New Deputation in National Investigative Agency(NIA)

 NIA has invited application vide its leter No No E-74/20/SI- Depu/ NIA/20 12/29 288,  Dated .}27 Aug 2013 Nominations are invited for the the following posts on deputation basis in National Investigation Agency.
(a) Sub Inspector in the Pay Band-2 with Grade Pay Rs 4200/-
(Pre revised scale Rs 5500-175-9000).
(h) Inspector in the Pay Band -2 with Grade Pay Rs 460 0 / -
(pre revised scale Rs 6500-200 - 10500)
2. The eligib ility criteria (educational qualifications, experience, etc) is  furnished in Annexure-I 'A' & I 'B' respectively. The candidates who apply for the post will not be allowed to withdraw their candidature subsequently.
3. The nominations of eligible official a longwith following documents may be forwarded to th e AIG(Adml, NIA HO, 6/7th Floor, NDCC-II Building, Jai Singh Road, New Delhi-ll0001 through proper channel within 02 months.from the date of publication of this advertisement in th e 'Employment News'.
(a) Bio-data in th e prescribed proforma as per Annexure -II duly cou n ters ign ed by the competent authority.
(b) Up to date APAR dossier from the yea r 2008-09 to 2012-13 (in case photocopies are being sen t, it may kindly be ensured that these are attested on each page with rubber stamp by an officer not below the
rank of Under Secretary to the Government of India).
(c) Vigilance Clearance Certificate.
(d) Integrity Certificate.
(e) The details of Major/ Minor penalties imposed on the official during the last 10 yea r s .
4. Applications received after the last date or application in complete in any respect or those not accompanied by the documents/information in para 3 above will not be considered. The Cadre Authorities may ascertain that the particulars sent by the official are correct as per the records.
5. Th e complete information and Annexure-I & II are websites www.nia.gov.in  or http://www.nia.gov.in/deputation27082013.pdf

What are types of leaves available to a Government Employee?

Different Types of Leave available to central government employees and a brief description of each leave.

1.   Earned Leave

2.   Half Pay Leave

3.   Commuted Leave

4.   Leave Not Due

5.  Maternity Leave

6.  Paternity Leave

7.  Study Leave

8.  Extra Ordinary Leave

9. Casual Leave

10.Child Care Leave

11.Hospital Leave

12.Vocational Department Staff Leave

13: Special Disability Leave

14. Child Adoption Leave

15. Leave to Probationers

16. Leave to Apprentices

1. Earned Leave:-   Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave :-  All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave:-   This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.
It can be taken  up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due:-  This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate  if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry.  It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and  due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave :-  Maternity leave is granted to women government employees.
1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.
2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.
The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave :- A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave:- Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.
The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.
The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.
Study leave will not be debited to the leave account and may be combined with other leave due.
Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave :- Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and  EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave :- In a calendar year eight days of casual leave is permissible.
Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.
(ii) It cannot be combined with joining time.
(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.
(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.
(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.
(vi) Casual Leave can be taken for half day also.
(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time,
except under special circumstances.
(viii) LTC can be availed du ring Casual Leave.
(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave :- Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..
Conditions for Child Care Leave
1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.
2. It can be availed in more than one spell.
3. It can not be debited against the leave account.
4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave:- Hospital leave is admissible to Group 'C' employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group 'D' Employees.
Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement :- The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of 'earned leave'.
No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave :- Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or  caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.
May be combined with any other leave.
Will count as service for pension.
Will not be debited to the leave account.

14. Child Adoption Leave:-  Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave.
It may be combined with leave of any other kind.
Leave not debited against the leave account.

15. Leave to Probationers :- A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices :- Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship.

What is eligibility criteria for Motor Car, Motorcycle, Scooter and Moped etc Advance:

F.No 12(I)/E.II-A/2008

GOVERNMENT OF INDIA

Ministry of Finance

(Department of Expenditure

North Block,New Delhi
Dated 24th October,2008

OFFICE MEMORANDUM

Sub: Interest bearing advances / Sixth Central Pay Commission recommendation

The undersigned is directed to state that the implementation of the recommendations of the Sixth Central Pay Commission relating to interest bearing advances granted to Government employees is under consideration of the Government.

2. Meanwhile, pending finalization of the new arrangement, the existing provisions for interest bearing advances relating to purchse of Motor Car,Motorcycle, Scooter, Moped and Personal Computer would continue to be in operation. The eligibility criteria will be as follows:

Advance	Eligibility Criteria
Motor Car (including Personal Computer)	Pay in the pay band of Rs.19530/- (Nineteen thousand five hundred and thirty only) or more
Motor Car, Scooter, Moped	Pay in the pay band of Rs.8560/- (Eight thousand five hundred and sixth only) or more

3. The quantum of advances would be determined with reference to pay in the pay band and existing ceiling would remain unchanged.

4. Advances for purchase of Bicycle and Warm Clothing (provided for in Rule 31 and 35 respectively of the Compendium of Rules on Advances to Government Servants) are to be treated as interest free advances in terms of this Department's OM of even number dated 7th October,2008.

5. Hindi version will follow.

Supply of copies of documents to the delinquent official :-

A question often arises whether a particular document or set of documents asked for by a Government servant involved in a departmental inquiry should be made available to him or not; and pending the decision of the question the submission of the written statement by the Government servant concerned is delayed, in some cases for months.  In view of this and also of the judgement pronounced by the Supreme Court in Raizada Trilok Nath Vs. the Union of India in which it has been decided that failure to furnish copies of documents such as the First Information Report and statements recorded during investigation amounts to a violation of Article 311 (2) of the Constitution, the whole question of the extent of access to official records to which a Government servant is entitled under sub-rule 4 of Rule 5 of the All India Services (Discipline & Appeal) Rules or sub-rule 3 of Rule 15 of the Central civil Services (Classification, Control and Appeal) Rules has been examined in consultation with the Ministry of Law.

2.          The right of access to official records is not unlimited and it is open to the Government to deny such access if in its opinion such records are not relevant to the case, or it is not desirable in the public interest to allow such access.  The power to refuse access to official records should, however, be very sparingly exercised.  The question of relevancy should be looked at from the point of view of the defence and if there is any possible line of defence to which the document may, in some way be relevant though the relevance is not clear to the disciplinary authority at the time that the request is made, the request for access should not be rejected.  The power to deny access on the ground of public interest should be exercised only when there are reasonable and sufficient grounds to believe that public interest will clearly suffer.  Cases of the latter type are likely to be very few and normally occasion for refusal of access on the ground that it is not in public interest should not arise if the document is intended to be used in proof of the charge and if it is proposed to produce such a document before the Inquiry Officer, if an enquiry comes to be held.  It has to be remembered that serious difficulties arise when the Courts do not accept as correct the refusal by the disciplinary authority, of access to documents.  In any case, where it is decided to refuse access, reasons for refusal should be cogent and substantial and should invariable be recorded in writing.

3.          Government servants involved in departmental enquiries often ask for access to and or supply of copies of :

(1)        documents to which reference has been made in the statement of allegations;

(2)        documents and records not so referred to in the statement of allegations but which the Government servant concerned considers are relevant for the purposes of his defence;

(3)        statement of witnesses recorded in the course of –

(a)        a preliminary enquiry conducted by the department; or

(b)         investigation made by the Police;

(4)         reports submitted to Government or other competent authority including the disciplinary authority, by an officer appointed to hold a preliminary inquiry to ascertain facts;

(5)         reports submitted to Government or other competent authority including the disciplinary authority, by the Police   after investigation.

4.          A list of the documents which are proposed to be relied upon to prove the charge and the facts stated in the statement of allegations should be drawn up at the time of framing the charge.  This will incidentally reduce the delay that usually occurs between the service of the charge-sheet and the submission of the written statement.  The list should normally include documents like the First Information Report if there is one on record.  Anonymous and pseudonymous complaints on the basis of which inquiries were started need not be included in the list.  The list so prepared should be supplied to the officers either alongwith the charge-sheet or as soon thereafter as possible.  The officer should be permitted access to the documents mentioned in the list if he so desires.

5.          If the officer requests for any official records other than those included in the list, the request should ordinarily be acceded to in the light of what has been stated in para 2 above.

6.          While there is no doubt that the Government servant should be given access to various official records like documents to which reference has been made in the statement of allegations and documents and records which the Government servant concerned considers are relevant for the purposes of his defence though the relevancy is not clear to the disciplinary authority, doubts very often arise whether official records include the documents mentioned at item 4 and 5 in para 3 above.  Reports made after a preliminary enquiry, or the report made by the Police after investigation, other than those referred to in clause (a) of Sub- Section 1 of Section 173 of the Code of Criminal Procedure, 1898, are usually Confidential and intended only to satisfy the competent authority whether further action in the nature of a regular departmental inquiry or any other action is called for.  These reports are not usually made use of or considered in the inquiry.  Ordinarily even a reference to what is contained in these reports is not made in the statement of allegation.  It is not necessary to give access to the Government servant to these reports. (It is necessary to strictly avoid any reference to such reports in the statement of allegations as, if any reference is made, it would not be possible to deny access to these reports; and giving of such access to these reports will not be in public interest for the reasons stated above).

7.          The only remaining point is whether access should be given to the statements of witnesses recorded in the course of a preliminary enquiry conducted by the department or investigation made by the Police and if so, whether the access should be given to the statements of all witnesses or to the statements of only those witnesses who are proposed to be examined in proof of the charges or of the facts stated in the statement of allegations. These statements can be used only for the purposes of cross-examination and the Government servant is called upon to discredit only those witnesses whose statements are proposed to be relied upon in proof of the charges or of the facts stated in the statement of allegations.          

As such the Government servant concerned need not be given  access to the statements of all witnesses examined in the preliminary enquiry  or investigation made by the Police and access should be given to the statements of only those witnesses who are proposed to be examined in proof of the charges or the facts stated in the statement of allegations.  In some cases, the Government servant may require copies of the statements of some witnesses on which no reliance is proposed to be placed by the disciplinary authority on the ground that he proposes to examine such witnesses on his side and that he requires the previous statement to corroborate the testimony of such witnesses before the inquiring authority.  Previous statements made by a person examined as a witness is not admissible for the purposes of corroboration and access to such statements can safely be denied.  However, the law recognizes that if the former statement was made at or about the time when the fact took place and the person is called to give evidence about such fact in any proceedings, the previous statement can be used for purposes of corroboration.  In such cases, it will be necessary to give access to the previous statement.

8.          The further point is the stage at which the Government servant should be permitted to have access to the statements of witnesses proposed to be relied upon in proof of the charges or of the facts stated in the statements of allegation.  As stated earlier, the copies of the statements of the witnesses can be used only for the purpose of cross-examination and, therefore, the demand for copies must be made when witnesses are called for examination at the oral enquiry.  If such a request is not made, the inference would be that the copies were not needed for that purpose.  The copies cannot be used at any subsequent stage as those statements are not to be taken into consideration by the disciplinary authority also.  Copies should be made available within a reasonable time before the witnesses are examined.  It would be strictly legal to refuse access to the copies of the statements prior to the evidence stage in the departmental enquiry.  However, if the Government servant makes a request for supply of copies of statements referred to at (3) of para 3 above before he files a written statement, the request shall be acceded to.

9.          Neither sub-rule (4) of Rule 5 of All India Services (Discipline and Appeal)  Rules nor sub-rule (3) of Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules provide for supply of copies of documents.  Therefore, it is not ordinarily necessary to supply copies of the various documents and it would be sufficient if the Government servant is given such access as is permitted under the rules referred to above. Government servants involved in departmental proceedings when permitted to have access to official records sometimes seek permission to take photostat copies thereof.  Such permission should not normally be given, especially if the officer proposes to make the photostat copies through a private photographer as thereby third parties would be allowed to have access to official records which is not desirable.  If, however, the documents of which photostat copies are sought for are so vitally relevant to the case (e.g., where the proof of the charge depends upon the proof of the handwriting or a document the authenticity of which is disputed), the Government should itself make photostat copies and supply the same to the Government servant.  In cases which are not of this or similar type (the example given above is only illustrative and not exhaustive), it would be sufficient if the Government servant is permitted to inspect the official records and take extract therefrom as is provided for in sub-rule (3) of Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules.  Sub-rule (4) of Rule 5 of the All India Services (Discipline and Appeal) Rules does not specifically provide for the Government servant taking extract from official records.  The practice, however, is that officers governed by the All India Services (Discipline and Appeal) Rules do take such extracts from records.  This practice should be continued and no restriction should be placed on such officials from taking extracts from official records.

[MHA OM No. 30/5/61-AVD dated the 25^th August, 1961]

Registering name with Employment Exchange for higher posts not permissible when penalty is in force :- CCS(CCA) Rule

The Government had under consideration the question whether a Government servant on whom a penalty has been imposed can be permitted to register his name with the Employment Exchange for a higher post, when the duration of the penalty is not yet over.  It has since been decided that a Government servant on whom the penalty specified in clauses (ii) and (iv) of rule 11 of the CCS (CCA) Rules, 1965 has been imposed should not be allowed to register his name with the Employment Exchange for higher posts during the period the penalty in is force.

[MHA OM No. 14/6/65-Ests.(D) dated the 22^nd February, 1965].

What is difference between Censure and Warning in CCS(CCA) Rule :-

An order of “Censure” is a formal and public act intended to convey that the person concerned has been guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment, and nothing can amount to a “censure” unless it is intended to be such a formal punishment and imposed for “good and sufficient reason” after following the prescribed procedure.  A record of the punishment so imposed is kept on the officer’s confidential roll and the fact that he has been ‘censured’ will have its bearing on the assessment of his merit or suitability for promotion to higher posts.

There may be occasions, on the other hand, when a superior officer may find it necessary to criticise adversely the work of an officer working under (e.g. point out negligence, carelessness, lack of thoroughness, delay etc.) or he may call for an explanation for some act or omission and taking all circumstance into consideration, it may be felt that, while the matter is not serious enough to justify the imposition of the formal punishment of ‘censure’ it calls for some informal action such as the communication of a written warning, admonition or reprimand, if the circumstances justify it, a mention may also be made of such a warning etc., in the officer’s confidential roll; however, the mere fact that it is so mentioned in the character roll does not convert the warning etc. into “censure”.  Although such comments, remarks, warning etc., also would have the effect of making it apparent or known to the person concerned that he has done something blame-worthy and, to some extent, may also effect the assessment of his merit and suitability for promotion, they do not amount to the imposition of the penalty of ‘Censure’ because it was not intended that any formal punishment should be inflicted.

The fact that a mere informal ‘warning’ cannot be equated to a formal ‘censure’, should not, however, be taken as tantamount to suggestion that a written warning may be freely given without caring whether or not it is really justified.  It is a matter of simple natural justice that written warnings, reprimands, etc. should not be administered or placed on an officer’s confidential record unless the authority doing so is satisfied that there is good and sufficient reason to do so.  Paragraph 6 of the Home Ministry’s Office Memorandum No. 51/5/54-Ests.(A) dated the 27^th January, 1955 provides detailed guidance in the matter of recording adverse remarks in confidential reports.  It may be reiterated here that in the discharge of the responsible task of recording the confidential reports, every reporting officer should be conscious of the fact that it is his duty not only to make an objective assessment of his subordinates’ work and qualities, but also to see that he gives to his subordinates at all times the advice, guidance and assistance to correct their faults and deficiencies.  If this part of the reporting officers’ duty has been properly performed there should be no difficulty about recording adverse entries because they would only refer to the defects which have persisted in spite of reporting officer’s efforts to have them corrected.  If after having taken such care the reporting officer finds that for the purpose of truly objective assessment mention should be made of any warning, admonition etc. issued, especially those which have not produced the desired improvement, it is his right and duty to so mention them.  In process of bringing the defects to the notice of person concerned, where an explanation is possible an opportunity to do so should be given.  This cannot, however, be equated to formal proceedings required to be taken under Rule 55-A (now rule 16) of Rules, nor the warning given amounts to the imposition of a formal penalty.

[MHA OM No. 39/21/56-Ests.(A) dated the 13^th December, 1956].