Meme No 22011/7/86-estt.(D)dated 3rd July 1986 (copy of order enclosed)
8 After acquittal from court on criminal charge, whether the dept can take disc action on the same charge?
Ans: NO, if the official is acquitted honourably. But, if the acquittal is for lack of evidence etc... The dept can proceed, if it has got enough evidence to prove the charge. This is because the standards of proof required in a deptl inquiry and in criminal proceedings are different.
9 Whether an officer holding current charges can exercise the disc powers attached to the post?
Ans: NO, [ MHA OM No f7/14/61-Ests(A) dated24-01-63]
10 Whether the lower authority (SP) can award major penalty to an official appointed by the higher authority (SSP)?
Ans: No. No civil servant shall be dismissed or removed from service, by an authority subordinate to appointing authority.
One official may have many appointing authorities in every stage of promotion etc... Therefore, the highest authority among these appointing authorities can only impose major penalties.
11 What is the period after which a suspension order will have to be reviewed?
Ans: As per Rule 10 sub rule 6&7(CCS(CCA)Rules 1965)) the 1st suspension order will remain in force only for 90 days. Before the expiry of 90 days the suspension order will have to be extended based on the recommendations of the review committee The review committee can also recommend extension of suspension only up to 180 days at a time.
12 Whether the suspension order can be prolonged with out the issue of charge sheet?
Ans: , If the review committee recommends extension, but it will be difficult to justify such prolonged suspension. CAT Bangalore in a judgement in case of A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195Bangalore
13 Whether the committee is empowered to extend suspension beyond 180 at a time
Ans: Yes. But not at a time. The committee has to review suspension before the expiry of 180 days
14 Whether the closed cases can be reopened?
Ans: Yes. The reviewing authority after giving a due notice to the concerned official with in the period prescribed for such a review can revise the order earlier made by the disciplinary authority.
15,16 &17 Omitted
18 What is the financial power of LSG& HSG POSTMASTERS?
Ans: Rs 30/- to LSG and Rs 60/- to HSG, Subject to availability of funds allotted by DO
19 Can an authority force an official to take VR When he becomes physically or mentally disabled?
Ans: No. As per DOPT orders dated 19-01-2004 no establishment shall dispense with or reduce in rank an employee who acquired disability during his service. In case if it is not possible to adjust him against any post, he may be kept on a supernumerary until a suitable post is found or made available or till the date of his retirement on superannuation. This order is based on the amended provisions of the section 47 of the “ persons with disability act1995”
20 Omitted
21 Whether any time limit is prescribed for disposal of representations received
Ans: Yes as per the Dte letter no 204/40/75-Disc dated 23-07-75 the staff cases should be dealt in the fallowing manner:-
1 Action must be taken within a week
2 Decision must be taken within fort night
3 At any cost decision must be taken with in a month.
It provides further that appeal should be decided with in a month from the date of receipt of the records of the case.
22. Whether an official already placed under suspension can function as Defence Assistant in another Disc Case?
Ans: Yes: As per the Rule 14 (18) of CCS (CCA) rules 1965, it is permissible. This has been examined by the Kerala High Court and opined that there is no rule that a person under suspension is not entitled to assist another Govt. Servant in Inquiry proceedings.
23. What are all the circumstances under which the ‘Dies non’ can be awarded?
Ans: The day can be marked as ‘Dies non’ only under the following three circumstances.
i) When the official remains absent from duty without prior information.
ii) When on duty in office, the official leaves the office without proper permission ; and
iii) The official remains in office, but refuses to perform duty assigned to him
In any of these circumstances , ‘Dies non’ memo should not be issued without issuing show cause notice.
24. Whether late coming to office can be treated as ‘Dies non’?
Ans: No. A day on which an official comes late and works throughout the day during office hours will not be marked as ‘dies non’. Treating this day as ‘Dies non’ for coming late is not contemplated in the rules. The proper course in such case would to be debit ½ day in the casual leave account of the official as per instructions. This is confirmed in the DG’s letter dated 26.11.79.
Further the Department in its letter dt 22.07.75, has stated that Half a days CL should be debited to the CL account of a Government Servant for each late attendance up to one hour on not more than two occasions may be condoned by the competent authority, if he is satisfied.
25. What is the position in case if there is no casual leave for debiting due to late attendance? If the leave sanctioning authority does not want to condone the delay, what action can be taken?
Ans: If an official who has no casual leave to his credit comes late without sufficient justification and the administrative authority is not prepared to condone the late coming, he may inform the official that he will be treated as unauthorised absence for the day on which he came late and leave it to the official himself either to face action for unauthorised absence or to apply for earned leave or any kind of leave due and admissible for the entire day, the same may be sanctioned. This is the order of the Ministry of Home Affairs dt 05.03.82 As such Question of dies non will not arise in such cases.
Ans: No. No civil servant shall be dismissed or removed from service, by an authority subordinate to appointing authority.
One official may have many appointing authorities in every stage of promotion etc... Therefore, the highest authority among these appointing authorities can only impose major penalties.
11 What is the period after which a suspension order will have to be reviewed?
Ans: As per Rule 10 sub rule 6&7(CCS(CCA)Rules 1965)) the 1st suspension order will remain in force only for 90 days. Before the expiry of 90 days the suspension order will have to be extended based on the recommendations of the review committee The review committee can also recommend extension of suspension only up to 180 days at a time.
12 Whether the suspension order can be prolonged with out the issue of charge sheet?
Ans: , If the review committee recommends extension, but it will be difficult to justify such prolonged suspension. CAT Bangalore in a judgement in case of A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195
13 Whether the committee is empowered to extend suspension beyond 180 at a time
Ans: Yes. But not at a time. The committee has to review suspension before the expiry of 180 days
14 Whether the closed cases can be reopened?
Ans: Yes. The reviewing authority after giving a due notice to the concerned official with in the period prescribed for such a review can revise the order earlier made by the disciplinary authority.
15,16 &17 Omitted
18 What is the financial power of LSG& HSG POSTMASTERS?
Ans: Rs 30/- to LSG and Rs 60/- to HSG, Subject to availability of funds allotted by DO
19 Can an authority force an official to take VR When he becomes physically or mentally disabled?
Ans: No. As per DOPT orders dated 19-01-2004 no establishment shall dispense with or reduce in rank an employee who acquired disability during his service. In case if it is not possible to adjust him against any post, he may be kept on a supernumerary until a suitable post is found or made available or till the date of his retirement on superannuation. This order is based on the amended provisions of the section 47 of the “ persons with disability act1995”
20 Omitted
21 Whether any time limit is prescribed for disposal of representations received
Ans: Yes as per the Dte letter no 204/40/75-Disc dated 23-07-75 the staff cases should be dealt in the fallowing manner:-
1 Action must be taken within a week
2 Decision must be taken within fort night
3 At any cost decision must be taken with in a month.
It provides further that appeal should be decided with in a month from the date of receipt of the records of the case.
22. Whether an official already placed under suspension can function as Defence Assistant in another Disc Case?
Ans: Yes: As per the Rule 14 (18) of CCS (CCA) rules 1965, it is permissible. This has been examined by the Kerala High Court and opined that there is no rule that a person under suspension is not entitled to assist another Govt. Servant in Inquiry proceedings.
23. What are all the circumstances under which the ‘Dies non’ can be awarded?
Ans: The day can be marked as ‘Dies non’ only under the following three circumstances.
i) When the official remains absent from duty without prior information.
ii) When on duty in office, the official leaves the office without proper permission ; and
iii) The official remains in office, but refuses to perform duty assigned to him
In any of these circumstances , ‘Dies non’ memo should not be issued without issuing show cause notice.
24. Whether late coming to office can be treated as ‘Dies non’?
Ans: No. A day on which an official comes late and works throughout the day during office hours will not be marked as ‘dies non’. Treating this day as ‘Dies non’ for coming late is not contemplated in the rules. The proper course in such case would to be debit ½ day in the casual leave account of the official as per instructions. This is confirmed in the DG’s letter dated 26.11.79.
Further the Department in its letter dt 22.07.75, has stated that Half a days CL should be debited to the CL account of a Government Servant for each late attendance up to one hour on not more than two occasions may be condoned by the competent authority, if he is satisfied.
25. What is the position in case if there is no casual leave for debiting due to late attendance? If the leave sanctioning authority does not want to condone the delay, what action can be taken?
Ans: If an official who has no casual leave to his credit comes late without sufficient justification and the administrative authority is not prepared to condone the late coming, he may inform the official that he will be treated as unauthorised absence for the day on which he came late and leave it to the official himself either to face action for unauthorised absence or to apply for earned leave or any kind of leave due and admissible for the entire day, the same may be sanctioned. This is the order of the Ministry of Home Affairs dt 05.03.82 As such Question of dies non will not arise in such cases.
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26. A rule 14 charge sheet was issued to the official and he died when the case was under enquiry stage. What will be the fate of charge sheet? Whether the family will get pensionary benefits?
Ans: As per the DOPT order dated 20.10.99. where a Government Servant dies during the pendency of the inquiry(i.e) without charges being proved against him, imposition of penalty is not justifiable. Therefore, the disciplinary proceedings should be closed immediately. Family of the official is fully entitled to avail all the retirement / pensionary benefits as available to the family of the deceased employee.
27. Whether the adverse entry in the confidential report is operative in case the representation made against the same is pending with the appellate authority?
Ans: Adverse remarks should not be deemed to be operative, if any representation filed within the prescribed limit is pending. Further, the representation should be decided within three months by the competent authority.
28. What is the time limit for making representation against adverse entry?
Ans: As per the old rules, only one representation against adverse entries should be allowed within one month of their communication. Even belated representations may be considered if there is satisfactory explanation for the delay ( DOPT order dt 31.10.61.). An appeal against rejection of representation against adverse entries can be made within six months after such rejection. Now the CR system has been modified as APAR (Annual Performance Assessment Report). As per the new scheme 15 days time for the receipt of communication will be given.
29. An official was placed under suspension on flimsy reasons. He has been awarded with only minor punishment under Rule 16. What is the fate of suspension period?
Ans: Where the departmental proceedings ended with the imposition of minor penalty against a suspended employee, the suspension can be said to be wholly unjustified in terms of FR 54 ( B). Therefore the employee concerned should be paid fully pay and allowances for the period of suspension.
30. Whether any specific orders are required for declaring holidays during General election? If not, what are the provisions.
Ans: No Separate order is required. It should be declared as closed holiday on the following circumstances.
i) In the notified areas where General election to State Legislative assembly is scheduled to be conducted.
ii) In connection with by-elections to Loksabha/ State Assembly, the office shall not be closed. However the employees who are bonafide Voters in the relevant constituency should be granted special casual leave on the day of polling.
iii) Special CL may be granted to an employee who is an ordinarily a resident of that constituency and registered as a voter but employed outside the constituency having a general/by election.
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31. Whether LND( Leave Not Due) can be availed in case one having E.L at his credit wants to keep it for his retirement benefits?
Ans: Yes. LND may be sanctioned in cases where credit in EL account is available. However LND can be granted only on medical grounds and not for private affairs.
32. How may days an official employed inindia
Ans: Since12-10 1990, it has been increased to 180 days [Rule 26(2)].
33. Is the Service book of an official is a secret document? Is there any provision to verify the entries therein by the official?
Ans: According to the DG’s order Below SR 202, it is incumbent on every Government servant to see that his service book is properly maintained. He should be allowed to verify the entries periodically and affix his signature in token of having accepted the entries made therein.
It is necessary that one has to verify the service book every year and check the entries made therein with a special reference to leave account and service particulars .
A certified copy of service book can also be obtained on Quitting service on payment of Rs 5/-
34. Whether the fitness certificate should be obtained from the same doctor who certified the illness?
Ans: Not necessary. The rules do not envisage that the fitness certificate should be given by the same doctor who gave the medical certificate.
35. IF an official is directed for Second Medical Opinion to D.M.O whether he is entitled to claim TA/DA?
Ans: AS per Rules, any employee who has been asked to proceed to some other station for second medical opinion, he should be granted T.A for the journey period and D.A for a maximum period of two days calculated as on tour This facility is allowed only in cases of Second medical opinion for grant of original leave and not for extension of leave.
36. Whether the ward of an official who is physically handicapped & studying in unrecognized institution is entitled for reimbursement of tuition fees or not?
Ans: Tuition fees shall be reimbursed in case of physically handicapped/ mentally retorted child irrespective of whether the school/ institution is recognized or not, provided the institution and its fee structures are approved by the Central State Government.
37. An employee is having just five years of service for superannuation. He applied for EL which has been rejected. It is correct?
Ans: As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career.
Ans: Yes. LND may be sanctioned in cases where credit in EL account is available. However LND can be granted only on medical grounds and not for private affairs.
32. How may days an official employed in
Ans: Since12-10 1990, it has been increased to 180 days [Rule 26(2)].
33. Is the Service book of an official is a secret document? Is there any provision to verify the entries therein by the official?
Ans: According to the DG’s order Below SR 202, it is incumbent on every Government servant to see that his service book is properly maintained. He should be allowed to verify the entries periodically and affix his signature in token of having accepted the entries made therein.
It is necessary that one has to verify the service book every year and check the entries made therein with a special reference to leave account and service particulars .
A certified copy of service book can also be obtained on Quitting service on payment of Rs 5/-
34. Whether the fitness certificate should be obtained from the same doctor who certified the illness?
Ans: Not necessary. The rules do not envisage that the fitness certificate should be given by the same doctor who gave the medical certificate.
35. IF an official is directed for Second Medical Opinion to D.M.O whether he is entitled to claim TA/DA?
Ans: AS per Rules, any employee who has been asked to proceed to some other station for second medical opinion, he should be granted T.A for the journey period and D.A for a maximum period of two days calculated as on tour This facility is allowed only in cases of Second medical opinion for grant of original leave and not for extension of leave.
36. Whether the ward of an official who is physically handicapped & studying in unrecognized institution is entitled for reimbursement of tuition fees or not?
Ans: Tuition fees shall be reimbursed in case of physically handicapped/ mentally retorted child irrespective of whether the school/ institution is recognized or not, provided the institution and its fee structures are approved by the Central State Government.
37. An employee is having just five years of service for superannuation. He applied for EL which has been rejected. It is correct?
Ans: As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career.
38. An employee posted at higher HRA station was transferred to a lesser HRA station. His family continued to stay at old station. What is his HRA entitlement?
Ans: As per the MOF order dt 28.03.03, he is entitled to HRA at the rate admissible at the old Head Quarters, if his family continueds to reside there for six months or till he is allotted or his secured family accommodation at the new headquarters, whichever is earlier.
39. Can an employee having mentally retarded children be posted to the place of his choice?
Ans: As per the DOP&T orders dt 15.02.01, Such a request need, to be considered favourably to facilitate proper treatment of the child. .
40. Whether Special casual leave can be availed during Bunds, riots strikes etc.?
Ans: Heads of the departments may grant special casual leave to employees residing at places 5 K.M. away from their offices, when they are unable to attend office due to dislocation of public transport arising out of bundhs, natural calamities …etc. If the absence is due to picketing or curfew , special casual leave may be granted to all the employees irrespective of distance
41. Whether casual leave can be combined with other kind of leave?
Ans: No. It cannot be combined with any other kind of leave. But CL can be combined with Special C.L. Similarly Special CL can be combined with any other kind of leave.
42. What are all the actions termed as sexual harassment on women employees?
Ans: As per the MOF order dt 28.03.03, he is entitled to HRA at the rate admissible at the old Head Quarters, if his family continueds to reside there for six months or till he is allotted or his secured family accommodation at the new headquarters, whichever is earlier.
39. Can an employee having mentally retarded children be posted to the place of his choice?
Ans: As per the DOP&T orders dt 15.02.01, Such a request need, to be considered favourably to facilitate proper treatment of the child. .
40. Whether Special casual leave can be availed during Bunds, riots strikes etc.?
Ans: Heads of the departments may grant special casual leave to employees residing at places 5 K.M. away from their offices, when they are unable to attend office due to dislocation of public transport arising out of bundhs, natural calamities …etc. If the absence is due to picketing or curfew , special casual leave may be granted to all the employees irrespective of distance
41. Whether casual leave can be combined with other kind of leave?
Ans: No. It cannot be combined with any other kind of leave. But CL can be combined with Special C.L. Similarly Special CL can be combined with any other kind of leave.
42. What are all the actions termed as sexual harassment on women employees?
Ans: Sexual harassment includes such unwelcome sexually determined behavior (whether directly or by Implication) as:
a) physical contact and advances;
b) a demand or request for sexual favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature
43.What is the time limit fixed for disposal of representation by the nodal ministry?
Ans: DOP&T Vide its
44. Whether two punishments can be imposed for the same lapse?
Ans: As per the Dte letter dated 30.03.81 in a disciplinary case, two punishments should not be imposed for the same offence. However, recovery from pay can be ordered for recovery of pecuniary loss caused to the government along with any other penalty.
45. An official has submitted resignation but before acceptance, he applied for withdrawal of the same? Whether it should be considered or not?,
Ans: If the employee’s written intimation of withdrawing his letter of resignation reaches the appointing authority before its acceptance his resignation will be deemed to have been automatically withdrawn. If the resignation has been accepted but the employee is not relieved before his letter of withdrawal reaches the appointing authority, he may ordinarily be allowed to withdraw his resignation. If for some reason, the request for withdrawal is refused, the grounds for refusal should be recorded and conveyed to the employee.
46. Whether legitimate Trade Union activities will attract CCS(conduct) rules?Ans: Department has clarified vide its letter dated 06.10.95, that legitimate union activity that does not violate CCS ( conduct) Rules 1964 & ED (conduct & service) rules 1964[ now Dept of Posts GDS(conduct & employment) Rules 2001] or other rules or instructions governing the concerned employee should not lead to disciplinary action against the employee and that this should be strictly ensured.
Ans: If the employee’s written intimation of withdrawing his letter of resignation reaches the appointing authority before its acceptance his resignation will be deemed to have been automatically withdrawn. If the resignation has been accepted but the employee is not relieved before his letter of withdrawal reaches the appointing authority, he may ordinarily be allowed to withdraw his resignation. If for some reason, the request for withdrawal is refused, the grounds for refusal should be recorded and conveyed to the employee.
46. Whether legitimate Trade Union activities will attract CCS(conduct) rules?Ans: Department has clarified vide its letter dated 06.10.95, that legitimate union activity that does not violate CCS ( conduct) Rules 1964 & ED (conduct & service) rules 1964[ now Dept of Posts GDS(conduct & employment) Rules 2001] or other rules or instructions governing the concerned employee should not lead to disciplinary action against the employee and that this should be strictly ensured.
47. Whether oral orders and instructions are to be obeyed?
i) Oral instruction should not, as far as possible be issued by senior officers to their subordinates.
ii) IF the oral instructions are issued by any senior officer, they should be confirmed by him in writing immediately thereafter.
iii) if a junior officers seeks confirmation to the oral instructions given by the senior , the latter should confirm it in wiring whenever such confirmation is sought.
iv) A junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as possible/ practicable.
48. Is there any provision to proceed against an employee on anonymous complaint?
Ans: No. Rule 183 of Vol iii clearly stipulated that no action should be taken on anonymous and pseudonymous complaint against any Government servant. But if the complaint discloses very serious matter and contains verifiable facts then necessary enquiry should be conducted. If such an inquiry reveals serious irregularity on the part of the employee, disc action can be taken
49. Whether the staff Quarters can be forcibly allotted to an employee even though he has not offered his willingness?
Ans: No. it should not be thrusted upon any employee against his will and in the absence of a written request for allotment of a Quarter from the employee.,
However, it is mandatory for the employee to occupy the rent free post attached Quarters. If he refuses to occupy the same, no HRA can be drawn. This is as per the Dte letter dt 11.07.2000. .
50. Is there any condition that the compassionate appointee should maintain the family properly?
Yes. He should give an undertaking in wiring at the time of appointment that he will main properly the other family members who were dependent on the Government Servant and in case it is proved subsequently at any time that the family members are being neglected or are not being maintained properly by him, his appointment may be terminated forthwith.
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51. Whether the divisional union can peruse the Reservation roster at Divisional level?
Ans: As per Chapter IV, rule 6 of Swamy’s compilation on Reservation & Concession for SC/STs, the reservation roster is not a confidential document and can be shown to individual officials /association and, if necessary, through the liaison officer.
As such, the divisional secretaries on request should be permitted to peruse the roster once a year.
52. Whether the departmental vehicles can be used to admit an official for immediate treatment in case of serious illness?
Ans: As per the DOPT order dt 19.10.82, the departmental vehicles can be provided to such officials who may need emergent medical attention, while on duty.
If the departmental vehicle is not immediately available, maximum possible assistance/ aid should be provided and the official moved to hospital by engaging other transport, if necessary at the cost of the government.
53. Whether one officer from the department should be sent along with the official who is summoned for interrogation by police?
Ans: When a departmental official is required by the police officers for interrogation, invariably a senior official like ASP/SDI/PRI(p) should accompany the official and he should remain there till the interrogation by the police is over
54. An official is having EL at his credit. He wants to keep it for encashment on retirement. He has no HPL at credit. Can he be sectioned LND even if EL is available at his credit?
Ans: The availability or other wise of Earned leave has no bearing on sanction of LND. LND is nothing but advance credit of HPL that he will be earning in the rest of his service. So it may be sanctioned, provided that there is every prospect of his earning that amount of HPL in his left over service(See reply to question No 31 also)
55. What is the cut off date for the condition of having not more than two surviving children for family planning Allowance?
Ans: The order was issued on 06.07.1999 in which it was categorically stated that the family planning allowances shall be admissible in future only to those C. G employes, with not more than two surviving children. As such, the condition is not applicable for those having more than two children prior to 06.07.1999. .
Further as per the rules this allowance is not available for those who under went family planning operation after 50 years of age in case of male employee and 45 years in case of female employee.
56. An EX Servicemen drawing pension was appointed as Postal asst, After his retirement. He was drawing pension for his civil service also. Whether his family is entitled for Family pension for both services?Ans: No. Family pension can be availed for one service only, army or civil
57 Whether an official can opt out of CGHS Scheme in case his spouse is working in a private organization which provides medical facilities?
Ans: The Government servant can opt out from CGHS in such a circumstance as per the Government orders dated 04.08.1994. There is no compulsion to remain in the scheme.
58. Whether there is any provision for stepping up of pay in MACP promotion in the case of senior getting less pay than the junior.
Ans: No. The MACP promotion is only personal to the official and the senior cannot claim stepping up of his pay with junior. No pay protection is provided at par with junior.
59. In one disciplinary case, the disciplinary authority awarded punishment. He desired to modify/ alter the punishment or withdraw the charge. Is he competent to do that?
Ans: No. As per Rule 29 of CCS (CCA) Rules 1965, the punishing authority is not competent to revise or cancel his own order. But the appellate authority on an appeal or on its own motion can review & revise the order of disciplinary authority
60. Whether MACP beneficiary is entitled for pay fixation benefits at the time of regular promotion?
Ans: If the official got MACP before regular promotion and availed the fixation benefits, there will be no fixation of pay at the time of promotion. In such cases, the official will continue to draw the same pay, but the next higher grade pay will be granted in case if the same is above the regular promotion.
Further if the employee was offered regular promotion prior to the grant of MACP but declined to accept such promotion, he is not entitled for MACP. Therefore one should not decline regular promotion before exhausting all three ACP Promotions.
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Ans: The Government servant can opt out from CGHS in such a circumstance as per the Government orders dated 04.08.1994. There is no compulsion to remain in the scheme.
58. Whether there is any provision for stepping up of pay in MACP promotion in the case of senior getting less pay than the junior.
Ans: No. The MACP promotion is only personal to the official and the senior cannot claim stepping up of his pay with junior. No pay protection is provided at par with junior.
59. In one disciplinary case, the disciplinary authority awarded punishment. He desired to modify/ alter the punishment or withdraw the charge. Is he competent to do that?
Ans: No. As per Rule 29 of CCS (CCA) Rules 1965, the punishing authority is not competent to revise or cancel his own order. But the appellate authority on an appeal or on its own motion can review & revise the order of disciplinary authority
60. Whether MACP beneficiary is entitled for pay fixation benefits at the time of regular promotion?
Ans: If the official got MACP before regular promotion and availed the fixation benefits, there will be no fixation of pay at the time of promotion. In such cases, the official will continue to draw the same pay, but the next higher grade pay will be granted in case if the same is above the regular promotion.
Further if the employee was offered regular promotion prior to the grant of MACP but declined to accept such promotion, he is not entitled for MACP. Therefore one should not decline regular promotion before exhausting all three ACP Promotions.
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61. Whether the official under currency of punishment can be allowed to appear for departmental examination?
Ans: As per the DG P& T letter No. 7/31/66 –SPB dt 25.06.65, if the punishment is current, the authority should consider each case on its merits to see whether a person should be promoted, in- spite of the penalty imposed, on the basis of the results of the examination which he has passed.
Therefore, the officials under currency of punishment are eligible to appear for the departmental examination.
Similarly, the official against whom the disciplinary proceedings have been initiated is under suspension should also be admitted to write the departmental exam. However he will be promoted, only after the disciplinary proceedings are over and he is completely exonerated.
62. Whether an official who is under suspension is entitled for Family Planning Allowance when his spouse undergoes family planning operation during the suspension period?
Ans:It cannot be drawn during the suspension period as per the existing rules. However, on reinstatement after suspension, he is entitled to the allowance and its date of effect depends on how the period of his suspension is treated.
63. Whether any excess payment of pay and allowances can be recovered from the pensioner?
Ans: No. There is no provision to recover the excess paid pay and allowance from the pensioner vide GID 7 (&) below Rule 73 of CCS (Pension) Rules, 1972. It is most pertinent to note that once the pension is authorized, it should not be revised to the disadvantage of the pensioner as per Rule 70 ibid
64. What is the duration to avail 15 days paternity leave from the date of delivery of the child?
Ans: As per the rules, it should be availed with in six months from the date of delivery of the child.
65. What is the time limit for claming TA Bill?
Ans: As per SR 194-A, it should be preferred within one year. For LTC, it should be preferred within three months form the date of completion of return journey and if advance is drawn, it should be preferred with in one month.
66. Whether any Government dues can be recovered from the Group Insurance (CGEGIS) amount?
Ans: No. According toPara 21.2 of the scheme promulgated in 1980, it is not permissible to adjust any Government dues from the Group Insurance Scheme benefits
67. An official is on leave for one month from 10th of previous month to 9th of next month. Is he is entitled for Transport allowance during the leave period or not?
Ans: Yes. He is entitled for transport allowance. As per the orders dated 22.02.02 the transport allowance will not be admissible, if a govt servant is absent from duty for a full calendar month(s)due to leave, training, tour etc. In this case, the leave period is spread over in two calendar months.
68. Whether the officials granted MACP promotion will continue to hold the original post or entitled to hold any promotional post and entitled to other privileges available to the higher post?
Ans: As per the MACP Scheme, the employees granted Financial up- gradation(i.e) higher pay in grade/ band shall continue to hold the original post on regular basis with the same designation, classification, duties and responsibilities without conferring any privileges related to higher status. On up-gradation they will be eligible for LTC, allotment of Quarters etc. facilities as applicable to the officials with higher pay
Ans:It cannot be drawn during the suspension period as per the existing rules. However, on reinstatement after suspension, he is entitled to the allowance and its date of effect depends on how the period of his suspension is treated.
63. Whether any excess payment of pay and allowances can be recovered from the pensioner?
Ans: No. There is no provision to recover the excess paid pay and allowance from the pensioner vide GID 7 (&) below Rule 73 of CCS (Pension) Rules, 1972. It is most pertinent to note that once the pension is authorized, it should not be revised to the disadvantage of the pensioner as per Rule 70 ibid
64. What is the duration to avail 15 days paternity leave from the date of delivery of the child?
Ans: As per the rules, it should be availed with in six months from the date of delivery of the child.
65. What is the time limit for claming TA Bill?
Ans: As per SR 194-A, it should be preferred within one year. For LTC, it should be preferred within three months form the date of completion of return journey and if advance is drawn, it should be preferred with in one month.
66. Whether any Government dues can be recovered from the Group Insurance (CGEGIS) amount?
Ans: No. According to
67. An official is on leave for one month from 10th of previous month to 9th of next month. Is he is entitled for Transport allowance during the leave period or not?
Ans: Yes. He is entitled for transport allowance. As per the orders dated 22.02.02 the transport allowance will not be admissible, if a govt servant is absent from duty for a full calendar month(s)due to leave, training, tour etc. In this case, the leave period is spread over in two calendar months.
68. Whether the officials granted MACP promotion will continue to hold the original post or entitled to hold any promotional post and entitled to other privileges available to the higher post?
Ans: As per the MACP Scheme, the employees granted Financial up- gradation(i.e) higher pay in grade/ band shall continue to hold the original post on regular basis with the same designation, classification, duties and responsibilities without conferring any privileges related to higher status. On up-gradation they will be eligible for LTC, allotment of Quarters etc. facilities as applicable to the officials with higher pay
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69. Can the Government Servant prefer ROHSC claim for his dependent son who is above 25 years of age?
Ans: er the
70. hether the widowed daughter is entitled for family pension without any age restriction?
Ans: s per the existing provisions under Rule 54 of CCS pension Rules 1972, widowed daughter is eligible for family pension without any age restriction subject to fulfilment of other conditions.
71. What is the age limit of the wards for claiming Educational Assistance?
Ans: he ward should not cross the age of 18. However in case of physically/ mentally handicapped children, they are entitled for the benefits-up to the age of 22 years as per the OM. Dated 21.03.2006.
72. s there any provision to apply for conversion of leave at any time say just before the date of retirement as was being done earlier?
Ans: s per the Rule10 (1) of CCS (leave) Rules 1972 , the request for conversion of one kind of leave into another should be submitted within a period of 30 days after joining the duty on expiry of relevant spell of leave. The earlier practice of applying conversion of leave at any time has been withdrawn.
73. In continuation of maternity leave, an official is availing EOL. Whether the EOL period will be treated as Qualifying Service?
Ans: The maternity leave, as per rules, will be treated as qualifying service. However EOL in continuation of ML without medical certificate will not count as qualifying service for increment/ pension.
74. What is the minimum contribution towards GPF subscription? Whether the amount can be altered by the DDO’s?
Ans: As per Rule 8(b), the subscription towards GPF should not be less than 6% of emoluments and not more than the emoluments. (Pay+ Grade pay) as on 31 march of the proceeding year [Rule 8(2). The DDO’s do not have any right to alter the subscription fixed by the Government Servant. The subscription may be increased twice and reduced once at any time during the year.
75. An official is deputed to an office and he is Drawing Daily Allowance for 180 days. Thereafter he has not been paid with any TA/DA. Is it correct?
Ans: As per SR 116, the transfer grant is admissible only if change of residence is involved. After 180 days, he can claim T.A bill by changing his residence to the newly posted station. But daily allowance will be paid only up to 180 days.
76. If an employee dies during suspension period, whether the family of the deceased employee will be entitled to the family pension or not?
Ans: According to FR 54 (B) (2), where a Government servant under suspension dies before the disciplinary proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes. His family should be paid in full pay and allowances for that period at the rate he would have been entitled had he not been suspended. Naturally his family will be entitled for family pension and death gratuity.
Ans: According to FR 54 (B) (2), where a Government servant under suspension dies before the disciplinary proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes. His family should be paid in full pay and allowances for that period at the rate he would have been entitled had he not been suspended. Naturally his family will be entitled for family pension and death gratuity.
77. If one postmen is having the qualifying service of 9 years 10 months. Is he entitled to pension?
Ans: Yes. Certainly he is entitled. As per Rule 49 of CCS (pension) Rules 1972 , the period of three months and above but less than six months is to be treated as qualifying service of six months for determining pension. Hence all those who are having the qualifying service of 9 years 9 months and above should be treated as ten years of qualifying service and they are entitled to pension.
78. An employee, after the end of Disciplinary proceedings under Rule 14, was dismissed/ removed .In such case, whether he can avail the benefit of leave encashment for the leave at credit in his account?
No. The official is not entitled. As per the Rule 9, the leave at credit is treated as lapsed on the date of removal/ dismissal . There is no question of any leave encashment.
79. Whether change of option for availing either CGHS medical facility or Medical Allowance is allowed to the pensioners? If so, how many times he can change the option?
Ans: As per DOP & PW OM dt 30.12.98, one change in option in the life time of a pensioner shall be allowed. As such he can change the option once.
80. When the period of suspension is treated as duty for all purposes, whether the concerned official is entitled for increments during that period?
Ans: Yes. When the suspension period is treated as duty for all purposes, his pay and increments etc are to be regulated as if he was on duty.
81. An official who is under suspension is convicted by a court of law. Whether he can continue in service after compilation of sentence awarded to him?
Ans: A notice should be served on the official asking him to state as to why he should not be dismissed/removed from service on account of his conviction in a court of law. On receipt of the reply, the disciplinary authority should carefully examine as to whether the offence committed by him is serious enough to dismiss him from service. Then take appropriate action as per Rule19 of CCS(CCA) Rules and govt of
82. An employee committed suicide while in service, whetherl the family is entitled for family pension and other retirement benefits?
Ans: Yes. Family is entitled to family pension and death gratuity
83 How an order of reduction of grade is to be worded?
Ans: See GOI below Rule 11 of CCS(CCA)Rules 1965. .
The order of penalty of reduction to a lower grade should specify the following:-
i) The date from which it will take effect and the period for which the penalty shall be operative.
ii) The stage in the lower time scale in which the pay is to be be fixed.
iii) Whether the period of punishment will postpone future increments or not.
All the above details should be specifically furnished in the punishment order.
84. Whether the wife living separately is entitled for family pension?
Ans: Unless the marriage is terminated with divorce decree by the court of law, the wife is eligible for family pension, irrespective of the fact whether is was living with him or not.
85. A pensioner who commuted his pension expired before completion of 15 years; will the commuted pension for the remaining years, recovered form the family pensioner?
Ans: No. The portion of pension should not be recovered from the family pension. The family pension is payable in full to the beneficiary.
86. Whether recovery of CGHS contribution is with reference to the place of residence or to the place of posting?
Ans: Recovery of CGHS contribution is with reference to the palace of residence of the official and not with reference to the place of posting.
87. Whether it is compulsory to nominate the spouse for GPF?
Ans: According to GPF (CS) Rules any member of the family can be nominated. Similarly for Group Insurance scheme, the Government Servant can nominate any one of his family member.
88. Whether commuted leave can be granted without production of medical certificate?
Ans: No. Production of medical certificate is mandatory to avail commuted leave even for one day.(except when granted up to two years in continuation of maternity leave and Up to 90 days for prosecuting an approved course of study)
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89. Whether the leave sanctioning authority can alter the nature of leave applied for by the official?
Ans: The leave sanctioning authority should not alter the nature of leave applied for by the official.
90. Whether Pension amount can be attached by the court?
Ans: As per the Pension Act 1971, Pension is not attachable by any court of law, even if the decree is for maintenance.
91. Now the annual increment is on every 1st July. If Dies non for a single day is awarded during one year from July to June next year, will it not postpone the increment for another one year?
Ans: No. As per the Rule 10 of CCS (RP) Rules 2008, an official who has completed six months qualifying service will be entitled for next increment. As such, Diesnon, EOL without MC up to 6 months will have no effect in postponing the increment.
92. An official , after completing full tenure is transferred to another station at request. Whether he is entitled to claim TA/TP for his transfer?
Ans: The Department vide its letter dt 18.12.95 clarified that the officials transferred after the completion of full tenure are entitled for TA and transit. This is effective from 18.12. 95.
93. Whether a transfer order issued by an authority, competent to issue such orders can cancel that order?
Ans: As per Directorate orders dt 06.01.82, the transfer orders once issued may be cancelled by the same authority in the interest of service. However he will inform the same to next higher authority with reasons for his intention to cancel the orders. If no reply is received with in 7 days, he can cancel the transfer orders.
94. Whether an official completes tenure in one office seeking for postings as Treasurer in the same office, will it be considered?
Ans: If an official who has completed full tensure may be allowed to work as treasurer even tough he has done a full tenure in the same office in aother post.
95. An eligible official has been ordered to officiate in higher post for 10 days first and subsequently officiating arrangement is extended for another ten days. Whether he is entitled to draw higher pay for the officiating period?
Ans: The leave sanctioning authority should not alter the nature of leave applied for by the official.
90. Whether Pension amount can be attached by the court?
Ans: As per the Pension Act 1971, Pension is not attachable by any court of law, even if the decree is for maintenance.
91. Now the annual increment is on every 1st July. If Dies non for a single day is awarded during one year from July to June next year, will it not postpone the increment for another one year?
Ans: No. As per the Rule 10 of CCS (RP) Rules 2008, an official who has completed six months qualifying service will be entitled for next increment. As such, Diesnon, EOL without MC up to 6 months will have no effect in postponing the increment.
92. An official , after completing full tenure is transferred to another station at request. Whether he is entitled to claim TA/TP for his transfer?
Ans: The Department vide its letter dt 18.12.95 clarified that the officials transferred after the completion of full tenure are entitled for TA and transit. This is effective from 18.12. 95.
93. Whether a transfer order issued by an authority, competent to issue such orders can cancel that order?
Ans: As per Directorate orders dt 06.01.82, the transfer orders once issued may be cancelled by the same authority in the interest of service. However he will inform the same to next higher authority with reasons for his intention to cancel the orders. If no reply is received with in 7 days, he can cancel the transfer orders.
94. Whether an official completes tenure in one office seeking for postings as Treasurer in the same office, will it be considered?
Ans: If an official who has completed full tensure may be allowed to work as treasurer even tough he has done a full tenure in the same office in aother post.
95. An eligible official has been ordered to officiate in higher post for 10 days first and subsequently officiating arrangement is extended for another ten days. Whether he is entitled to draw higher pay for the officiating period?
Ans: Yes. he is entitled for officiating pay( Department of posts letter no 9-25/82-SPG/SPB,II dated 29-05-86) Eligibility to draw officiating pay is dependent on the number of days for which the post was available for officiating arrangement, either due to leave of permanent incumbent or due to some other reasons. If the arrangement is for 14 days or more the official who has than all those who have worked in that post will have to be paid the pay and allowances attached to the post.
96 Whether the Circle or Divisional head is empowered to convert a post- attached quarters for other purpose?
Ans: As per the Directorate orders dt. 06.05.03, the Head of Circle is competent, to convert a pos- attached quarters for other purpose?
Similarly, the suspension of quarters beyond 90 days enabling the SPM to draw HRA due to inhabitant quarters shall be exercised by the circle head only. There is no need to forward such cases to Directorate now.
97. Whether the Divisional head who is having five months service left for his superannuation can issue rotational transfers?
Ans: The Divisional Superintendent retiring within a period of six months must obtain prior written approval of the DPS/PMG before issuing any transfer/ posting orders and appointment of ED agents as per the Dte. Orders dt -07.1992. This order is again reiterated on 12-06-1996. As, such no transfer order can be issued by him without the approval of DPS.
98. Whether preference can be given to physically handicapped employees in transfers?
Ans: Yes. As per 26.07.90 orders, the requests from physically handicapped employees for transfer to their place of choice or to their native place will have to be considered . This was again reiterated by the DOPT on 13-03-2202.
99. Whether recovery of pay is a bar to promotion?
Ans: As per Dte. Letter No. 22-.12-87 , there is no bar to one being promoted while the recovery is in progress because such promotion will not affect the enforcement of the penalty.
100. One Sub Pm provided with post attached quarters retired form service. Whether he should vacate the quarters on the date of retirement or keep it for sometime?
Ans: As per the directorate of estatws orders dt 04-10-91,he may be allowed to retain the post attached quarters for a period of one month on payment of normal rent
101. Is there any preference in allotment of P&T community halls for postal employees
Ans: As per the Dte. Orders dt 02.06.84, the P & T employees should get preference in allotment of the community halls for their own use, before the requests of the outsiders, sponsored by another P & T employee.
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