Appendix Odisha
Appendix Odisha
Appendix Odisha
APPENDICES
Supplementary at :-
* APPENDIX - I
** APPENDIX - II
**** APPENDIX - IV
***** APPENDIX - V
APPENDIX I
No. 10237-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
RESOLUTION
The 20th March 2002
Subject – Seniority of the Scheduled Castes and Scheduled Tribes Government servants on promotion by virtue of
rule of reservation/roster.
The principle of fixation of inter se seniority of General, Scheduled Caste and Scheduled Tribe Government
servants in the promotional posts has engaged the attention of the Government for sometime past. Earlier Government
in their Resolution No. 39734 (e)-Gen., dated the 2nd November 2000 has adopted the principle of fixation of seniority
between General, Scheduled Castes and Scheduled Tribes candidates in the promotional posts in the State Civil
Services/posts as an interim measure in pursuance of the guidelines contained in Office Memorandum No. 20011/1/96-
Esst. (D), dated the 30th January 1997 and No. 20011/2/97-Estt. (D), dated the 21st March 1997 of the Government of
India, Ministry of Personnel, P. G. and Pensions (Department of Personnel and Training). Meanwhile the Government
of India, Ministry of Personnel, Public Grievance and Pension (Department of Personnel and Training) in their Office
Memorandum No. 20011/1/2001-Estt. (D), dated the 21st January 2002 have decided to negate the effects of the Office
Memorandum, dated the 30th January 1997 and 21st March 1997 after amending Article 16 (4-A) of the constitution
right from the date of its inclusion in the constitution, i.e., 17th June 1995 with a view to allowing the Government
servants belonging to Scheduled Castes and Scheduled Tribes to retain their seniority in the case of promotion by
virtue of rule of reservation.
2. In the above premises, the Government after careful consideration, have been pleased to decide to withdraw
the G. A. Department Resolution No. 39734 (e),-Gen., dated the 2nd November 2000 along with the previous
Resolution No. 21260-Gen., dated the 16th June 2000 and Office Order No. 30083-Gen., dated the 27th July 2000 on
the subject. The guidelines issued by the Government of India, Ministry of Personnel, Public Grievances and Pension
(Department of Personnel and Training) in their Office Memorandum No. 20011/1/2001-Estt. (D), dated the 21st
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January 2002 (Copy enclosed) shall be followed in letter and spirit for fixation of seniority of SC/ST Government
servants on promotion by virtue of rules of reservation in the State Civil Services/Posts. In other words, consequent
upon withdrawal of DOPT O. M. No. 20011-1/1996-Estt. (D), dated the 30th January 1997, read with DOPT. O. M.
No. 20011/2/1997-Estt. (D), dated the 21st March 1997, the catch up principle enunciated therein and adopted by the
State Government in G. A. Department Resolution No. 39734, dated the 2nd November 2000 shall not be followed any
longer. The Government servants belonging to S.Cs./S.Ts. shall retain their seniority in the case of promotion by virtue
of rule of reservation. On the other hand the Government servants belonging to General/O. B. C. category promoted
later will be placed junior to the S.C./S.T. government servants promoted earlier even though by virtue of the rule of
reservation.
3. All the Departments of Government are requested to implement the above decision and issue necessary
instructions to all the Heads of Departments, Public Sector Undertakings and other Appointing Authorities under their
administrative control for taking immediate action accordingly.
4. This has been concurred in by the Law Department in their U. O. R. No. 363-L., dated the 2nd March 2002.
(b) the above decision shall be effective from the 17th June 1995
(ii) The instructions contained in DOPT O. M. No. 20011-1/96-Estt. (D), dated the 30th January 1997 as
well as the clarifications contained in DOPT O. M. No. 20011-2/97-Estt. (D), dated the 21st March
1997 shall stand withdrawn w.e.f. the 30th January 1997 itself.
(iii) Seniority of Government servants determined in the light of O. M., dated the 30th January 1997 shall
be revised as if that O. M. was never issued.
(iv) (a) On the basis of the revised seniority, consequential benefits like promotion, pay, pension, etc. should
be allowed to the concerned SC/ST Government servants (but without arrears by applying principle of
‘no work no pay’).
(b) For this purpose, senior SC/ST Government servants may be granted promotion with effect from the
date of promotion of their immediate junior general/OBC Government servants.
(c) Such promotion of SC/ST Government servant may be ordered with the approval of Appointing
Authority of the post to which the Government servant is to be promoted at each level after following
normal procedure of DPC (including consultation with UPSC).
(d) Except seniority other consequential benefits like promotion, pay, etc. (including retrial benefits in
respects of those who have already retired) allowed to general/OBC Government servant by virtue of
implementation of O. M., dated the 30th January 1997 and/or in pursuance of the directions of
CAT/Court should be protected as personal to them.
5. All Ministries/Departments are requested to bring the above decisions to the notice of all concerned for
guidance and compliance. Necessary action to implement the decisions contained in Para. (iii) above may be
completed within three months from the date of issue of these instructions and necessary action to implement the
decision at Para. (iv) above may be completed within 6 months from the date of issue of these instructions.
6. Hindi verson will follow.
ALOK SAXENA
Deputy Secretary to Government of India
No. 24896-S.C./6-34/2001-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
The 3rd August 2002
To
All Departments of Government
All Heads of Departments
All Collectors.
Subject – Timely holding of meeting of Departmental Promotion Committee/Selection Board.
It has been noticed that some times Departmental Promotion Committee/Selection Board do not meet in time to
select suitable persons for promotion to higher ranks. Consequently a good number of posts in higher ranks remain
vacant, which affects the Administration of various programmes.
2. In order to hold the meetings of Departmental Promotion Committee/Selection Board promptly and allow
promotions in time, henceforth the following guidelines shall be strictly adhered to:
2.1. After computing the vacancies pertaining to the year, the list of eligible persons shall be prepared in
advance before the Departmental Promotion Committee/Selection Board meets. Simultaneously, reports on criminal
case/disciplinary proceedings, if any pending against such persons and also their confidential character rolls for the
relevant periods shall be called for from the concerned authorities. Necessary compliance shall be made by the
concerned authorities to the requisitioning authorities within one month of requisition.
2.2 On receipt of clearance reports on criminal cases/disciplinary proceedings and the confidential character
rolls, necessary memorandum/statement to be placed before the Departmental Promotion Committee/Selection Board
shall be prepared by the end of the month immediately preceding the month in which the Departmental Promotion
Committee/Selection Board shall meet.
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2.3. At least three days’ notice shall be given to the members while convening the meeting of Departmental
Promotion Committee/Selection Board.
2.4. The relevant Cadre rules, the O. C. S. (Criteria for Promotion) Rules, 1992, the O. C. S. (Zone of
Consideration) Rules, 1988, the O. R. V. Act, 1975 and rules framed thereunder, the sealed cover procedure prescribed
in G. A. Department O. M. No. 3928, dated the 18th February 1994 and subsequent instructions thereon shall be
properly kept in view while preparing the memorandum and the same shall also be placed before the Departmental
Promotion Committee/Selection Board for correct and fair selection.
S. SRINIVASAN
Special Secretary to Government
APPENDIX II
No. 36908 (e) – SC. 3/34/2002-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
The 30th November 2002
To
All Departments of Government
All Heads of Departments
All Collectors.
Subject – Framing of charges in major penalty proceedings U/R 15 (2) of the O. C. S. (C. C. & A.) Rules, 1962 – Use
of standard Forms regarding -
The Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 U/R 15 envisages detailed
procedures regulating imposition of major penalty on a Government servant. Sub-rule (2) of the said Rule implies that
the disciplinary authority shall frame definite charges on the basis of allegations on which the inquiry is to be
conducted and that the charges together with a statement of allegations shall be communicated to the Government
servant calling upon him to submit his written statement of defence within a specified time.
Instances have come to the notice of Government that charge-sheet in major penalty proceedings are at present
being drawn up by the disciplinary authorities using non-standard forms which vary from one another. With a view to
ensuring uniformity in all such major penalty proceedings, it has been decided to follow the enclosed standard form
comprising four parts viz (i) memorandum, (ii) Articles of charge, (iii) Statement of imputation of misconduct and (iv)
Memos. of evidence. This form and format should be uniformly adopted in future.
It is requested that all the disciplinary authorities should strictly adhere to the above standard forms henceforth.
All subordinate offices functioning under their control may be informed accordingly.
R. N. BOHIDAR
Special Secretary to Government
MEMORANDUM
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enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct in support of the
articles of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the
articles of charge are proposed to be sustained is also enclosed (Annexure-III).
3. He may peruse the relevant records in the office of the ………………………………………….. and take
relevant extract thereof to submit his written statement of defence with permission from the competent authority.
4. If he fails to submit his written statement of defence within the stipulated period of 30 days from the date of
receipt of this memorandum, it will be presumed that he has no explanation to offer and action will be taken as deemed
proper ex parte.
*
By order of the Governor
Secretary to Government
or
Designation of the Disciplinary/Authority
ANNEXURE I
ARTICLES OF CHARGE
*(That ……………………………………………………………………………………………………….
………………………………………………………………………………………………………………………)
Thus the following articles of charge are framed against him for violation of Rule
……………………………………………… of the Orissa Government Servant’s Conduct Rules, 1959.
I.
II.
III.
* Definite and distinct articles of charge drawn from substance of imputations of misconduct or misbehaviour.
ANNEXURE II
STATEMENT OF IMPUTATIONS OF MISCONDUCT
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ANNEXURE III
MEMOS. OF EVIDENCE
Articles of Charge Documents by which the charge is Witness by whom the charge is
proposed to be sustained proposed to be sustained
1.
2.
3.
R. N. BOHIDAR
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M. B. K. RAO
Deputy Secretary to Government
FORM NO. I
OFFICE ORDER
WHEREAS a disciplinary proceeding against Shri ……………………………………………………….
……………………………………………………. (name and designation of the Government Servant) is
contemplated/pending, NOW, THEREFORE, the Governor of Orissa/the Appointing Authority/the Competent
Authority, in exercise of the powers conferred by clause (a) of sub-rule (1) of Rule 12 of the Orissa Civil Services
(Classification Control and Appeal) Rules, 1962, hereby places the said Shri………………………………………
…………………………………………………… under suspension with immediate effect.
It is further ordered that during the period that this order shall remain in force, the Headquarters of
Shri……………………………………………………………………………………... (name and designation of the
Government Servant) shall be …………………………………………………………. (name of the place) and the said
Shri …………………………………………………………………………………… shall not leave the Headquarters
without obtaining the previous permission of the undersigned/Competent Authority and he shall be entitled to the
payment of subsistence allowance in accordance with Rule 90 of the Orissa Service Code.
*
By order of the Governor
Secretary to Government
or
Designation of the Suspending Authority
FORM NO. II
OFFICE ORDER
WHEREAS a case against Shri …………………………………………………………………………….
……………………………………………………. (Name and designation of the Government Servant) in respect of
any Criminal Offence is under investigation/inquiry/trial. NOW, THEREFORE, the Governor of Orissa/the Appointing
Authority/the Competent Authority, in exercise of the powers conferred by clause (b) of sub-rule (1) of Rule 12 of the
Orissa Civil Services (Classification Control and Appeal) Rules, 1962, hereby places the said
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*
By order of the Governor
Secretary to Government
or
Designation of the Suspending Authority
*
By order of the Governor
Secretary to Government
or
Designation of the Suspending Authority
APPENDIX III
No. 8596-2M-64/93-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
The 2nd May 1994
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To
All Departments of Government
All Heads of the Departments
All District Offices.
Subject – Action against Government servants to be taken if they are later found ineligible or unqualified for their
initial recruitment.
It has been brought to the notice of Government that in some cases Government servants are appointed to
different posts/services without possessing the requisite qualifications prescribed for the said post by furnishing false
information or producing false certificate.
2. A question has now arisen as to whether a Government servant can be discharged from service where it is
discovered later that the Government servant was not qualified or eligible for his initial recruitment in service. the
Supreme Court in its judgement in the District Collector, Vizianagaram Vs. M. Tripura Sundari Devi [1990 (4) SLR
237] went into this issue and observed as under :-
“It must further be realized by all concerned that when an advertisement mentions a particular qualification and
an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the
appointee concerned, the aggrieved are all those who had similar or better qualifications them the appointee or
appointees but who had not applied for the post because they did not possess the qualifications mentioned in the
advertisement. It amounts to a fraud on public to appoint a person with inferior qualifications in such circumstances
unless it is clearly stated that the qualifications are relaxable. No Court should be a party to the perpetuation of the
fraudulent practice.”
3. Government after careful examination and in consultation with the Law Department have decided that
whenever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules, etc.
for initial recruitment in service or had furnished false information or produced a false certificate in order to secure
appointment, he should not be retained in service. If he is a probationer or a temporary Govt. servant, he should be
discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as
prescribed under Rule 15 of O. C. S. (C. C. & A.) Rules, 1962 may be conducted and if the charges are proved, the
Government servant should be removed or dismissed form service. In no circumstances should any other penalty be
imposed.
4. Such discharge, termination, removal or dismissal from service would, however, be without prejudice to the
right of the Government to prosecute such Government servants.
5. All Departments/Heads of Departments/Collectors are requested to bring the above to the notice of all
concerned for information and necessary action.
The receipt of the letter may kindly be acknowledged.
PRITIMAN SARKAR
Special Secretary to Government
APPENDIX IV
No. 7902-O. S. S. C. - 30/2000-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
NOTIFICATION
The 2nd March 2001
In exercise of the powers conferred by the proviso to Rule 4 of the Orissa Staff Selection Commission Rules,
1993, the Governor of Orissa has been pleased to include in the list, the post of Inspector of Supplies under schedule I
appended to the Orissa Staff Selection Commission (Amendment) Rules, 1998 as follows :-
In the said schedule in serial No. 8 against the Department “Food Supplies and Consumer Welfare” the
following post shall be added in column (3), namely :-
“3. Inspector of Supplies.”
By order of the Governor
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U. N. BEHERA
Special Secretary to Government
No. 7906-O. S. S. C. - 23/2000-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
NOTIFICATION
The 2nd March 2001
In exercise of the powers conferred by the proviso to Rule 4 of the Orissa Staff Selection Commission Rules,
1993, the State Government do hereby include in the list, the posts of Gram Panchayat Extension Officer and Progress
Assistant under schedule I appended to the Orissa Staff Selection Commission (Amendment) Rules, 1998 as follows :-
In the said schedule in serial No. 16 against the Department “Panchayati Raj” the following posts shall be
added in column (3), namely :-
“1. Gram Panchayat Extension Officer
2. Progress Assistant.”
By order of the Governor
U. N. BEHERA
Special Secretary to Government
No. 20925-O. S. S. C. - 53/2002-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
NOTIFICATION
The 1st July 2002
In exercise of the powers conferred by the proviso to Rule 4 of the Orissa Staff Selection Commission Rules,
1993, the State Government do hereby include in the list, the posts of Homoeopathic medical Officers (H.M.O.) and
Ayurvedic Medical Officer (A. M. O.) under schedule I appended to the Orissa Staff Selection Commission
(Amendment) Rules, 1998 as follows :-
In the said schedule in serial No. 10 against the Department “Health & Family Welfare” the following posts
shall be added in column (3), namely :-
“3. Homoeopathic Medical Officer
4. Ayurvedic Medical Officer.”
By order of the Governor
U. N. BEHERA
Special Secretary to Government
APPENDIX V
No. 22392-O. & M. – 4-8/97-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
OFFICE MEMORANDUM
The 3rd August 1999
Subject – Large scale transfer of Group ‘C’ officers.
The undersigned is directed to say that instance of large scale transfers, in some Departments of Group ‘C’
Officers of Government, thereby causing serious difficulties, both financial and physical to the low paid employees,
have come to the notice of the Government. Analysis of some of these cases reveal that almost all such transfers have
been ordered in the Administrative Departments and that the functions of the appointing authority or of the delegated
Authorities have been taken over by the Departments of government. Such upward withdrawal of powers has resulted
in longer chains of transfer, often not warranted by administrative expediency and sometime involving employees who
have not even served a year at the previous station. Such transfers done in the Administrative Departments give raise to
certain complications like :-
(a) loss of the line of command because the transferred employee comes to believe that he (she) can
easily bypass the controlling authority in the field formation, and
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(b) a longer chain of transfers in which a number of unwilling or suffering employees go on leave thereby
leaving some posts vacant for long periods, and
(c) the dust thrown up by large scale transfers does not settle down for months together and employees
throng the Secretariat corridors to modify/cancel their postings, and
(d) the bills on account of their Transfer Travelling Allowance go on mounting and remain unpaid for
years together for want of adequate allotment under T. A. head and when paid, it makes a heavy
burden on the budget.
All Departments are therefore, impressed upon that the existing delegation of powers in respect of transfers
and postings exercisable by authorities as per Orissa Service Code, read with Appendix I thereof, must be respected.
Departments which have not made delegation should work out the same. The number of functionaries transferred
should be confined to the barest minimum. No transfer should take place after 15th August 1999 ordinarily. Any
deviation from these instructions without prior approval of the Chief Minister would be seriously viewed.
SAHADEV SAHOO
Chief Secretary, Orissa
No. 21642-O. & M. – 9/2002-Gen.
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION DEPARTMENT
OFFICE MEMORANDUM
The 6th July 2002
Subject – Transfer Policy.
Subsequent to the issue of General Administration Department Office Memorandum No. 14357-Gen., dated the
30th April 2001 regarding transfer policy of Government servants, certain doubts have arisen in different quarters
regarding implementation of transfer policy 2001-2002 for the current year (2002-2003).
It is clarified that the directives issued in G. A. Department O. M. No. 14357-Gen., dated the 30th April 2001
hold good in all respects for the current year, i.e., 2002-2003 and subsequent years, unless and otherwise any
modification to this effect is issued by G. A. Department.
S. SRINIVASAN
Special Secretary to Government
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