Monday 25 April 2016

Misuse of RTI by employees of Public authorities be considered as ‘misconduct’: CIC

Taking serious note of misuse of RTI, the Central Information Commission has observed that such misuse by the employees of Public authorities shall be considered as an item of misconduct that invite disciplinary action.

The observation was made by Information Commissioner Prof. M. Sridhar Acharyulu who was hearing an appeal filed by an employee of Ambedkar Polytechnic. He had sought wide range of information about colleagues and Principal and even of the officers who were supposed to inquire into complaints filed against him. 

Perusing his RTI application, the commission observed "The public authority is scared of appellant as he has already filed number of complaints, grievance representations, RTI applications, almost chocking entire administration."

The commission also observed that appellant had video graphed a lecture of his lady colleague in the class room without permission and put it on social media with reckless allegations. The Commission further observed “he is undoubtedly a misuser of every mechanism and bent upon harassing everyone who does not yield to his wishes. He is a potential threat to peace in the institution and also privacy of colleagues. Whole college is scared of him. He asked for certified copies of ‘integrity certificate’ of officers who are asked to inquire into allegations against him. This shows that he is not capable of working with other staff in public authority like this.” 

Dismissing his appeal, the commission issued following directions,
  • The public authority should proceed with disciplinary action against the appellant for his misuse of RTI which amounted to misconduct, before April 25, 2016. Every misuse of system like, misuse of PGMS, RTI and Social media shall be considered as an item of misconduct that invite disciplinary action. 
  • If the misusers of RTI involved in invading privacy by video recording and spreading false allegations through social media network, the head of the institute need to examine if it amounts to any offence under IPC or IT Act, and shall report to appropriate authorities including police. 
  • The public authority should inform the individual officers, if their rights are breached by misuse, they have a every right to complain as per law and public authority shall facilitate such action, if the misuse obstructs the normal course of functioning of the institute. 
  • The concerned authorities to take immediate action if the information given to appellant in this case is abused or spread in social media or elsewhere, and they shall not give any information to this appellant if files similar RTI requests. The public authority should take note that employees or colleagues like Ms.Tarika, Ms.Amita Dev have a right to seek compensation from public authorities if they ignore or neglect their privacy rights by indiscriminately giving information in the absence of public interest. It is pathetic to note that the PIO could not ascertain that there was no public interest in this case but appellant has malicious interests in harassing others or building pressure on authorities in self-interest. The authorities have a duty to protect other employees from such misusers. This kind of misuse to build up pressure against taking action on misconduct or to secure promotion should be treated as disqualification. 
  • The public authority should provide necessary training to the PIOs and other staff members to verify the nature of appellant and if they found him to be misuser, tell them not to give information like medical claims of third parties.

No Compassion For Govt Employee Who Has No Will To Work: HIGH COURT

New Delhi: No compassion can be shown to a person who neither has the will to work, nor respect for the directions given by authorities, the Delhi High Court has observed while dismissing the plea of a temporary government employee against termination of her service.
The court noted that sufficient opportunity was given to the woman petitioner who appeared to be absenting from work at her “own whims and fancies” without bothering for the consequences.
“Further, no compassion can be shown to a person who has no will to work and no respect for the directions/warnings issued by authorities. It is absolutely clear that sufficient opportunity was given to the petitioner (woman) but she showed no improvement,” Justice V P Vaish said.
The court’s order came on a petition filed by the woman, appointed as a lower division clerk on temporary basis in a district court here in September 1992. Her service was terminated in 2002 under the Central Civil Services (Temporary Service) Rules, 1965.
She had approached the high court against the termination claiming that neither was any opportunity of show cause was given to her, nor any reasons for termination conveyed.
Counsel appearing for the office of District and Sessions Judge, the incharge of district court, opposed her plea saying the termination order was legal and valid, as she was a temporary employee and her service was not yet confirmed.
The lawyer also claimed that she was not performing her duties with due diligence as she had regularly absented, even when her leave applications were rejected.
While dismissing the petition, the court referred to the provision of Central Civil Services (Temporary Service) Rules, 1965 under which her service was terminated and observed that it “postulates that no enquiry is to be held prior to passing of termination order in case a temporary government servant is not found suitable for the job.”
“It is pertinent to mention here that even after issuance of repeated memos, the petitioner neither reported back to duty nor submitted any satisfactory explanation for her absence which shows that she was absolutely incorrigible and did not mend her ways despite repeated warnings,” it said.
“In these circumstances, any employer would have taken the same action because it was absolutely clear that the petitioner was not interested in her job. If the petitioner has been terminated, she is to blame herself,” it said.


Dated – 4th April. 2016
To
      1)      All Office Bearers
      2)      All General Secretaries C-O-Cs
      3)      All Affiliates of Confederation
ALL INDIA TRADE UNION EDUCATION CAMP
DEHRADUN, MAY 24 & 25, 2016
Dear Comrades,
As decided in the National Secretariat Meeting, the next All India Trade Union Education Camp of Confederation of Central Govt. Employees & Workers will be held on 24th and 25th May, 2016.  The Dehradun Unit of the Confederation has come forward to host the said camp at Dehradun on the above days and started the Preparatory work for the programme.  It should be the endeavour of all affiliates and State Units of the Confederation to depute the given number of delegates to the camp and make it a grand success. The quota fixed for each affiliate/COC is given below.  Detailed programme & notice will be sent shortly.  TU Camp will commence at 10 AM on 24th May and continue till 5 PM on 25th May, 2016 and the delegates should ensure their presence throughout the duration of the Camp.   
Delegates from all affiliated organisations and C-O-Cs should compulsorily attend the TU camp.  The minimum quota fixed for each affiliated organisation and C-O-Cs is given below.  All are requested to ensure participation of delegates as per quota fixed, WITHOUT FAIL.  Delegates may be instructed to book their up and down tickets immediately. Delegate fee per head is Rs. 600/- (Rs. Six hundred only). All delegates, including All India office Bearers of Confederation should pay the delegate fee.
Name of the Affiliates and the quota of delegates in brackets
1.      NFPE  (60); ITEF (20); Audit & Accounts (10); Atomic Energy (10),Civil Accounts (10);
2.      All other affiliates (3 each);
3.      Confederation State Units: Bengal (20); Kerala (15); Karnataka (10); Tamilnadu (15); Andhra (10)
4.      All other State Units: (3 each).
NB:             While deciding the delegates, the concerned organisations shall include the All India Office Bearers of Confederation also in their quota since the number of delegates fixed above includes the Office Bearers of Confederation CHQ.
                                                                                                Fraternally yours,
                                                                                        
                                                                                                   M. KRISHNAN
                                                                                                   Secretary General

No. CONF/NE/2016                                                                                                    Dated: 05-04-2016

MOST URGENT / IMPORTANT
NOTICE FOR THE NATIONAL EXECUTIVE MEETING OF CONFEDERATION
An urgent meeting of the National Executive of the Confederation of Central Govt. Employees & Workers will be held at Dehradun (Uttarakhand) on 24th May’ 2016 (Tuesday). The meeting shall commence at 05.00 PM and continue till close. National Secretariat members, Chief Executives of the affiliated Organizations, General Secretaries of all State level C-o-Cs and main Office bearers of the Women's Sub Committee are requested to attend the meeting.
The following shall be the agenda of the meeting:
AGENDA:
1.   7th CPC related issues and proposed indefinite strike from 11 July 2016 by NJCA.
2.   Proposed One day General Strike by Central Trade Union on 02nd September 2016.
3    Two days All India Workshop of Confederation at Dehradun - Review.
4.   All India Conference of Confederation & All India Women Convention at Chennai (Tamilnadu).
5.   Financial position of Confederation – Decision for improvement.
6.   Issues relating to the affiliated Organizations.
7.   Any other item with permission of the Chair.
(M. Krishnan)
Secretary General
To 
1. All National Secretariat Members.
2. Chief Executives of all affiliated Organizations.
3. General Secretaries of State C-o-Cs.
4. Main office bearers of Women's Sub Committee (Not Committee members)
PLEASE BOOK YOUR TRAVEL TICKETS IMMEDIATELY
Two days Trade Union Education Camp of Confederation will be held at Dehradun on 24th & 25th May 2016. Separate Circular enclosed herewith. Please ensure participation of delegates as per quota fixed in the circular.
(M. Krishnan)
Secretary General

BRIEF NOTE ON TWO DAYS ANNUAL CONFERENCE OF NON-GAZETTED GOVT. OFFICERS’ ASSOCIATION, A & N ISLANDS

The two-day Annual Conference of the Non-Gazetted Govt. Officers’ Association, Andaman and Nicobar Islands, began at Kerala Samajam Hall, Port Blair today the 09th April, 2016 at 4.30 p.m.  Inaugurating the Conference, ShriM.Krishnan, Secretary General of the Confederation of Central Govt. Employees and Workers’, New Delhi and Member, Standing Committee of JCM National Council, Govt. of India explained in detail about the 7th Pay Commission and its recommendations submitted to the Govt. of India. He discussed in length various retrograde points and shortcomings in these recommendations. Shri Krishnan said that the 7th CPC has recommended only Rs. 18000/- as minimum wages while the Staff Side, JCM, on the basis of scientific calculation demanded Rs. 26000/- as minimum wages for the lowest grade in the Central Service. Referreing to the New Pension Scheme, Shri Krishnan expressed serious concern over the fate of the employees who entered the service after 2003 as there is no assurance from the government that the 10% of the salary deducted from these employees will be paid to them when they retire from service. Addressing the gathering, ShriM.Krishnan urged upon the government employees to stand united against the fight in support of the 15 Point Charter of Demands made by the National Joint Council of Action and prepare themselves for the upcoming struggles. He applauded the efforts of the Non-Gazetted Govt. Officers’ Association for their united struggle in theseislands.Earlier, ShriG.Sujathan, Vice President of the Association hoisted the Association’s flag and the Chief Guest, and others paid tributes to the martyrs at the specially erected Martyrs Memorial Column at the Kerala Samajam premises. Shri Ashok Kumar Sharma, Chairman, Reception Committee while welcoming the gathering recalled the sacrifices made by the leaders of the Association particularly Late PKS Prasad under whose leadership a number of demands of govt. employees working in these islands were achieved. ShriK.G.Das, Former General Secretary of the Association, ShriD.Ayyappan, General Secretary, A & N Gazetted Officers’ Association, ShriS.P.Kalairajan, Circle Secretary, BSNL Employees Union and ShriSteephen Fernandez, Secretary, All India Postal Employees Union, Port Blair also addressed the gathering. A large number of govt. employees and workers and former leaders of the Assocaition attended the inaugural session. ShriR.Raji, Joint Secretary, Reception Committee proposed the vote of thanks.
The Delegate Session of the Annual Conference of the Non-Gazetted Government Officers’ Association was held today (10.04.2016) at Kerala Samajam Hall, Port Blair. In his presidential address, ShriS.N.Misra, Vice President of the Association recalled the struggles conducted by the leaders to achieve the facilities govt. employees are enjoying today and called upon the government employees to be united in the fight against the forces that are trying to weaken the government structure. The Delegate Session, at the outset, paid homage to the memory of trade union leaders and other government employees, who passed away during the period since last Conference in April, 2015. Thereafter, ShriT.S.Sreekumar, General Secretary presented the working report of the Association for the last year while Shri CH. Ramamoorthy, Finance Secretary of the Association presented the Audited Accounts. General Secretary’s report contained an overview of the international, national, local situations and details of the programmes conducted by the Association during the intervening period. Delegates from various Branches and Sub-Committees actively participated in the discussion on the General Secretary’s Report and Audited Accounts which were later on adopted unanimously. The draft resolutions on various issues and problems affecting the government employees were presented in the meeting which were adopted after addition of various other issues made by the delegates during the discussion. About 140 delegates and observers from various outstations and Port Blair/South Andaman, representing thousands of employees, attended the Delegate Session. A presidium comprising ShriS.Surender, ShriN.K.Paul and Smt Suma Nair conducted the proceedings of the Delegate Session.
Addressing the Delegate Session, ShriM.Krishnan, Secretary General, Confederation of Central Govt. Employees & Workers, New Delhi urged upon the Association members to work together for the struggle to strengthen the working class movement around the world. Shri Krishnan assured the Conference of all possible help from the Confederation to settle the pending issues with the Govt. of India. He gave proper reply to all the issues and concerns that were raised by the delegates during the session. ShriS.Surender and SmtRipaBiswas who have been active members of this Association since long and superannuated from govt. service were felicitated during the session. ShriSanjeev Kumar Singh, Secretary, Reception Committee, proposed the Vote of Thanks. 

T S Sreekumar

General Secretary





FLASH STRIKE AGAINST PF RULES RESTRICTIONS IMPOSED BY CENTRAL GOVERNMENT





The flash strike against the recent PF Rules, 2016 of the Central Government (i.e., Centre’s new rule on Provident Fund withdrawal) by large section of Garment Factory Workers and other Industrial Workers of Karnataka State on 18th and 19th April 2016 received immense response and there was a massive protest which resulted in road blocks for hours together, thereby the entire traffic of Bengaluru City was paralyzed.  The traffic was also severely affected on Mysore, Tumkur and Hosur roads. 
             The COC Karnataka extended moral support and sympathy for this Labour Movement.  The February 10thnotification was under attack from trade unions from the beginning.  The notification was published in the gazette onFebruary 26 and created technical problems.
            The violence in Bengaluru prompted the Labour Ministry, Govt. of India to cancel the February 10 notification which put restrictions on 100% withdrawal from the PF account.
        Within few hours of protest in Bengaluru and other parts of Karnataka state , the Hon’ble Minsiter for Labour, Shri.Bandaru Dattatreya acted upon and withdrawn the notification issued on February 10th and informed that the old system will continue. This is a victory for the workers of the country.
GOVERNMENT DECIDES TO WITHDRAW THE 10th FEBRUARY-2016 NOTIFICATION WITH IMMEDIATE EFFECT
Press Information Bureau
Government of India
Ministry of Labour & Employment

21-April-2016 17:51 IST 
            Government had issued a notification dated 10th February 2016 regarding rules for withdrawal from EPF Funds by the members. Under the revised rules, the employee was permitted to withdraw the employees’ share from the fund (which is 12% of the wages). However, it was prescribed that the employers’ share of contribution towards the Provident Fund (which is 3.67% of wage) would be allowed to be withdrawn only at the age of retirement (58 years). The objective was to provide a minimum social security to the workers at the time of retirement. It was noticed that over 80% of the claims settled by EPFO belonged to pre-mature withdrawal of funds, treating the EPF accounts as savings accounts, and not a Social Security instrument. 

            In order to address the issues the amendment stated above was carried out with the consent of Trade Unions and with the intention of promoting a decent accumulation of provident fund for the members at the end of their working lifetimes.

            However, considering the representations received from various quarters and after consultations with the various stakeholders, Minister of State (IC) Labour and Employment, Sh Bandaru Dattatreya announced that the government has decided to withdraw the said 10th February 2016 Notification with immediate effect.

            Accordingly, the workers are now allowed to withdraw the entire amount from the provident fund as per existing provisions of the EPF Scheme 1952 including the employers’ share of 3.67%.   (Release ID: 139046) 21st April,2016.
SEVENTH PAY COMMISSION FAILS TO ADDRESS WOES OF EMPLOYEES'  (KKN Kutty, President Confederation).  (Click the link below to view)

50% of Last Pay Drawn as Minimum Pension to all Pre-2006 Pensioners with less than 33 years of service also!
A Great Victory to Pre-2006 Pensioners!
After a long legal battle the Government conceeds 
another point to Pre-2006 Pensioners!
            After a long battle the pre-2006 pensioners got another issue sorted out with the Government conceding grant of full pension to pre-2006 pensioners with less than 33 years  as recommended by 6th CPC! This comes after the Govt deciding to extend the judgment given out by Supreme Court in the case of Inasu from Kerala.
            Now all those pre-2006 pensioners who got only proportionate pension for want of 33 years qualifying service, will get the refixation from 1.1.2006 and get arrears also.
            The  order of Ministry of Pension & Pensioners Welfare is given below:
REVISION OF PENSION OF PRE-2006 PENSIONERS - DELINKING OF REVISED PENSION FROM QUALIFYING SERVICE OF 33 YEARS. (Click the link  below  to view)

http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PPWA_070416.pdf
ALL INDIA CONFERENCE OF THE CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES AND WORKERS WILL BE HELD ON 16TH, 17th & 18TH AUGUST 2016 AT  CHENNAI. FORMATION OF RECEPTION COMMITTEE MEETING-REPORT.
        As per the decision of National Secretariat of Confederation  the Diamond Jubilee year  All India Conference of The Confederation of Central Government Employees and Workers, will  be held on 16th,17th & 18th  August 2016 at Chennai.  Accordingly, the Formation of Reception committee meeting was held on 5-4-2016 in ITEF Room in Chennai. 
            Leaders from all the Central Trade Union organisations participated in the meeting. The meeting was presided by the President Confederation Tamilnadu Com. J. Ramamurthy, welcomed by Com. S.Sundaramurthy, Treasurer and the General Secretary of the Confederation Tamilnadu Com.M. Duraipandian announced the Office Bearers of the  Reception Committee and other committees.
       As per the decision the Hon`ble Member of Parliament Com.T.K.Rangarajan will be  the Chairman Reception committee.  Nearly 15 Vice Chairman including Com.M.Shanmugam, General Secretary, LPF, all India president of HMS Com.C.A. Rajashridhar, Com.T.M. Murthy General Secretary, AITUC. State President of CITU, Com. A. Soundararajan, MLA, among others.  Leaders from various other organisations including Com.R. Tamilselvi, TNGEA, Com.R. Elangovan, DREU, Com.Sendhi kumar, SBI Officers Association, Com. Shanmugam from BEFI,   felicitated and extended support for the successful conduct of the conference.
       Earliar the president of the Confederation Com.KKN. Kutty and Com. M. Krishnan, Secretary General addressed the meeting. All India Women’s Convention of Confederation will also be organized along with the All India Conference. Tamilnadu State Conference of the Confederation will be held on 15th August, 2016 in the same Venue.
      In the Reception Committee, under the Chairman Reception Committee Com.T.K.Rangarajan, alongwith 15 Vice Chairman Com. M. Duraipandian will be the General Secretary Reception committee and Com.S.Sundaramurthy, will be Treasure Reception Committee. Nearly 25 General Secretaries from the other affiliates of the organisations will be the Assistant Secretaries for the various sub committees of the Reception Committee for the successful conduct of the Conference. The meeting was concluded with the vote of thanks offered by Com.M.S. Vengatesan, General Secretary of ITEF Tamilnadu Circle.
M. KRISHNAN
Secretary General
Confederation




Wednesday 6 April 2016

Office Memorandum of Department of Personnel and Training dated 29.03.2016




No. CONF/NE/2016                                                                                                    Dated: 05-04-2016
MOST URGENT / IMPORTANT
NOTICE FOR THE NATIONAL EXECUTIVE MEETING OF CONFEDERATION
An urgent meeting of the National Executive of the Confederation of Central Govt. Employees & Workers will be held at Dehradun (Uttarakhand) on 24th May’ 2016 (Tuesday). The meeting shall commence at 05.00 PM and continue till close. National Secretariat members, Chief Executives of the affiliated Organizations, General Secretaries of all State level C-o-Cs and main Office bearers of the Women's Sub Committee are requested to attend the meeting.
The following shall be the agenda of the meeting:
AGENDA:
1.   7th CPC related issues and proposed indefinite strike from 11 July 2015 by NJCA.
2.   Proposed One day General Strike by Central Trade Union on 02nd September 2015.
3    Two days All India Workshop of Confederation at Dehradun - Review.
4.   All India Conference of Confederation & All India Women Convention at Chennai (Tamilnadu).
5.   Financial position of Confederation – Decision for improvement.
6.   Issues relating to the affiliated Organizations.
7.   Any other item with permission of the Chair.
(M. Krishnan)
Secretary General
To 
1. All National Secretariat Members.
2. Chief Executives of all affiliated Organizations.
3. General Secretaries of State C-o-Cs.
4. Main office bearers of Women's Sub Committee (Not Committee members)
PLEASE BOOK YOUR TRAVEL TICKETS IMMEDIATELY
Two days Trade Union Education Camp of Confederation will be held at Dehradun on 24th & 25th May 2016. Separate Circular enclosed herewith. Please ensure participation of delegates as per quota fixed in the circular.
(M. Krishnan)
Secretary General

No. CONF/NE/2016                                                                                                    Dated: 05-04-2016
MOST URGENT / IMPORTANT
NOTICE FOR THE NATIONAL EXECUTIVE MEETING OF CONFEDERATION
An urgent meeting of the National Executive of the Confederation of Central Govt. Employees & Workers will be held at Dehradun (Uttarakhand) on 24th May’ 2016 (Tuesday). The meeting shall commence at 05.00 PM and continue till close. National Secretariat members, Chief Executives of the affiliated Organizations, General Secretaries of all State level C-o-Cs and main Office bearers of the Women's Sub Committee are requested to attend the meeting.
The following shall be the agenda of the meeting:
AGENDA:
1.   7th CPC related issues and proposed indefinite strike from 11 July 2015 by NJCA.
2.   Proposed One day General Strike by Central Trade Union on 02nd September 2015.
3    Two days All India Workshop of Confederation at Dehradun - Review.
4.   All India Conference of Confederation & All India Women Convention at Chennai (Tamilnadu).
5.   Financial position of Confederation – Decision for improvement.
6.   Issues relating to the affiliated Organizations.
7.   Any other item with permission of the Chair.
(M. Krishnan)
Secretary General
To 
1. All National Secretariat Members.
2. Chief Executives of all affiliated Organizations.
3. General Secretaries of State C-o-Cs.
4. Main office bearers of Women's Sub Committee (Not Committee members)
PLEASE BOOK YOUR TRAVEL TICKETS IMMEDIATELY
Two days Trade Union Education Camp of Confederation will be held at Dehradun on 24th & 25th May 2016. Separate Circular enclosed herewith. Please ensure participation of delegates as per quota fixed in the circular.
(M. Krishnan)
Secretary General