Coronavirus (COVID-19): Government Orders, Guidelines and Helplines
Dearness Allowance Hiked for Central Government Employees! Modi Cabinet approves 4% DA increase
Submission of Medical Examination Report of Group ‘A’ Officers extended up to 30.06.2020
Coronavirus: DoPT order exempts employees from using the Aadhaar Enabled Biometric Attendance System machine till March 31, 2020
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Coronavirus: Government Orders, Guidelines and Helplines
- DoPT Letter dated 27.03.2020 – Extension in timelines for generation of PAR and submission of self-appraisal in respect of AIS Officers for the PAR year 2019-20 >>> AIS – Rules/Circulars
- DoPT O.M. dated 27.03.2020-Extension of timelines for submission of APAR (Annual Performance Assessment Report) in respect of Group ‘A’ officers of Central Civil Services for the year 2019-20 >>> APR/APAR -Instructions
(Ministry of Health & Family Welfare)
(Dated 25th March 2020)
MHA Orders/Guidelines for Containment of COVID-19 during the Lockdown Period (21 days)
- Consolidated Guidelines on the measures for containment of COVIC-19 Epidemic in the country, as notified by MHA on 24.03.2020 and modified on 25.03.2020 & 27.03.2020 (As on MHA website-29.03.20)
- MHA Order dated 27.03.2020-Second Addendum to the Guidelines on the measures for containment of COVID-18, issued on 24.03.2020
- MHA Order dated 25.03.2020-Addendum to the Guidelines on the measures for containment of COVID-18, issued on 24.03.2020
- MHA Order dated 24.03.2020 for issuance of Guidelines on the measures for containment of COVID-18 in the country, for 21 days
- Guidelines on the measures for containment of COVID-18 in the country (Annexure to MHA Order dated 24.03.2020)
Copies of the Orders/Guidelines may be seen at Conduct Rules
Preventive Measures to contain the spread of COVID-19
- DoPT O.M. dated 27.03.2020 – Preventive measures to contain the spread of COVID-19 (Exemption of PWDs from attending essential services)
- DoPT D.O. Letter dated 26.03.2020 – Guidelines for Workplace of COVID-19 case
- DoPT O.M. dated 25.03.2020 – Preventive measures to contain the spread of COVID-19 (in modification of OM dated 22.03.2020)
- DoPT O.M. dated 22.03.2020 – Preventive measures to contain the spread of COVID-19 (in supersession of OMs dated 19 & 20.03.2020)
- DoPT O.M. dated 20.03.2020 – Preventive measures to achieve ‘social distancing’ to contain the spread of COVID-19 (Work from Home for Consultants)
- DoPT O.M. dated 20.03.2020-Preventive measures to achieve ‘social distancing’ to contain the spread of COVID-19-Relaxation in CCS (Leave) Rules, 1972
- DoPT O.M. dated 19.03.2020 – Preventive measures to contain the spread of Novel Coronavirus (COVID-19) (for Training Institutions)
- DoPT O.M. dated 19.03.2020 – Preventive measures to contain the spread of Novel COVID-19 * DoPT D.O. Letter dated 19.03.2020 – Preventive Measures related to COVID-19 (to Chief Secretaries/Administrators of States/UTs)
- DoPT O.M. dated 16/17.03.2020 – Preventive measures to be taken to contain the spread of Novel Coronavirus (COVID-19) – regarding
>>> Conduct Rules
- Railway Board Circular dated 28.03.2020 – Railway Health Facility available to all Central Government employees
- CGHS O.M. dated 27.03.2020 – Reimbursement of OPD Medicines – Special Sanction in view of COVID-19
- MoHFW Notification dated 26.03.2020 – Doorstep Supply of Medicines to Consumers
- CGHS O.O. dated 20.03.2020 – Guidelines in view of the Coronavirus (COVID-19) Infection – Issue of medicines (Exemptions from personal visit)
- CGHS O.O. dated 18.03.2020 – Guidelines in view of the Coronavirus (COVID-19) Infection
>>> CGHS Orders/Circulars
ACR/APAR (Central Civil Services)
- DoPT O.M. dated 30.03.2020-Extension of timelines for recording of APAR of Group ‘A’, ‘B’ and ‘C’ officers of Central Civil Services for the year 2019-20 (upto specified dates)
- DoPT O.M. dated 27.03.2020-Extension of timelines for submission of APAR in respect of Group ‘A’ officers of Central Civil Services for the year 2019-20
>>> APR/APAR -Instructions
Relaxation in the Leave Rules
- DoPT O.M. dated 20.03.2020-Preventive measures to achieve ‘social distancing’ to contain the spread of COVID-19-Relaxation in CCS (Leave) Rules, 1972 >>> Leave Rules
Central Public Sector Enterprises (CPSEs)
- DPE O.M. dated 23.03.2020-Welfare measures for workers of CPSEs during outbreak of COVID-19-Instructions of Min. of Labour & Employment
- DPE O.M. dated 22.03.2020 – Preventive measure to be taken to contain the spread of COVID-19 by the Central Public Sector Enterprises (CPSEs)
- DPE O.M. dated 19.03.2020 – Preventive measure to be taken to contain the spread of COVID-19 by the Central Public Sector Enterprises (CPSEs)
>>> CPSEs – Service Rules/Order-Pt.-I
- DPE O.M. dated 23.03.2020-Welfare measures for workers of CPSEs during outbreak of COVID-19-Instructions of Min. of Labour & Employment
- MoF O.M. dated 23.03.2020-Payment of wages to outsourced persons of Ministries/Departments & other organisations during lockdown period due to COVID 19
- ECHS Letter dated 20.03.2020-Advisory of Preventive Measures to be adopted against COVID-19 for dental treatment at ECHS Polyclinics
- ECHS Letter dated 20.03.2020 – Coronavirus (COVID-19) – Advisory * MoD Letter dated 17.03.2020 – Emergency preparedness and response – COVID-19 (Advisory on Community Response to COVID-19)
>>> ECHS – Orders/Circulars
- All India Services (AIS)
DoPT Letter dated 11.03.2020-Extension of timelines for submission of summary of the Medical Report in respect of AIS Officers for the PAR period 2019-2020(up to 30.06.2020) >>> AIS – Rules/Circulars
- Central Civil Services
DoPT O.M. dated 09.03.2020-Extension of timelines for submission of summary of Medical Report in respect of Group ‘A’ officers of Central Civil Services for 2019-2020(up to 30.06.20) >>> CCS – Orders/Instructions
- The Lokpal (Complaint) Rules, 2020 (incl. complaint form) (DoPT Notification dated 02.03.2020) >>> Acts/Rules
- Central Secretariat Manual of Office Procedure (CSMOP, 2019) (As on DARPG website-24.01.2020) * Good Governance Index – Assessment of State Governance (As on DARPG website-24.01.2020) * >>> Other Govt. Orders
- >>> AIS – Rules/Circulars
March 13, 2020
Dearness Allowance Hiked for Central Government Employees! The Union Cabinet led by Prime Minister Narendra Modi today approved the proposal to increase the Dearness Allowance for Central Government Employees by 4 per cent.
Dearness Allowance Hiked for Central Government Employees: Good news for Central Government Employees! The Union Cabinet led by Prime Minister Narendra Modi today approved the proposal to increase the Dearness Allowance for Central Government Employees by 4 per cent in accordance with the accepted formula based on the 7th Pay Commission recommendations. Dearness Relief for Pensioners has also been increased by 4%. The increase in DA and DR for Central Government Employees and Pensions respectively will come into effect from January 1, 2020. Read more …
Submission of Annual Medical Examination Report of Group ‘A’ Officers extended up to 30.06.2020
Dtf.in : March 11, 2020
CENTRAL CIVIL SERVICES OFFICERS
The scheme of Annual Medical Examination for the Group ‘A’ officers of Central Civil Services of age 40 years and above was introduced by the Department of Personnel & Training vide its O.M. No.21011/1/2009-Estt.(A)-Part dated 01.02.2012. As per the said O.M., the officer concerned is required to attach a summary of the Medical Report with his/her APAR.
In view of the situation arising out of the spread of Novel Coronavirus (COVID-19), it has been decided by that Department to extend the last date for submission of the summary of Medical Report by Group ‘A’ officers of Central Civil Services for the year 2019-2020, up to 30th June 2020. However, the timelines for recording and completion of APAR for the year 2019-2020, as laid down in that Department’s OM No.21011/01/2005-Estt(A)(Pt.ll) dated 23rd July 2009, remain unchanged.
See copy of the DoPT O.M. dated 09.03.2020 at DoPT O.M. dated 09.03.2020-Extension of timelines for submission of summary of Medical Report in respect of Group ‘A’ officers of Central Civil Services for 2019-2020 or at CCS – Orders/Instructions.
ALL INDIA SERVICES (AIS) OFFICERS
The last date for submission of the summary of Medical Report by All India Services (AIS) Group ‘A’ officers for the year 2019-2020 has also been extended up to 30th June 2020 vide DoPT O.M. dated 11.03.2020. See copy of the DoPT O.M. dated 11.03.2020 at DoPT Letter dated 11.03.2020-Extension of timelines for submission of summary of the Medical Report in respect of AIS Officers for the PAR period 2019-2020(up to 30.06.2020) or at AIS – Rules/Circulars.
Coronavirus: DoPT order exempts employees from using the Aadhaar Enabled Biometric Attendance System machine till March 31, 2020
March 06, 2020
A copy of the DoPT O.M. dated 06.03.2020 exempting the employees to mark biometric attendance in Aadhaar Based Biometric Attendance System (AEBAS), may be seen at the page, Conduct Rules.
You may like to click on any of the following links:-
* Latest DOPT / CVC / RTI / MOF / CGHS / DPE Orders/Circulars
* Conduct Rules
* CCA/Discipline Rules
* Latest DOPT/CVC/RTI/MOF/CGHS/DPE Orders/Circulars
* Reservation for SCs/STs/OBCs
* Vigilance Clearance
* Right to Information (RTI) – Rules/Orders/Circulars
* Decisions of Central Information Commission – Section-Wise
* CGHS Circulars/Empanelled Hospitals/Package Rates
Simultaneous Disciplinary Action Against Employee For Conviction In Criminal Case Not Barred Due To Suspension Of Sentence: SC
March 03, 2020 : Dtf.in
Hon’ble Supreme Court, in its Judgment dated 25.02.2020 in the case of Life Insurance Corporation of India v. Mukesh Poonamchand Shah, has held as under:-
SC: “16. …In the present case, following the conviction of the respondent by the Special Judge CBI, the appellant was acting within jurisdiction in issuing a notice to show cause under Regulation 39(4) of the 1960 Regulations. The learned single judge was correct in dismissing the special civil application filed by the respondent challenging the notice to show cause issued by the appellant. The judgment of the Division Bench restraining the appellant from taking a final decision on the show cause notice pending the disposal of the criminal appeal has no valid basis in law.” [Simultaneous Proceedings; Conviction; Suspension of Sentence]See copy of Judgment >>> Court Judgements On Service Matters
March 03, 2020
Govt Should Bring in Ordinance to ‘Rectify’ SC Order on Reservation in Jobs, Says Union Minister Paswan
The Union Minister said that about 70 Dalit and tribal MPs, including Union ministers, had met earlier this week at his residence and have put forward two main demands before the government.
February 14, 2020
New Delhi: The government should bring an ordinance to “rectify” the Supreme Court’s recent decision on reservation in jobs for SC/ST communities and all such issues should be included in the Ninth Schedule of the Constitution to insulate them from judicial review, Union minister Ram Vilas Paswan said on Friday.
He said the government was also mulling filing a review against the Supreme Court decision and was taking legal opinion on it. …
No Fundamental Right to Reservation: Supreme Court
Dtf.in : 09.02.2020
New Delhi. It has, inter alia, been held by Hon’ble Supreme Court in the case of Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors. as under:-
“16. … … In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations. It is abundantly clear from the judgments of this Court in Indra Sawhney, Ajit Singh (II), M. Nagaraj and Jarnail Singh (supra) that Article 16 (4) and 16 (4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a sine qua non for providing reservations in promotions. The data to be collected by the State Government is only to justify reservation to be made in the matter of appointment or promotion to public posts, according to Article 16 (4) and 16 (4-A) of the Constitution. As such, collection of data regarding the inadequate representation of members of the Scheduled Castes and Schedules Tribes, as noted above, is a pre requisite for providing reservations, and is not required when the State Government decided not to provide reservations. Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the underrepresentation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation in light of the law laid down by this Court in C.A. Rajendran (supra) and Suresh Chand Gautam (supra). Therefore, the direction given by the High Court that the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in Government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion is contrary to the law laid down by this Court and is accordingly set aside. … …” – SC Judgment dated 07.02.2020 – Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors.
See more judgments at Court Judgements On Service Matters.
Justice J Nisha Banu passed the order on the petition filed by the nurse T Blessie by observing that the inquiry was not conducted in a proper manner and was ‘discriminative’ in nature.
03rd February 2020
MADURAI: The Madurai Bench of the Madras High Court ordered the State government to reinstate a temporary staff nurse who was terminated from service on charges of ‘dereliction of duty’ while assisting a delivery which allegedly resulted in the patient’s death at a government PHC in Tirunelveli in 2009. …
No classified files should be in e-office format: Govt manual (Central Sectt. Manual of Office Procedure)
The latest central govt manual says that no classified files should be in e-office format. It also firms up the clauses to ensure confidentiality of official communication, even as it opens up VPN based access to e-files to deputy secretaries of the government of India. …..
Central Secretariat Manual of Office Procedure (CSMOP, 2019) (As on DARPG website-24.01.2020) * Good Governance Index – Assessment of State Governance (As on DARPG website-24.01.2020) * >>> Other Govt. Orders
January 16, 2020
Justice Ajay Mohan Goel of Himachal Pradesh High Court pronounced a judgment stating that an employee whose order for transfer has been placed by the state cannot be made to wait in perpetuity for his joining in the new place of posting.
The Petitioner was ordered to be transferred from IPH Division Pooh to IPH Division Nalagarh against a vacancy. Although, the transfer order was obtained, the Petitioner was not being relieved from his present place of posting on the ground that till his reliever joins in his place, he cannot be relieved. The Counsel appearing for Petitioner argued that the state is being arbitrary by chalking out the choice even when the transfer is already allowed. … …
Times of India
Jan 11, 2020
AGARTALA: Dismissing an inquiry against a retired employee of the state fisheries department, the chief justice of Tripura high court on Friday said that government employees can take part in political programmes, including meetings, and freely post their opinions on social media platforms, without attracting punitive measures under Rule 5 of the All India Services (Conduct) Rules. …..
January 7, 2020
New Delhi: The central government has submitted in the Supreme Court that it cannot compel states to give reservation benefits to economically weaker sections (EWS) in jobs and education there.
In its affidavit, the Centre maintained that it is completely up to the state governments to dole out quota benefits for EWS in terms of the recent constitutional amendments. …
January 04, 2020
NEW DELHI: State government and local bodies’ staff tasked with aiding the Census Commissioner and Registrar General of Citizen Registration, in conduct of Census and NPR exercise respectively are bound by the Census of India Act and Citizenship Rules to serve accordingly, government sources said on Friday. …
December 6, 2019
In a major ruling, the Supreme Court held Friday that the preliminary inquiry is not mandatory in all corruption cases and a formal or informal information disclosing a cognizable offence will be sufficient to initiate prosecution.
The type of preliminary inquiry, if necessary, will depend on the facts and circumstances of each case, it said. …
Dec 06, 2019
NEW DELHI: The Supreme Court on Thursday said there is no need to seek sanction before prosecuting a retired government employee in a corruption case, holding that such protection is available to a public servant only during his service. …
December 4, 2019
New Delhi, Dec 04: There will no more be SSC, RRB, IBPS Exams for Group B, Group C jobs. More details are available on the official website. The government has proposed a CET to shortlist candidates for vacancies in Group ‘B’ Non-Gazetted posts, certain Group ‘B’ Gazetted posts, Group ‘C’ posts in the Government and equivalent posts in Government bodies. …
November 24, 2019
Few would dispute that the IAS, once referred to glowingly as the steel frame of the nation, has lost much of its sheen. Reports by some 50 commissions and committees on administrative reform have not stemmed the decline. Our planners would be well advised to make compulsory reading, for all concerned, Naresh Chandra Saxena’s candid, thoughtful and balanced book, What Ails the IAS and Why it Fails to Deliver, which offers much insight. …
Nov 21, 2019
Several associations of doctors, hospitals and nursing homes have cited low rates and delayed payments, and threatened to stop the cashless treatment of millions of beneficiaries under the central government’s medical care schemes for its employees, pensioners and their families unless timely reimbursements are made. …
PMO issues strict guidelines for weeding out corrupt bureaucrats; over 1,000 disciplinary records being scrutinised
Nov 12, 2019
New Delhi: After reviewing ongoing action against corrupt bureaucrats, the Prime Minister Office (PMO) has decided that Central government departments must examine and submit a list of deadwood and dishonest officers every few months to increase trust and transparency in the system. Earlier, the government had set in motion a procedure for a quarterly review of officers with dubious integrity. …
November 08, 2019
More than 22,000 employees of Bharat Sanchar Nigam Ltd (BSNL) have opted for its VRS plan, within two days of the state-owned corporation announcing the scheme, a senior official said on November 7.
In all, nearly one lakh BSNL employees are eligible for the VRS out of its total staff strength of 1.50 lakh. The scheme that was rolled out on November 5 will be open till December 3. …
November 07, 2019
BSNL rolls out VRS scheme; expects 70,000-80,000 employees to avail it NEW DELHI: Within days of government approving a relief package for the ailing corporation, state-owned BSNL has rolled out a voluntary retirement scheme for its employees, and said it expects 70,000-80,000 personnel to opt for it leading to savings of about Rs 7,000 crore in wage bill. …
September 23, 2019
Central Government Employee Pension rules: The Union government has amended Rule 54 of Central Civil Service (Pension) Rules, 1972
Central Government Employee Pension rules: The Union government has amended Rule 54 of Central Civil Service (Pension) Rules, 1972. In case of death of a Government servant while in service, the family is entitled to a family pension as per Rule 54 of the Central Civil Services (Pension) Rules, 1972. Earlier, the family pension was payable at enhanced rate of 50 per cent of the pay last drawn for 10 years, if the Government servant had rendered a continuous service of not less than seven years; thereafter the rate of family pension was 30 per cent of the pay last drawn. …
Departmental Proceeding under the Payment of Gratuity Act
Aug 09, 2019 : Dtf.in
Departmental proceedings under the Payment of Gratuity Act can be initiated against an employee even after his retirement: Delhi High Court
8 Aug 2019
NEW DELHI: Ending a provision allowing army personnel to be prosecuted for adultery, the Supreme Court quashed general court martial (GCM) proceedings against a serving Colonel in the light of its September 2018 judgment that extinguished adultery as an offence under the Indian Penal Code. …
August 2, 2019
Nearly a week after Punjab and Haryana High Court Bar Association lawyers began an indefinite strike to protest the Khattar government’s decision of establishing Haryana Administrative Tribunal (HAT) for adjudication of service matters of its employees, the High Court Friday ordered that the notification to set up the Tribunal remains suspended. …
July 05, 2019
New Delhi: Can a woman, accused of abetting her public servant husband to indulge in corruption, be prosecuted after the man dies and the trial court closes the case against him?
The Supreme Court on Thursday agreed to examine this unique legal question raised in the woman’s petition. …
July 04, 2019
A reserved category candidate, who has availed age relaxation in a selection process, cannot seek accommodation in or migration to general category seat at a later stage, the Supreme Court on Thursday held. The top court said that Article 16(4) of the Constitution empowers a state to give reservation in appointments to any backward class of citizens, which in its opinion, is not adequately represented in the service there. …
More: SC: Reserved category candidate can’t migrate to general seat after availing age relaxation. >>> SC Judgement dated 04.07.2019 – Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission and Ors.
8 Jun 2019
The Supreme Court has held that a writ petition challenging the termination of services of a teacher is maintainable against a private unaided educational institution. …
May 28, 2019
New Delhi: All central government departments have been asked to make public the details of compassionate appointments under consideration on their website, a senior official said Tuesday.
The move comes following an order by the Central Information Commission (CIC) in this regard. …
14 May 2019
The Karnataka High Court has quashed an order of the Bengaluru Development Authority whereby appointment on compassionate ground was rejected on account of the applicant being born out of the second marriage of its deceased employee. …
14 April 2019
The Madras High Court has observed that the employees of Reserve Bank of India cannot be called as Government employees.
“Are you a Government employee?” was one of the queries in the questionnaire published by the Tamil Nadu Public Service Commission in its application form for Combined Civil Services-I Examination. E.Manoj Kumar, who is a Reserve Bank employee, answered it in the negative. The commission withheld his result on the ground of suppression of material particulars in the application form regarding the employment in Reserve Bank of India. …
Apr 3, 2019
BSNL Board: Yes, We Are Ok With Firing Of 54,000 Employees
Reeling under debts of more than Rs 13,000 crore, state-owned telecom provider BSNL is on shaky ground. Last year, BSNL suffered losses of Rs 7993 crore, which is 20% more than 2017 losses.
A special task force was constituted, which recommended several suggestions to the Govt., in order to revive the ailing company. …
The Rajasthan High Court gave this ruling recently on a writ petition filed by two police officers, a man and a woman, who were charged by the state government in 1999 for having illicit relations.
March 17, 2019
JAIPUR: The Rajasthan High Court has ruled that the state government cannot begin departmental proceedings against any government employee for being involved in an extramarital relationship.
The court gave this ruling recently on a writ petition filed by two police officers, a man and a woman, who were charged by the state government in 1999 for having illicit relations. …
Now, beneficiaries can submit feedback on the CGHS services through Mobile App
Aug 31, 2018 : Dtf.in
CGHS vide its Circular dated 21.08.2018 has launched a Mobile App to enable its beneficiaries to submit their feedback on the services. Initially, this service will be available to the beneficiaries of Wellness Centres (WCs) of Delhi only. This mobile App named ‘CGHS Service Feedback‘ can be downloaded by a CGHS beneficiary from Google Play Store on his mobile.
CGHS beneficiaries can submit their feedback on the following CGHS services:-
1. Registration of beneficiary
2. Consultation with Medical Officer
3, Dispensing of Medicines
4. Dressing Room services
5, Cleanliness of Wellness Centre
6. Punctuality of Staff
7. Behaviour of Staff
A beneficiary can provide the rating on a scale of 1 to 5 and also enter remarks on Ratings less than or equal to 3. The feedback will be monitored by CGHS officials to improve CGHS services only and it is not intended to be a ‘grievance redressal mechanism’.
CMOs In-charge have been requested by CGHS to –
- Download the Quick Response Code through a link in In-Charge Module named ‘Feedback QR Code’, take a print out of the same and display it in the WC for the use of the beneficiaries.
- They may also ensure prominently displaying of the Notice (enclosed with the Circular dated 21.08.2018) for the benefit of beneficiaries who intend to use the Application (App) and
- Peruse the reports on the feedback available through a link named ‘QR Feedback report‘ in CMO In charge Module.
Steps for using the Application by the beneficiaries are given in the Notice (enclosed with the Circular dated 21.08.2018), as under:-
- Download the Application (App) named ‘CGHS Service Feedback‘ on your mobile from Google Play Store.
- First time user should register using the icon with + sign given on the top right of login screen.
- Enter your name and email ID.
- Tap on the text ‘Verify’ to confirm your E-mail ID.
- Enter your desired password.
- Enter Pass code and the Application (App) is ready to use..
See a copy of CGHS Circular dated 21.08.2018 at: https://dtf.in/download/12123/ >>> https://dtf.in/cghs-circulars-orders/
GRATUITY: Forfeiture of Gratuity under Payment of Gratuity Act not automatic on dismissal from service; no forfeiture of gratuity for ‘acts involving moral turpitude’, if not convicted by court of law: SC
Aug 21, 2018 : Dtf.in
The Supreme Court has held that dismissal from service does not automatically result in forfeiture of gratuity under the Payment of Gratuity Act, 1972 (Act) and it is subject to Sections 4(5) and 4(6) of the Act. It has been held that the Act must prevail over the Rules on Payment of Gratuity framed by the employer is also a settled position as per Jaswant Singh Gill (supra). Therefore, the appellant could take recourse to its own Rules, ignoring the Act, for denying gratuity.
It has been further held by the Supreme Court that the requirement of the statute is not the proof of misconduct of acts involving moral turpitude but the acts should constitute an offence involving moral turpitude and such offence should be duly established in a court of law.
The relevant extracts from the SC Judgment dated 14.08.2018 are as under:-
“20. In the present case, there is no conviction of the respondent for the misconduct which according to the Bank is an offence involving moral turpitude. Hence, there is no justification for the forfeiture of gratuity on the ground stated in the order dated 20.04.2004 that the “misconduct proved against you amounts to acts involving moral turpitude”. At the risk of redundancy, we may state that the requirement of the statute is not the proof of misconduct of acts involving moral turpitude but the acts should constitute an offence involving moral turpitude and such offence should be duly established in a court of law.
21. That the Act must prevail over the Rules on Payment of Gratuity framed by the employer is also a settled position as per Jaswant Singh Gill (supra). Therefore, the appellant cannot take recourse to its own Rules, ignoring the Act, for denying gratuity.
22. To sum-up, forfeiture of gratuity is not automatic on dismissal from service; it is subject to sub-Sections (5) and (6) of Section 4 of The Payment of Gratuity Act, 1972.
23. Thus, though for different reasons as well, we find no merit in the appeal and it is accordingly dismissed. …”
See copy of SC Judgment at: Court Judgments on Service Matters
Civil Service Examination 2017-Service Allocation List
Date of next increment – Rule 10 of CCS (RP) Rules, 2016
16 July, 2018
Most IAS officers end up as pen-pushers and cynics, with no faith in their contribution.
The Government of India (GoI) has decided to recruit 10 outstanding individuals from the open market with expertise in the areas of (i) revenue; (ii) financial services; (iii) economic affairs; (iv) agriculture, cooperation and farmers’ welfare; (v) road transport and highways; (vi) shipping; (vii) environment, forests and climate change; (viii) new and renewable energy; (ix) civil aviation; and (x) commerce. …
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