Saturday, May 28, 2011

Questionnaires on Vigilance matters

1. What is Vigilance?
Ans-Keeping a watch to maintain the integrity of employees in an organization.

2. What are Vigilance Activities?
Ans.- Preventive, Examination of procedures to remove loop holes, Regular and surprise inspections, Monitoring the activities of the employees through returns, Detective, Investigation of complaints or any other information regarding Irregularities, Punitive and Punishment to the guilty.

3.- What are the articles of the Constitution of India which concerns a government servants?

Article 309 - Recruitment and conditions of service of persons serving the Union or State Article

310- Tenure of office of persons serving the Union or a State Article 311 - Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state

320 - Functions of Public Service Commission

4.-Who is authorized to frame rules to regulate the recruitment and conditions of service of Central Government Employees?
Ans.- The President

5.- Name the two essential features of the inquiry provided in Article 311.
Ans.- The Government servant has to be informed of charges; and
given reasonable opportunity to defend himself.

6.- What is the full form of CCS (CCA) Rules? Ans:- Central Civil Services (Classification, Control and Appeal) Rules

7:- In which year the CCS (CCA) Rules were framed?

8.What is suspension ?
Ans:- The act of officially removing some body from their job for a period of time.

9:- Is suspension a punishment?
Ans:- No. The purpose is to facilitate proper inquiry.

10:- Can advance for procurement of a conveyance be given to a Govt servant under suspension? Ans:-No.

11:- Who is the authority can impose a penalty on a Govt. Servant?
Ans:- The Disciplinary Authority.

12:- Name the authority who can impose any penalty on any govt servant?
Ans:- The President

13:- When is Central Vigilance Commission to be consulted?
Ans:- When Group A gazetted officer is involved and there is a vigilance angle (i) corruption, cheating, bribery, misappropriation, fraud and lack of integrity; (ii) Abuse of official power/authority for self gain or for anyone else; (iii) Substantial loss to government as a result of grave/ deliberate negligence or indulgence in nepotism; (iv) Possession of disproportionate assets. (v) Flagrant violation of rules/ regulations/ procedures

14:- What are the two stages at which CVC is consulted?
Ans:- (i) The first stage advice - Commission indicates the action to be taken against the Government servant, whose conduct has been investigated. (ii) The second stage advice - Commission considers the report of the Inquiry officer and advises the disciplinary authority about the penalty to be imposed.

15:- Can an enquiry be conducted in respect of retired Govt. servant for an act done by him during any period of his service?
Ans:- Proceedings can be initiated after retirement
Only with the sanction of the President
Only in respect of any event which took place within four years of such institution

16:- Which minor penalty cannot be imposed unless oral inquiry has been conducted?
Ans:-Withholding of increments for more than three years or with cumulative effect or effecting pension.

17:- Which penalty results in the forfeiture of the past service?
Ans:- Removal or Dismissal

18:- What is the name of the allowance given to a Govt servant under suspension. Which Fundamental Right guarantees that?
Ans:- Subsistence Allowance
Article 21 (Part III of the Constitution)

19:- Which deductions are not permitted from the subsistence allowance?
Ans:- Income tax, House Rent, Electricity & water charges, installments of repayment of loans and advances, if necessary at revised rates, CGHS contribution and contributions towards CGE Group Insurance Scheme shall be deducted from the subsistence allowance. Premium due to PLI, amount due to cooperative societies and refund of GPF advance can be deducted with the CONSENT of the Govt. servant. Subscriptions to GPF, amount due on court attachments and recovery of loss caused to the Govt cannot be deducted from the subsistence allowance.

20:- Which are the cases, where no appeal is permissible ?
Ans:- Any order made by the President.
Any order of interlocutory nature or in the nature of step-in-aid of the final disposal of a disciplinary proceeding other than an order of suspension.
Any order passed by an Inquiry Officer during the course of inquiry. (However, an appeal can be submitted against an order of IO rejecting request for engagement of a Defence Assistant from some outstation.)

21:- What is the period of limitation for filing an appeal against an order of penalty?
Ans:- 45 days

22:- Is the disciplinary framework of government lays down control only on employees?
Ans:- No. Employees do enjoy certain protection. Enough care is taken to see that undue hardship is not caused to the employee and his / her family members.

23:- What are some of the positive elements Employee comes across in the various provisions governing the service conditions?
Ans:- Application of Principles of Natural Justice
Protection under Article 311
Grant of Subsistence Allowance
Entitlement after death etc.

24:-What are Minor penalties?
Ans:- Censure
Withholding of Promotion
Recovery from Pay of whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders etc
Reduction to lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect and not affecting his pension
Withholding of increments

25:-What are Major penalties?
Cases which call for major penalty
Reduction to a lower stage in the time scale of pay
Reduction to a lower time-scale of pay, grade, post or service
Compulsory Retirement
Removal from service
Dismissal from service 25:- What is suspension in the eye of Administration?
An administrative action for debarring a Govt servant from his powers and duties.
Temporary deprivation of office pending regular disciplinary proceedings
Relationship of servant and master does not end. All conditions of service continue to apply.
No reduction in rank. Lien retained
Not a penalty
Appeal can be preferred

26:- When can a Govt servant be suspended?
When a disciplinary proceeding is contemplated or pending against him
When in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the state
When a case against him in respect of any criminal offence is under investigation, inquiry or trial When he is involved in dowry death and case is registered under section 304(B) of IPC he shall be suspended as soon as he is arrested, irrespective of the period of detention, or as soon as the charge sheet is filed against him,whichever is earlier.

27:- Circumstances which justify suspension .
· When the Govt servant is likely to hamper the proceedings e.g. tempering with the evidence
· When his continuation in office is likely to affect office discipline
· When he is involved in a scandal and it is necessary to demonstrate Govt’s intention to deal firmly with the situation
· When his continuation in office is against public interest

28;-What is Administrative effects during suspension .
Govt servant is not supposed to attend office or mark attendance. Entry card is withdrawn.
Scooter or car advance cannot be granted.
HBA can be granted.
Govt servant can function as Defence Assistant
Leave cannot be granted.
LTC can be granted only to the family members.
Govt servant retains lien on his post.
Govt servant cannot be sent on training, deputation etc
Permission for Voluntary retirement during suspension can be denied by the competent authority.
On attaining the age of superannuation the suspended Govt servant will be retired. Subsistence allowance shall stop. He will be paid only provisional pension.
Leave encashment can be withheld if there is possibility of some money becoming recoverable as a result of the proceedings.
Permission can be given to appear in Departmental Examination, but promotion will be considered only after finalisaiton of the proceedings.

29;-What is Revocation of suspension ?
Ans:-Suspension remains in force till it is revoked.
Order can be revoked at any time by the competent authority.
Suspension automatically comes to an end if penalty of dismissal, removal or compulsory retirement from service is imposed. In case of death during suspension, it is presumed that there was no suspension at all and full pay and allowances are to be paid

30:- What Action is done after reinstatement?Ans:-An order for regularisation of period of suspension has to be issued. The period has to be treated as duty if the suspension was wholly unjustified.
An order regarding pay and allowances payable for the period of suspension has also to be issued. Full pay and allowances may be given if the suspension was wholly unjustified

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