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What is the Union Public Service Commission (Exemption from Consultation) Regulation?
Consultation with the Commission is obligatory in the matters mentioned in Article 320(3). However, the President has framed the Regulations specifying matters in respect of which it shall not be necessary for the Commission to be consulted. These are called the Union Public Service Commission (Exemption from Consultation) Regulations 1958.
What is the National Conference of Chairmen of State PSCs?
Through the device of National Conference, a firm relationship has been attempted to be developed over the years among the State Public Service Commissions on matters concerning methods of recruitment, personnel policies, conduct of examinations etc. The Conference also provides a suitable platform for discussion on the changing socio-economic milieu and consequential changes to be brought about in the work ethos of the Commissions in consonance with expectations of the people and the Constitutional obligations. The first National Conference of the Public Service Commissions was held in 1949. Thereafter the Conferences were held from time to time. In 1999, Chairman UPSC became the ex-officio Chairman of the National Conference of Chairpersons of State Public Service Commissions. The National Conference is held annually.
What are the criteria adopted in the Commission for determining inter se seniority of candidates recommended in the Engineering Services Examination?
The guidelines adopted by the Commission for determining the inter se seniority of candidates coming from different disciplines of Engineering in the case of candidates belonging to the Engineering Services Examination for the examinations notified after 28th August 2019 are: (i) Persons obtaining more marks in the final aggregate in the Examination are ranked senior; (ii) In case the final aggregate is the same, persons obtaining more marks in Engineering subjects plus marks of the Personality Test are ranked senior; (iii) In case Engineering subjects plus marks of the Personality Test are also the same, the person born earlier is ranked senior.
Which documents are required for sending proposals for extraordinary pension cases to the Commission?
In extraordinary pension cases, it must be ensured that the following essential documents have been sent to the Commission: a) A full statement of the circumstances in which the injury was sustained/the disease was contracted/the death occurred; b) An application for injury/family pension in the prescribed form; c) Medical Officer’s report regarding injury/death, etc. d) A report of the Audit Officer concerned as to whether an award is admissible under the rules and if so, the amount thereof. The eligibility of family members to be benefited by the award should also be checked. It is necessary that cases which are not covered by the rules and where it is proposed to make ex-gratia awards are referred to the Commission after obtaining the views of the Ministry of Finance (Department of Expenditure).
Which documents are required to be sent to the Commission for legal reimbursement cases?
In legal reimbursement cases, the following documents are required to be furnished: a) Completed proforma; b) Certified Copy of the judgment; c) Stamped receipts for fees paid to lawyers; d) Original Claim of the Claimant; e) Certified copy of order sheet or a certificate showing the number of days on which the case was posted for hearing and on which it was actually heard. f) In cases where the claims involved are for an amount exceeding Rs. 500/-, the views of the Ministry of Law/Law Officer on the admissibility and reasonableness of the claim should be obtained before the case is placed before the Commission.
What is the role of the Commission in disciplinary cases?
The Union Public Service Commission, a Constitutional Body, is mandated to carry out a wide range of functions under Article 320 of the Constitution of India. These functions include advising the Government(s) / Ministries/ Departments on subjects that inter alia, include disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters.
What are the cases that are exempted from consultation with the Commission?
The cases exempted from consultation with the Commission have been listed under Regulation 5 in Union Public Service Commission (Exemption from Consultation) Regulations, 1958. These Regulations are available on the website of DoP&T.
How are the disciplinary cases referred to the Commission?
For expeditious disposal of disciplinary cases in the Commission and to reduce avoidable delays, a Single Window System (SWS) is functioning in the Commission. Under this System, a Ministry/Department/State Government referring a disciplinary case to the Commission for advice is required to authorize an officer, not below the rank of Under Secretary, to hand over the case in person, with a prior appointment, to the designated officer in UPSC. The cases are scrutinized at the Single Window to ensure the provided information/documents are in accordance with the check-list issued by the DoP&T. Only complete cases are accepted by the Commission for further examination and advice.
How is an appointment at the Single Window made to bring the disciplinary cases?
To facilitate easier access, the Commission has introduced e-appointment system w.e.f. 20.11.2018. Authorized representatives from Ministries/Department/State Government are required to book prior appointments online using the link highlighted under Single Window tab on the website of UPSC (www.upsc.gov.in) and hand over the disciplinary case to the designated Under Secretary (S-I), UPSC in Room No.10-A located in the Annexe Building of the Commission. Prior appointments under the Single Window are fixed with the concerned Department to ensure undivided attention to the scrutiny of the records and minimize waiting time.
Is it required that original/authenticated copies of the case records are sent to the Commission?
It is a mandatory requirement that all the case records received at the Single Window are as per the proforma check list issued vide DoP&T’s OM No.39011/08/2016-Estt.(B) dated 28.12.2018, are legible, and are either in the original or duly authenticated copies.
If the case records are in any language other than English or Hindi, does the Commission accept them?
The Commission accepts authenticated versions of the documents either in English or in Hindi. The concerned administrative Ministry/Department/State Government is required to provide the authenticated translated version of the case records, in cases where the original case records are in any language other than English or Hindi.
Whether the Commission tenders its Advice in case the Relied upon Documents are missing or not duly authenticated?
The Commission considers this as a documentary lapse, and such cases are returned after pointing out the deficiency at the Single Window itself.
What should be done in case the Charge Sheet, IO’s Report, etc. contain a variety of acronyms specific to the Department concerned?
The Ministry/Departments/State Governments should provide UPSC with the full-form of all the acronyms referred to in the case records.
Whether the Commission tenders its Advice in case the information pertaining to the amount of ‘pension and gratuity (admissible/provisional/withheld)’ is not provided in a disciplinary case involving a retired Government Servant?
The Ministry/Department/State Government is required to provide information relating to the admissible and provisional Pension along with information regarding the gratuity admissible or withheld to the Government Servant while referring the case to the Commission for Advice.
In the minor penalty Disciplinary cases, is there any time limit for accepting the cases before retirement of the Charged Officer?
The Commission expects to receive minor penalty cases at least three months before the date of superannuation of the Charged Officer.
In major penalty Disciplinary cases, is there any time limit for accepting the cases before retirement of the Charged Officer?
DoP&T’s OM No.39011/08/2016-Estt.(B) dated 28.12.2018 provides that the complete reference is received in the Commission at least six months before the retirement of the Charged Officer to enable the Commission to consider and tender Advice timely so that all the required procedures can be completed before retirement.
What is the procedure for referring the case warranting cut in pension to the Commission?
In the Disciplinary proceedings relating to a pensioner, in accordance with the procedures outlined under Rule 9 of the CCS(Pension) Rules, 1972, and other analogous Rules applicable to a pensioner, the President is required to come to a tentative conclusion that charges proved against the petitioner constitute “grave misconduct/negligence” warranting imposition of the penalty of withholding of pension.
When the case has been returned from the Single Window after pointing out any deficiency, is it necessary to again refer the case back through the Single Window only?
Yes.
What steps are to be taken by the Administrative Ministry/Department/State Government in disciplinary cases which are sub-judice and there is a direction to finalize the case within a given time frame?
In cases involving directions of Court/CAT, the Ministries/Departments/State Governments must inform the Commission, while making a reference, about the present status in the Court/CAT case, so that due priority is accorded to such cases. Ministries/Departments/State Governments should seek sufficient extension of time from the respective Hon’ble Court/CAT to ensure that a minimum of 3-4 months is available for UPSC to consider and advise in a disciplinary case.
Is it necessary that the Commission should be informed of any new developments in a disciplinary case which is under reference to the Commission for Advice?
Any information having a bearing on the disciplinary case referred to the Commission should be sent immediately with the related original/authenticated document and detailed observations/comments of the concerned Ministry/Department/State Government.
Whether the Commission keeps the copy of the case records or returns the same?
The case records received from the Ministries/Departments/State Governments are returned to the respective Ministries/Departments/State Governments along with the Advice of the Commission. No case records in original or copies thereof are retained in the Commission.
Can an Officer request under the RTI Act, 2005, for copies of the case records that were referred by Ministries/Departments/State Governments for seeking advice of the Commission in a Disciplinary case?
The case records of a Disciplinary case are returned to the Ministries/Departments/State Governments along with the Advice of the Commission. Therefore, the Commission cannot provide copies of the case records pertaining to any Disciplinary case.
Can the Disciplinary Authority indicate the quantum of penalty while referring a Disciplinary case to UPSC?
DoP&T’s O.M. No. 39034/1/2009-Estt.(B) dated 12.01.2010 provides that the Disciplinary Authorities while referring the disciplinary cases to the UPSC for advice should not propose the quantum of penalty.
What are the Minor penalties that can be imposed in disciplinary proceedings?
These are as prescribed in the relevant rules, e.g., Rule 11 of CCS(CCA) Rules, 1965.
What are the Major penalties that can be imposed in disciplinary proceedings?
These are as prescribed in the relevant rules, e.g., Rule 11 of CCS(CCA) Rules, 1965.
Whether a minor penalty can be imposed on a Charged Officer in a major penalty disciplinary case?
Any of the penalties under Rule 11 of the CCS(CCA) Rules, 1965, and analogous Rules can be imposed in a major penalty disciplinary proceeding.
Whether a major penalty can be imposed on a Charged Officer if the proceedings were initiated under minor penalty provisions?
No.
Whether ‘Warning’ can be imposed as a penalty?
The penalties that can be imposed on a delinquent Government Servant are prescribed in the relevant Rules, e.g., Rule 11 of the CCS(CCA) Rules, 1965.
Under what circumstances is an Inquiry required in a Minor penalty proceeding?
In terms of Rule 16(1-A) of CCS(CCA) Rules, 1965, a Disciplinary Authority may hold an Inquiry under this rule (manner laid down in sub-rules (3) to (23) of Rule 14) only where the Disciplinary Authority is of the opinion that such Inquiry is necessary for imposition of certain penalties such as withholding of increments which is likely to affect adversely the amount of pension payable to the Government Servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period.
Is it required to obtain the 2nd Stage Advice of the CVC in cases where UPSC is to be consulted?
DoP&T’s O.M. No.372/19/2011-AVD-III(Pt.1) dated 26.09.2011 provides that in those cases where consultation with UPSC is required as per extant rules/instructions, the second stage consultation with CVC in disciplinary matters may be dispensed with.
Is it necessary to issue a Show Cause Notice to a pensioner who has been convicted by a Court of law before imposing a cut in pension?
Department of Pension & Pensioners’ Welfare’s O.M. No. 38/64/05- P&PW(A) dated 09.11.2006 provides that in order to meet the Principles of Natural Justice, it is a pre-requisite to issue a Show Cause Notice, on the basis of conviction by the Court, to the pensioner before imposing any cut in his pension.
Can a penalty be imposed under Rule 9 of CCS(Pension) Rules, 1972 and other analogous rules, on a retired Government Servant who has been convicted and sentenced for a criminal offence and has filed an appeal in the Court against conviction/sentence?
Department of Personnel and Training’s O.M. No. 371/23/92-AVD.III dated 04.03.1994 provides that when a person is convicted by a criminal court, the same shall remain in force until and unless it is reversed or set aside by a competent court in appeal. The mere filing of an Appeal and/or stay of the execution of the sentence does not take away the effect of conviction. Therefore, an appeal in the appellate court against conviction/sentence does not put a bar on imposing a penalty on a retired government servant unless the appeal is allowed in the Appellate court, and the conviction is set aside.
How much time does the Commission take in tendering its advice?
The Commission tenders its advice after a thorough, judicious, and independent consideration of all the relevant facts and circumstances of the case and original/authenticated case records. According to DoP&T’s O.M. N0.39035/01/2011-Estt.(B) dated 10.05.2011, the average time taken by the Commission in tendering advice in Disciplinary proceedings is about 4 to 6 months and about 3 months when priority is attached due to the direction of court.
When is the copy of Advice to be provided to the Charged Officer and by whom?
DoP&T’s O.M. No. 11012/8/2011-Estt.(A) dated 19.11.2014 & Gazette Notification G.S.R. No. 769(E) dated 31.10.2014 stipulates that on receipt of the UPSC’s Advice, the Disciplinary Authority shall forward or cause to be forwarded a copy of the Advice to the Charged Officer who shall be required to submit, if he so desires, his written representation/submission to the Disciplinary Authority within fifteen days.
Can an Officer directly approach the Commission for relief in the Disciplinary Proceedings initiated against him?
The role of the Commission is to tender its Advice to the President in accordance with the requirement of consultation as laid down in Article 320 (3) (c) of the Constitution of India read with Regulation 5 (1) of the UPSC (Exemption from Consultation) Regulations, 1958. Therefore, an officer cannot directly approach the Commission seeking any relief in the Disciplinary Proceedings initiated against him.
Can an Officer submit a representation to the Commission directly, on the Advice of the UPSC, once a copy of the same is served upon him by the Administrative Ministry/Department/State Government in a Disciplinary Proceeding?
No representation lies to the Commission in this regard. The Officer can submit representations only to the concerned Disciplinary Authority.
Can a Charged Officer meet any functionary in the Commission to explain his case?
Since the Disciplinary proceedings are quasi-judicial in nature, the Officer is required to submit his representation during the course of Disciplinary proceedings to IO/DA as provided for under the applicable Disciplinary Rules. Hence, any interaction between the CO and functionaries of the Commission is strictly prohibited.
What procedure is to be followed by the Ministries/Departments in case of disagreement with the Advice of the Commission?
The procedure to be followed while disagreeing with the Advice of the Commission is stated in DoP&T’s O.M. No. 39023/02/2006-Estt.(B) dated 05.12.2006 and reiterated vide DoP&T’s O.M. No. 39023/02/2006-Estt.(B) dated 02.03.2016.
What procedure is to be followed by the State Governments in case of disagreement with the Advice of the Commission?
According to Rule 11 of AIS (D & A) Rules, 1969, whenever there is any difference of opinion between a State Government and the Commission on any matter covered under these Rules, such matter shall be referred to the Central Government for its decision.
What happens when the Ministry/Department/State Government disagrees with the Advice of the Commission?
Such cases, where the Ministry/Department/State Government disagrees with the Advice of the Commission, are reflected in the Explanatory Memorandum along with the Annual Report of the Commission, which is laid before the Parliament.
Whether a copy of the final order is to be marked to the Commission?
Yes.
What will happen in the eventuality of the death of the Charged Officer before the imposition of the penalty?
The procedure regarding the closing of disciplinary cases in the event of the death of the Charged official has been notified by DoP&T’s vide its O.M. No. 11012/7/99-Estt.(A) dated 20.10.1999.
When are the Disciplinary Proceedings considered as closed?
The Disciplinary Proceedings come to a closure with the issue of the final Order imposing the penalty/exoneration/dropping of the Charges by the Disciplinary Authority.
Can a Government Servant approach the Commission when he/she comes across any new material or new evidence which could not be produced or was not available during the course of enquiry, at the time of passing of the order after consultation with the Commission?
No.
Does any Appeal lie if the Order is made by the President?
In terms of Rule 22 of CCS(CCA) Rules, 1965, no Appeal shall lie against any Order made by the President.
When is the President required to consult the Commission in the cases of Review, Memorial, or Petitions?
In terms of MHA’s OM No. 18/9/63-Estt(B) dated 4.8.1964, the Commission is required to be consulted only when the President proposes to pass an Order overruling or modifying, after consideration of any Petition or Memorial or otherwise, an Order imposing any of the penalties made by him or by a subordinate authority or an Order imposing any of the penalties in exercise of its powers of review and in modification of an Order under which none of the penalties has been imposed.
Which is the Nodal Ministry for any clarification on the implementation of the penalty advised by the Commission?
Department of Personnel & Training (DoP&T) is the Nodal Ministry for seeking any clarification on the implementation of the penalty.
Which is the Authority to give clarification under CCS(CCA) Rules, 1965 and AIS(D&A) Rules, 1969?
The Department of Personnel & Training (DoP&T) is the Nodal Department with regard to interpretation and administration of CCS(CCA) Rules, 1965, and AIS(D&A) Rules, 1969.
Can the information regarding the status of a Disciplinary case in the Commission be sought under RTI Act, 2005?
As Disciplinary proceedings are quasi-judicial in nature, such information from the date of receipt of a case in the Commission, till the final rendering of advice by the Commission, cannot be shared under the Right to Information (RTI) Act.
Can the Charged Officer or a third party request for providing a copy of the advice letter issued by UPSC under RTI Act, 2005?
In accordance with the extant rules, a copy of the Advice Letter is to be given to the Charged Officer by the Department/Disciplinary Authority to whom the Advice Letter is forwarded, and therefore, the concerned authority under the RTI to provide a copy of the Advice Letter would be the concerned Department/Disciplinary authority. However, a copy of the Advice Letter can be given to the applicant (Charged Officer in individual capacity or a third party) in such cases where the final Order has been issued by the concerned Ministry/Department/Disciplinary Authority, and the relevant file is available with UPSC, as per the Record Retention Schedule. Advice of the Commission cannot be disclosed in such cases, where the final Order has not been issued by the concerned Ministry/Department/Disciplinary Authority.
Where can one get the information regarding the total number of Disciplinary cases received by the Commission for advice and the number of cases in which the Commission has tendered its advice?
This information is contained in the Annual Report of the UPSC. Once the Annual Report is laid before Parliament, a copy of the same is also uploaded under the heading “Annual Reports” on the Official Website of UPSC (www.upsc.gov.in).
Where can one find the data relating to the number of cases in which the Commission has advised penalties?
The data relating to the number of cases received and the penalties advised by the Commission are published in the Annual Report of the Commission. The Annual Reports of the Commission are available in the public domain on the official website of UPSC (www.upsc.gov.in).
Can the Commission give clarification or interpretation in respect of Disciplinary Rules viz. CCS (CCA) Rules 1965, other Central Government service related rules in a Disciplinary case under RTI Act, 2005?
The applicants are advised to approach the concerned nodal Ministries for any such clarifications. For example, in the case of CCS (CCA) Rules, 1965, the Ministry of Personnel, Pension, and Public Grievances (Department of Personnel & Training) is the nodal Ministry.
What are the Constitutional provisions regarding Consultation by Ministries/Departments with UPSC?
Article 320 of the Constitution inter alia provides that the Commission shall be consulted in framing and amendment of Recruitment Rules for various services and posts under the Government of India and Union Territories. Accordingly, Ministries/Departments are required to consult Commission for framing/amendment of RRs for Group ‘A’ and ‘B’ posts except those which are exempt from consultation with UPSC under UPSC (Exemption from Consultation) Regulations, 1958, as amended from time to time.
Whether RRs notified without consultation of UPSC are valid?
As per constitutional provisions, Ministries/Departments are required to consult Commission for framing/amendment of RRs for all Group ‘A’ and ‘B’ posts except those which are exempted from consultation with UPSC under UPSC (Exemption from Consultation) Regulations, 1958, as amended from time to time. In case RRs of any post for which consultation with UPSC is required, are notified without its consultation, they are treated as Non‐est.
What is Recruitment and what are Recruitment Rules?
Recruitment is a process of selection of candidates to a designated post and Recruitment Rules are the provisions prescribed under the Statute, for executing the same. The UPSC is required to advise upon the Recruitment Rules for various Civil Posts which are mandated to it, under the Constitution of India or a specific Act governing a statutory organization.
What is the difference between Recruitment Rules & Service Rules?
Service Rules are framed for defined Organized Service(s) to the Union of India and are comprehensive statutory documents, which include among others the specifications with regard to, a. Title and definitions b. Authorized strength & grade(s) c. Initial constitution and future maintenance d. Seniority, qualifying service for promotion, probation & method of recruitment e. Liabilities and disqualification f. Relaxation provisions g. Savings clause Recruitment Rules are framed for Civil Posts which are not covered by Organized Services. The Recruitment Rules do not contain many Clause(s) of Service Rules of Organized Service(s) and contain a Notification along with a prescribed 13 Columns Schedule. The Schedule contains details of various provisions such as the number of posts, Classification, Pay Level, Method of Recruitment, Educational Qualifications for direct recruits, etc.
What kind of posts are exempt from the purview of mandatory consultation with the UPSC?
Clause 3 of Article 320 of the Constitution of India inter alia stipulates the matters on which UPSC is required to be consulted. Proviso to said clause provides for making regulations to specify the matters in which either generally, or in any particular class or case or in any particular circumstances, it shall not be necessary to consult Public Service Commission. Accordingly, the Government has notified UPSC (Exemption from Consultation) Regulations, 1958, amended from time to time, specifying the services and posts which are exempted from consultation with UPSC in regard to matters specified in Article 320.
Whether Statutory Organizations are required to consult UPSC for framing/amendment of Recruitment Rules to posts under their jurisdiction?
In accordance with the mandate assigned under Article 321 of the Constitution, the Organizations, established under an Act of the Parliament, where the requirement of mandatory consultation with the UPSC is specified under a designated Section of that Act, are required to seek the Advice of the UPSC for the purpose of framing or amendment of Recruitment Rules to Group A & Group B Civil Posts under their organization(s). Examples of such organizations are:‐ the New Delhi Municipal Council, Municipal Corporation of Delhi, Employees State Insurance Corporation, Employees Provident Fund Organization, Delhi Jal Board, etc.
Whether Recruitment Rules are required to be reviewed periodically?
Recruitment Rules prescribe various specifications relating to the classification of post, pay structure, method of recruitment, composition of Departmental Promotion/ Confirmation Committee(s), essential qualifications & consultation process with the UPSC, etc. These are based on extant Guidelines of the DoP&T, which are revised/ updated from time to time. The change(s) in the cadre structure and essential qualifications to a given post etc., also require due amendments in the specific column(s) of the Recruitment Rules. DoP&T guidelines accordingly provide that the Recruitment Rules may be reviewed once in every five years, to make necessary amendments as per the changed position.
Who are the stakeholders and what is the process involved in framing/amendment of RRs?
a. The proposal for framing or amendment of Recruitment Rules is initiated by the concerned Administrative Ministry with the approval of the Competent Authority. The Competent Authority can delegate the specified power(s). b. Consequent upon the said approval, the proposal is required to be submitted to the DoP&T for concurrence. c. After the concurrence of the DOP&T to the proposal for framing/amendment of recruitment rules, the proposal is submitted to UPSC for posts/services that come within its purview. Advice of the UPSC is conveyed to the Ministry / Organization concerned. d. The Recruitment Rules are then sent by the concerned Ministry to the Ministry of Law & Justice for vetting. e. Subsequently, the Recruitment Rules are required to be notified in the Official Gazette of the Government of India.
Whether there is any requirement to seek comments of stakeholders before referring the proposal for framing/amendment of Recruitment Rules to DOPT/UPSC.
Before referring any proposal for framing/amendment of Recruitment Rules of a post to DOPT, Ministries/Departments are required to put up proposed Recruitment Rules on their website for 30 days for inviting comments from the stakeholders. Thereafter, taking into account the comments so received, the proposal is to be sent.
What is the Single Window System (SWS) for receipt of proposals in the UPSC?
UPSC has introduced a Single Window System (SWS) for discussing and accepting the proposals for framing/ amendment of Recruitment Rules (RRs) brought by the concerned Ministry/Department. The Administrative Ministry is required to designate an Officer not below the rank of Under Secretary to bring the proposal under SWS. The Under Secretaries in RR Branch in the Commission are authorized to accept the proposals from Ministries/Departments assigned to them. The proposal is evaluated through a preliminary scrutiny, based upon a pre‐defined Check‐list, which specifies the documents and information required to be provided along with a proposal. In case the proposal is found to be incomplete, the reasons thereof are recorded on‐the‐spot and intimated to the Official from the Ministry / Department concerned for necessary compliance. Proposals complete in all respects are accepted and processed by the Commission. UPSC has also developed e‐appointment system under SWS to schedule the appointment under SWS for bringing the proposal w.e.f 19.02.2018. The web links for this facility are available at https://upsconline/miscellaneous/eappointment/src/ or http://www.upsc.gov.in/single‐window‐system/reruitment‐rulesbranch Further, Ministries/Departments can submit their proposals for framing/amendment of RRs to DoP&T through Recruitment Rules Formulation, Amendment and Monitoring System (RRFAMS) portal. With the development of UPSC module of RRFAMS portal with effect from 03.12.2018, proposals approved by DoP&T on RRFAMS portal move online to the Commission on the portal. The proposals pertaining to Service Rules or concerning UTs and statutory organizations etc., continue to be received under SWS.
Whether there is any enabling provision to interact with Ministry/Department in UPSC portal in case any clarification is required on the proposal received online on the portal?
RRFAMS portal includes enabling provision to seek clarification from Department online, if required. Ministry/Department can also upload documents in support of their responses. Further, there is a mechanism to call Ministry/Department online for a meeting at various levels in UPSC to discuss the proposal. The meeting is scheduled online, and minutes of the discussion held in the meeting are also conveyed through the portal.
What is the Check‐list for submitting framing/amendment proposals to the Commission under SWS or on RRFAMS?
UPSC has devised a Check‐list of the points on which necessary information/documents are required to be provided while referring proposals to UPSC. The Check‐list is available on the website of UPSC. It is being used for receipt of proposals with effect from 01.05.2015. It contains points relating to methods of recruitment, submission of annexures prescribed under DOPT guidelines, covering notification, educational qualifications, documents relating to creation, merger, redesignation of posts, etc. The Check-list facilitates the Department to furnish a complete proposal. The points contained in the check-list have been incorporated in RRFAMS portal. Accordingly, while submitting proposals online on RRFAMS portal, the Department is required to furnish the relevant information/upload necessary documents on the portal.
What are the common deficiencies observed in the proposals?
The proposals, which are brought for consideration in the SWS or submitted online on the RRFAMS Portal, are generally found to have the following deficiencies:‐ a. Approval of the Competent Authority, authorized to approve the draft proposal, is not enclosed b. Relevant document(s) required under the Check‐list of the SWS are not enclosed c. Certificate of Court Case(s) (i.e., the proposal being not subjudice/under consideration of any Court), is not enclosed d. Necessary orders relating to creation/abolition/merger of posts are not enclosed in support of change in no. of posts e. Educational qualifications are not commensurate with duties and responsibilities of the post. f. Ambiguous domain experience in the experience clause, which could result in difficulty of interpretation at the time of recruitment.
What is the purpose of prescribing ‘Qualifying Service’ for promotion to the next higher Grade?
Qualifying Service is the minimum residency period prescribed in the Service Rules / Recruitment Rules that an incumbent has to serve in a Grade on a regular basis before being eligible to be promoted to the next higher grade.
Whether “equivalence” can be used to prescribe Educational Qualification?
DOP&T guidelines dated 31.12.2010 on framing/amendment/ relaxation of Recruitment Rules provide that the Ministries/ Departments should clearly specify the educational qualifications and avoid the usage of the term ‘or equivalent’. Ministries/Departments are required to clearly prescribe an exhaustive list of educational qualifications to match the duties and responsibilities of the post.
When is the UPSC associated with the Departmental Promotion Committee (DPC) for considering promotion to a given post?
UPSC is associated with the DPC in all cases of promotion to Group ‘A’ posts except where promotion is from Level‐10 to Level‐11.
Is the UPSC required to be associated in the Departmental Confirmation Committee constituted for considering confirmation of officers?
UPSC is not required to be associated with the Departmental Confirmation Committee for considering confirmation.
What is one time mode of recruitment and under what circumstances it can be considered?
In case of newly created posts, for which Recruitment Rules are not yet framed, and posts for which RR are repealed, and these posts are required to be filled on an urgent basis, the concerned Ministry/Department can make a reference to UPSC for determination of one‐time method of recruitment for filling up the post in the absence of Recruitment Rules. This method of recruitment is available once only and cannot be used again. The Department is required to frame Recruitment Rules in the meantime for further filling up of posts. This mode cannot be invoked in cases where Recruitment Rules exist but have become inoperable for any reasons.
What is the difference between relaxation in Recruitment Rules and one time mode of recruitment?
Recruitment Rules contain a ‘Power to relax’ clause as per which relaxation of certain provisions in Recruitment Rules can be resorted to in respect of a class or category of persons. On the other hand, one time mode of recruitment is sought by Ministries/Departments in cases where Recruitment Rules for a post do not exist and there are overriding compulsions for filling up the post in the absence of Recruitment Rules.
Whether Ministry/Department can seek review of advice of UPSC, given on framing/amendment of Recruitment Rules?
Ministry/Department can seek review of advice of UPSC before notification, giving detailed justification for the same. In case justification is considered appropriate by the Commission, revised advice is conveyed to the Ministry/Department. However, in case reasons for review are not considered justified by the Commission, Ministry/Department is informed accordingly with the request to notify the Recruitment Rules already advised. The review mechanism is also available on RRFAMS portal in case of online proposals.
What happens when a Ministry/Department disagrees with advice of UPSC on framing/amendment of Recruitment Rules?
As stated above, Ministry/Department can seek review of advice of UPSC, if required. However, in case Ministry/Department notifies any recruitment rules at variance with the advice of UPSC, such cases are treated as non‐acceptance of advice of the Commission. Details of such cases of disagreement are mentioned in the Annual Report of UPSC.
What is the prescribed time‐frame within which the Recruitment Rules advised upon by the UPSC, should be Notified by the Ministry/Department concerned?
The Recruitment Rules should be notified by the Ministry/ Department concerned within ten weeks of the receipt of the Advice of UPSC. Ministries/Departments are also required to furnish a copy of the notified Rules to UPSC for record. In so far as proposals processed online on RRFAMS portal, Ministries are required to upload a copy of the notification on RRFAMS portal. Cases, where notified Rules are not received/uploaded, are mentioned in the Annual Report of the UPSC, which is placed before the Parliament.
When is the Examination Notice issued?
UPSC Examination Notices encapsulate the Rules of Examinations notified by the Government. Examination Notices of all the 13 Structured Examinations are uploaded on the Commission’s website around 3 months before the date of Examination. Examination Notices (indicative) are also published in the Employment News/Rozgar Samachar.
What is the UPSC’s Annual Programme (Calendar) of Examinations/RTs (Recruitment Tests)?
The UPSC publishes an Annual Programme (Calendar) of all the Structured Examinations/RTs conducted by it at least 6 months in advance (i.e. in June) for the Examinations/RTs to be conducted during the next calendar year. The Programme is uploaded on the UPSC’s website as also published in the leading newspapers of the country. The date of issue of Examination Notice for each Examination is also mentioned in this Annual Programme.
How to apply for Examinations conducted by the UPSC?
Candidates can apply online for the UPSC Examinations by accessing the online portal hosted on the UPSC’s website (https://upsconline.nic.in).
How much time is given to the candidates for applying online?
Time for applying online is clearly mentioned in the Examination Notice. A candidate gets about 3 weeks time to apply online and can fill up the online application by following the instructions provided on the website for filling up online application.
What happens if a candidate submits multiple online applications?
While a candidate should avoid submitting more than one online application, in case of doing so, the data provided in the last application (highest RID Number), that is successfully submitted online, is accepted by the Commission. All previous applications are ignored as these are amalgamated with the last completed & finally submitted application. If an applicant (who has already submitted an application successfully) wants to make amendments in the application, then he has to submit a fresh application on or before the last date of submission of the application of the Examination. Therefore, it must be ensured that the fee is submitted against the last online application only, which should also be complete in all respects including its final submission. Fee paid against one RID shall not be adjusted against any other RID number.
When should I apply if I choose to pay by Bank Challan?
The closing date of the submission of the online application is clearly mentioned in the Examination Notice. Candidates, who make payments through Bank Challan, are required to submit the online application at least a day before the notified closing date so that they can generate the Bank Challan to be submitted in any Branch of SBI within Bank working hours throughout India. The facility of Challan generation is deactivated on the last day of online application automatically by the system. However, Candidates can submit Bank Challan on the last day in any Branch of the SBI. Bank Challan generation is in Part-II of Online Application.
Which category of candidates is exempted from payment of Examination fee?
For all the Examinations conducted by the Commission, Female candidates, Persons with Benchmark Disabilities (PwBD) and candidates belonging to the Scheduled Caste and Scheduled Tribe categories are exempted from payment of Examination Fee.
What is meant by ‘Fictitious Payment’ or ‘No Fee’?
Those payments mentioned by the candidates in their online application, which are not authenticated by the State Bank of India, i.e. the designated bank managing the entire payment module (including managing the payment gateway), are called Fictitious Payments or No Fee.
How does the Commission resolve Fictitious Payment or No Fee cases?
The applicants, whose payments are marked fictitious, are intimated through e-mail to submit physical proof of payment to the Commission. These applicants are required to submit the proof within the timeframe given in the email either by hand or by speed post to the Commission. In case no response is received from the applicants, their applications are summarily rejected, and no further correspondence is entertained in this regard.
What precautions must be taken by candidates for claiming community reservation or reservation for Persons with Benchmark Disabilities (PwBD)?
Candidates seeking reservation/ relaxation benefits available for Scheduled Caste/Scheduled Tribes/ Other Backward Classes/Economically Weaker Sections/Persons with Benchmark Disabilities/Ex-servicemen must ensure that they are entitled to such reservation/ relaxation in accordance with the eligibility prescribed in the Examination Rules/Notice. They should also be in possession of all the requisite certificates in the prescribed format in support of their claims for availing reservation before applying for the examination, and in any case, not later than the closing date for receipt of applications for the examination.
Can a candidate change his/her Community Status?
A candidate is eligible to get the benefit of community reservation if his/her caste/tribe is included in the reserved community as may be determined by the Central Government and he/she has claimed for the same. The Commission does not entertain a request for a change of community from unreserved to reserved category once the examination process is initiated. However, in some exceptional cases where a particular caste/tribe is included in the list of reserved community within 3 months from the date of submission of application, the Commission may consider a request for a change of community as a special case. In case of a candidate unfortunately becoming physically disabled during the course of the examination process, the candidate should produce a valid document showing him/her acquiring a disability to the extent of 40% or more as mentioned in the relevant rules to enable him/her to get the benefits of PwBD reservation.
Can a candidate change the Date of Birth from what he/she has submitted in the online application?
The Commission does not allow a change of Date of Birth that has been furnished by a candidate and recorded by the Commission on any ground whatsoever.
What action is taken by the Commission in case of submission of false information by the candidates?
A candidate found to be furnishing false information to the Commission or suppressing information, adopting various unfair means in the Examination like impersonation, cheating, etc., is liable to be disqualified and/or debarred from writing UPSC Examinations as decided by the Commission. A detailed stipulation in this regard is incorporated in the Rules of Examination/ Examination Notices.
When are the e-Admit Cards issued?
The eligible candidates are issued e-Admit Cards around three weeks before the commencement of the Examination. The e-Admit Cards are made available on the UPSC website [https://upsconline.nic.in] for downloading by the candidates. The Admit Card is not sent by post. If a candidate is not issued his/her e-Admit Card or does not receive any other communication regarding his/her candidature for the Examination around three weeks before the commencement of the examination, he/she should immediately contact the Commission at the concerned email ID. Information in this regard can also be obtained from the Facilitation Counter located in the Commission’s Office either in person or over phone Nos. 01123381125/011- 23385271/011-23098543.
What is the procedure adopted for allotment of Roll Numbers, Centre and Venues to the candidates?
Allotment of Roll Numbers and Venues to the eligible candidates is carried out though the computer in a random manner without manual intervention. The Commission makes all efforts to allot the candidate the Centre of his/her choice, which is done on the “first-apply-first allot” basis. Once the capacity of a particular Centre is exhausted, the same shall not be available to the applicants as an option. The applicants shall, therefore, be required to choose one of the available Centres. It is, thus, advised to apply early for getting the choice Centre. However, it may be noted that the Commission may change the Centres of the candidates as per its discretion to address the special situations arising at that point of time.
Are requests for change of Centre/ Venue accepted?
The candidates should note that no request for the change of Centre / Venue is accepted.
Can a candidate appear at a Centre/Venue other than the Venue mentioned on his/her e-Admit Card?
No candidate is allowed to appear at a Centre/Venue other than the Centre/Venue mentioned by the Commission on his/her e-Admit Card. If a candidate appears at such a Centre/Venue (except by a court order), the papers of that candidate shall not be evaluated, and his/her candidature will be liable for cancellation.
What are the precautions to be taken while uploading candidates’ photographs and signatures?
Before filling up the Online Application, a candidate must have his/her photograph and signature duly scanned in the “JPG” format in such a manner that each file should not exceed 300 KB and must not be less than 20 KB. The photograph and signature must be clearly discernible. Samples of acceptable photographs and signatures are displayed in the application module. Candidates should take due care while uploading their photograph since no changes are allowed once the photograph is uploaded, and online application is submitted. Uploading of photograph/signature is the sole responsibility of the candidate, and in case a wrong photograph/signature is uploaded, his/her candidature is liable to be cancelled for false identity. Candidates should check the e-Admit Card carefully, and discrepancies/errors, if any, should be brought to the notice of the UPSC immediately.
What items are banned at the Examination Venues during Examinations and during conduct of the Personality Tests (Interviews) in the UPSC premises?
(a) Mobile phones (even in switched-off mode), any electronic equipment or programmable device or storage media like a pen drive, smartwatches etc. or camera or Bluetooth devices or any other equipment or related accessories either in working or switched-off mode capable of being used as a communication device or any other communication devices and IT gadgets, are banned items and are, therefore, not allowed inside the premises of the Venue where the Examination is being conducted as also in the UPSC premises during the conduct of the Personality Tests (Interview). Any infringement of these instructions shall entail disciplinary action including cancellation of candidature for that Examination and debarment from all future Examinations/Selections of the Commission. (b) Candidates are advised in their interest not to bring any of the banned items including mobile phones/Bluetooth devices etc. (as detailed above) to the Venue of the Examination and the UPSC premises when the examination process is underway. (c) Candidates are also advised not to bring any valuable/expensive items to the Examination Halls/UPSC premises, as safety of such items cannot be assured. The Commission will not be responsible for any loss in this regard.
Is it essential to carry Photo ID Card for appearing at an Examination/Interview?
The applicant is required to fill in the number of the Photo ID Card (viz. Aadhaar Card/Voter Card/PAN Card/Passport/Driving Licence/Any other Photo ID Card issued by the Central/State/UT Government) and to upload the same while filling up the online application form of an Examination of the Commission. The above number of the Photo ID Card is printed on the e-Admit Card of the Examination issued to the candidate. The candidate is then required to carry the same Photo ID Card along with the e-Admit Card/e-Summon Letter for appearing at the Examination/Interview. This Photo ID Card will be used for all future referencing. In case he/she is unable to produce the same during Examination/Interview, he/she will have to submit an Undertaking along with any other Photo ID Card issued by the Central/State/UT Government.
What are the timing for reporting at the Examination Venue and the time of closure of entry into the Examination Venue?
The candidates are advised to reach the Venue well in time so that their entry inside the Examination Venue could be ensured smoothly after observing necessary protocol. As regards time for the closure of entry, the candidate may note that the entry into the Examination Venue is closed 10 minutes before the commencement of the Examination Session e.g. if Session starts at 10:00 a.m., the entry inside the Examination Venue shall be closed sharp at 09:50 a.m.
What precautions should be taken while filling up the Online Application Form?
Please read the instructions carefully before filling up the Online Application Form.
What is RID?
RID is Registration ID, which is generated by the system when the applicant completes PART-I registration of his/her application.
What is TID?
TID is Transaction ID, which is given by the State Bank India when the applicant deposits his/her fee in cash. It is automatically generated when Internet Banking or credit/debit card mode is used for making the fee payment.
What is meant by Part I and Part II of the Application Form?
Online Application Form consists of two parts i.e. Part I and Part II. a) Part I of the Application has personal details like name, father’s/mother’s name, date of birth, address, educational qualification, age relaxation, scribe details (only for PwBD candidates opting for a scribe) and preferences of particular Examination etc. The applicants are also required to mention the number of Photo ID Card. b) Part II of the Application consists of payment option for Examination Fee (only for those who are not exempted from payment of fee), Centre of Examination along with uploading of photo, signature, and photo ID card of the candidate. Candidate has to complete both Part I and Part II and submit finally to be a candidate of the said Examination.
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