Tuesday, 11 November 2014

Aadhaar Number Made Mandatory in Central Government Employees’ Service Books

Aadhaar Number Made Mandatory in Central Government Employees’ Service Books

On November 3, the DOPT issued an order regarding the adding of Aadhaar Number in the Service Books of Central Government employees. The order also contains certain important instructions in the rules and regulations regarding the Service Book.

According to Rule SR-202, every year, the Head of Office has to get signatures from all the employees affirming that their Service Books have been updated.

According to Rule SR-199, all the work-related remarks and notes of the employee have to be recorded in the Service Book. Each remark and note has to be attested by the senior officer.

According to Rule No. 32 of the CCS (Pension) Rules, 1972, all the employees who have completed more than 18 years of service will have to be informed of the retirement and pension benefits.

The Order adds that the Service Book must also contain information like the employee’s biodata, posting details, qualifying service, security details, HBA, CGHS, CGEGIS, LTC claims, etc.

And now, all the Ministries and Departments have been asked to add the Aadhaar Numbers of the employees to their Service Books.

Service Record book have to be created for an employee on the day he/she join duty. Each employee must be given a copy of his/her Service Book. In case of misplaced, for additional set of copy, the employee has to pay a fee of Rs.500. The Service Book must also contain important details of his/her life, like the employee’s marriage, children, death and address.

Why should Aadhaar Number be added to the Service Book?

Central Government offices in Delhi now have Biometric Attendance system. The Government has plans to implement this system all over the country. The first step in this ambitious plan is to add the Aadhaar Number to the Service Books.

Names are creating confusions ensue due to same initial, dates of birth and other such details. This could be avoided if each person is given his/her unique identification number. All the details about the employee can be easily gathered from the number alone.

In future, Aadhaar number becomes more important than a person’s name!

Source : 7thpaycommissionnews

Sunday, 9 November 2014

CGHS EMPLOYEES ASSOCIATION MEETS 7TH PAY COMMISSION

CGHS EMPLOYEES ASSOCIATION MEETS 7TH PAY COMMISSION

All India CGHS Employees Association had a meeting with the 7th Pay Commission on 8th November 2014. During this meeting the delegation led by Shri Francis Ellis Secretary General raised the common issues of Administrative Staff viz. Upgradation of Grade pay of LDC to Rs 2800, Granting of MACP on Promotional Hierarchy etc.

All other Associations, inviting to meet the 7th Pay Commission are requested to please bring the Grade Pay issue of LDC/UDC and MACP issue before the Pay Commission in its own importance.

The photo of CGHS delegation with Pay Commission is placed below:

Source: http://aiamshq.blogspot.in/2014/11/cghs-employeesassociation-meets-7-th.html

Saturday, 8 November 2014

Aadhaar Enabled Biometric Attendance System for Railway employees – Railway Board Orders

Aadhaar Enabled Biometric Attendance System enrolment process, all the Section Officers are responsible for enrollment of staff, including MTS and others working under them and the officers of the level of Under Secretary/Deputy Directors and above may enrol themselves on the website on their own.


Government of India
Ministry of Railways
(Railway Board)

Office Order No. 66 of 2014


Sub: Enrolment for Aadhaar Enabled Biometric Attendance System (AEBA)

Hon’ble MR has directed that all personnel of the Ministry of Railways, Rail Bhavan (including those located at Pragati Maidan) shall enroll on the Aadhaar Enabled Biometric Attendance System.

2. In this regard, the spadework for enrolment on the system has been completed by the C&IS directorate and the system is now ready to be used for user enrolment.

3. It is now required that all the personnel of Ministry of Railways working In the offices of Rail Bhawan and Pragati Maidan are to enroll themselves afresh directly on the website http://attendance.gov.in/regester/employee

4. For the said enrolment process, all the Section Officers are responsible for enrollment of staff, including MTS and others working under them and the officers of the level of Under Secretary/Deputy Directors and above may enrol themselves on the website on their own. After registration, all EDs shall forward a list of the personnel enrolled n their Directorate giving the information to C&IS through email as per annexure in a spreadsheet via email. Officers above the level of SAG may send their report directly through their PPS/Sr.PPS/PSO.

5. The detailed process for enrolment is enclosed which may be followed while enrolling. The said process of enrolment of all officers/staff under AEBAS should be completed latest by 18.10.2014 (Saturday).

6. For any clarification/ assistance, the following personnel of the Railway Board Computer Centre may be contacted:

1. Sh. Krishan Kant, Programmer, Cell No. 9717635888

2. Sh. Navneet Kr Saxera, Sr Programmer, Cell No. 9717 647095

3. Sh. Akhilesh Misra, Dir. Mech Engg (C&IS), Cell No. 9717640768

2014/O&M/9/3
Dated: 15.10.20 14

sd/-
(K.Krishnan)

Joint Secretary/Railway Board

Source: http://www.indianrailways.gov.in/railwayboard/uploads/directorate/secretary_branches/pdf/om/Aadhar_Card_161014.pdf

Friday, 7 November 2014

COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC

COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC

The CIC Prof M Sridhar Acharyulu held on 3rd November 2014 that ‘charge-sheet’ has to be disclosed after separating non-disclosable portions, if any, as per restrictions prescribed under RTI Act. Ms. Usha Kanth Asiwal sought to know from Director of Vigilance Delhi, details of complaint made to Anti Corruption Bureau on 25-04-2001 and inquiry leading to registration of case against 13 persons under Prevention of Corruption Act, which is now under prosecution in Tis Hazari Courts. She sought 22 point information, which broadly relate to contents of the Charge-sheet.

The PIO denied the information u/s 8(1)(h) of the RTI Act claiming disclosure would impede investigation or prosecution. The First Appellate Authority upheld the decision of the PIO. She approached the Commission in second Appeal. Though demand was not for copy of charge-sheet, the appellant agreed that a copy of charge-sheet would answer his application. Then issue before the Commission was whether charge sheet was public document, and if so could that be shared under RTI Act with any citizen.

CIC Prof Sridhar Acharyulu explained: ‘The charge sheet is a report held by the investigating officer, or public authority or court of law. As per the RTI Act, any information held by the public authority can be accessed by the citizen subject to the exceptions provided under Section 8. Because the charge-sheet contains the evidence which need to be adduced in the court of law, there is a possibility of opening up many details which could be personal or private or confidential. If the allegation requires to be proved by call data, the charge sheet refers to sheets of call data, which surely contain call details unrelated to allegation. That could be private information need to be protected. Hence each charge sheet has to be separately examined and only after separating unnecessary and unrelated details of evidence, and only required and permissible information out of chargesheet should be disclosed. Thus Charge-sheet can neither be prohibited enbloc from disclosure nor disclosed totally. Charge-sheet is a document held by concerned authority, which has to examine disclosable aspects vis-a-vis Section 8 and 9 of the RTI Act and then decide the case’.

As per the Criminal Procedure, the charge-sheet is the end product of investigation. With filing of charge-sheet, the investigation is closed and defense that investigation might get impeded does not stand at all. Whether revealing the information impedes apprehension or prosecution is the next question. The Respondent authority did not even raise this point and did nothing to explain the Commission about possibility of impeding apprehension/prosecution by disclosure. The Public Authority just mentioned the section number and did nothing else. The First Appellate Authority also did not apply the mind and chose not to give any reasons for upholding the denial by PIO. The exemption of larger public interest provided in Section 8(1) is not available to this clause (h). Thus it has to be decided on facts whether disclosure of charge-sheet will really obstruct investigation, apprehension or prosecution. The judgment of the Delhi High Court in W.P.(C) No.3114/2007 – Shri Bhagat Singh Vs. Chief Information Commissioner & Ors on this aspect is of relevance, since it deals with the applicability of the Section 8(1)(h) of the RTI Act 2005: S Ravinder Bhat J specifically notes, “As held in the preceding part of the judgment, without a disclosure as to how the investigation process would be hampered by sharing the materials collected till the notices were issued to the assessee, the respondents could not have rejected the request for granting information. …”

It can be inferred that there is no specific provision anywhere prohibiting the disclosure of charge-sheet and if there disclosure does not affect investigation or prosecution it can be permitted under RTI, unless there is a public interest against disclosure. The chargesheets containing charges under Prevention of Corruption Act, especially against public servants, need to be in public domain, in public interest.

Citing several decisions the CIC said: There is no specific provision under any law which state that charge-sheet is a public document, but there are several judgment of the Supreme court and High court which clarify that charge sheet is a public document. Queen-Empress v. Arumugan and Ors ( (1897) ILR 20 Mad 189) has held that any person has an interest in criminal proceeding has a justify to inspect under section 76 of the Indian Evidence Act. In N David Vijay Kumar v The Pallavan Gram Bank, Indian Bank in File No. CIC/SG/A/2012/000189 CIC Mr Shailesh Gandhi ordered disclosure of Charge sheet ruling out the contention of exemption under Section 8(1)(j).

On the perusal of the RTI application, the Commission found that the information sought by the applicant are the part and parcel of the information contain in the charge-sheet prepared after the completion of the investigation under section 173 of Cr. P. C. The purpose of the appellant will be served if the copy of the same would be provided to the appellant. The respondent authority also agreed to provide the copy of charge sheet.

Considering the provisions of Cr.P.C., Evidence Act, RTI Act, erudite judicial pronouncements, certain transparency practices in CVC, facts and circumstances of the case and contentions raised, the Commission holds that the charge sheet is a public document and it shall be disclosed subject to other restrictions provided under RTI Act. There cannot be a general hard and fast rule that every charge-sheet could be disclosed or should not be. Each RTI request for copy of Charge-sheet required to be examined and only permissible part should be given. The Commission, hence, directed the respondent to examine the content of charge-sheet and to provide appellant/… the copy of those portions of charge-sheet, which would answer the queries raised by appellant in his RTI application, within 3 weeks from the date of receipt of the order.

Source : http://confederationhq.blogspot.in/

Eligibility of Old Pension Scheme to Substitutes who attained temporary status prior to 01.01.2004 – Railway Board clarification order

Applicability of Old Pension Scheme to Substitutes who attained temporary status prior to 01.01.2004 but regularized after 01.01.2004 – clarification regarding.

RBE No, 121/2014

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. 2012/F(E)III/1(1)/2

New Delhi, Dated: 29.10.2014.

The GMs/FA&CA0s,
All Indian Rauways/Production Units.
(As per mailing list)

Subject: Applicability of Old Pension Scheme to Substitutes who attained temporary status prior to 01.01.2004 but regularized after 01.01.2004 – clarification regarding.

The issue of coverage of substitutes who had attained temporary status prior to 01.01.2004 but regularized after 01.01.2004 under Old Pension Scheme, has been raised by both the recognized Federations (AIRF & NFIR) under PNM/AIRF item No.05/2012 and PNM/NFIR item No.15/2011 respectively. The issue has also been raised under DC/JCM (Railways) item No.20/2012.

2. The issue has been examined by Board and it has now been decided that substitutes who got temporary status prior to 01.01.2004 but regularized/absorbed after 01.01.2004 and after regularization, if the date of appointment is prior to 01.01.2004, in terms of provision of Board’s letter No.E(NG)ll/90/SB/Master Circular dated 29.01.1991(M.C. No.20/91) and para 6 of letter No.E(NG)11/2008/SB/SR/15 dated 17.09.2010, then they may be covered under Old Pension Scheme.

3. Further, the employee and employer contribution of the NPS corpus of the Substitutes, mentioned in para 2 above, who so far have been covered under the National Pension System (NPS) may be adjusted in terms of the instructions contained in Board’s letter No.2010/AC-II/21/18 dated 31.03.2014(RBA No.5/2014)

Please acknowledge receipt

(Amitabh Joshi)
Deputy Director Finance (Estt.)III
Railway Board
Deputy Director Finance Esft.)III
Railway Board.

Source: AIRF

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