ROLE AND FUNCTIONS IN RESPECT OF DISCIPLINARY MATTERS.

   SERVICES I BRANCH

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 1.              In accordance with the Article 320 (3) (c) of the Constitution of India the Union Public Service Commission shall be consulted on all disciplinary matters affecting a person serving under the Government of India in a civil capacity, including memorials or petitions relating to such matters. 

 2.             In exercise of the powers conferred by the Constitutional provisions, the President has made the Union Public Service Commission (Exemption from Consultation) Regulations, 1958 under which the Commission are required to be consulted in respect of the following types of disciplinary cases:-
 

a)      Where the President proposes to pass an original order imposing one of the prescribed penalties.

b)     Where the President is to make an order on an appeal preferred against an order imposing a penalty made by a sub-ordinate authority.

c)     Where the President proposes to overrule or modify after consideration of any petition or memorial or otherwise an order made by him or by a subordinate authority imposing a penalty.
 

d)     Where the President proposes to impose any of the prescribed penalties, in exercise of his powers of review in cases where no penalty has been imposed.

3.           The Regulations also provide that the following types of cases need not be referred to the Commission:

 a)       Where the President proposes to make an order of dismissal, removal or reduction in rank after being satisfied that such action is necessary in the interest of security of State.

b)       Where the President proposes to make an order under the Central Civil Services/Railway Services (Safe-guarding of National Security) Rules.

c)       Disciplinary matters affecting a person belonging to a Defence Service (Civilian).

 4.        Apart from disciplinary matters referred to above, the Union Public Service Commission are required to be consulted, in the following types of cases also:-

 a)                  Where the President proposes to withhold or withdraw the whole or part of pension, permanently or for a specified period, or to effect recovery of a pecuniary loss caused to Government for gross misconduct or negligence during service under Rule 9 of the Central Civil Services (Pension) Rules, 1972 or Rule 9 of the Railway Services (Pension) Rules, 1993.

b)                 Where the Central Government proposes to take action against an officer of the AIS under Rules, 3, 6 and 7 of the AIS (DCRB) Rules, 1958.

c)                 Where the President proposes to withhold or withdraw a pension or part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct (Rule 8 of the CCS (Pension) Rules, 1972 and other corresponding rules). 

5.            Disciplinary cases relating to the staff and officers of the Parliament Secretariat and Supreme Court are also not required to be referred to the Commission.

 

6.              Cases relating to officers belonging to All India Services are examined in the light of the All India Services (Discipline and Appeal) Rules, 1969 and instructions issued there under.  The rules provide inter-alia for consultation with the Commission both by the State Government and by the Government of India.

 7.           Cases seeking advice of the Commission are received from various Ministries/Departments/State Governments as required under Article 320(3)(c) read with Union Public Service Commission (Exemption from Consultation) Regulations, 1958 and various instructions issued by the Department of Personnel and Training from time to time.

 8.            A statement showing the number of cases received for advice of the Commission and the number of cases disposed by tendering advice and returned for want of rectification of deficiencies, procedural as well as documentary and the cases pending at the close of the respective financial years is given in ANNEXURE.

 9.            The disciplinary cases of individual Government servants are referred by the concerned Ministries/Departments/State Governments to the Commission for their advice.  Each case is examined on the basis of evidence/exhibits on record, analyzed and finalized on merit.  The disciplinary cases received for tendering advice are entered in the existing programme on the computer.  This information is updated weekly for monitoring of the cases. 

 10.         The relevant disciplinary and appeal rules applicable in this Branch are (i) CCS(CCA) Rules, 1965, (ii) CCS(Pension)Rules, 1972, (iii) Railway Servants (D&A) Rules, 1968, (iv) Railway Services (Pension) Rules, 1993, (v) AIS(D&A) Rules, 1969, (vi) AIS(DCRB) Rules, 1958, and (vii) UPSC (Exemption from Consultation) Regulations, 1958  etc. These are public documents.

 11.       The documents relating to disciplinary cases of Government Servants sent by the Ministries/Departments/State Governments are returned to them after finalisation of the cases.  These come under third party documents as per section 11 of the RTI Act.

 12.        Individual representations or complaints etc. received directly in this regard are not entertained in the Commission.  There is thus no public interface as such.

 13.         As per the procedure laid down by Department of Personnel & Training vide OM dated 10.11.1995, if it is proposed by a Ministry not to accept the advice of the Commission, reference should be made to UPSC, along with reasons for such disagreement, for reconsideration of its advice.  If it is still proposed to vary or disagree with the advice of UPSC even on reconsideration, reference is required to be made to Department of Personnel & Training and its advice taken into consideration before final orders are passed.  In the case of officers belonging to All India Services, in the event of a difference of opinion between the State Government and the Commission, the State Governments are required to refer the matter to the Central Government for final decision.