Creation of Jabalpur Region, Madhya Pradesh Circle - redeployment of Group'B' Gazetted/Non-gazetted posts

It Is A Human Right Of Person Accused Of Sexual Harassment To Get Info To Defend Himself, Says CIC; Penalises “Penny-wise” CPIO

The Central Information Commission (CIC) has held that it is the human right of a person accused of sexual harassment in his capacity as a citizen and accused under the RTI Act and under the principles of criminal justice, to get all the related information to defend himself in a penal proceedings while imposing a penalty of Rs 25,000 on a Public Information Officer for denying the information to an officer accused of sexual harassment at workplace and recommended disciplinary enquiry be conducted against him.

CIC Madabhushi Sridhar Acharyulu also criticised the CPIO for demanding Rs. 6 for three pages supplied to the appellant by writing a letter, as the CIC said, “The RTI Rules say the CPIO can collect the copying fee at Rs 2 per page but did not authorize him to demand Rs 2 by spending more than that. This reflects at least, the harassing nature of the CPIO, which is surely a sign of malice. The problem of CPIO is the mindset and attitude. It is part of malice.”

“It is the human right of the appellant in his capacity as a citizen and accused under RTI Act and under the principles of criminal justice, to all the related information to defend himself in penal proceedings. The expression ‘human rights’ is defined in Section 2(d) of the Protection of Human Rights Act, 1993. “human rights” means the rights relating to life liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India,” said Acharyulu.

“There are, in fact, two human rights—one, right to defend himself in penal proceedings and second, right to information to prepare for that defence. These two human rights are founded on a) principles of natural justice and due process, b) principles of criminal justice, c) the provisions of SHW Act of 2013, d) the provisions of RTI Act 2005,” he added.

The CIC was hearing an appeal moved by an officer facing an inquiry on a complaint of alleged sexual harassment. He had sought information on 15 points, including copies of Statements of the named individuals obtained by the Internal Complaints Committee (ICC) during the preliminary inquiry and copies of correspondences between an official and the president of the ICC.

While the CPIO denied him the information, three documents were given to the appellant which included a copy of the order by which ICC, Mandsaur, was formed, a copy of order by which a particular member of ICC was placed on superannuation list and a copy of his retirement charge report.

The CPIO also wrote to the appellant to pay Rs. 6 for a page.

To the CIC’s surprise, the appellant was denied the other information by the CPIO citing Section 16 of the Sexual Harassment at Workplace Act, 2013 which is prohibition of publication of information to and by the media about the identity and addresses of aggrieved woman, respondent and witnesses during the conciliation and inquiry proceedings, and action taken etc.

The CIC noted that “the provision does not mean that information could be denied to respondent-accused. Hence denial of information sought by the appellant is in clear breach of all above provisions of SHW Act of 2013”.

The CPIO also invoked exemption clauses 8(1)(d) and (g) of RTI Act to deny the appellant the information, which the CIC said, should have been given as per principles of natural justice, rules of disciplinary inquiry, Act of 2013, Rules made thereunder, official handbook of the Ministry containing guidelines for prevention of Sexual Harassment. The CPIO used exemption clauses under the RTI Act also.

Section 8(1)(d) of RTI Act says; information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 8(1)(g) says: information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes.

The first appellate authority also upheld the denial of information.

The appellant moved the CIC saying as a charge-sheeted accused before ICC, the principles of natural justice demand that certified copies of all documents relating to the inquiry report, including copies of the statements of witnesses, should be given to him to facilitate him to substantiate his defence and for the conduct of the inquiry in a fair manner.

How are statement of witnesses a trade secret?

The CIC observed, “The CPIO neither explained nor justified how these clauses could be invoked in this case. He has not applied his mind at all. How the statement of witnesses and other documents relating to sexual harassment complaint could be considered as ‘trade secret’, ‘commercial confidence’ or ‘intellectual property’ of the third party or public authority? This is absolute absurdity.

“The appellant himself gave the names of the four witnesses and asked for their statements of evidence given during inquiry. This information was denied under an excuse that their physical security is threatened. These excuses are laughable and amounts to misuse of law by authority to deny the right to information of the appellant. It also reflects malafide on the part of the CPIO. If this is the way information is denied and accused is not allowed to defend, false allegations will increase and real purpose of Act of 2013 and RTI Act will be totally defeated.”

“The charge of sexual harassment is a serious allegation which if falsely made and proved by suppression of information to the accused, it can ruin the career of the accused, cause permanent and irreparable damage to the reputation and also disturb his domestic life affecting his relations with his wife and children. Society will look him down and people talk badly about him in his absence or some may even insult him openly. As per SHW Act 2013, he would be shifted, and he might even face criminal prosecution under IPC which in our country would span over a decade or more involving huge expenditure and going to courts for several rounds as an accused person. A false allegation can render his life a hell for the accused officer and if innocent, the officer might suffer serious mental torture also. It can destroy a person totally. The due process, principles of natural justice and legal provisions of the SHW Act of 2013 provide him a right to defend himself from allegation of sexual harassment, and the right to information to secure those related documents will strengthen that right”.

Referring to the Supreme Court verdict in Maneka Gandhi v. Union of India in which it was held that right to live under Article 21 is not merely a physical right but includes within its ambit the right to live with human dignity, the CIC said, “An unproven charge of sexual harassment seriously affects the dignity of a person. And not facilitating the procedural rights including right to information/documents that are being used against him will deprive him of a due opportunity to defend himself, which is the human right to free and fair trial that amount to breach of Article 21.”

The CIC also referred to various provisions of the CrPC and also the Sixth Amendment to the US Constitution which provide for an accused to be informed of the nature and causes of accusations and the right to cross-examine while being allowed to put the witness in his defence.

It also referred to another recent judgment of CIC in M Dinesh v PIO, Bureau of Immigration/Intelligence Bureau, wherein it was held that it was a human right of the accused facing inquiry to have complete information.

“By denying the information the appellant was not only harassed by the public authority, but also by the CPIO. While public authority denied him the documents which he was entitled under SHW Act of 2013, the CPIO denied them under RTI Act besides wrongfully invoking Section 8(1) (d) and (g). It is absurd to think that copy of inquiry report and statements of witnesses could be ‘trade secret’, ‘intellectual property’ or of ‘commercial confidence’,” said Acharyulu.

A pennywise CPIO

“The CPIO was penny wise when he demanded Rs 6 to give 3 pages. The CPIO might have spent at least Rs 15 to Rs 100 approximately (taking into account the time, energy, paper, typing or correcting mistakes, which is quite possible, and posting) to write a letter demanding Rs 6. If it is his personal money, no prudent man would spend Rs 100 for collecting Rs 6. Is it not wrongful spending of public money? If this CPIO is demanding money up to Rs 18, by spending Rs 20 to Rs 100 every day hypothetically, what should be the loss of exchequer per year? Even if the appellant positively responds and pays Rs 6 promptly, still the loss would be Rs 94. The RTI Rules say the CPIO can collect the copying fee at Rs 2 per page but do not authorize him to demand Rs 2 by spending more than that. This reflects at least, the harassing nature of the CPIO, which is surely a sign of malice,” said the CPIO.

Read the Order Here

GDS PAY COMMITTEE RECOMMENDATIONS: MATERNITY LEAVE FOR FEMALE GDS

GDS PAY COMMITTEE RECOMMENDATIONS: ORDERS ON EX-GRATIA GRATUITY - SEVERANCE AMOUNT & SDBS

Govt Plans to Scrap UGC – Drafts for a Higher Education Commission

In one of the biggest move towards reforming higher education in India, the central government today announced a complete overhaul of the higher education regulator, University Grants Commission (UGC).
Official sources confirmed, “the Human Resource Development (HRD) ministry has prepared a draft Act to replace the University Grants Commission with a new regulator for higher education in the country”.
Stopping short of setting up a single higher education regulator subsuming all regulatory bodies as was envisaged earlier, the Human Resource Development (HRD) ministry has decided to revamp UGC and its parent legislation completely so that the HERC focusses on setting up academic standards and ensure their implementation rather than invest its energies on grant giving.
The central government wants to bring a fresh legislation to set up the Higher Education Commission of India (HECI).
Thus, the HECI Act is expected to be piloted in Parliament in the upcoming monsoon session.
The Act will be called the Higher Education Commission of India Act, 2018 (Repeal of University Grants Commission Act).
The commission will also lay down norms for performance-based incentives for faculty and also specify norms for admission and fees.
According to the ministry of human resource development (MHRD), it is all set to upload the draft of the Act which provides for establishing the HECI repealing the UGC Act, 1956 on its website on Wednesday evening inviting feedback from the public.
Unlike UGC, HECI will not have grant functions and would focus only on academic matters. The ministry will deal with the grant functions.
The idea is to downsize the scope of regulation with “no interference in the management issues of the educational institutions,” according to a senior government official.
The Commission will, apart from the chairperson and vice-chairperson, will have 12 other members appointed by the Central Government. The members would include secretaries of higher education, the ministry of skill development and entrepreneurship and department of science and technology, chairpersons of AICTE and NCTE and two serving vice chancellors, among others.
The government source said, “Educationists, stakeholders and others can furnish their comments and suggestions by July 7, 2018, until 5 pm.”

MINUTES OF MEETING WITH REPRESENTATIVES OF SERVICE UNIONS ON PARCEL NETWORK OPTIMIZATION PROJECT (PNOP)-REG

Meeting to discuss the issue of Uniform for Postmen (Ladies & Gents) to be held at Room No.301 , Dak Bhawan, New Delhi on Friday the 6th luly 2018 at I1.00 hrs.Member (Planning)

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Immediate Relief Advance Rs.25,000 to families of Government Servants who die while in service: Finance Ministry Order

F.N.12(1)/2016-EII(A)

Government of India

Ministry of Finance

Department of Expenditure

E.II(A) Branch

North Block, New Delhi

20^th June, 2018

Office Memorandum

Sub: Grant of Advance - Amendment to Rule 80 of Compendium of Rules on Advances to Government Servants. 

The undersigned is directed to say that in pursuance of a reference received from the Department of Personnel & Training regarding the demand raised by the Staff Side in the National Council (JCM), the existing provisions of Compendium of Rules on Advances - Rule 80 - relating to Amount of Advances to the families of Government Servants who die while in Service, are retained and amended, as per attached annexure.

2. These orders will take effect from the date of issue of this Office Memorandum. The cases where the advances have already been sanctioned need not be reopened. 

3. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India. 

4. All the Ministries/Departments are requested to bring the amendments to the notice of all its attached and subordinate offices for their information. 

Hindi version of this Office Memorandum is enclosed.

(H. Atheli)

Director 

Govt Plans to Scrap UGC – Drafts for a Higher Education Commission

Govt Plans to Scrap UGC – Drafts for a Higher Education Commission In one of the biggest move towards reforming higher education in India, the central government today announced a complete overhaul of the higher education regulator, University Grants Commission (UGC). Official sources confirmed, “the Human Resource Development (HRD) ministry has prepared a draft Act to replace the University Grants Commission with a new regulator for higher education in the country”. Stopping short of setting up a single higher education regulator subsuming all regulatory bodies as was envisaged earlier, the Human Resource Development (HRD) ministry has decided to revamp UGC and its parent legislation completely so that the HERC focusses on setting up academic standards and ensure their implementation rather than invest its energies on grant giving. The central government wants to bring a fresh legislation to set up the Higher Education Commission of India (HECI). Thus, the HECI Act is expected to be piloted in Parliament in the upcoming monsoon session. The Act will be called the Higher Education Commission of India Act, 2018 (Repeal of University Grants Commission Act). The commission will also lay down norms for performance-based incentives for faculty and also specify norms for admission and fees. According to the ministry of human resource development (MHRD), it is all set to upload the draft of the Act which provides for establishing the HECI repealing the UGC Act, 1956 on its website on Wednesday evening inviting feedback from the public. Unlike UGC, HECI will not have grant functions and would focus only on academic matters. The ministry will deal with the grant functions. The idea is to downsize the scope of regulation with “no interference in the management issues of the educational institutions,” according to a senior government official. The Commission will, apart from the chairperson and vice-chairperson, will have 12 other members appointed by the Central Government. The members would include secretaries of higher education, the ministry of skill development and entrepreneurship and department of science and technology, chairpersons of AICTE and NCTE and two serving vice chancellors, among others. The government source said, “Educationists, stakeholders and others can furnish their comments and suggestions by July 7, 2018, until 5 pm.”

mPassport Seva App – apply for passport on mobile phone from anywhere in India

External affairs minister Sushma Swaraj on Tuesday launched a Passport Seva app that will allow people to apply for the vital travel document from anywhere in the country using their mobile phones. Until now, applicants had no choice but to apply for the document at passport seva kendras (PSKs) in the areas where they lived and the application could only be made on a laptop or a personal computer.

The mPassport Seva App, released on the occasion of the Sixth Passport Seva Divas, is available on both Android and iOS platforms and will have the facilities to apply, pay, and schedule appointments for passport service.
In her address on Passport Seva Diwas, the minister also announced that the government would set up a PSK in every Lok Sabha constituency in the country, a step aimed at simplifying the process for issuing passports. She said each of the 543 LS constituencies would have a PSK at the earliest, directing the MEA and postal department officials to identify places where the new facilities could come up.
As of now there are 307 PSKs across the country. She said.
The Ministry said its other new scheme allows applicants to choose the Regional Passport Office (RPO) and thus the PSK and Post Office Passport Seva Kendra (POPSK) where they wish to submit their application irrespective of whether the present residential address specified in the application form lies within the jurisdiction of the selected RPO or not.
Swaraj, however, clarified that the police verification would be done on the basis of the residential address.
“The police verification, if required for a specific passport, would be conducted at the address specified in the application form. The passport will be printed and despatched by the RPO selected for application submission by the applicant,” it said.

How to apply for a new passport on phone

Step 1 : Download the free mPassport Seva app on Android or iOS
Step 2 : Tap on New User Registration after opening the app
Step 3 : Select the Passport Office
Note – Select the Passport Office from the list as per the city in which you are residing. The new process allows citizens to apply for a new passport from anywhere in India. This means if you are hometown is in Lucknow and you stay in Chennai, you can apply for a fresh passport or re-issue in lieu of an existing passport from Chennai itself.
Step 4 : Enter personal details like name, date-of-birth, email id
Step 5 : Enter a unique login ID
Note : Think about a unique login ID and check for its availability and then add a strong password. (This process is similar to opening an email ID). You can also keep your email ID as a login ID for the app.
Step 6 : Add a security question and answer
Note – This will come handy when you forget your password.
Step 7 : Enter Captcha
Note – After the confirmation , add the text written inside the small image (Captcha code) and hit submit.
Step 8 : Check for an email from passport.admin
Note – You will then have to activate the account by checking for the email sent by the passport office and clicking on the verification link.
Step 9 : Verify account on Passport Seva website
Note – On clicking the verification link, you will be directed to a webpage and you will be asked to enter your Login ID for confirmation.
Step 10 : Close the app and relaunch it again
Note – Then go to “Existing User” and enter your Login ID followed by the password and Captcha code. After that you will be greeted with a screen saying Apply for Fresh Passport along with other option.
Step 11 : Keep documents handy and fill in the form
Note – Click on Apply for fresh passport, fill in the form and follow the steps shown on the app.
Step 12 : Make Payment
Note – You can opt for digital payment services while applying for a new passport.
Step 13 : Schedule an appointment for document verification
Note – After filling in the form, you will have to fix an appointment to visit a Passport Centre in your city for document verification.
Source : passportindia.gov.in

DOPT Order – Child Care Leave

No.13018/6/2013-Estt.(L)
Department of Personnel & Training
Estt.(Leave) Section

JNU Old Campus, New Delhi
Dated: 22.06.2018

OFFICE MEMORANDUM

Sub: Child Care Leave – reg

The undersigned is directed to say that it has now been decided that the limit of 22 years in case of disabled child for the purpose of Child Care Leave under the provisions of Rule 43-C of the CCS (Leave) Rules,1972 has been removed. It has also been decided that Child Care Leave may not be granted for a period less than five days at a time.

2. These orders shall take effect from 13.06.2018.

3. Formal amendments to the relevant provisions of Rule 43-C of Central Civil Services (Leave) Rules, 1972 have already been issued vide Notification dated 13.06.2018.

4. Hindi Version will follow.

(sunil Kumar)
Section Officer

Signed Copy

Overtime Allowance in 7th CPC to Central Govt Employees -DoPT Order

No.A-27016/03/2017-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Block-IV, Old JNU Campus,
New Delhi – 110067,
Date: 19th June, 2018.

OFFICE MEMORANDUM

Subject: Implementation of the recommendation of 7th CPC on Over Time Allowance – reg.

The undersigned is directed to say that as per Dept. of Expenditure’s Resolution No. 11-1/2016-IC dated 06.07.2017, following is the decision of Government on Overtime Allowance (OTA):
“Ministries/ Departments to prepare a list of those staff coming under the category of ’Operational Staff’. Rates of Overtime Allowance not to be revised upwards”.
2. Further it has been clarified by the Dept. of Expenditure that the Government has decided that given the rise in the pay over the years, the recommendations of the 7th CPC to discontinue OTA for categories other than Operational Staff and industrial employees who are governed by statutory provisions may be accepted.
3. Accordingly, it has been decided to implement the aforesaid decision of the Government on Overtime Allowance across all the Ministries / Departments and attached and subordinate office of the Government of India. The following definition shall be used to define Operational Staff.
“All non-ministerial non-gazetted Central Government servants directly involved in smooth operation of the office including those tasked with operation of some electrical or mechanical equipment.”
4. The concerned Administration Wing of the Ministries / Departments will prepare a list of operational Staff with full justification based on the above parameters for inclusion of a particular category of staff in the list of operational staff with the approval of IS (Admn.) and Financial Adviser of the concerned Ministry / Department.
5. The grant of OTA may be linked to biometric attendance subject to the conditions mentioned below.

a) OTA should be paid only when his/ her senior officer directs the concerned employee(s) in writing for staying back in office to attend urgent nature of work.

b) The OTA will be calculated on the basis of biometric attendance.

c) The OTA for Staff Car Drivers should be linked with biometric system as normally, the designated parking is allotted in the office building. However, in cases where the parking lot is provided far from office, the Staff Car Driver would mark his/ her attendance while leaving from his office and a grace time of not exceeding 2 hours should be allowed to cover the distance travelled after leaving office, including the time to drop the officer and then reaching the parking lot. In such cases, calculation can be done from log books, duly verified by the officer concerned.

d) The OTA to field officials should be calculated on the basis of biometric attendance, as normally, such officers are given facility of official transport to attend the field work. Such officers are supposed to report in office before proceeding to field. In cases, where officials are required to attend the field work directly from home, they may be extended facility of official transport from home in lieu of transport allowance and OTA may be given on the basis of the log book of that vehicle, duly verified by their senior officers.

6. Since, the Government has decided not to revise the rates of OTA, the rates as prescribed in this Department’s OM dated 19th March, 1991 for Office Staff, Staff Car Drivers and Operative Staff will continue to operate subject to their fulfillment of the above conditions.
7. All the existing instructions, except “to the extent superseded by this O.M., will continue to remain in force.
8. These instructions will be applicable with effect from 01 July, 2017.
9. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller & Auditor General of India.
10. Hindi version will follow.

sd/-
(Pramod Kumar Jaiswal)
Under Secretary to the Government of Indi

View the Order in Hindi

GDS PAY COMMITTEE RECOMMENDATIONS :: MATERNITY LEAVE FOR FEMALE HE'S

Date effect from : 01-07-2018

Leave period : 180 days ( less than two surviving children)

Leave period : 45 days ( miscarriage/abortion)

GDS PAY COMMITTEE RECOMMENDATIONS : ORDERS ON EX-GRATIA GRATUITY - SEVERANCE AMOUNT & SDBS

Date effect : 01-07-2018

Ex-gratia Gratuity named as 'GDS Gratuity'

Maximum of Rs.1,50,000/-

Severance Amount : 

@ Rs.4000/- from 01-01-2016

Maximum ceiling Rs.1,50,000/-

Service Discharge Benefit Scheme:

Monthly contribution @ Rs.300/- (for both sides)5

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Implementation of recommendations of One-man committee on wages and allowances of Gramin Dak Sevaks (GDSs)

IMPLEMENTATION OF RECOMMENDATIONS OF ONE-MAN COMMITTEE ON WAGES AND ALLOWANCES OF GRAMIN DAK SEVAKS (GDSS)

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Change in nomenclature of Nursing Staff in CGHS- regarding

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Meeting to discuss the issues of Uniform

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Silver Jubilee Circle Conference of NAPE Gr-C & 24 th Circle Conference of NUGDS Andhra Pradesh Circle Joint Conference at Gudiwada from 08.07.2018 to 10.07.2018: Invitation

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PROVISION OF TELEPHONE FACILITIES AND REIMBURSEMENTS TO OFFICERS OF GOVERNMENT OF INDIA (

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Dated 20.06.2018 member (o)Smt Usha Chandra Sekhar inauguration at JayanagarH O New click N book & WIFI service

Directorate Order - Clarification regarding authorization w.r.t reversal of incorrect entries after the closure of accounting period iIn CS

Directorate Order - Clarification regarding authorization w.r.t reversal of incorrect entries after the closure of accounting period iIn CS

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