Escolar Documentos
Profissional Documentos
Cultura Documentos
TRCA
Category
Nature
1 fixed
of as
GDSon
of Benefits
Assuming 1-1-2006
Basic in theonnew
TRCAPre-revised
Present
as slab
TRCA
Benefits
1-1-2006 of Rs. 4575-85- Rs. 5680-00
Revised TRCA Revised Benefits.
Rs. 2475
7125
Ex- (in
5%the
2 gratia next above
Gratuity
increase stage
with effect of Rs.
Granted
from 5667
of thearrived
1-4-2004 rate of at
(Basic Sl.no.6
half w.e.f.
Rs.1-1-2006
months
TRCA basicas on Continuance
2425 Rs. 121 of the existing
above)
GDS sub Postmaster
01-04-2004 Fixation Rs.
inTRCA
and 5% increase 2125-50-3125
the drawn
new
on Rs. immediately
Slab
2425) Rs. 4575-85-7125 formula for grant of EX-Gratia
before
Total
3 TRCA with Annual increase
Total (1+2) on 1-1-2007
discharge of service for each completed Rs. 5680-00 +Rs.
Rs.2596
Gratuity 85 = Rs.
subject to 5765
a Maximum of
Total
4 TRCA
Dearness withAllowance @year
Annual increase 74% of
on sevice
on1-1-2008subject
Rs. 2596 as to
ona1-1-2006
maximumRs. Rs.+60,000.
of 5765-00 Rs.1921
Rs. 85 = Rs. 5850
Total
5 TRCA
Add Fitment Rs. 18,000
with Annual increase or 16.5 months basic TRCA
on 1-1-2009 Rs. 5850-00 +Rs.Rs. 85 = Rs 5935
1 Assuming Basic TRCAlast as on 1-1-2006
drawn whichever is less. Minimum Rs. 1250
2475
6
2 Total (3+4+5)with effect from 1-4-2004 (Basic TRCA Rs. 2425 as on
5% increase Rs.
Rs. 5667
121
service prescribed is 15 years.
01-04-2004
Severance Amount and 5% increase on Rs. 2425)
A Lump sum severance amount of Rs. Severance Amount shall be paid
3 Total (1+2) 30,000/- is paid on discharge provided a Rs.
at the 2596
rate of Rs. 1500 for every
4 Note:- @GDS
Dearness Allowance 74%has on completed
Rs. 2596 as 20on 1-1-2006
years of on
Rs.1-1-2007
completed year of, 1-1-2008,
1921 1-1-2009 and so on.
service subject
5 Add Fitment 1. In respect
continuous of Gramin
service.Dak Sevaks
In case GDS from to a5.Rs.
of a working 1250In ofrespect
Maximum Rs. 60000of with
Gramin Dak Sevaks newly
6 Total (3+4+5)a date priorcompleting
to 1-4-2004, 15 years of service
5% increase is but
to be appointed
Rs. 5667
allowed reduction
less on or after
in Minimum 1-1-2006 their TRCA will be fixed
eligibility
on their basic thanTRCA
20 years
drawnof continuous
as on 1-4-2004 at the
the while period
serviceonly Minimum
to 10 years. of new TRCA slab and the next annual
fixing the TRCAseverance
in theamount paid is RS. 20,000.
new slab. increase shall be allowed after completion of one year's
2. For Gramin Dak Sevaks who joined service continuous service, form, the date of their engagement.
between 2-4-2004 and 31-12-2005. 5% increase is to 6. The same principle shall be adopted for the
be allowed on the minimum of pre-revised Time Related fixation of TRCA in new slabs for other categories of
continuity Allowance in which they were appointed Gramin Dak Sevaks.
while fixing the TRCA in the new slab. Annexure IV(B)
3. Those Gramin Dak Sevaks entered in service Illustration for fixation of TRCA in new slab in
after 1-1-2006 TRCA is to be fixed at the minimum of respect of Gramin Dak Sevak joined between
new TRCA slab. They will not be allowed the benefit 1-3-1998 and 1-4-2004
of 5 % increase and fitment in fixation. Category of GDS pre-revised TRCA Revised TRCA
4. Gramin Dak Sevaks working as on 31-12- w.e.f. 1-1-2006
GDS Branch Postmaster Rs. 1280-35-1980 Rs. 2745-50-4245
2005, their TRCA will be fixed on 1-1-2006 as per the with work load of 75
above method, and next annual increase will be allowed points assuming Date of
after completion of one year's continuous service i.e., Joining as 1-2-2001
BHARTIYA POST 11 NOVEMBER, 2009
Fixation in the new Slab
Fixation in the new Slab
Note:-
1. In respect of Gramin Dak Sevaks working from a date
prior to 1-4-2004, 5% increase is to be allowed on their basic
Note:- TRCA drawn as on 1-4-2004 only while fixing the TRCA in the
1. In respect of Gramin Dak Sevaks working from new slab.
a date prior to 1-4-2004, 5% increase is to be allowed on 2. For Gramin Dak Sevaks who joined service between
their basic TRCA drawn as on 1-4-2004 only while fixing 2-4-2004 and 31-12-2005, 5% increase is to be allowed on the
the TRCA in the new slab. minimum of pre-revised Time Related continuity Allowance in
which they were appointed while fixing the TRCA in the new
2. For Gramin Dak Sevaks who joined service
slab.
between 2-4-2004 and 31-12-2005. 5% increase is to be
3. Those Gramin Dak Sevaks entered in service after 1-
allowed on the minimum of pre-revised Time Related
1-2006 TRCA is to be fixed at the minimum of new TRCA slab.
continuity Allowance in which they were appointed while
They will not be allowed the benefit of 5 % increase and
fixing the TRCA in the new slab.
fitment in fixation.
3. Those Gramin Dak Sevaks entered in service
4. Gramin Dak Sevaks working as on 31-12-2005, their
after 1-1-2006 TRCA is to be fixed at the minimum of new TRCA will be fixed on 1-1-2006 as per the above method, and
TRCA slab. They will not be allowed the benefit of 5 % next annual increase will be allowed after completion of one
increase and fitment in fixation. year's continuous service i.e., on 1-1-2007 , 1-1-2008, 1-1-2009
4. Gramin Dak Sevaks working as on 31-12-2005, and so on.
their TRCA will be fixed on 1-1-2006 as per the above 5. In respect of Gramin Dak Sevaks newly appointed on
method, and next annual increase will be allowed after or after 1-1-2006 their TRCA will be fixed at the Minimum of new
completion of one year's continuous service i.e., on 1-1- TRCA slab and the next annual increase shall be allowed after
2007 , 1-1-2008, 1-1-2009 and so on. completion of one year's continuous service, from, the date of
5. In respect of Gramin Dak Sevaks newly appointed their engagement.
on or after 1-1-2006 their TRCA will be fixed at the 6. The same principle shall be adopted for the fixation of
Minimum of new TRCA slab and the next annual increase TRCA in new slabs for other categories of Gramin Dak Sevaks.
shall be allowed after completion of one year's continuous Annexure V
service, form the date of their engagement. INSTRUCTIONS ON FIXATION OF TRCA IN NEW SLABS
6. The same principle shall be adopted for the AND PAYMENT OF ARREARS
fixation of TRCA in new slabs for other categories of The responsibility for Fixation of Time Related Continuity
Gramin Dak Sevaks. Allowance in the new slabs of TRCA approved with effect from
Annexure IV(C) 1-1-2006 rests with Divisional superindent of Post Offices/RMS
ILLUSTRATION FOR FIXATION OF TRCA IN NEW SLAB units for all GDS working under their jurisdiction. In respect of
IN RESPECT OF GRAMIN DAK SEVAK JOINED Gramin Dak Sevaks working in independent units like Gazetted
BETWEEN 1-4-2004 AND 1-1-2006 HOs in charge of Senior Postmaster/Chief Postmaster, the fixation
shall be done by the Sr. PM/Chief PM.
Category of GDS pre-revised TRCA Revised TRCA 2. The respective Authorities shall fix the Time related
w.e.f. 1-1-2006
continuity Allowance of all the Gramin Dak Sevaks working under
GDS Branch Postmaster Rs. 1600-40-2400 Rs. 3660-70-
their jurisdiction with reference to their existing work load, Basic
with work load of more 5760
than 75 points assuming TRCA drawn as on 1-1-2006 and send the names of Gramin Dak
Date of Joining as 1-7- Sevaks with a statement of Fixation of Time related continuity
2004 Allowance as on 1-1-2006 as per given formula and also intimate
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BHARTIYA POST 21 NOVEMBER, 2009
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Grade Pay Travel Entitlements
Officers drawing grade pay of Rs. 10,000/- and above Business/Club Class by air/AC First class by train
and those in pay scale of HAG + and above
Officers drawing grade pay of Rs. 7600, Rs.8700 and Economy Class by air/AC First class by train
8900
Officers drawing grade pay of Rs.5400 and Rs.6600 Economy Class by air/AC II Tier class by train
Officers drawing grade pay of Rs.4200, Rs.4600 and AC II Tier class by train.
Rs.4800
Officers drawing grade pay below Rs.4200 First Class/AC III Tier/AC Chair car by train
BHARTIYA POST 22 NOVEMBER, 2009
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BHARTIYA POST 23 NOVEMBER, 2009
TRAINING FOR DEFENCE ASSISTANTS
ORGANIZED BY NFPE KERALA CIRCLE AT TRIVANDRUM-STUDY MATERIAL
(PREPARED BY SRI. M. C. NAIR, RETD SENIOR SUPDT. OF POST OFFICES, TRIVANDRUM)
1. INTRODUCTION initiated only when the appropriate disciplinary authority
The procedure for Departmental Inquiries is decides. It is also necessary that the disciplinary authority
based on the principles of Natural Justice. The principles should follow the prescribed procedure in CCS (CCA)
of natural justice have been evolved by courts of law Rules, 1965 scrupulously while initiating, conducting and
through judicial pronouncements. concluding such proceedings.
They are: - 5. SUSPENTION
(i) No one shall be condemnend unheard. (1) Suspension is a temporary deprivation of office.
(ii) No one shall be a judge in his own cause. When a Government Servant is suspended he is ordered
(ii) Justice should not only be done, but should not to perform the duties of his office for the period he
manifestly appear to have been done. remains suspended. During the period of suspension
(iv) A clear speaking order. he draws admissible subsistence allowance. Rule 10 of
2. ESSENCE OF GOVERNMENT SERVICE: the CCS (CCA) Rules, 1965 stipulates when and by
The essence of Government service is the whom a Government servant may be placed under
sense of Discipline to which all Government employees suspension, what is deemed suspension; extension of
are subjected and the privileges to which they are entitled. the period of suspension after review, payment of
The Government have evolved two sets of rules covering subsistence allowance, revoking the order of suspension
these two aspects, which mainly related to the employees and reinstating the suspended official into service,
'Code of Conduct' and 'Discipline'. These are the "CCS regularizing the period of suspension etc. Suspension is
(Conduct) Rules 1964 and CCS (CCA) Rules 1965, as not a punishment. But it causes lasting damage to the
far as Gramin Dak Sevak's are concerned "The reputation of the affected official and its stigma is not
Department of Posts Gramin Dak Sevaks (Conduct and easily washed away. Therefore, several instructions and
Employment)' Rules 2001, substituted for both the above guidelines are issued by the Government which are
said two set of rules. These superseded the P&T ED necessarily to be adhered to by the authority concerned,
Agents (Conduct and Service) Rules, 1964. while placing an official under suspension.
3. CONSTITUTIONAL SAFE GUARDS (2) An order of suspension is appealable as per
Article 311 (1) Provides the protection that no Rule 23 (i) of CCS (CCA) Rules.
body subordinate to the appointing authority can dismiss (3) Put-off Duty: Placing GDS employees under
or remove and employee from service. suspension is termed as Put off Duty as per Rule - 12 of
Article 311 (2) Provides protection that no GDS Rules - 2001.
employee shall be dismissed or removed or reduced in 6. DISCIPLINARY AUTHORITY
rank except after an inquiry in which he has been informed Disciplinary Authority has been defined in Rule 2 (g) of
of the charges against him and given a reasonable the CCS (CCA) Rules 1965 as under: -
opportunity of being heard in respect of those charges. "Disciplinary Authority means, the authority
(Read the full text of Articles 311 reproduced in the competent under these rules to impose on a Government
Swamy's Compilation of CCS (CCA) Rules.) servant any of the penalties specified in Rule-11. More
With a view to ensuring strict adherence to these about the Disciplinary Authority such as who are all can
constitutional safeguards specific rules and procedure function as Disciplinary Authority, the circumstances under
have been framed by the Government in the Form of CCS which the appointment of ad-hoc Disciplinary Authority
(CCA) Rules, 1965. No procedural defects in dealing with become necessary, position of officers holding current
disciplinary cases is therefore expected from the different charges, the authorities who can initiate disciplinary
authorities while acting under these rules. proceedings, etc. are specifically laid down in Rule 12
4. DISCIPLINARY PROCEDIDNGS - WHY, WHEN ibid and Government of India instructions there under.
AND HOW? 7. PENALTIES
As already stated, the code of conduct is made There are ten penalties prescribed under Rule
applicable to Government servants, in the form of CCS 11 of the CCS (CA) Rules. Of these, the first five are termed
(Conduct) Rules. Similarly different kinds of rules to as "Minor" penalties and the remain in five are "Major"
regulate the performance of employees in each penalties. The important stipulation for imposing any of
organization under the Government are evolved/ these penalties is that it should be imposed only for "Good
Department/organization. Disciplinary rules are invoked and Sufficient" reasons sand "after following the
when there is violation of these rules. In other words, prescribed procedure laid down in the rules". For imposing
committing an offence in contravention of the rules of one of the minor penalties the procedure prescribed under
conduct is the reason for initiating disciplinary Rule-16 is to be followed. Based on the protection
proceedings against a Government Servant. It will be guaranteed in Article 311 (2), procedure for imposing any
BHARTIYA POST 24 NOVEMBER, 2009
of the major penalties, is laid down in detail, under Rules 10. DIFFERENT STAGES OF MAJOR PENALTY
14 and 15 of the CCS (CCA) Rules. Several clarificatory PROCEEDINGS
illustrative and explanatory instructions have been issued (i) Service of the charge sheet
by the Government, since the inception of these rules as It is obligatory on the part of the appropriate disciplinary
guidelines to all those who are competent to invoke the authority to deliver or cause to be delivered to the Govt.
provisions of these rules. Infringement of any of these Servant a copy of the articles of charges, the statement of
instructions/provisions in the rules can vitiate the orders imputations of misconduct or misbehavior and the list of
issued. documents and witnesses by which and by whom each
7.1 In the case of GDS there are six penalties article of charge is proposed to be sustained. The CGS
prescribed in Rule 9 of GDS Rules. Of these, the first four (Charged Govt. Servant) is required to submit his written
are considered as minor penalties and the last two viz. statement of defence and to state whether he would like
Removal and dismissal as major penalties. to be heard in person. The constitutional requirement is
8. MINOR PENALTY PROCEEDINGS to inform the CGS, of the charges leveled against him
Minor penalty proceedings are generally initiated and not merely communicating them. A mere
in cases of misconduct which are not considered serious. communication without adequate proof of delivery is not
For this, the disciplinary authority informs the Govt. Servant sufficient, and an enquiry, if held without ensuring this,
about the proposal in the prescribed form of would be void being violative of the provisions of
Memorandum together with a statement of imputations Constitution.
of misconduct/misbehavior. The employee gets a chance (ii) Right to inspection of listed documents
to submit his reply representation/explanation. Based on On receipt of the charge sheet the CGS is required to
this, and after considering all the relevant material on submit his written statement of defence within 10 days.
record the final order is issued. Though a detailed enquiry An extension of ten more days time may be sought for,
is not prescribed, in exceptional cases such an enquiry which may also be granted. Submission of a detailed
can also be ordered. In the case of GDS, the same representation is not required at this stage as the same
procedure is adopted for imposing the first four minor seldom gets proper consideration. However Government
penalties. instructions exist for supply of copies of listed documents
9. PROCEDURE FOR IMPOSING MAJOR or at least for giving the change to inspect the documents.
PENALTIES Demanding copies of the listed documents will enable
It is expected that the competent disciplinary the CGS, to get more time for consultations and to
authority will take into consideration all the circumstances formulate his line of defence, even before the
before imposing any of the penalties mentioned in Rule commencement of the inquiry proceedings. Usually
11 and the penalty imposed shall be reasonable. As the copies of Statements and facility to inspect the documents
term 'major' signified , any of the last five penalties affects are provided. If it is denied another representation citing
the Govt. Servant concerned very seriously and the last CVC circular letter No. 1 QDSP3 dated 19.06.87
three put an end to his service it self. Therefore, the Govt./ reproduced below Rule-14 as para 2 of GI instructions
rule makers have incorporated several precautions and No.22 - in Swamy's compilation 33rd edition can also be
protection against any possible incorrect imposition of submitted.
these penalties by misusing the authority. Rule 14 of the (iii) Admission/denial of charges
CCS (CCA) Rules 1965 stipulated that 'no order imposing On receipt of the charge sheet it should be gone through
any of the major penalties shall be made except after an thoroughly. The allegations should be compared with the
inquiry is held as far as may be, possible in accordance documentary evidences and probable depositions of
with the provision of the Rules 14 and 15". This stipulation listed witnesses. Usually the line of defence would be
is in pursuance of the constitutional provision already emerging at this stage, during discussion with the CGS.
discussed. The position as it emerges is that an inquiry In the memorandum itself there is specific caution in para
must be held under CCS (CCA) Rules whenever it is 3 that "and enquiry will be held only in respect of those
proposed to impose not only the last five penalties articles of charge as are not admitted". It is to be borne in
specified in rule 11, but also for imposing any of the mind that any descriptive representation at this stage, in
following penalties: the form of written statement of defence may not be of any
(A) With holding of increments for more than three years. help to the CGS. Only unconditional, unambiguous,
(B) Withholding of increments with cumulative effect for unequivocal and clear admissions, will be accepted.
any period. Therefore, it is always safe and advisable to deny, the
(C) Withholding of increments for any period which is charges at this stage and seek a personal hearing.
likely to affect pension adversely; and (iv) Appointment and functioning of Inquiring
(D) Any case, where the disc authority is of the view that Authority
an enquiry should be held taking into account the The rule as it stands says that "the Disciplinary
circumstances of the case (even in minor penalty Authority may itself inquire into such of the articles of
cases) charge as are not admitted or if it considers necessary to
BHARTIYA POST 25 NOVEMBER, 2009
do so appoint under sub rule (2) and Inquiring Authority GUILTY,
for the purpose". As far as charged Govt. Servant is (C) Whether he has any defence to make.
concerned, he is to satisfy himself, that the appointment In the case of those who are not capable of
is consistent with the principles of natural justice which reading and understanding the charges made in a
enjoin that the person appointed should be impartial, language other than his mother tongue, the IA is required
unbiased and having no personal involvement in the case. to read and explain the charges to the CGS and make
As serving or a retired Govt. Servant or a person from him understand before asking to plead guilty or not guilty.
outside the organization can be appointed as I.A. If the CGS pleads guilty of the Charges unequivocally the
Therefore the person appointed as I.A IA records it and get the signatures of CGS and P.O. as far
(i) Should not be involved in the subject matter of the as CGS is concerned the proceedings of inquiry is over
inquiry in any manner. there. The IA forwards his findings of guilt to the Disc.
(ii) Should not be the complainant Authority. Where the CGS pleads NOT Guilty, or admits
(iii) Should not be biased the charges conditionally or omit or refuses to pleas the
(iv) Should not be witness in the proceedings IA passes the following orders on the same day: -
(v) Should not have expressed an opinion about the (a) Inspect listed documents,
merits of the case; and (b) Submit list of defence witnesses, and to
(vi) Should be sufficiently senior to the CGS. (c) Give a notice for discovery or production of any
As per the proviso to sub rule (2) of Rule 14 "where there documents which are in the possession of Govt. but not
is a compliant of sexual harassment within the meaning included in Annexure III to charge memo.
of Rule 3-C of CCS (conduct) Rules the complaints The IA usually demands submission of the list
committee established in each Ministry/Dept./Office, for of defence witnesses, along with the list of additional
inquiring into such complaints shall be deemed to be documents. It is to be pointed out that no time frame is
Inquiring Authority……" provided for submission of list of witnesses in the rule
(V) Charge of bias against the Inquiring Authority whereas specific time frame is provided in the rule itself,
The instructions are that the application of bias should for inspection of the listed documents and for placing
be moved as soon as the IA has been appointed, and not requisition for additional documents. Without inspecting
after the proceedings are commenced and reached an the listed documents and perusing the additional
advance stage. But is common knowledge that such an documents it may not be possible to finalise the list of
application can be made only when the CGS becomes defence witnesses. The stage of production of defence
aware of the bias. Therefore no hard and fast rule is laid evidence commences only after closing the case for Disc.
down regarding the time when an application of Bias can Authority and stating the defence of CGS as per sub rule
be made. It is advisable to prefer the application of Bias (16). The process of examining defence witnesses is to
immediately when the CGS has evidence or occasions commence after this as per sub rule (17). To overcome
to know about bias due to infirngement of the six condition any possible rejection of additional witnesses at this
stated in para 10 (4) above. A bias petition will have no stage on the plea of non submission of it earlier it is
effect if the inquiry has already been completed. advisable to include a paragraph in the requisition for
Though the I.A is appointed by the disc. Authority, additional documents that "the list of witnesses on
the IA is neither subject to the direction of the Disc. Authority defence side, if any, will be submitted, before submitting
nor has to work under the influence of that authority in the the statement of defence after closure of the case of the
conduct of the inquiring, evaluation of evidence or in disciplinary Authority.
reaching his findings. (7) Engaging Defence Assistant: -
(VI) PRELIMINARY HEARING Su rule 8 (a) provides for the CGS the facility of
The CGS will receive a notice from the I.A to appear before availing assistance of "any other Government servant and
him on the date and time and venue fixed by the I.A. A Sub rule 8(b) for availing of a retired Government servant
maximum of ten days time, from the date of issue of the for defending the charges. Such a person is called
notice will normally be allowed for such appearance. If "Assisting Government servant (AGS)" or "Defence
more time is required, the CGS may request for another Assistant". The service of the nominated defence
date which shall be within another 10 days. Usually the assistant is allowed subject to certain conditions. For
CGS is given the chance to nominate AGS (Assisting Govt. arrangement of legal practioner also there are certain
Servant or Defence Assistant) in the same notice. On the conditions. The charged Govt. Servants should carefully
date of preliminary hearing the CGS shall appear before select an official who is well versed with the rules and
the IA either alone or together with the AGS nominated regulations of the Department and have experience in
already. It is mandatory for the I.A to ask the following conducting Rule 14/Rule 10 cases, in the Department as
questions to the CGS: - his AGS. The role of Defence Assistant starts right from
(A) Whether he received the charge memo. the stage submission of reply to the charge memo and
(B) Whether he pleads guilty to any of the articles of ends only when the case of CGS is closed and the written
charge included in the charge sheet; and if pleading NOT brief is filed.
BHARTIYA POST 26 NOVEMBER, 2009
11. Duties and responsibilities of Defence complete the CGS gets at least 5 days for submission of
Assistant the list of additional documents. Based on the defence
The services of the AGS provided in the Rules is line shaped after detailed discussion with the CGS and
in pursuance of the concept of reasonable opportunity other helpful persons who had association or knowledge
envisaged under Article 311(2) of the Constitution. The of the incidents which led to the issuance of charge sheet,
AGS should be conversant with the procedure of the the details of additional documents which may be relevant
inquiry. He should function as a counsel of the CGS. His to defend the charges should be drawn up in the following
job is delicate. He is required to assist the I.A, by proforma.
presenting, as effectively as possible, the view point of Sl.No. Name/Description Designation Relevancy
the CGS through oral and documentary evidences. The of the document and Address
defence assistant should not obstruct or hinder the of the
proceedings in any way as it is likely to create adverse
reaction in the mind of I.A. It is advisable not clash with
Custodian
the presenting officer, except on technical or other 1 2 3 4
grounds that have the effect of prejudicing the case of the Care should be taken to give complete and full
charged official. In order to succeed in his mission, description of the document and full detaisl of the
following guidelines may be of use to him. custodian/probable custodian. Detailed defence line
(a) Studying the charge sheet and all the documents need not be given while stating the relevance of the
attached to it:- document. It should be stated how it is useful for defence,
The defence Assistant should thoroughly study with reference to article of charge or the line of defence to
the charges imputations and the documentary evidences be taken. A lot of thinking and home work is inevitable,
available. Securing the copies of statements etc before before submission of the application for the discovery or
submission of written statement of defence will enable production of additional documents. A copy of the
the CGS and AGS to find out various aspects of the case application should be given to P.O. also. The application
and formulate a possible line of defence. In addition, the should also include such of the documents as are in the
orders appointing I.A and P.O. should be carefully examined possession of the CGS and which he proposes to
to find out technical or legal flaws if any, and to find out produce in his defence indicating relevancy of such
whether the Deciplinary Authority has jurisdiction. All documents. This is the stage to do so, as such of the
Factual statements should be checked for veracity and to documents are proposed to be brought in later, these will
formulate an opinion about the anticipated oral evidence be treated as new evidence.
that may be emerged from the listed witnesses and its (d) Allowing additional documents-restrictions:-
counter points. The AGS, after studying the charge sheet It is to be noted that the right to access of the
should plan his strategy of defence in consultation with documents with Govt/department is not unlimited. The
CGS. demanded documents can be refused on the ground of
(b) Inspection of listed documents:- irrelevant to charge and defence, or not desirable in public
Along with the CGS, all the listed documents interest. While disallowing and refusing requisition the IA
should be inspected one by one. Copies of all the is expected to state the reason for refusal 'which should
statements should invariably be secured and photocopies be descriptive enough to indicate the working of the mind
of all other documents, wherever possible should be of the IA. Mere expression as "irrelevant" will not meet the
obtained. In other cases, extracts should be taken. While requirements. Even after allowing the documents by I.A
examining each of the documents points are to be noted the custodian can refuse production on the pleas of public
for future reference. The points which need clarification interest, security of state etc. Further, documents such as
should be sought from CGS/PO/IA. Normally the base for preliminary enquiry report (where there is no reference to
an effective defence would emerge when the inspection it in the charge sheet) file dealing with disciplinary cases
of listed documents is completed. It is the usual practice (being confidential) advice of CVC (being confidential)
that the Disc authority produce only the written statements and character Roll can be denied. However, the following
of witnesses which support the charges. There would be documents are admissible :-
more statements and other documents collected during (i) A Copy of FIR
preliminary investigation. The details of such left out (ii) Report of preliminary enquiry if it is referred to in the
statements/records could be known either from the statement of imputation.
inspected documents or elicited from casual enquiries (iii) Copies of statements of listed witnesses.
with CGS/PO/IA or by carefully reading the imputations, (iv) Copy of report on which charges are based.
AGS should not agree for marking the undisputed (v) Any documentary or oral evidence which forms the
documents and taking them as evidence, before basis for the charge sheet.
inspection of additional documents. As in the case of listed documents, the additional
(c) Placing requisition for additional documents:- documents requisitioned should also be produced for
When the inspection of listed documents is inspection and copies wherever sought for, supplied.
BHARTIYA POST 27 NOVEMBER, 2009
Marking of both listed and additional documents can now P.O. Unless these are proved, there is no obligation on
be allowed in respect of undisputed documents. With the CGS to prove his innocence. There are serveral court
regard to disputed documents and statements of orders to the effect that "the charge is to be proved against
witnesses, these can be marked only after identification the CGS and it is not for him to absolve himself of the
by the witness concerned. charge". During examination of witnesses by P.O., the
(d) Defence Witness :- written statements will be accepted as evidence, if the
At this stage, if the IA insists for submitting the contents are admitted fully. If partially admitted, the oral
list of defence witness, further prolonging it need not be evidence, should be recorded afresh. The examination
demanded, since the defence will have the idea of their by the party on whose behalf the witness appears is called
witness. List may be submitted in the prescribed proforma, examination in chief. During examination in chief leading
explaining the relevance to defence and the points questions cannot be asked. However, the IA can allow
proposed to be proved through each witness. The such questions with a view to reveal an accepted fact.
charged officer can offer himself as a defence witness A leading question has been defined in Section
for self examination, in which case he is liable to be cross 141 of Indian Evidence Act as under :
examined by the P.O. Therefore abundant precautions "Any question suggesting the answer-which the
are necessary, while offering CGS for self examination. person putting it wishes or expects to receive, is called a
(f) Recording of evidence :- leading question"-
Examination of witnesses, departmental as well Eg: "Did you see 'A' holding a knife with a black
as defence, and recording evidence is the most important coloured handle when you met him"?
in the enquiry proceedings. On completion of the stage of It will not be a leading question, if asked as "What
preliminary hearing, ie. when the CGS afforded an was 'A' holding when you met him'?
opportunity to accept or deny the charges, inspect the Cross examination - its importance, scope and
listed documents, requisition and inspection of additional purpose:-
documents and to submit the list of witnesses the stage Cross examination of witnesses is a most
is set for recording of evidence in the departmental valuable right of the accused and denial of this right would
enquiry. Section 3 of Indian evidence Act defines evidence vitiate the inquiry. This is a right implicit in the concept of
as follows:- reasonable opportunity enshrined in Article 311(2) of the
(i) All statements which the I.A permits to be made Constitution. The basic purpose is to impeach the
before it by witnesses, in relation to matters of fact under accuracy creditability and general value of the witness
enquiry such statements are called oral evidence. the detect and expose discrepancies or to elicit
(ii) All documents produced for the inspection of suppressed facts, which will support the case of the cross
the I.A such documents are called documentary evidence. examining party and which have been spoken of during
These are two types of basic evidence. Tape examination in chief by the witness. Before commencing
recorded evidence and entries in the books of accounts to cross examine, the Defence Assistants should try to
etc are also admissible evidence in a departmental understand the witness and questions framed in such a
enquiry. Both these oral or documentary evidences can manner, that the probable answers should not result in
be any of the following three kinds. disadvantage to the defence. Cross examination need
(i) Material evidence or direct evidence not be confined to the deposition of the witness during
(ii) Circumstantial evidence : and his examination in chief. Questions on all aspects of the
(iii) Hearsay evidence. allegations against the CGS, with the only restriction that
Notices to the witnesses, both department and the same are relevant to the subject matter of the charges
defence should be issued by the I.A. However their or to the defence of CGS or relate to the credibility of the
attendance may be ensured by the P.O/CGS. On the date witness. Following types of questions may be asked:-
fixed for regular oral inquiry evidence by which the articles (i) relating to relevant facts
of charge are proposed to be proved shall be produced (ii) to test his veracity
by on behalf of the diciplinary authority first. Unilateral (iii) to discover who he is and what is his position
dropping of listed witness should be challenged on the in life.
ground of specific provisions in Sub rule 14 and the denial (iv) to shake his character
of opportunity to cross examine the witness. (v) relating to the previous statement.
(g) Examination, cross examination, re-examination of However, questions which appear to the IA to be
witnesses:- intended to insult or annoy or needlessly offensive in form
As per the provisions of CCS (CCA) Rules the are to be avoided as the IA may not allow them.
state witnesses or prosecution witnesses, are to be Re-examination :-
examined first as the burden of proof of the allegations After the cross examination, reexamination by
contained in the charge sheet lies on the disc authority/ the other side is permissible to clarify any new points
India's department of posts (DoP) is set to use Sanchay Post developed internally, but it has lived
spend up to $1 billion on its IT-led business revamp its life."
over the next five years with top tech firms like IBM, TCS, A consultant, to be finalised by this month end,
Infosys and Wipro pursuing several outsourcing will help India Post decide whether to continue upgrading
contracts for helping the postal department automate its in-house developed software applications such as
and integrate its business processes with a standard Meghdoot or switch to more sophisticated software
software solution DoP, which has already short-listed platform from SAP or Oracle. An enterprise resource
Accenture, Ernst &Young, KPMG, McKinsey and PwC as planning (ERP) software from SAP or Oracle will help
potential consultants for this project, will be announcing the department standardise its different business
one of them as partner for selecting a tech vendor and processes without having to dedicate internal resources
also defining the scope of 3-5 year IT revamp by end of for deployment and maintenance.
this month. DoP will select different vendors for system Apart from several outsourcing, system
integration, software , data centres and network integration projects, the department will also need to
management. invest in procuring computer hardware systems for
"We plan to select a consultant by the month modernisation of around 1.55 lakh post offices across
end, flesh out budget by March next year, and start rolling the country. "The government is now looking at post
out the project from April," said a senior DoP official on offices as a vehicle for distribution for different services,
conditions of anonymity. "Initially we were only looking at and therefore, it's critical for us to upgrade the
an IT revamp, but the scope is much bigger now with infrastructure," said another government official involved
business process reengineering becoming a significant with India's National Rural Employment Guarantee Act
part of this entire exercise," he added. The department (NREGA).
was allocated around Rs 2,000 crore under the eleventh At a time when India's government departments
plan by India's Planning Commission recently for different and state-owned enterprises such as BSNL, ONGC and
IT investments. other ministries are seeking to become more efficient
DoP's IT revamp is a classic example of old, with the help of technology , vendors such as IBM, TCS,
legacy systems and software applications being unable Infosys and Wipro are seeing newer opportunities
to cope with rising operational pressures and newer emerge even during a global slowdown in software
business models. The department has been using spending.
software applications such as Meghdoot developed in- According to the experts tracking this sector,
house for over a decade. With the government seeking Indian government organisations such as India Post,
to evolve DoP as a well diversified services provider Indian Railways and other departments including LIC
offering postal, insurance and financial solutions across will spend around $2 billion on information technology
remote parts of the country, there is a need to upgrade this year, as the government's share of total IT spend in
the systems. India is set to cross 10% over next two years.
Our Meghdoot software for instance, is not yet "The government has changed its buying
upgraded to work in a wide area network (WAN) strategy-now the tenders are talking about revenuedriven
environment. We will need to take a call about whether models," said HR Binod, head of Infosys' India business
we should upgrade the existing software or go for a new unit, which was established in November 2007. "We are
packaged application from a company such as SAP, also approaching these opportunities with a business
Oracle," the DoP official added. The department will also solution and not merely a technology solution," he added.
need a new corebanking software solution. "We currently Economic Times : 25.08.2009