SERVICES

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

2. 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).

3. 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.

4. 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 Government are required to refer the matter to the Central Government for final decision.

Statement showing number of disciplinary cases received and disposed of for the years 2002-03 to 2004-2005 may be seen at Appendix-V.