All India Central Excise Inspectors' Association

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Penalty Proceedings against Central Government Employees...

The below information is tabled to a question in Lok Sabha on 9th July 2014 by the Minister of State for Personnel, Public Grievances and Pensions as follows...

Article 311(1) of the Constitution provides that no person who is a member of the civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. Again as per Article 311(2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA)Rules, 1965] can be initiated against a Government Servant for violation of the provisions of the Central Civil Services (Conduct) Rules, 1964. The procedures for imposition of major penalties minor penalties are prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965], respectively. There are similar provisions in Rules governing the All India Services.

A list of Minor and Major penalties that may be imposed on a Government servant for good and sufficient reasons as provided in Rule 11 of CCS (CCA) Rules is annexed.

The data on cases registered involving major penalty proceedings and punishment awarded on conviction are not centrally maintained.

It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings.

In order to check delays in completion of disciplinary proceedings, guidelines for monitoring and expeditious disposal of the disciplinary proceedings cases have been issued on 29th November, 2012.


(i) Censure;

(ii) Withholding of his promotion;

(iii) Recovery from his pay of the whole or part of any pecuniary loss caused the Government by negligence or breach of orders;

(iii a) Reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.

(iv) Withholding of increments of pay;


(v) Save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent;
(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

(vii) Compulsory retirement;

(viii) Removal from service which shall not be a disqualification for future employment under the Government;

(ix) Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed:

Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.

Benefit from the Income Tax sops announced by the Government..?

In the 2014-15 Budget that was presented recently, it was announced that the income tax exemption slab will be being raised from Rs. 2 lakhs per annum to Rs. 2.5 lakhs.

On July 10, during the parliamentary session, while presenting  the budget for the year 2014-15, Finance Minister Arun Jaitley announced that the non-taxable income slab for individual tax payers has been raised from Rs. 2 lakhs to Rs. 2.5 lakhs. Also, the maximum tax exemption of Rs. 1 lakh Under Section 80C has been raised to Rs. 1.5 lakh. Interest deductions on home loan have been increased from Rs. 1.5 lakhs to Rs. 2 lakhs.

Let us now make approximate calculations about the kinds of benefits that taxpayers stand to get from these changes:

Raising the non-taxable income limit from Rs. 2 lakhs to Rs. 2.5 lakhs gives a maximum tax savings of Rs. 5600 additionally.

Since the maximum tax exemption under Section 80C has been raised to Rs. 1.5 lakhs, the tax payer gets to save Rs. 17,000 under certain exemption categories.

Since the maximum exemption under home loan deduction has been raised from Rs. 1.5 laksh to Rs. 2 lakhs, the taxpayer saves another 17,000.
Highlights of the Memorandum submitted on issues common to all Central Government employees to Secretary 7th Pay Commission.
JCM NC has also submitted Interim Memorandum on interim relief and Merger of DA.
1. Pay scales are calculated on the basis of pay drawn pay in pay band + GP + 100% DA by employees as on 01.01.2014.
2. 7th CPC report should be implemented w.e.f. 01-01-2014. In future five year wage revision.
3. Scrap New Pension Scheme and cover all employees under Old Pension and Family Pension Scheme.
4. JCM has proposed minimum wage for MTS (Skilled) Rs.26,000 p.m.
5. Ratio of minimum and maximum wage should be 1:8.

6. General formula for determination of pay scale based on minimum living wage demanded for MTS is pay in PB+GP x 3.7.
7. Annual rate of increment @ 5% of the pay.
8. Fixation of pay on promotion = 2 increments and difference of pay between present and promotional posts (minimum Rs.3000).
9. The pay structure demanded is as under:- (open ended pay scales – Total 14 pay scales)
Existing Proposed(in Rs.)
PB-1, GP Rs. 1800 26,000
PB-1, GP Rs. 1900
PB-1, GP Rs. 2000 33,000
PB-1, GP Rs. 2400
PB-1, GP Rs. 2800 46,000
PB-2, GP Rs. 4200 56,000
PB-2, GP Rs. 4600
PB-2, GP Rs. 4800 74000
PB-2, GP Rs. 5400 78,000
PB-3, GP 5400 88000
PB-3, GP 6600 102000
PB-3, GP 7600 120000
PB-4, GP 8900 148000
P4-4, GP 10000 162000
HAG 193000
Apex Scale 213000
Cabinet Secretary 240000
9 (a) Wages and service conditions of Gramin Dak Sevaks is to be examined by 7th CPC itself.
10. Dearness Allowances on the basis of 12 monthly average of CPI, Payment on 1st Jan and 1st July every year.
11. Overtime Allowances on the basis of total Pay + DA + Full TA.
12 Liabilities of all Government dues of persons died in harness be waived.
13. Transfer Policy – Group `C and `D Staff should not be transferred. DoPT should issue clear cut guideline as per 5th CPC recommendation. Govt. should from a Transfer Policy in each department for transferring on mutual basis on promotion. Any order issued in violation of policy framed be cancelled by head of department on representation.
14. Transport Allowance -
X Classified City Other Places
Rs. 7500 + DA Rs. 3750 +DA
The stipulation for TA that the Govt. employee should be on duty in his headquarters for certain number of days during the calendar month should be removed.
15. Deputation Allowance double the rates and should be paid 10% of the pay at same station and 20% of the pay at outside station.
16. Classification of the post should be executive and non-executive instead of present Group A,B.C.
17. Special Pay which was replaced with Special/Allowance by 4th CPC be bring back to curtail pay scales.
18. Scrap downsizing, outsourcing and contracting of govt. jobs.
19. Regularize all casual labour and count their entire service after first two year, as a regular service for pension and all other benefits. They should not be thrown out by engaging contractors workers.
20. The present MACPs Scheme be replaced by giving five promotion after completion of 8,15,21,26 and 30 year of service with benefits of stepping up of pay with junior and also hierarchical pay scales.
21. PLB being bilateral agreement, it should be out of 7th CPC perview.
22. Housing facility:- (a) To achieve 70% houses in Delhi and 40% in all other towns to take lease accommodation and allot to the govt. employees. (b) Land and building acquired by it department may be used for constructing houses for govt. employees.
23. House Building Allowance :- (a) Simplify the procedure of HBA (b) Entitle to purchase second and used houses
24. Common Category – Equal Pay for similar nature of work be provided.
25. Compassionate appointment – remove ceiling of 5% and give appointment within Three months.
26. Traveling Allowance:-
Category A1, A Class City Other Cities
Executive Rs. 5000 per day + DA Rs. 3500 per day + DA
Non-Executive Rs. 4000 per day + DA Rs. 2500 per day + DA
27. Composite Transfer Grant: -
Executive Class 6000 kg by Goods Train/ Rate per km by road 8 Wheeler Wagon Rs.50+DA(Rs.1 per kg and single container per km) Non-Executive Class 3000 kg – do – -do-
28. Children Education Allowance should be allowed up to Graduate, Post Graduate, and all Professional Courses. Allow any two children for Children Education Allowance.
29. Fixation of pay on promotion – two increments in feeder grade with minimum benefit of Rs.3000.
30. House Rent Allowance
X Class Cities 60%
Other Classified Cities 40%
Unclassified Locations 20%
31. Compensatory City Allowance.
`X’ Class Cities `Y’ Class Cities
A. Pay up to Rs.50,000 10% 5%
B. Pay above Rs.50,000 6% minimum Rs 5000 3% minimum Rs.2500
32. Patient Care Allowance to all para-medical and staff working in hospitals.
33. All allowances to be increased by three times.
34. NE Region benefits – Payment of Special Duty Allowance @ 37.5% of pay.
35. Training: - Sufficient budget for in-service training.
36. Leave Entitlement (i) Increase Casual Leave 08 to 12 days & 10 days to 15 days. (ii) Declare May Day as National Holiday (iii) In case of Hospital Leave, remove the ceiling of maximum 24 months leave and 120 days full payment and remaining half payment. (iv) Allow accumulation of 400 days Earned Leave (v) Allow encashment of 50% leave while in service at the credit after 20 years Qualifying Service. (vi) National Holiday Allowance (NHA) – Minimum one day salary and eligibility criteria to be removed for all Non Executive Staff. (vii) Permit encashment of Half Pay Leave. (viii) Increase Maternity Leave to 240 days to female employees & increase 30 days Paternity Leave to male employees.
37. LTC (a) Permission to travel by air within and outside the NE Region. (b) To increase the periodicity once in a two year. (c) One visit outside country in a lifetime
38. Income Tax: (i) Allow 30% standard deduction to salaried employees. (ii) Exempt all allowances. (iii) Raise the ceiling limit as under: (a) General – 2 Lakh to 5 Lakh (b) Sr. Citizen – 2.5 Lakh to 7 Lakh (c) Sr. Citizen above 80 years of age – 5 Lakh to 10 Lakh (iv) No Income Tax on pension and family pension and Dearness Relief.
39. (a) Effective grievance handling machinery for all non-executive staff. (b) Spot settlement (c) Maintain schedule of three meetings in a year (d) Department Council be revived at all levels (e) Arbitration Award be implemented within six month, if not be discussed with Staff Side before rejection for finding out some modified form of agreement.
40. Appoint Arbitrator for shorting all pending anomalies of the 6th CPC.
41. Date of Increment – 1st January and 1st July every year. In case of employees retiring on 31st December and 30th June, they should be given one increment on last day of service, i.e. 31st December and 30th June, and their retirements benefits should be calculated by adding the same.
42. General Insurance: Active Insurance Scheme covering risk upto Rs. 7,50,000/- to Non Executive & Rs. 3,50,000/- to Skilled staff by monthly contribution of Rs. 750/- & Rs. 350/- respectively.
43. Point to point fixation of pay.
44. Extra benefits to Women employees (i) 30% reservation for women. (ii) Posting of husband and wife at same station. (iii) One month special rest for chronic disease (iv) Conversion of Child Care Leave into Family Care Leave (v) Flexi time
45. Gratuity: Existing ceiling of 16 ½ months be removed and Gratuity be paid @ half month salary for every year of qualifying service. Remove ceiling limit of Rs.10 Lakh for Gratuity.
46. Pension: (i) Pension @ 67% of Last Pay Drawn (LPD) instead of 50% presently. (ii) Pension after 10 years of qualifying service in case of resignation. (iii) Increase pension age-based as under: 65 Years – 70% of Las Pay Drawn (LPD) 70 Years – 75% of LPD 75 Years – 80% of LPD 80 Years – 85% of LPD 85 Years – 90% of LPD 90 Years – 100% of LPD (iv) Parity of pension to retirees before 1.1.2006. (v) Enhanced family pension should be same in case of death in harness and normal death. (vi) After 10 years, family pension should be 50% of LPD. (vii) Family pension to son upto the age of 28 years looking to the recruitment age. (viii) Fixed Medical Allowance (FMA) @ Rs.2500/- per month. (ix) Extend medical facilities to parents also. (x) HRA to pensioners. (xi) Improvement in ex-gratia pension to CPF/SRPF retirees up to 1/3rd of full pension.
NB: The above is only gist. All points raised by us not included. For understanding the entire demands raised by us, Please read the full memorandum published in our website.
(M. Krishnan) 
Secretary General NFPE/Confederation
All India Central Excise Inspectors' Association

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