Dishonesty (or fraud) and malice in exercising statutory powers

SHRI.S.LAKSHMIKANTHAN THE THEN INCHARGE DIRECTOR OF EIC, UNDER THE DICTION OF COMMERCE MINISTRY EXCERSIED HIS POWER FRAUDULENTLY TO IMPLEMENT THE 1994-ILLEGAL VRS FOR SOME PETTY BENEFITS-HENCE IT IS UNCONSTITUTIONAL,EXCESSIVE OR ARBITRARY

Sunday, April 13, 2008

DOPT,DARPG, DP&PW

THE FIRST SCHEDULE

(Rule 2)

MINISTRIES, DEPARTMENTS, SECRETARIATS AND OFFICES

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(KARMIK, LOK SHIKAYAT TATHA PENSION MANTRALAYA)

A. DEPARTMENT OF PERSONNEL AND TRAINING

(KARMIK AUR PRASHIKSHAN VIBHAG)

I. RECRUITMENT, PROMOTION AND MORALE OF SERVICES

1. Reservation of posts in Services for certain classes of citizens.

2. General questions relating to recruitment, promotion and seniority pertaining to Central Services except Railways Services and services under the control of the Department of Atomic Energy, the erstwhile Department of Electronics, the Department of Space and the Scientific and Technical Services under the Department of Defence Research and Development.

3. General policy regarding age limits, medical standards, educational qualifications and recognition of non-technical degrees diplomas for appointment to Government service.

4. General policy matters regarding classification of posts and grant of gazetted status in relation to Services other than Railway Services.

5. Recruitment of ministerial staff for the Government of India Secretariat and its attached offices except that for the Department of Railways, the Department of Atomic Energy, the erstwhile Department of Electronics, and the Department of Space.

6. Appointment of non-Indians to Civil posts under the Government of India except posts under the Department of Railways, the Department of Atomic Energy, the erstwhile Department of Electronics and the Department of Space.

7. **

8. Concessions to War Service candidates in respect of appointments to Civil Posts and services.

9. General policy regarding resettlement of displaced Government servants from areas now in Pakistan and retrenched temporary employees.

10. Concessions to political sufferers in the matters of first appointment or reappointment to the public services.

11. General policy regarding grant of extension to or re-employment of superannuated officers.

12. Issue of certificates of eligibility for appointment to Civil Services and posts under the Union in respect of persons other than Indian citizens.

13. (a) Deputation of Indian experts abroad under the Indian Technical and Economic Cooperation Programme of the Ministry of External Affairs and on bilateral basis of the developing countries of Asia, Africa and Latin America.

(b) Deputation of officers or placements with the United Nations and its allied agencies as also with other international agencies like ILO, FAO, etc.

14. General policy regarding verification of character and antecedents, suitability of candidates for appointment to Government service.

15. Policy matters relating to issue of No Objection certificate to serving personnel for registration with the Employment Exchange for higher posts.

16. Matters relating to Personal Staff of Ministers.

17. Re-deployment of staff rendered surplus in Central Government offices as a result of-

(a) administrative reforms;

(b) studies made by the SIU;

(c) winding up of long term but temporary organisations.

18. Advising Ministries on proper management of various cadres under their control.

II. TRAINING

19. (a) Formation and coordination of training policies for the All India and Central Services;

(b) Lal Bahadur Shastri National Academy of Administration and Institute of Secretariat Training and Management;

(c) Training programmes for the Indian Administrative Service and the Central Secretariat Service;

(d) Preparation and publication of training material and of the information of training techniques, facilities and programmes;

(e) Liaison with training institutions within the States and abroad;

(f) Refresher and special courses of Middle and Senior Management levels.

III. VIGILANCE AND DISCIPLINE

20. (a) Central Vigilance Commission ;

(b) All policy matters pertaining to vigilance and discipline among public servants;

(c) Relationship between Members of Parliament and the Administration.

20.A The Prevention of Corruption Act, 1947 (2 of 1947); the Central Bureau of Investigation (the Delhi Special Police Establishment including the Legal Division, the Technical Division, the Policy Division, and the Administration Division); the Food Offences Wing; and Economic Offences Wing.

IV. SERVICE CONDITIONS

21. General questions (other than those which have a financial bearing including Conduct Rules relating to All India and Union Public Services except in regard to services under the control of the Department of Railways, the Department of Atomic Energy, the erstwhile Department of Electronics and the Department of Space.

22. Conditions of service of Central Government employees (excluding those under the control of the Department of Railways, the Department of Atomic Energy, the erstwhile Department of Electronics, the Department of Space and the Scientific and Technical personnel under the Department of Defence Research and Development, other than those having a financial bearing and in so far as they raise points of general service interests.

23. (a) The administration of all service rules including F.Rs. SRs. and C.S.Rs. (but excluding those relating to Pension and other retirement benefits) except--

(i) proposals relating to revisions of pay structure of employees;

(ii) proposals for revisions of pay scales of Central Government employees;

(iii) appointment of Pay Commission, processing of the recommendations and

implementation thereof;

(iv) dearness allowance and other compensatory allowances and travelling allowances;

(v) any new facility to Government employees by way of service conditions or fringe benefits which involve significant recurring financial implications; and

(vi) matters relating to amendments to service rules having a predominantly financial character;

(b) Initiation of proposals for new facility to Government employees by way of service conditions and fringe benefits, involving significant recurring financial implications;

(c) Issue of formal orders of the Government of India in matters relating to amendments to service rules including those having a predominantly financial character referred to in item (vi) of clause (a);

(d) Relaxation and liberalisation of any service rules having long-term financial implications in consultation with the Ministry of Finance.

24. Grants to the Indian Institute of Public Administration.

25. Leave travel concession for civil employees other than Railway employees.

26. The Central Services (Temporary Service) Rules, 1949.

27. General policy regarding retrenchment and revision of temporary Government servants except those under the Department of Railways.

28. Administration of the Central Services (Safeguarding of National Security) Rules.

29. Uniforms for Class IV and other Government servants in the Central Secretariat, and its attached offices.

30. Working Hours and Holidays for Government of India offices.

31. Administration of service rules with financial content under specific delegation made by the Ministry of Finance.

32. Advice on proposals in respect of the Ministry of Finance relating to the number or grade of posts to the strength of a service or to the pay and allowances of Government servants or any other conditions of their service having financial implications.

33. General policy regarding reimbursement of legal expenses incurred by Government Servants.

34. Proposals for grant of ex-officio Secretariat status.

35. Honorary appointments of persons in civil posts.

36. Oath of allegiance to the Constitution.

V. SENIOR AND MIDDLE MANAGEMENT

37. All aspects of Senior Management (i.e., Joint Secretaries and above and their equivalents) including developments of personnel for it.

38. (a) Establishment Officer to the Government of India;

(b) Appointments Committee of the Cabinet;

(c) (c) Central Establishment Board;

(d) Career Development for Middle Management (i.e. Directors, Deputy and Under Secretaries and equivalents).

VI. GOVERNMENT EMPLOYEES RELATIONS, INCLUDING STAFF GRIEVANCES AND WELFARE.

39. (a) Service Associations of the industrial and non-industria employees of the Government of India;

(b) Joint Consultative Machinery; Departmental Council for the Department of Personnel and Training (Karmik aur Prashikshan Vibhag);

(c) machinery for the redress of staff grievances;

(d) staff welfare including sports, cultural activities, Grih Kalyan Kendras, Canteens, Cooperative Stores, etc;

(e) all matters relating to Central Administrative Tribunals and State Administrative Tribunals;

(f) other matters involving Government Employees relations not specifically provided for under any other entry relating to this Ministry.

VII. UNION PUBLIC SERVICE COMMISSION

40. Union Public Service Commission.

VIII. CENTRALISED ASPECTS OF MANAGING IAS, INTER-MINISTRY CADRES INCLUDING A CAREER PLANNING FOR THE MEMBERS THEREOF.

41. (a) Creation of new All India Services;

(b) Rules and regulations under the All-India Services Act, 1951 (61 of 1951);

(c) All matters relating to the Indian Administrative Service including the Indian Civil Service;

(d) All India Civil List and History of Services;

(e) Central Secretariat Service, Central Secretariat Stenographers' Service and Central Secretariat Clerical Service.

IX. CAREER PLANNING AND MANPOWER PLANNING.

42. (a) General Policy questions regarding Career Planning and Manpower Planning for the All India and Central Government Services;

(b) All matters pertaining to Career Planning and Manpower Planning for the Indian Administrative Service and the Central Secretariat Service.

X. PERSONNEL MANAGEMENT AGENCIES

43. Coordination of the work of personnel management agencies within various Ministries and Departments.

XI. ALLOCATION OF PERSONNEL AND INTEGRATION OF SERVICES AS A RESULT OF STATES RE-ORGANISATION.

44. (a) Allocation of service personnel affected by re-organisation of States;

(b) Division and integration of services affected by the re-organisation of States other than the Union Territories;

(c) Protection of service conditions of personnel affected by re-organisation of States;

(d) Other matters relating to State Services affected by the re-organisation of States.

XII. PUBLIC ENTERPRISES SELECTION BOARD

45. Public Enterprises Selection Board (PESB).

B. DEPARTMENT OF ADMINISTRATIVE REFORMS AND PUBLIC GRIEVANCES (PRASHASANIK SUDHAR AUR LOK SHIKAYAT VIBHAG).

1. Administrative Reforms, including e-governance and dissemination of best practices.

2. Organisation and methods.

3. Policy, coordination and monitoring of issues relating to –

(a) redress of public grievances in general; and

(b) grievances pertaining to Central Government agencies.

4. (a) Research in public management;

(b) liaison with State Governments, professional institutions etc. in public management matters.

5. Administration of Central Secretariat Manual of Office Procedure.

C. DEPARTMENT OF PENSION AND PENSIONERS' WELFARE

(PENSION AUR PENSION BHOGI KALYAN VIBHAG)

1. Formulation of policy and co-ordination of matters relating to retirement benefits to Central Government employees (Civil, Defence and Railway Pensioners).

2. Administration of –

(a) The Central Civil Services (Pension) Rules, 1972; the Central Civil Services (Commutation of Pension) Rules, 1981; the Central Civil Services (Extraordinary Pension) Rules, 1939; the All India Services (Death-cum-retirement benefits) Rules, 1958, and

(b) any other scheme relating to Central Government pensioners, entrusted to the Department.

3. Pension structure and relief to pensioners.

4. New facilities of fringe benefits to the Central Government pensioners.

5. Matters relating to amendment to, or relaxation of, Pension rules or any other rule concerning retirement benefits.

6. Policy and co-ordination relating to welfare of Central Government Pensioners.

Note:- The action in respect of 3 above shall be subject to the concurrence of Ministry of Finance. Action in respect of other matters involving recurring financial implications by way of relaxation or liberalisation of any rule shall be subject, to guidelines, as agreed to between the Department of Pension and Pensioners’ Welfare and the Ministry of Finance, Department of Expenditure.

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