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Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending – clarification Orders

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Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending – clarification regarding.

F.No.11012/6/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi
Dated: 19th January, 2017

OFFICE MEMORANDUM

Subject: Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending – clarification regarding.

The undersigned is directed to refer to this Department’s O.M. No. 22011/4/91-Estt.A dated 14.09.1992 issued in the light of the Judgement dated 27.08.1991 of the Hon’ble Supreme Court in the case of Union of India v/ s K.V. Jankiraman etc. (AIR 1991 SC 2010). References have been received seeking clarification with regard to the course of action in cases where the Government servant is acquitted by trial court but an appeal against the judgment is either contemplated or has been filed. This issue has been examined in the light of various court judgements including Bank of India and another vs. Degala Suryanarayana, Appeal (Civil) 3053-54 of 1997, (1999) 5 SCC 762 in consultation with Department of Legal Affairs and it is clarified as following:

i. Where the recommendation of DPC has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the Government servant provided it has not been stayed by a superior court.

ii. In the order of promotion a mention may however be made that the promotion is provisional subject to the outcome of appeal that may be filed against, the acquittal of the Government servant. The promotion thus will be without prejudice to the action that may be taken if the judgement of the trial court acquitting the Government servant is set-aside.

iii. In case on appeal the Government servant stands convicted, following action will be taken:

a. The provisional promotion shall be deemed non est, and the Government servant shall stand reverted;

b. In case of the Government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be  under suspension in terms of rule 10(2)(b) from the date of conviction;

c. Action under rule 19 (i) of the CCS(CCA) Rules, 1965, read with OM No. 11012/11/85-Estt (A) dated the 11th November, 1985 and 4th April, 1986 shall be taken.

2. All Ministries/ Departments are requested to bring the aforesaid instructions to the notice of all concerned and take action accordingly.

3. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)
Tele: 2309 3176


Authority: http://dopt.gov.in/

PM’s Awards for Excellence in Public Administration

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PM’s Awards for Excellence in Public Administration to be given on Civil Services Day 

Awards to be given in two categories: Excellence in implementation of Priority Programmes and Innovation in Public Governance 

Five priority programmes identified under excellence in implementation 

The ‘Prime Minister’s Awards for Excellence in Public Administration’ are instituted to acknowledge, recognize and reward extraordinary and innovative work done by Districts/Organizations of the Central and State Governments. The awards will be presented on Civil Services Day 2017 (21st April, 2017) to be organised by Department of Administrative Reforms and Public Grievances (DARPG), Ministry of Personnel, Public Grievances and Pensions. There shall be a maximum of 15 awards under the Priority Programme category and 2 awards under the Innovation category.

For the Prime Minister’s Awards 2017 (‘PM Awards’), an innovative and competitive methodology has been adopted for wider participation. Districts across the country and Central and State Government Organisations were motivated to compete under the scheme. The registration was enabled through an online web portal created by Department of Administrative Reforms and Public Grievances (DARPG). Applications were received from 1st January 2017 to 25th January 2017 through the online portal. There has been an overwhelming participation of Districts and State and Central Government organisations. 1,515 applications have been received from about 600 districts across States/ UTs under the Priority Programmes category. 830 applications have been received from organizations of Central/ State Government/District under the Innovation category. The applications received will be evaluated on a holistic basis by high level committees at three levels. Shortlisted candidates shall make presentations and citizen feedback will also be obtained through a call center. Spot studies will be conducted to verify implementation of the programme/ initiative.

Following priority programmes have been identified for awards under the scheme.

1. Pradhan Mantri Krishi Sinchayee Yojana (PMKSY)

2. Pradhan Mantri Fasal Bima Yojana (PMFBY)

3. Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY)

4. e – National Agriculture Market (e-NAM)

5. Standup India/ Startup India

In addition to the awards in Priority Programmes, awards shall be given to organizations of Central/State Government/District for innovations in Environment Conservation, Disaster Management, Water Conservation, Energy, Education and Health, Women and Child Centric Initiatives etc.

Last year, the Prime Minister, Shri Narendra Modi conferred awards for excellence in implementation of priority programmes on the occasion of 10th Civil Services Day on 21st April, 2016.  For the priority programme Pradhan Mantri Jan Dhan Yojana (PMJSY), Nagaon, Assam was awarded in North East and Hill States category, Chandigarh in UTs and North 24 Parganas, West Bengal in Other States group. Under Swachh Bharat Mission (Gramin), West Sikkim and Bikaner, Rajasthan were awarded in North East & Hill states and Other States category respectively. Under Swachh Vidyalaya  programme, Anantnag, Jammu and Kashmir, Dadra and Nagar Haveli and Ananthapuramu, Andhra Pradesh were awarded in North East & Hill states, UTs and Other States group respectively. In the implementation of Soil Health Card Scheme, Hamirpur, Himachal Pradesh and Balrampur, Chhattisgarh were conferred award in North East and Hill states and Other States respectively.

Source: PIB News


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