Wednesday, February 24, 2010

CBI NEWS

vide CBI case mark No R-005/2007 ACUI, DELHI dated 31-DEC-2007 initiated Shri A K SINGH THE THEN DY. SP DP SANCTION OF PROSECUTION (UNDER PC-ACT, 1988) WITH ORGANISATIONS/DEPARTMENTS AS ON 31/12/2009 is pending

Sh. O.P.Rana, Sub-Post Master, Gudha Balotan, has been convicted and sentenced to undergo RI for 3 years with a fine of Rs. 9,000/- for misappropriating an amount of Rs. 3.91 lac which were deposited by various account holders in their respective account holders. (RC0312006A0004)

Against a Post Master and a Postal Assistant, Pallahat for entering into a criminal conspiracy and by abusing their official positions, fraudulently and dishonestly misappropriating an amount to the tune of Rs. 3.34 lac deposited by various SB and RD Account holders in their respective accounts, by posting false entries in the pass books with postal stamp impressions. (RC0152009A0006)

Monday, February 8, 2010

ESTABLISHMENT REVISED NORMS FOR POSTMEN

Compilation of information about appointments made on the basis of fake1 false caste certificates-Recommendation of the Parliamentary Committee on the Welfare of SC/ ST.

No.360171212009-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi-I 10001
Dated the 28'h January, 2010.

 
OFFICE MEMORANDUM


Subject:- Compilation of information about appointments made on the basis of fake1 false caste certificates-Recommendation of the Parliamentary Committee on the Welfare of SC / ST.

The undersigned is directed to say that the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes in its Twenty-ninth Report (14'~ Lok Sabha) have recommended that the Department of Personnel and Training should collect information regularly from all Ministries1 Departments1 PSUsI Banks1 Autonomous Bodies1 States1 UTs in regard to cases of false caste certificates. The recommendation is reproduced below:

" ............DOP&T should interalia obtain information from all Ministries1 Departments, PSUs, banks, autonomous bodies and States1 UTs in regard to cases of false caste certificates regularly with a view to monitoring their progress and disposal, so that necessary plan of action could be taken to tackle the problem for good."


2. , This Department's O.M. No.1 1012/1191-Estt. (A) dated 19.5.1993 provides that if it is found that a Government servant had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. Thus when an appointing authority comes to know that an employee had submitted a false1 fake caste certificate, it has to initiate action to remove or dismiss such an employee from service. All fhe Ministries1 Departments are requested to collect information from all Organisations under their administrative control about the cases where the candidates got/ alleged to have got appointment against vacancies reserved for SCs, STs and OBCs on the the basis of false1 fake caste certificate and send a consolidated report in this regard in the enclosed proforma to this Department latest by


31.03.2010.
sd/-
(K.G. Verma)
Director
Tele: 230921 58

 
To
All MinistrieslDepartments of the Government of lndia.


FOR ORDERS PLEASE CLICK HERE

  • STOP REFUND OF INCOME TAX

No.402/92/2006-MC (05 of 2010)
Government of India / Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi dated 25th January 2010

DRAFT PRESS RELEASE

On or about 12th January 2010, an officer in the Income Tax department, Mumbai, noticed that refunds had been issued from his jurisdiction without his knowledge or approval of his higher authorities. He immediately brought the matter to the notice of his superior officers.

2. On internal inquiry by the Income Tax department, it was found that User Ids and Passwords of certain officers had been fraudulently used to generate refunds in some cases. Upon detection of the fraud, the following actions were taken by the Income Tax department to contain the damage:-

(i) Stop payment orders were issued. As a result, refund outgo in at least  two cases could be prevented.

(ii) Investigation and search action was undertaken by the Directorate of Income Tax (Investigation), Mumbai to detect the bank accounts to which the refunds had been credited and the beneficiaries.

(iii) I-T investigators have identified the bank accounts, beneficiaries and some of the scamsters involved.

(iv) Mumbai police and CBI Mumbai have been informed.
3. Further actions being taken to prevent the recurrence of such frauds are as follows:-

a) All high value refunds issued during the current financial year will be cross-verified.

b) The system of handling high value refunds will be replaced with a more robust and foolproof system.

Sunday, February 7, 2010

Pension to Gramin Dak Sevak..... घडामोडी: ग्रामीण डाक सेवाकंच्या पेंशन विषयी ....

Gramin Dak Sevak shall not be entitled to pension as per the existing rules. The existing recruitment rules of Group-D and Postman provide absorption of GDS against regular departmental posts upto 50 years of age. therefore those GDS who complete 10 years of service are being entitled to pension. But most of the GDS are deprived due to not completing 10 years of service even 9 years 9 months also.  In order to get benefit of pesnion Department has power to relax the operation of any of these rules causes undue hardship in any particular case. Therefore DDG Estt. New Delhi has asked all CPMG /PMG to provide information in respect of all GDS appointed before 01/01/2004 vide his letter No 19-12/2009-GDS dated 18 Jan 2010     

घडामोडी: ग्रामीण डाक सेवाकंच्या पेंशन विषयी ....

प्रचलित ग्रामीण डाक सेवक नियमावालीत ग्रामीण डाक सेवकाना पेंशन नाही. प्रचलित चतुर्थ श्रेणी आणि पोस्टमन भर्ती नियमावालीनुसार ग्रामीण डाक सेवकाना ५० वर्षा पर्यन्त खाते अंतर्न्गत सदर पदांमधील नियमित समवेशानंतर किमान १० वर्षे सेवा पूर्ण असल्यास (९ वर्षे आणि ९ महीने ) पेंशन मिळते. परन्तु काही ग्रामीण डाक सेवकांची १० वर्षे सेवा पूर्ण होत नाही किंबहुना ९ वर्षे आणि ९ महीने देखील पूर्ण होत नाही. अश्या ०१.०१.२००४ पूर्वी खात्यात नियमित समावेश असलेल्या ज्यांची ९ वर्षे आणि ९ महीने देखील पूर्ण होत नाही व पेंशनला मुकावे लागले आहे अश्या सर्व ग्रामीण डाक सेवकांची माहिती केंद्रीय आस्थापनाने पत्र क्रमांक १९-१२/२००९ - जीडीस दिनाक १८ जानेवारी २०१० द्वारे सर्व सी. पी. एम. जी. / पी. एम. जी. कडे मागीतली आहे.

Thursday, February 4, 2010

AFTER SUCCESSIVE COURT CASES BY OUR UNIONS FINALLY THE DEPARTMENT OF POSTS IS FINALISING ANOTHER RE-VERIFICATION OF MEMBERSHIP UNDER CCS[RSA]RULES 1993 & ED [RA] RULES 1995.

AFTER SUCCESSIVE COURT CASES BY OUR UNIONS FINALLY THE DEPARTMENT OF POSTS IS FINALISING ANOTHER RE-VERIFICATION OF MEMBERSHIP UNDER CCS[RSA]RULES 1993 & ED [RA] RULES 1995.


Discussions are being held by Sh. Subhash Chandr (Director SR & Legal) with  BPEF Federations and all other Unions / Associations on finalizing the procedure for another re-verification.



This time, the Divisional Head will be the Check-Off and Re-verification Authority instead of DDOs as in the past occasions since the plea of our union that DDOs are union members of one of the unions and therefore they cannot be the Authority to verify the declaration forms of members was accepted by the Court and directions given accordingly.



The submission and verification of declarations etc procedure may end in the month of April and Recovery of subscriptions may be in the pay of May month. Exact Dates and Procedure would be published by us as soon as the DoP issues the orders for re-verification.

POSTMASTER CADRE CREATED ...............

DEPARTMENT ISSUED ORDERS FOR CREATING POSTMASTERS CADRE 


Total 2097 LSG Postmasters [POSTMASTER GRADE - I]; 511 HSG-II Postmasters [POSTMASTER GRADE - II]; 495 HSG-I Postmasters [POSTMASTER GRADE -III]; & 116 PSS GROUP -B POSTS [SENIOR POSTMASTER] HAVE BEEN DESIGNATED AS POSTMASTERS.

The Procedures to fill up these posts have not been spelt out in this order -But we gathered that the first time absorption in all these posts will be by one-time option from LSG - HSG-II -HSG-I officials. - But in future LSG Postmasters vacancies will be filled up only through competitive examination from PA/SAs.

Saturday, January 30, 2010

D.A. hike to the extent of 8% w.e.f. 01.01.2010.

All India Consumer Price Index (industrial workers) Base 2001-100 for the month of December 2009 stands as 169 (i.e. one point rise from November 2009)

Therefore, the Central Government employees will have a D.A. hike to the extent of 8% w.e.f. 01.01.2010. The revised D.A w.e.f 01.01.2010 will be 35%. Normally the revised D.A rate will be approved by the cabinet and difference is being paid in the month of April every year.

Monday, January 25, 2010

N0.12/192/2009-1R
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 20Ih January 2010

OFFICE MEMORANDUM

Subject: Maintenance of records in consonance with Section 4 of the RTI Act

The Central lnformation Commission in a case has highlighted that the systematic failure in maintenance of records is resulting in supply of incomplete and misleading information and that such failure is due to the fact that the public authorities do not adhere to the mandate of Section 4(l)(a) of the RTI Act, which requires every public authority to maintain all its records duly catalogued and indexed in a manner and form which would facilitate the right to information. The Commission also pointed out that such a default could qualtfy for payment of compensation to the complainant. Section 19(8)(b) of the Act gives power to the Commission to require the concerned public authority to compensate the complainant for any loss or other detriment suffered.

2. Proper maintenance of records is vital for the success of the Right to lnformation Act but many public authorities have not paid due attention to the issue despite instructions issued by this Department. The undersigned is directed to request all the MinistrieslDepartments etc. to ensure that requirements of Section 4
of the Act in general and clause (a) of sub-section (1) thereof in particular are met by all the public authorities under them without any further delay.

(K.G. Verrna)
Director
Tel. No.23092158

1. All the Ministries I Departments of the Government of lndia

Thursday, January 21, 2010

Reservation for the Persons with Disabillties - Filling up of the backlog reserved vacancies through a Special Recruitment Drive.

No. 3603812/2008-EsH(Res)


Government of India
Ministry of Personnel, P.G. 8 Pensions
Department of Personnel & Training
****
New Delhi, Dated the 15* January, 2010

OFFICE MEMORANDUM

Sub: Reservation for the Persons with Disabillties - Filling up of the backlog reserved vacancies through a Special Recruitment Drive.

The undersigned is directed to invite attention to this Department's O.M. of even number dated 27.112009 whereby a Special Recruitment Drive has been launched to fill up the backlog reserved vacancies of persons with disability. Attention is also invited to this Department's O.M. No. 360351812003-Estt(Res) dated 26% April, 2006, which, inter alia,required preparation of rese~ation roster registers and earmarking of reservation for persons with disabilities in accordance with the instructions contained in this Department's O.M. No. 360351312004-Estt(Res) dated 29.12.2005 starting from the year 1996. The OM provided that if some or all the vacancies so earmarked had not been filled by reservation and were filled by able bodfed persons either for the reason that points of reservation had not been earmarked properly at the appropriate time or persons with disabilities did not become available, such unutilized reservation might be treated as havlng been carried forward. There may be some vacancies which might have become available for persons with disabilities in terms of the OM dated 264.2006 It has been decided to fill up all such vacancies during the Special Recruitment Drive referred to above.

2. All the Ministries ID epartments etc, are requested to scrupuiously implement the above decision.

(PLEASE  CLICK HERE FOR ORDERS)

sd/-
Director
Tel. No.2309 2158


Saturday, January 9, 2010

Effect on modification/expunction of adverse remarks in the ACRs and upgradationldown-gradation of the overall grading in the ACRs prior to the period 2008-2009.

NO. 2101 1/1/2005-Estt.(A)


Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
*****
New Delhi, the 6th January, 2010

OFFICE MEMORANDUM

Subject:- Effect on modification/expunction of adverse remarks in the ACRs and upgradationldown-gradation of the overall grading in the ACRs prior to the period 2008-2009.

The undersigned is directed to say that instructions were issued vide O.M. of even number dated 1 4 'M~ ay, 2009 by which the complete APAR (previously known as ACR) including the overall grading and assessment of integrity shall be communicated to the concerned officer for representation if any, with effect from the reporting period 2008-09 which was to be initiated from 1.4.2008. Prior to that only adverse remarks in the ACR were required to be communicated for representation, if any. The then existing instructions further provided that the overall grading in the ACR should remain unchanged even after modification or expunction of the entire adverse remarks. It was left to the DPC to re-determine the overall grading if it considered that the expunction of such adverse remarks had so altered the quality of the ACR. The matter has been further considered and it has been decided that in those cases where the reckonable ACRs prior the reporting period 2008-09 are to be considered in a future DPC on which the adverse remarks of Reporting I Reviewing / Accepting Authorities have been expunged or modified by the Competent Authority, the "overall grading" in the ACR be kept blank for appropriate re-grading by the DPCs. The existing grading shall be blocked in such cases. It has also been decided that where the authority has upgraded / downgraded the overall grading without giving sufficient reasons, the DPC shall treat such an exercise as non-estlinvalid. General terms, such as "I agree or disagree with the Reporting Officer / Reviewing Officer" used by the Reviewing I Accepting Authority shall not be construed as sufficient reason for upgrading / downgrading the overall grading given by the Reporting Authority 1 Reviewing Authority. The proposals for the DPC where ACRs upto the reporting period 2007-08 will be taken into account should specifically bring out these guidelines.

2. It is also made clear that past cases already decided will not be re-opened.

To
All MinistriesIDepartments of Government of India

Tuesday, December 29, 2009

CHQ submitted Memorandum to Hon'ble Member of Parliament and members of Parliamentary Standing Committee

One Delegation consisting S/Shri M. K. Khamborkar General Secretary BPEU Class-III, Santosh Parab Org Secretary CHQ, Irshad Shaikh Dy General Secretary and Circle Secretary Gujarat, J. B. Rana Divisional Secretary, C. N. Desai, Kanti Patel and B. L. Vadhera were meet Smt Darshana Jardosh Hon’ble Member of Parliament Surat and Member of Parliamentary Standing Committee at her residence and submitted Memorandum containing the burning problems faced by postal staff vis-à-vis postal services
Bharatiya Postal Employees Union Class-III
(An affiliate of BPEF/GENC/BMS)
Registrar of Trade Union Regn. No 2322 Dt 23-3-1978
_______

Memorandum
Absorption of all applicants for compassionate appointments as one time measure in Department of Posts
Since 1998 hundreds of wards of deceased Postal Employees are knocking the doors of the department for job on compassionate grounds. The famil ies of deceased postal employees/invalidated pensioners are in indigent condi tions. Hundreds of cases are pending before CATs/High Cour ts for seeking job on compassionate  grounds as Department of Posts are rejecting the applicat ions on f ilmsy grounds. One of the reasons for the rejection of applicants is given as non availabili ty of vacancies for compassionate appointment .

At present 5% of vacancies of direct recrui tment quota can be filled by compassionate appointments. The Ministry of Railways however is not following this 5% capping of DR quota & considering the compassionate appointments in departmental quota. This All India Union since 2005 is knocking the doors of Postal administration for allowing the compassionate appointments against unfilled departmental promotional vacancies. In all total more than 10000 residual vacancies of depar tmental quota are there to be filled in. As a one time measure this quota of vacancies can be utilized for compassionate appointments.

In this respect the example of Maharashtra Circle can be cited. As an example, after 1999 the circle relaxation commi t tee meeting of Maharashtra Circle was held in Nov. 2006 for a brief per iod of one
and half day. In meeting nearly 850 applications were put for consideration out of which only 67 applications were considered favourably. Al l other appl ications were rejected summari ly for want of vacancies. Further it revealed that in Oct. 2009 there were 350 appx. applications were received & only 35 appx. were considered

favourably & all other applications were rejected for want of vacancies. These rejected applicants are knocking the doors of Government of India through MPs, MLAs, Ministers, the Honourable President of India,& CATs/ the High Courts. They are running from pillar to post as their families are in indigent condition. Further it revealed that 75% of these rejected applicants comes from SC/ST/BC downtrodden communities. In other words this means after losing the lone family head they are again on the road for seeking a job.

This is the situation almost in all Postal Ci rcles.

In order to cope up with this situation & to restore the social justice to the downtrodden communi ties this All India Union demands to review all the rejected applications for compassionate appointments as one time measure for causing absorption in departmental quota of vacancies.

Acute shortage of staff at operational level directly affecting smooth postal services to members of public.

Since 1983 there is a general ban on creation of new vacancies.Since 1999 the Annual Di rect Recrui tment Plan was introduced wherein two out of three vacant posts were abolished. This has caused a considerable acute shortage of staff for performing smooth postal operations. Besides this 10s of new schemes in the name of business development were launched by the depar tment of posts without sanctioning the required manpower at operative level. Most of the supervisory promot ional posts are being manned on adhoc basis from amongst the operative staff . Not only this, the administrative offices are being manned by taking operational staff on deputation. For manning the posts of System Administrators & Marketing Executives to the tune of nearly 3000 postal assistants are brought on deputation basis. This is directly af fecting the postal
services to the members of public.

Now the department of posts has introduced modified ACP scheme by replacing existing TBOP/BCR Scheme. Prior to that there was staff reduction of 6% in the feeder cadre & 20% in supervisory cadre was in existence for implementing TBOP/BCR scheme. As now that scheme (TBOP/BCR) is wi thdrawn, 6% & 20% staf f reduction in feeder/supervisory cadre needs to be restored immediately but this has not been done. In view of above this Al l India Union demands as under
a) Immediate restoration of 6% & 20% staff in feeder/supervisory cadre.
b) Filling of all residual vacancies by compassionate appointments.
c) Filling of all resultant chain of vacancies caused by adhoc promotion to HSG-I/HSG-II/LSG-NB Cadre.
d) Filling of all vacancies caused by deputation to system administrators/mktg. executives/BD scheme staff .

Effective Vigilance Mechanism for preventing frauds and it’s covering by certain authorities

(a) In the past also through our agitation this All India Union has demanded setting up of judicial commission to enquire in to huge frauds involving corers of rupees. At that time, It was told that a high power committee is formed for the purpose. But up to this no out come is visible. On the contrary frauds committed by staff, mainly Small Saving agents are increasing. For example stolen certificate were supplied by CSD West Bengal, to offices in Circle, by invoicing wrong numbers. But up-till now, no culprits are booked. Similarly mailers has committed fraud to the tune of corers of rupees in Mumbai but none is booked and punished by recovery of heavy losses sustained by Deptt.

This All India Union therefore demands immediate appointment of Commission / high-power committee to investigate the matter in details.

This all India Union therefore demands to appoint High Power Committee with assistance from outside nvestigating agencies for probing huge frauds involving corers of rupees, embezzlement of public money in franking machines, mail postings, by mailers, small saving scheme agents.

(b) It is observed that staff who speaks or act against corruptive practices, are being harassed by authorities. Higher authorities instead of giving protection to such “whistle blowers “either keeps mum are covers up misdeeds of corrupts. For example, case of result of exam. for promotion to Postman cadre from amongst GDS employee held on 6/12/2006 in Dhule in Maharashtra Circle is an eye-opener. Even though this All India Union has submitted details alongwith documentary proof , CO Maharashtra Circle has not given justice to victim of corruptive practices, adopted by then SSPOs Dhule Division. Same case is about SP Sriganganagar Division in Rajasthan Circle, where administration has gone to limit of extent to cover up misdeeds of Supdt. This All India Union therefore demands immediate actions in such cases and protection “whistle blowers”.

This all India Union therefore demands to cause for Stopping of Harassment of “whistle blowers” against corruption and punish corrupt officials/ officers.

Stop abuse of powers conferred under CCS (CCA) Rules to Authorities.

(a) It is observed that the inspecting officers, administrative authorities, though are responsible for facilitating the frauds due to negligence in duties but they are freed from the recoveries , entire loss is forced to be recovered from the Gr.-C staff by abusing the powers conferred in CCS (CCA) Rules to the authorities at lower formations and bypassing by appellate/petitioning authorities . This trend is increasing day by day resulting in ruining the families of Gr. –C staff. This needs to be checked.

Therefore this all India Union demands to stop making of subsidiary offenders for sole purpose of recovery of government loss in fraud cases and punish the disciplinary authorities for violating various provisions of CCS (CCA) Rules.

(b) CCS (CCA) Rules are statutory rules having force of law & no deviation is permissible. The authorities are violating these rules while dealing with suspension cases where huge expenditure is involved. Similarly
huge numbers of disciplinary cases are pending at all levels including the Postal Directorate. A punitive action needs to be evolved to curb such tendencies.

This all India Union addressed numbers letters to Dte. In this respect citing examples of Gujarat,
Maharashtra and Bihar Circles where these rules are violated resulting huge expenditure to public exchequer by way of payment of subsistence allowance.

This all India Union therefore demands to review all suspension cases within purview of amendments to suspension rules and recover the subsistence allowance paid unnecessarily from authorities violating the statutory rules.

Revive the machinery for redrressal of grievances, individual /
organizational in time bound manner at all levels.

(a) At present machinery for redressal of grievances of individuals /organizational, is on paper only. Practically no grievances are redressed in time bound manner. Grivances of staff , putforth in Regional / Circle level are not redressed with principles of delivering justice . A report is called for from authorities against whom matter is brought by staff . No records to confirm genuineness of report or on contradictory points raised by appellant is called. A verdict on the line of concocted report is given with the result of miscarriage of justice.

There are hundreds of examples in this respect . A matter putforth by unions are also kept in cupboard, without giving decisions.

(b) PO & RMS Accounts staff is most harassed staff on account of indecisiveness of postal Administration at highest level.

(i) Cause uniformity for granting promotion to LSG (NB) cadre in Accounts line in all circles. There is no uniformly in filling of LSG (Acctt.) posts from amongst PO & RMS Acctt. staff. Ignoring the basic statutory recruitments rules, Postal Dte. has issued so many executive instructions creating confusion. For example Karnataka Circle is following procedure laid in basic rules other circles, for example M.P.Circle is toeing other line. In Tamilnadu Circle , after verdict of CAT Chennai Bench Deptt. failed to get stay High Court
and allowed Tamilnadu Circle to follow basic rules from promotion to LSG (NB) in Accounts line. In Maharashtra Circle, Deptt. has gone in appeal in Hon’ble Mumbai High Court and for last 10 yrs. there is stalemate. When Tamilnadu Circle is allowed to follow basis rules why Maharashtra Circle not allowed to follow the same, by withdrawing appeal pending in High Court. Representations made by this All India Union in respect of Delhi Circle , Maharashtra Circle and M.P. Circle are pending for year together for classifications. Not only this most of the Circles have sought clarification on either this or that pretext for feeling of LSG Acctts. post in Accounts lines,. but in vain.For years, victims are PO & RMS Acctt. staff, who are deprived for promotions , pay of post and other consequential benefits. Lorger number of officials have retired without benefit even though they have worked on the post.

(ii) Grant Notional promotion w.e.f. 8/2/2002 to LSG (NB) Cadre in Accounts line to PO & RMS Account staff and further consequential promotions i.e. promotion to HSG-II/HSG-I notionally .

In number of Circles , no notional promotion since 1-1-1991were granted to PO & RMS Acctt. , who were working LSG Acctt. as per Dte. orders. Thus they were deprived of from further notional promotion to HSG-II (NB) and HSG-I Not only this,8-2-2002 onwards also no actual promotions in LSG Acct. were granted to these staff , as postal Dte. has not issued clarifications sought by Circles. Stalemate is still continued in some Circles. A uniform policy declaration is to be issued by Postal Dte. in this respect. In view of above we demand notional promotion in LSG (NB) / HSG-II (NB) / HSG-I cadre to eligible Accounts official immediately.

(iii) Stop harassment to account staff for recovery/ refund in postman wrong fixation cases.

In number of Circles Postal Accountant were asked to credit wrongly fixed pay of Postman staff and chargesheets were issued which is highly irregular. As per FR/SR no recovery can be ordered for over payment due to adhoc increments given to staff. Hence it is demanded to wave all the recoveries and staff harassment.

This All India Union therefore, demands revival of effective mechanism for redressal of individual grievances.

M K Khamborkar
General Secretary
BPEU Class-III