Treatment of Timeline under CCA & Pension Rules during lockdown period due to COVID-19: DoPT’s instructions reg Suspension, Chargesheet, Voluntary Retirement etc.

Treatment of Timeline under CCA & Pension Rules during lockdown period due to COVID-19: DoPT’s instructions reg Suspension, Chargesheet,...

Treatment of Timeline under CCA & Pension Rules during lockdown period due to COVID-19: DoPT’s instructions reg Suspension, Chargesheet, Voluntary Retirement etc.

F.No.11012/09/2016 – Estt.A-III
Government of India
Department of Personnel and Training
(Establishment A-III Desk)

North Block, New Delhi
Dated the 30th March, 2020

OFFICE MEMORANDUM

Subject – Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS(Pension) Rules, 1972 – reg.

The undersigned is directed to refer to Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] and Central Civil Services (Pension) Rules, 1972 [CCS(Pension) Rules, 1972] and the instructions issued under these Rules wherein certain time-limes have been prescribed for various activities/events/procedures relating to procedures under the said Rules. For instance, in the said Rules/instructions, time limits have been prescribed for the following: –

(i) Review of order of suspension before its expiry date [Rule 10(6) of CCS(CCA) Rules,1965]

(ii) Submission of written statement of defence on the charge-sheet by the charged officer [Sub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965]

(iii) issuance of charge-sheet once a decision is taken by the Disciplinary Authority to initiate Disciplinary proceedings.[DoP&T’s O.M. No. 425/04/2012-AVD-N(A) dated 29.11.2012]

(iv) completion of Inquiry and submission of report by the Inquiring Authority [Sub rule (24) in Rule 14 of CCS (CCA) Rules, 1965]

(v) disciplinary proceedings initiated against a Pensioner shall not be in respect of an event which took place four years before such initiation.[Rule 9 of CCS(Pension) Rules, 1972]

(vi) Acceptance of notice of VRS under Rule 48A of CCS(Pension) Rules, 1972 (The list is only illustrative and not exhaustive)

2. Consequent upon the outbreak of COVID-19, and considering the unprecedented situation of the Lockdown w.e.f. 24th March 2020, it may not be feasible to adhere to the timelines prescribed in the said Rules and to the instructions issued under the Rules. It has accordingly been decided not to count the period of the Lockdown for the purposes of adherence to the prescribed timelines, including those listed above. For example, if the due date for completing a process/work/event at the start of the Lockdown falls after 20 days, then the due date will get postponed by the number of Lockdown days and the same number (20) of days will be available to complete the work after the Lockdown is lifted.

3. However, after the Lockdown is lifted, if the time left to complete the task is less than 15 days, then the processes may be allowed to be completed within 15 days.

4. In addition, timelines may have been prescribed for receipt of applications for direct recruitment, deputation, etc. Where the last date of receipt of application for direct recruitment, deputation etc. falls within the period of the Lockdown, the last date shall be extended by the number of days of the Lockdown. Similarly, the time limits prescribed in the CCS (Conduct) Rules, 1964, for various purposes shall also be extended by the number of days of the Lockdown.

5. These instructions are applicable only in such cases where there is an intervening Lockdown period and it will not be applicable otherwise.

(Sujata Chaturvedi)
Additional Secretary to the Government of India

Source: [http://documents.doptcirculars.nic.in/D2/D02est/11012092016-Estt-A-IIItUXLh.pdf