Q.No.1.-Information regarding status of a disciplinary case in the Commission ?
Ans.- As disciplinary proceedings are quasi-judicial in nature as such information from the date of receipt of a case in the Commission, till final rendering of advice by the Commission, cannot be shared. Further, it is upto Disciplinary Authority to either accept or not to accept the advice rendered by the Commission.
Ans.- As disciplinary proceedings are quasi-judicial in nature as such information from the date of receipt of a case in the Commission, till final rendering of advice by the Commission, cannot be shared. Further, it is upto Disciplinary Authority to either accept or not to accept the advice rendered by the Commission.
Q.No.2. - Request by the charged officer or a third party for providing a copy of advice letter issued by UPSC?
Ans.- As per the rules the copy of the advice letter is to be given by the department/disciplinary authority to whom the advice letter is forwarded and the concerned authority under the RTI would be the concerned department/disciplinary authority.
Ans.- As per the rules the copy of the advice letter is to be given by the department/disciplinary authority to whom the advice letter is forwarded and the concerned authority under the RTI would be the concerned department/disciplinary authority.
Q.No.3. - Normally, how much time UPSC takes to conclude the process of examination and deciding the quantum of penalty on the disciplinary cases referred to it for its advice?
Ans.- Disciplinary proceedings being quasi-judicial in nature require consideration of all the relevant facts and documents sent by the Ministry. In case all the required documents are provided, the Commission endeavors to render its advice generally before six months.
Ans.- Disciplinary proceedings being quasi-judicial in nature require consideration of all the relevant facts and documents sent by the Ministry. In case all the required documents are provided, the Commission endeavors to render its advice generally before six months.
Q.No.4. - Constitutional obligation under which, the disciplinary authority sends disciplinary cases to the Commission?
Ans.- In terms of the provisions of Article 320 (3) (c) of the Constitution of India, read with Regulations 5 (1) of UPSC (exemption from consultations) Regulations 1958, UPSC is required to be consulted on all disciplinary matter affecting a person serving under the GOI or the Govt. of State in Civil capacity including memorials or petitions relating to such matters.
Ans.- In terms of the provisions of Article 320 (3) (c) of the Constitution of India, read with Regulations 5 (1) of UPSC (exemption from consultations) Regulations 1958, UPSC is required to be consulted on all disciplinary matter affecting a person serving under the GOI or the Govt. of State in Civil capacity including memorials or petitions relating to such matters.
Q.No.5. - Can UPSC recommend imposition of major penalty when disciplinary authority has sought advice of UPSC for imposition of minor penalty or vice versa?
Ans.- The disciplinary proceedings are quasi-judicial in nature and the Commission have to consider all the relevant records and rules before tendering their advice. The Commission tender advice after independent assessment of the case. However, the disciplinary authority is not expected to express any opinion regarding the penalty to be imposed. Advisory jurisdiction of the Commission in tendering advice on comprehensive consideration of the records is not limited or restricted/circumscribed in any manner.
Ans.- The disciplinary proceedings are quasi-judicial in nature and the Commission have to consider all the relevant records and rules before tendering their advice. The Commission tender advice after independent assessment of the case. However, the disciplinary authority is not expected to express any opinion regarding the penalty to be imposed. Advisory jurisdiction of the Commission in tendering advice on comprehensive consideration of the records is not limited or restricted/circumscribed in any manner.
Q.No.6. - Whether there are any guidelines on recommending the quantum of penalties?
Ans.- Since facts and circumstances of each case vary, advice of the Commission is based on independent assessment of the disciplinary proceedings and relevant rules, on merits.
Ans.- Since facts and circumstances of each case vary, advice of the Commission is based on independent assessment of the disciplinary proceedings and relevant rules, on merits.
Q.No.7. - The total number of disciplinary case received by the Commission for advice and in how many cases UPSC tendered its advice?
Ans.- This information is contained in the Annual Report placed before the Parliament. Once the Annual Report is placed in Parliament, the same is also included in the website of the Commission. Unless the information is placed before Parliament, it cannot be shared.
Ans.- This information is contained in the Annual Report placed before the Parliament. Once the Annual Report is placed in Parliament, the same is also included in the website of the Commission. Unless the information is placed before Parliament, it cannot be shared.
Q.No. 8. - The question regarding interpretation of disciplinary rules viz. CCS (CCA) Rules 1965 or applicability of those rules in a disciplinary case?
Ans.- The applicants are advised to approach the concerned nodal Ministries. For example in case of CCS (CCA) Rules, 1965 the Ministry of Personnel & Training is the nodal Ministry.
Ans.- The applicants are advised to approach the concerned nodal Ministries. For example in case of CCS (CCA) Rules, 1965 the Ministry of Personnel & Training is the nodal Ministry.
Q.No. 9. - Can file notings be given/disclosed to the applicant as sought under RTI Act, 2005?
Ans.- The file notings which contain proceedings recorded in disciplinary cases cannot be disclosed to the applicant under section 8 (1) (j) of RTI Act, 2005. This has also been upheld by the CIC in their decision No. 4156/IC (A)/2009, F.No. CIC/MA/A/2006/000711 dated the 10th July, 2009.
Ans.- The file notings which contain proceedings recorded in disciplinary cases cannot be disclosed to the applicant under section 8 (1) (j) of RTI Act, 2005. This has also been upheld by the CIC in their decision No. 4156/IC (A)/2009, F.No. CIC/MA/A/2006/000711 dated the 10th July, 2009.
No comments:
Post a Comment