No. 39034/07/2012-Estt (B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi, 15th May 2012
Subject: - Departmental proceedings against Government servants - Procedure for consultation with the Union Public Service Commission (UPSC).
The undersigned is directed to make a reference to this Department’s O.M. No. 39021/4/81-Estt (B) dated 29th May, 1982 and 0M. No.39034/1/2009-Estt (B) dated 12th January, 2010 which inter-alia provide that the Disciplinary Authority should not express any opinion regarding the penalty to be imposed on the officer while forwarding a disciplinary case for consultation with the Union Public Service Commission UPSC has brought to the notice of this Department that in many cases the Disciplinary Authorities (DAs)
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 the proviso(s) to Rulel 15 (3) & 15 (4) of CCS (CCA) Rules, 1965. The consultation prescribed by the Constitutional provision is to afford proper assistance to the Government in assessing the guilt or otherwise of delinquent officer as well as the suitability of penalty to be imposed.