Currency period of censure
ADARSH
(Querist) 12 September 2016
This query is : Resolved
Sir,
I want to know the currency period of minor penalty- Censure. And the related documents about the currency period of Censure.
Guest
(Expert) 12 September 2016
Academic query,
By the way, which type of documents related with censure you want to ask?
Also, please clarify, what was the case, under which conduct & discipline rules of which department/Government the case was processed, departmental inquiry was conducted or not?
ADARSH
(Querist) 12 September 2016
Sir my company is being derived by CCS (CCA) Rule 1965. DEPTT INQUIRY WAS CONDUCTED AND IMPOSED Censure. But the vigilance clearance has been held up by VO so I want to know the expiry period of Censure and the supporting documents in which its currency is mentioned.
Raj Kumar Makkad
(Expert) 12 September 2016
There is no such period prescribed in Rules.
Guest
(Expert) 12 September 2016
The effect is momentary. It is just a statutory warning with no currency period. For further information read Government of India's decisions and orders below Rule 11 of the CCS (CCA) Rules.
Kumar Doab
(Expert) 12 September 2016
You can benefit from the advise of experts.
R.K Nanda
(Expert) 13 September 2016
Nothing to add more.
ADARSH
(Querist) 13 September 2016
But is there any DOP&T guidelines or instructions issued regarding the mentioning of the currency period of Censure as some Higher authorities withholding the vigilance clearance according to their own view i.e. upto 3 years.
ADARSH
(Querist) 13 September 2016
Please reply for my query
Guest
(Expert) 13 September 2016
Their own views are irrelevant when validity is not precribed in any rule or decision of the Government of India. I have already advised you to read Government of India's decisions and orders below Rule 11 of the CCS (CCA) Rules.
However, if you want to discuss elaborately, you may have to get personal appointment for detailed discussion.
Kumar Doab
(Expert) 13 September 2016
Hope you are satisfied.
Raj Kumar Makkad
(Expert) 13 September 2016
It seems without going through the replies, you remain insisting on your original query which is nothing but a misuse of this site.
Rajendra K Goyal
(Expert) 21 September 2016
In some of PSU, employee is not considered for promotion for a period of one year. Individual organisation have their internal guidelines.
Guest
(Expert) 21 September 2016
Rajendra ji,
PSUs can't act arbitrarily, They have to follow the Rules, regulations, decisions, instructions of the Central Government scrupulously, so far as statutory rules are concerned.
Rajendra K Goyal
(Expert) 25 September 2016
Respected Dhingra sir,
I have gone through service conditions / disciplinary rules of biggest lender of the country, they do not consider for promotion for one year after censure.
They must be having approval of appropriate authority. Conditions may be same in other PSU banks also, not gone through hence can not confirm.
Kumar Doab
(Expert) 25 September 2016
The higher Authority/Executive that claims a tenure,..... is under obligation to declare the corresponding rule position and/or if there is no such rules position...........then that....if it is executive decision and such executive decision can be taken to fill in the blanks..................and/or it is his personal decision, and is valid.
You may spend quality time with your able counsel.
Guest
(Expert) 25 September 2016
Rajendra ji,
Conventions have no plce in so far as the tuatutory rules are concerned. If some organization take the currency period as one year, that is quite wrong.
In fact, nobody has so far tried to challenge such decision of the authorities through court of law. That is why they try to at arbitrarily. But when they are asked to show any rule or Government of India's
decision/ instruction, they just try to evade reply.
A censure is just a statutory warnig that has only momentary effect.
If some one attempts to challenge the decision of the recruiting authority through a court of law, he can get a clear verdict in his favour, as the requirements of the courts are clear evidence, not statements.
ADARSH
(Querist) 25 September 2016
R Dhingra Sir,
You are right that censure is just a statutory warning and has momentary effect but some of the authorities in the PSUs are interpreting differently and witholding vigilance clearance uoto 3 years only in the name of no order of DoPT and no any written guidelines issued by government. I asked ti many experts in my organization about its currency period, they told me that it has effext of one day only. But these people also not have any written document in support of its currency.
One letter from the Govt. of Tamilnadu has clear instruction that censure has no currency vide Letter No. 25165/S/98-1 dt. 10.06.98 but no central govt guideline I got
Kumar Doab
(Expert) 25 September 2016
"only in the name of no order of DoPT and no any written guidelines issued by government. "
In that case it is as good as Non existent.
As already pointed out even if it is so called 'Executive Decision ' it has to be visible/existent/speaking one.
'Executive Decision ' in contradiction to statutory provisions is bad:
:: So bad that it is good for nothing...................
:: So bad that it can have damaging effect for the executive with whose name and position it can be attached....
That is why it is spoken off the record and not being published.
The courts of law have thrashed such 'Executive Decisions '...........
Guest
(Expert) 25 September 2016
Adarsh ji,
Can you expect positive interpretation of rules and instructions from vigilance team of any organisation?
When even CVC puts its thumb impression on whatever is proposed by the employer even in fake charge sheets, how anyone can expect any good work from any of the vigilance teams? The CVC sem to feel pride in howing on their record, how much more persons have been punished, may he be quite innocent or a culprit.
There was a very clear instruction from DOPT between 1950 to 1960 and that was also available in earlier editions of CCS(CCA) Rules published by Swamy Publishers, but that vanished in subsequent editions after the death of the author. May the Government copy of CCS (CCA) Rules not contain any such clarification, but no rule specifies that in the absence of any rule or instruction only negative interpretation should be taken.
Government in all its volumes of rules very clearly prescribes that the authorities have to go by the spirit of rules, not by the words of rules. They cannot take negative interpretaion in the absence of any rule, order, decision or instruction of the Government. They don't also have the authority to interpret tatutory rules, as is made very clear at the end of the rule books. Rule 35 of the CCS (CCA) Rules very clearly lays down that "If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the President or such other authority as may be specified by the President by general or special order, and the President or such other authority shall decide the same."
SO, IF A VO, CVC OR THE DISCIPLINARY AUTHORITY INTERPRETS THE RULE OF CENSURE, THEY THEMSELVES VIOLATE THE PROVISIONS OF RULE 35 OF THE CCS (CCA) RULES. THEY ARE NOT VESTED WITH ANY SUCH AUTHORITY.
In fact, the affected person has to fight for his own interest, as none else can fight for and on behalf of him. But, when he gets tired after facing departmental inquiry he tries to compromise with his position even in the absence of any negative rule to be made applicable on him.
Kumar Doab
(Expert) 25 September 2016
Expert Mr. Dhingra is straightforward, upfront and precise.
The comments are praiseworthy.
You may find and engage a counsel of such caliber.
