THE delay on the part of departments seeking consultations with Union Public Service Commission (UPSC) have left errant officers escape punishments. An office memorandum issued by DoPT on May 15, 2012 reminded departments how CAT and courts had struck down entire disciplinary proceedings against officers simply on the “ground of delay”.
Whereas departments and ministries need to consult with the UPSC before pronouncing proceedings against officers, the practice is not
being followed according to rules. At times, disciplinary authority expresses its opinions regarding the proposed penalty even when the file is sent to UPSC for consultation. “UPSC has brought to the notice of this Department (DoPT) that in many cases the disciplinary authorities while referring the disciplinary case to the Commission for advice proposed the quantum of penalty. Such recommendation by disciplinary authorities at this stage recommending a penalty by disciplinary authority is not in keeping with rules,” the OM said. It further said: “It is reiterated to all ministries and departments that they should ensure that the instructions in the above OM dated 29th May, 1982 and 12th January,
2010 are followed by the disciplinary authorities while referring the disciplinary cases to the UPSC for advice and they adhere strictly to provisions”.
Action and Appointments
a) Utkaarsh R Tiwaari, a 1995 batch Indian Revenue Service (Customs and Excise) officer, has been appointed as director in department of personnel and training (DoPT).b) Narendra Bhooshan, a 1992 batch UP cadre IAS, has been appointed as joint secretary in department of agriculture and cooperation.
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