• Home
  • Salary Calculator
  • 7th Pay Commission News
  • DA News
  • OROP
  • DOPT Orders
  • Pension
  • PIB

Govtstaffnews

CENTRAL GOVERNMENT EMPLOYEES NEWS

  • Expected DA
  • Railways
  • Ministry of Finance
  • AICPIN
  • Press Release
  • NPS
  • CGHS
  • State Government News

Promotion of Government Servants exonerated after retirement – DOPT Instructions

November 25, 2015 By govtstaffnews.in Leave a Comment

Promotion of Government Servants declared innocent after retirement – Procedure and Guidelines to be followed

No.22011/3/2013-Estt.(D)
Department of Personnel & Training
Establishment (D)
***

Dated: 23.11.2015

Subject:- Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed – Regarding.

The Department intends to issue instructions on the subject- “Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed”. Draft instructions proposed to be issued are enclosed. Ministries/Departments are requested to offer their comments/views, if any, in this regard latest by 22nd December, 2015 at the e-mail address [email protected]

(S.K. Prasad)
Under Secretary

No.22011/3/2013-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi .
Dated: 23rd November, 2015

OFFICE MEMORANDUM

Subject:- Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.

The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 22011/4/91-Estt(A) dated 14th September, 1992 regarding procedure and guidelines to be followed by DPC in respect of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation. In case the Government servant is covered under any of the three conditions as mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the DPC are to be kept in ‘sealed cover’ and subsequent action regarding opening of sealed cover will depend on the outcome of the disciplinary/criminal proceedings.

2. If on conclusion of the disciplinary/ criminal proceedings, the Government servant is exonerated, the procedure prescribed in para 3 of the OM dated 14-9-1992 is to be followed. This provides as under:-

“On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Govt. servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior most officiating person. He may be promoted notionally with reference to the date of promotion of his junior. However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceedings/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.”

3. The applicability of above provisions in so far as it relates to cases where the Government Servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:

i. Where the promotion order pertaining to the relevant DPC has been issued and the officers empanelled have assumed charge prior to the date of superannuation of the retired Government Servant; and

ii. The retired Government Servant would have been in service and assumed charge of the post had the disciplinary proceeding not been initiated against him/her.

READ ALSO : 7th CPC recommendation for Pay Fixation on Promotion / MACP

4. It has been decided in consultation with the Department of Expenditure, Department of Pensions & Pensioners’ Welfare and the Department of Legal Affairs that notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement, to such a retired Government servant if found fit on opening of the sealed cover is to be decided by the appointing authority in terms of Para 3 of OM No.22011/4/91-Estt.(A) dated 14/9/1992.

5. A retired Government employee who is considered for notional promotion from the date of promotion of his next junior after opening of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.

6. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provisions shall not be reopened.

(G. Jayanthi)
Director(E-I)

Source: www.persmin.nic.in

  • Was this Helpful ?
  • Yes   No

Related Posts:

  • DOPT Order - Retirement of Government Servants on 31st…
  • Preventive measures for COVID-19 for PSUs and Financial…
  • Stepping up of pay of senior Assistants of CSS drawing less…
  • Retention in Govt Service beyond the age of 50 years or on…
  • Extension of tenure of officers appointed under the Central…
  • DoPT Clarification dated 28-07-2020 : Regularization of…
  • iGOT (Integrated Govt. Online Training) courses on DIKSHA on…
  • Holiday for all Central Government offices on 14th April…
  • Submission of pension claim during lock-down in respect of…
  • Limitation period for the diverse purposes under CCS (CCA)…

Filed Under: dopt order, DOPT Orders Tagged With: DOPT, government servants, Promotion of Government Servants exonerated after retirement – DOPT Instructions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

EMAIL NEWSLETTER

Reservation

What is Horizontal Reservation ?


What is Vertical Reservation ?

Latest News

DoPT Clarification dated 28-07-2020 : Regularization of absence during COVID 19 lockdown period

Grant of annual increment due on 1st July to the employees retiring on 30th June of the year

Delhi High Court Dismisses Plea against Freezing of DA and DR

Stepping up of pay of senior Assistants of CSS drawing less pay on promotion

Red Cross offering Engagement opportunities to retired Officers

More Latest News

DOPT Orders

Stepping up of pay of senior Assistants of CSS drawing less pay on promotion

Extension of tenure of officers appointed under the Central Staffing Scheme or through CSB procedure

iGOT (Integrated Govt. Online Training) courses on DIKSHA on COVID-19

Preventive measures for COVID-19 for PSUs and Financial Institutions

DOPT Order – Retirement of Government Servants on 31st March,2020

More DOPT Orders

PIB

Raksha Mantri Shri Rajnath Singh approves abolition of 9304 posts in Military Engineering Service

Special Ex-gratia Compensation Scheme for FCI Employees

1.37 Lakh EPF withdrawal claims to fight Covid-19 in less than 10 days

Income Tax to release all pending income tax refunds up to Rs 5 lakhs Immediately

‘Aadhaar’ will now be accepted as valid proof of date of birth in PF Records

More News

Ministry of Finance

No Hike in Dearness Allowance and Dearness Relief till July 2021

GPF Interest at the rate of 7.1 Percent from 1st April 2020

Submission of Form 15G and 15H for Financial Year 2020-21 – CBDT Clarification

Revision of interest rates for Small Savings Schemes – Ministry of Finance

Budget Allocation under Grant No.37 – Pensions for 2020-21

More News

CGHS

Extension of Validity of CGHS Card till 31st July 2020

CGHS Card validity extended till 30th April 2020 in view of the COVID-19

Reimbursement of OPD medicines to CS (MA) beneficiaries

Extension of Validity of CGHS Card in view of COVID-19

Validity period of empanelment of CGHS Health Care Organizations

More News

Copyright © 2017 - Central Government Employees News