Thursday 17 October 2013

Encashment of earned leave on Leave Travel Concession – DOPT Clarification

F.No.20-05/2013-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION AND IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DTVTSION)
DAK BHAWAN, SANSAD MARG,NEW DELHI- 110 OO1
2nd September,2013
To
ALL HEADS OF CIRCLES,
ALL GM (PAr)/DAs (P),
ALL DIRECTORS POSTAL STAFF COTLEGE tNDIAIPTCs.
Sub: Clarification on Encashment of Earned Leave in connection with  Leave Travel Concession – Payment of difference regarding
Sir/Madam,
I am directed to forward herewith a copy of the extracts on FAQ in respect of Leave Encashment with Leave Travel Concession issued under DOP&Ts No.21011/08/2013-Estt{AL) dated ‘Nil’ downloaded from the official website of Department of Personnel & Training for kind information and further necessary action in this regard.
Yours faithfully,

(Shankar Prasad)
Assistant Director General (Estt)


General entitlement of leave FAQ
No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Leave) Section
General entitlement of leave
S.No
Frequently Asked Questions
answer
1
What is the maximum periodof leave of any kind which can
be allowed to a Government
servant?
What is the impact if such
limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or
without leave, for a continuous period
exceeding 5 years other than on foreign
service, implies that such Government
servant has deemed to have resigned from
Government service. {Rule 12(2))
2.
What are the leaveentitlements of Govt. servants
serving in a vacation
Department?
The rule 28 of the CCS (Leave) Rules, 1972which came into effect from 1.9.2008
regulates the grant of Earned Leave for
persons serving in the Vacation
Department. The said rule provides for as
follows:-
(1) (a) A Government servant(other than a
military officer) serving in a Vacation
Department shall not be entitled to any
earned leave in respect of duty performed in
any year in which he avails himself of the
full vacation.
(b) In respect of any year in which a
Government servant avails himself of a
portion of the vacation, he shall be entitled
to earned leave in such proportion of 30
days, as the number of days of vacation not
taken bears to the full vacation:
Provided that no such leave shall be
admissible to a Government servant not in
permanent employ or quasi-permanent
employ in respect of the first year of his
service.
(c) If, in any year, the Government servant
does not avail himself of any vacation,
earned leave shall be admissible to him in
respect of that year under rule 26.
• For the purpose of this rule, the term
`year’ shall be construed not as meaning a calendar year in which
duty is performed but as meaning
twelve months of actual duty in a
Vacation Department.
• A Government servant entitled to
vacation shall be considered to have
availed himself of a vacation or a
portion of a vacation unless he has
been required by general or special
order of a higher authority to forgo
such vacation or portion of a
vacation:
Provided that if he has been
prevented by such order from
enjoying more than fifteen days of
the vacation, he shall be considered
to have availed himself of no
portion of the vacation.
• When a Government servant serving
in a Vacation Department proceeds
on leave before completing a full
year of duty, the earned leave
admissible to him shall be calculated
not with reference to the vacations
which fall during the period of actual
duty rendered before proceeding on
leave but with reference to the
vacation that falls during the year
commencing from the date on which
he completed the previous year of
duty.
• As per Rule 29(1) the half pay leave
account of every Government
servant (other than a military officer
shall be credited with half pay leave
in advance, in two instalments of ten
days each on the first day of January
and July of every calendar year. This
is subject to conditions laid down in
OM No. 13013/2/2008-Estt.(L)
dated 11-11-2008.










Payment of TA/DA to retired government servants appearing as witnesses in proceedings before the CDI in CVC

372/3/2007-AVD-III (Vol. 10)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***
North Block, New Delhi
Dated: 14th October, 2013
Office Memorandum
Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee) – Para 38 of the Committee’s Report regarding payment of TA/DA to retired government servants appearing as witnesses in proceedings before the CDI in CVC – Government’s decision thereon – reg .
The undersigned is directed to say that the Govenunent had appointed a Committee of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend measures for their expeditious disposal.
The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC – Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT – Member
(iii) Shri P. Shankar, former CVC – Member.

2. The Expert Committee has, in para 38 of its Report, inter alia, recommended that “In case the witness is a retired Government Servant and is appearing before the CDI in a Departmental Inquiry, the expenses would be borne, in the first instance, by the CVC and subsequently be adjusted with the Department/Organisation concerned.”.
3. The aforesaid recommendation of the Hota Committee has been considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary and the CoS has recommended acceptance of this recommendation. Government has accepted the recommendation of the Hota Committee as endorsed by the CoS.
4. Accordingly, it has been decided that in cases where any of the witnesses in a departmental inquiry is a retired Government Servant and is appearing before the CDI in the Central Vigilance Commission in the Departmental Inquiry, the expenses on payment of admissible TA/DA to such witness would be borne, in the first instance, by the Central Vigilance Commission and subsequently be adjusted with the Department/Organisation concerned.
5. The above decision of the Government is brought to the notice of all Ministries/Departments for information and compliance.
(V.M. Rathnam)
Deputy Secretary to the Govt. of India
Tel: 23094637




















‘Facilitation Fee’ to be levied by authorised travel agents on air tickets booked on Government account- Regarding.

No.19024/1/2012-E-IV
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated the 10th October, 2013

OFFICE MEMORANDUM

Subject:- ‘Facilitation Fee’ to be levied by authorised travel agents on air tickets booked on Government account- Regarding.

Attention is invited to this Department’s OM. of even number dated 28th May 2013 wherein all Ministries/Departments were advised not to pay Agency Commission/Charges etc. charged by M/s Balmer Lawrie & Company Limited (BLCL) in their Bills, raised for air tickets booked on Government account, till a final decision is taken in the matter.

2. The matter has been considered and it has now been decided that, in heu of withdrawal of ‘Transaction Fee’ by Air India/Airlines, the authorised travel agents namely M/s Balmer Lawrie & Company Limited (BLCL), M/s Ashok Travels & Tours (ATT) and Indian Railways Catering and Tourism Corporation Ltd (IRCTC), are allowed to levy ‘Facilitation Fee’ of 100/- per ticket for domestic sector and 300/- per ticket for international sector for air travel, wherein Government of India bears the cost of air passage. Further, these rates are to be applied prospectively i.e. Bills raised by the authorised travel agents for journeys undertaken should not include this fee.

3. All Ministries/Departments are again advised that, as far as possible, air tickets on Government account may be obtained directly from Air India/Airlines (bookingcounters/offices/website). Only when obtaining tickets directly from Air India/Airlines is not possible, should the services of authorised travel agents be availed of. These instructions should be brought to the notice of all concerned for strict compliance.

sd/-
(Subhash Chand)
Deputy Secretary to the Government of India

PLI Day


Fine can't be more than twice the amount in bounced cheque: Supreme Court

NEW DELHI: Courts cannot impose a fine of more than twice the amount in bounced cheques, the Supreme Court has held, stressing that the limit is inviolable and should be respected. 

"First and foremost is the fact that the power to levy fine is circumscribed under the statute to twice the cheque amount. 

"Even in a case where the court may be taking a lenient view in favour of the accused by not sending him to prison, it cannot impose a fine more than twice the cheque amount. That statutory limit is inviolable and must be respected," a bench of justices T S Thakur and Vikramajit Sen said.

It set aside the Calcutta High Court order which had directed a person to pay Rs 1,49,500 as against the cheque amount of Rs 69,500. 

In this case a trial court had sentenced a person to six months imprisonment and directed him to pay compensation amounting to Rs 80,000 in a cheque bounce case. 

The accused, Somnath Sarkar, then approached the High Court which directed him to pay an additional Rs 69,500 to the complainant and his jail term was waived. 

Sarkar then moved a mercy plea before the Supreme Court saying that he was not capable of paying the amount. 

The court after hearing his plea set aside the High Court order and reduced the amount of Rs 69,500 to Rs 20,000. 

"The High Court has, in the case at hand, obviously overlooked the statutory limitation on its power to levy a fine," the bench said.

GDS COMPASSIONATE APPOINTMENT - CLARIFICATION - ISSUED BY DIRECTORATE