Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties

 

No. 11012(4)/2008-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block,
New Delhi,
Dated the 20th March, 2008

OFFICE MEMORANDUM

Subject: Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.

Sir,

The undersigned is directed to refer to the Department of Personnel and Training’s O.M. No. 11012/7/98-Estt. (A) dated 07.11.2000 (copy enclosed) on the above mentioned subject and to say that the Election Commission have observed that the Governments in many cases do not initiate proceedings promptly against Government servants on the Commission’s recommendations.

2. As per the aforementioned O.M. dated 07.11.2000, disciplinary action against officers, staff and police personnel deputed on election duties shall be governed by the principles and decisions agreed to between the Union Government and the Election Commission and as recorded by the Hon’ble Supreme Court of India in its Order dated 21.09.2000 in Writ Petition (C) No 606 of 1993 (Election Commission of India vs. Union of India and Ors.). The terms of settlement were as follows :-

“The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to —

(a) Suspending any officer/official/police personnel for insubordination or dereliction of duty;

(b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct;

(C) making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission’s recommendations;

(d) the Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.”

It has been brought to the notice of this Department by the Election Commission of  India that in many cases the Governments concerned do not initiate promptly disciplinary action against the delinquent officials as recommended by the Commission as envisaged in the aforesaid agreement.

3. The instructions issued in terms of the DOPT’s CM. dated 07.11.2000 are, therefore, reiterated and it is emphasized that the terms of settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules. The recommendations of the Election Commission made to the Competent Authority for taking disciplinary action for any act of insubordination or dereliction of duty while on duty shall be promptly acted upon by the disciplinary authority and action taken should be communicated to the Election Commission within a period of six months from the date of the Election Commission’s recommendations.

4. All Ministries/Departments are requested to bring the aforementioned Terms of Settlement and the contents of para 3 above to the notice of all concerned for information and compliance.
Yours faithfully,

(P. PRABHAKARAN)
Deputy Secretary to the Government of India

Original pdf-http://persmin.nic.in/WriteReadData/Estt/11012_4_2008-Estt.(A).pdf

PERMISSIONS FOR TREATMENT IN PRIVATE CGHS EMPANELLED HOSPITALS CENTRES

 

1.	From where can I get the Specialist consultation as I am suffering from Diabetes and heart disease	Either the Visiting Specialist in WC ( by Appointment ) Or In CGHS Wings of Safdarjang Hospital and Dr. RML Hospital in Delhi Or Specialists of any Govt. Organizations in Delhi and other cities Or Specialists of Pvt Empanelled Hospitals of satellite towns in NCR region upon referrals by CMO I/c of WC
2.	I am entitled for Direct Consultation and Nursing Home facility at Govt Hospitals, Can I go directly for consultation at Govt. hospitals	Yes with prior appointment
3.	I am entitled for Direct Consultation and Nursing Home facility at Govt Hospitals, Can I go directly for consultation at pvt empanelled Hospitals	No. Except the Specialists of Pvt Empanelled Hospitals of satellite towns in NCR region upon referrals by CMO I/c of WC
4.	In emergency who are all entited to get treatment at Pvt Empanelled Hospital	Any beneficiary holding a Valid CGHS card.
5.	Do I get treatment on credit in emergency at Pvt empanelled Hospital?	Yes, on production of Valid CGHS card
6.	I want to get my Cataract Surgery done at Pvt empanelled hospital ? How can I get it done	Get a Govt. Specialist advice Pensioners to Apply to CMO I/c of WC for permission Serving employees to apply to Head of Deptt. of office
7.	Can I get permission for any Pvt Hospital of my choice?	Yes, provided the Hospital is empanelled for that particular procedure.
8.	How to know which Hospital is empanelled for what purposes / facilities?	Information is available on CGHS Website and on Notice boards of all CGHS WCs
9	Is there any updated Govt. publication on CGHS facilities available for sale?	Not at present
10	Is it necessary that the Govt specialist should write ”referred to CGHS empanelled Hospital “for obtaining permission	No
11	I am a serving CGHS beneficiary. Can I get treatment on credit at Pvt. empanelled Hospital in emergency?	Yes

 

12.	Incharge does not refer me to Pvt Hospitals on my request?	As per CGHS guidelines OPD referrals are not permissible except in satellite towns of NCR
13.	I am a serving beneficiary. Can I get treatment on credit in non-emergency on producing permission from my office?	No. You will have to make payment and claim reimbursement.
14.	Is cost of implants reimbursed?	Yes.As per ceiling fixed by the Govt.
15.	Can I opt for better implant by meeting extra cost over and above the ceiling? If yes,how?	Yes,you can.you will have to give an undertaking to the Hospital to that effect.
16.	As a serving beneficiary making payment for my treatment at Pvt.empanelled Hospital.Do I get any rebate while paying the bill?	Yes. The hospital will allow 5°h rebate on the bill.
17.	Can I get advance from my office for treatment in Pvt Hospital as I have obtained permission on the recommendation of a Govt specialist?	Yes. You can apply for 90% of the package rates as advance.
18.	I am a CGHS Pensioner beneficiary receiving treatment in AIIMS It is a Govt. institute, Still I have been asked for payment in advance Will CGHS give me advance	Yes 90 % advance is given Apply through CMO i/c with an estimate from Treating Doctor and all relevant documents
19.	I am entitled for Private ward facilities. The hospital has charged l5% extra for investigations even though the investigations are performed on OPD basis. Is this correct?	No. Charges for investigations are same for all categories whether investigated as In patients or Out patients.
20.	The Pvt empanelled Hospital ask me to make payment even in an emergency. what to do?	Do not pay Make a complaint to AD I JD of the city
21.	I suffered a fall .1 suspect a fracture.Can I go to a diagnostic center in an emergency for x- ray?	In emergency you are expected to seek treatment in a hospital which also has diagnostic facilities.
22.	I am an acredited journalist with CGHS Card Can I seek treatment in Pvt empanelled Hospitals in emergency and get credit facility?	No. Journalists are entitled only for OPD treatment from dispensaries and treatment from Dr.RML Hospital. Journalists are not entitled for reimbursement and are not entitled for treatment from empanelled hospitals.
23.	The specialist recommends me to go a particular Pvt hospital but it is too far from my residence. Can I go to a nearby empanelled Hospital?.	Yes. Specialists are expected only to advice a specific line of treatment and are not authorized to refer to any identified centre. The choice of the Hospital is of the beneficiary.

 

24.	I am a serving employee of an autonomous body ,holding CGHS card. who will give me permission for treatment on the recommendation of Govt specialist?	Office of the serving employee.
25.	I am a pensioner beneficiary of an autonomous organization, having valid CGHS card. Can I obtain permission for treatment at Pvt Hospital from CMO I/c of wellness center?	No. Pensioners of autonomous organizations will be granted permission by their respective offices.
26	I am a pensioner beneficiary of Kolkata. In case of emergency, can I get treatment on credit at any empanelled Pvt Hospitals in other CGHS cities when I am on a visit to such city	Yes.
27.	I want to take treatment in a non-empanelled Hospital of my choice for my planned surgery, recommended by Govt specialist Can I get reimbursement at CGHS rates.?	Permission is granted only for empanelled hospitals. No reimbursement is allowed for taking planned surgery in a non-empanelled hospital.
28.	In case there is no CGHS prescribed ceiling for an implant, what is the cost reimbursable in such a case?	As per actual.
29.	There is no facility for the treatment advised by Govt specialist in Pvt ernpanelled Hospital in the CGHS city I am residing. Can I get T A for travelling to and fro for my treatment at nearby CGHS city?	Yes. TA is admissible to the nearest CGHS city only when treatment facilities are not available in city of residence.
30.	I am denied treatment at CGHS rates and on credit in emergency in a Pvt empanelled Hospital as I did not carry my card. Is this correct?	Yes, Facilities under CGHS at Pvt empanelled Hospitals are available to the beneficiaries on production of a valid CGHS card.
31.	I have been advised Dentures by Govt Hospital Dental Surgeon Will CGHS provide me	Apply to AD / JD of city through CMO I/c of WC Submit Photocopies of Valid CGHS Card & Specialist Advice Permission shall be granted for dentures @ Rs. 2000 / max. and submit the medical claim for reimbursement
32.	I was advised Cataract surgery by Govt. specialist. I took permission for pvt. Empanelled	Reimbursement shall be made as per CGHS rates Rates are available on CGHS Website.

http://mohfw.nic.in/writereaddata/cghsdata/mainlinkfile/File119.pdf

Central Civil Services (Classification, Control and Appeal) Rules, 1965 —Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant along with the final order of penalty.

No. 11012/10/2007-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block,
New Delhi — 110001.
Dated the 7th January, 2008.

OFFICE MEMORANDUM

Subject : Central Civil Services (Classification, Control and Appeal) Rules, 1965 —Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant along with the final order of penalty.

The undersigned is directed to refer to the provisions of rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and to say that the nature of consultation with the Union Public Service Commission (UPSC) and the manner of communication of the advice of the UPSC to the delinquent Government servant have been subject matter of litigation in some cases in CAT/High Courts etc. The questions raised from time to time are whether consultation with the UPSC under Article 320 (3) (c) of the Constitution is mandatory and binding on the appropriate authority; and whether a copy of the UPSC’s advice should be furnished to the Charged Officer before the order imposing a penalty is issued. The Hon’ble Supreme Court of India has finally decided the matter in its judgment dated the 19th April, 2007 in Civil Appeal No. 2067 of 2007 (Union of India and Another vs. T.V. Patel).
2. In the above judgment, the Hon’ble Supreme Court referred to the cases of State of U.P. vs. Mandbodhan LaI Srivastava (Constitution Bench of the Hon’ble Supreme Court) [1958 SCR 533] and Ram Gopal Chaturvedi vs. State of Madhya Pradesh (three Judge Bench) [1969 (2) 5CC 240] and did not agree with the contentions on behalf of the respondent that non-supply of a copy of the advice tendered by the UPSC before the final order was passed deprived the delinquent officer of making an effective representation and that it, therefore, vitiates the order The Hon’ble Supreme Court held as follows :-

“In view of the law settled by the Constitution Bench of this Court in the case of Srivastava (supra) we hold that the provisions of Article 320(3)(c) of the Constitution of India are not mandatory and they do. not confer any rights on the public servant so that the absence of consultation or any irregularity in consultation process or furnishing a copy of the advice tendered by the UPSC, if any, does not afford the delinquent government servant a cause of action in a court of law.”

3. The judgement of the Hon’ble Supreme court in the case of S.N. Narula vs. Union of India and others [SLP(c)12188/2003], on the facts and circumstances of that case apparently did not lay down any law. Whereas in the later judgement in T.V. Patel’s case delivered on 19.4.2007, the Appex Court has laid down law relying on two earlier decisions of the Apex Court, one of the Constitution Bench and another of a three Judge Bench. In view of the judgment dated 19.04.2007 of the Hon’ble Supreme Court it is clear that the Disciplinary Authority is not required to furnish a copy of the advice tendered by the Union Public Service Commission to the Charged Officer before the final order of penalty is passed.

4. All Ministries/Departments/Offices etc. are, therefore, requested to comply with the existing provisions of CCS(CCA) Rules, 1965 and bring the contents of this O.M. to the notice of all concerned for adopting a uniform stand and to make serious efforts to get the litigation cases on this subject disposed of by the various courts on the basis of the law laid down by the Hon’ble Supreme Court in the judgements referred to in the preceding paragraphs.

(P. Prabhakaran)
Deputy Secretary to the Government of India

Original pdf