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View Full Version : If Rules of 6th cpc are violated by Model employer/DOPT/CSS officials, Remedy?



krishnan09
15-06-2011, 10:06 PM
If Violations of CCS(Conduct)Rules, 1964 and CCS(CCA)Rules, 1965 are done by DOPT/CSS, What is the remedy?


Now time has come to think what is the remedy if rules are violated by DOPT and CSS Officials. For example:

• Sub Rule (1) (iii) of Rule 3(General) of CCS (Conduct)Rules, 1964 says “do nothing is unbecoming of a government servant”.


• Rule (b) of Rule 3(A) says that no Government servant shall in his official dealings with the public or otherwise adopt dilatory tactics of willfully cause delays in disposal of the work assigned to him.


• Rule 11 of the CCS (CCA) Rules, 1965 says disciplinary proceedings could be initiated if an officer adopts a dilatory attitude, leading to delay in decisions making and/or harassment of the public.


The 6th cpc recommendations were accepted by government of India, Ministry of Finance and the same was published in the Gazettee of India as CCS(R.P)Rules, 2008 vide notifcation dated 29th August, 2008 which can only be amended through another notification in the Gazette.


The CCS(R.P)Rules, 2008 page 44 Part B Section I, the government of India revised the common scales including merging of certain scales upto the level of assistants in the field offices and in the Central Secretriat equally. From the posts of Section Officers and above were also separately given for Central Secretariat and field offices quoting the pre-revised and revised scales. But these orders of the Ministry of Finance and Gazettee notifications are not followed by most of the Ministries for implementation for their field officces. Though there was a provision of constituting Departmental Anomaly Committees for each and every departments/organisations and also another one at the National level, most of the departmental heads did not constitute departmental anomaly committees at all till today and the tenure of the National Committee was also over without sorting out the genuine anomalies. In the meantime, dialatory tactics are followed by the CCS /DOPT officials and some of the Central Secretariat officials were got refixed in the higher pre-revised scales and these fixations are denied to the officials in the field offices who were holding the same pre-revised scale as on 1.1.2006. Similarly some of the field offices like CAG, CBDT and Income Tax etc are also followed at par with CSS and stepped up their pay. Inspite of many representations , the administrative Ministries of the field offices in the Central Secretariat are not implementing the following for its field office employees.


• F.R is not uniformly followed for pay fixation for the employees of the central Secretariat and field offices . There is only one FR through out India.


• The instructions of the DOPT with regard to holding of DPC for timely promotions and model RR for fixing period of service for promotion are not followed.


• In certain cases, though the DOPT liberalised the promotion policies reducing the period of services depending upon the grade pay and as part of delayering of actual delivery of work, some of the administrative ministries are done quite opposite to DOPT OM and enhanced the period for promotion than the existing and suggested by DOPT in violation of existing rules in order to harrass the employees in the field, whereas there are many occasions that number of posts were created and even adhoc promotions are being effected for CSS which are not given to field offices.


• The RR is revised independently without considering the grievances of the employees of particular cadres or even without consultation with staff side.


• There are many unfilled posts in the field offices and the existing employees are overburdened with work and not giving timely promotions, but giving MACP though the DOPT categorically said that the MACP is a fall back option.


• The inaction of the administrative Ministry is the reason for non-filling up of vacant post in the field offices in time. Now some of the ministries are of the opnion that those posts are to be revived and hence promotions are delayed, whereas in CSS, even if there is no vacant posts, hundreds of posts are created newly in order to give promotions .


In view of the above whether the DOPT/CSS officials comes under the purview of the rules quoted above , if so what is the remedy when violated by doing nothing for the last 4 years and adopting dialatory attitude for decision making , delaying and implementing.