CHAPTER
II
PERSONNEL
POLICIES
(f)
Conduct, Discipline & Appeal Rules
5.
DPE/Guidelines/II(f)/5
Acceptance of resignation tendered by officers against whom
disciplinary
cases are pending or contemplated.
The Committee on Public
Undertakings in
their 50th Report (7th Lok Sabha) expressed concern at the
helplessness of the Ministry and the Public Enterprises when certain
officers
against whom departmental proceedings had been initiated could not be
prosecuted
of the charges framed against them as they left the service of the
company by
invoking the contractual clause relating to three months notice, which
forms an
essential ingredient of the terms and conditions of appointment in the
public
sector enterprises. Similar cases have been brought to the notice of the
Bureau
by the Central Vigilance Commission. It is noted that under the extant
dispensation, such executives could stop coming on duty after the expiry
of the
notice period indicated in their letter of resignation.
2.
The Bureau of Public Enterprises had examined this matter for
finding
suitable safeguards to ensure that the delinquent officers do not go
Scot free
by merely resigning from posts in public undertakings, in consultation
with the
CVC, DP&AR and the Ministry of Law. It has been suggested that the
problem
could be tackled on two fronts, that is, at the induction level and the
termination level. As far as the safeguards which are required to be
taken at
the time of induction of an individual candidate are concerned, the
instructions
spelt in the BPE's Confidential D.O. letter No.2(34)/78-BPE(GM.I) dated
6th June
1979 relating to the verification of character and antecedents including
finding
out the circumstances under which the candidate has submitted his
resignation in
the previous employment are considered good enough to prevent entry of
undesirable elements in the service of an enterprise. Proper
dissemination of
information relating to the disadvantages of not-adhering to the
procedure for
having their applications routed `Through Proper Channel' as per the
BPE's OM
dt. 14.12.82 could also have a salutary effect in this
regard.
3.
As far as the termination of service is concerned, the
administrative
Ministries have been advised vide BPE's `Secret' D.O. letter dt. 19th
December,
1982, dealing with the terms and conditions of appointment of the
incumbents of
the Top posts to incorporate a clause in the said terms and conditions
of
appointment that the Government reserves the right not to accept the
resignation
of the Chief Executives and other Executives at the Board level if the
circumstances so warrant, that is, if the disciplinary proceedings are
pending
or a decision has been taken by the competent authority to issue a
charge sheet
etc. A similar provision may be incorporated in the terms and conditions
of
appointment of the Executives below the Board level. In such situation
it will
not then be open to the Executives to get
‘discharge-simplicitor’.
4.
I, therefore, request you that the issues raised in the preceding
paragraphs may be placed before the Board of Directors of the enterprise
and
appropriate decision taken regarding non-acceptance of the resignation
of the
Executives under the circumstances specified above.
5.
A line in reply about the action taken will be highly
appreciated.
(BPE DO No.
2(21)/82-BPE(GM-I) dated 19th January, 1983)
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