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Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017

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The Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017

THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 2nd June, 2017

G.S.R. 548(E).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely:-

1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965,-

1. in rule 14,—
(i) for sub-rule (4), the following sub-rule shall be substituted, namely :-

“(4) (a) The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charges is proposed to be sustained.

(b) On receipt of the articles of charge, the Government servant shall be required to submit his written statement of defence, if he so desires, and also state whether he desires to be heard in person, within a period of fifteen days, which may be further extended for a period not exceeding fifteen days at a time for reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf: Provided that under no circumstances, the extension of time for filing written statement of defence shall exceed forty-five days from the date of receipt of articles of charge.”;

(ii) for sub-rule (13), the following sub-rule shall be substituted, namely:—

“(13) On receipt of the requisition referred to in sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same or issue a non-availability certificate before the Inquiring Authority within one month of the receipt of such requisition: Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Inquiring Authority accordingly and the Inquiring Authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of such documents.”;

(iii) after sub-rule (23), the following sub-rule shall be inserted, namely:—

“(24) (a) The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority.

(b) Where it is not possible to adhere to the time limit specified in clause (a), the Inquiring Authority may record the reasons and seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the Inquiry, at a time.

(c) The extension for a period not exceeding six months at a time may be allowed for any good and sufficient reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf.”;

II. in rule 16,-
(i) in sub-rule (1), in clause (b), for the words, brackets and figure “sub-rules (3) to (23) of rule 14”, the words, brackets and figure “sub-rules (3) to (24) of rule 14” shall be substituted;

(ii) in sub-rule (1-A), for the words, brackets and figure “sub-rules (3) to (23) of rule 14”, the words, brackets and figure “sub-rules (3) to (24) of rule 14” shall be substituted;

III. in rule 19, in the second proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

IV. in rule 27, in sub-rule (2), in the proviso, in clause (i) after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

V. in rule 29, in sub-rule (1), in the first proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

VI. in rule 29-A, in the proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted.

[F. No. 11012/9/2016-Estt.A-111]

GYANENDRA DEV TRIPATHI, Jt. Secy.

Authority: www.dopt.gov.in

Incorrect fixation of pay in the Non-Functional Grade (GP 4200/-) in the case of Pharmacist

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Incorrect fixation of pay in the Non-Functional Grade (GP 4200/-) in the case of Pharmacist working in the Medical Department on Indian Railways
No.1/2/Part IV
Dated: 05/06/2017
The Secretary (E),
Railway Baoard,
New Delhi

Dear Sir,
Sub:
Incorrect fixation of pay in the Non-Functional Grade (GP 4200/-) in the case of Pharmacist working in the Medical Department on Indian Railways-reg.

Ref: Railway Board’s clarification vide No. PC-V/2009/ACP/2 dated 20/04/2011.

Representations are being received from the staff that the Zonal Units have been interpreting wrongly the Board’s instructions on the subject of pay fixation when the staff working as Pharmacists are placed in NFG (GP 4200/-) on completion of 2 years service in GP 2800/- i.e. in the entry grade.

In this connection, Federation cite the instructions issued by the CPO/Southern Railway vide  letter dated 15/05/2017 (copy enclosed) wherein the Divisions have been advised to the placement of
Pharmacist in NFG (GP 4200/-) as placement only and to fix their pay in the initial Pay Band plus Grade Pay (PB-2 + GP 4200/-) only. This action on the part of Southenl Railway is unjustified in view of the fact that instructions exist vide Railway Board’s letter No.PC-V/2009/ACP/2 dated 20/04/2011 to treat the placement of Pharmacist on completion of 2 years in the entry grade pay (GP 2800/-) to NFG/GP 4200/- as one financial upgradation, therefore the Pharmacists are entitled for one increment benefit on being placed in GP 4200/-.

While issuing instructions vide letter dated 15/05/2017, the CPO/Southern Railway has wrongly  relied on Board’s instructions contained in RBE 109/2010 dated inspite of Board’s  clarification vide letter dated 20/04/2011. Due to wrong decision of Southern Railway, recoveries have  started on the Divisions of Southern Railway.

NFIR. therefore, requests the Railway Board to issue immediate clarification to all Zonal  Railways etc., in general and GM/Southern Railway in particular to allow 3% increase in pay fixation of  Pharmacists when they are placed in GP 4200/-, having completed 2 years service in GP 2800 (PB I).  A copy of the instructions issued may be to the endorsed to the Federation.

 Yours faithfully,
sd/-
(Dr. M. Raghavaiah)
General Secretary

Source: NFIR

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