Minutes of the meeting of MOS (PP) /Secretary, DOP&T with Principal Secretaries of GAD/Personnel Department of States/Cadres held on 24.3.2011 at Civil Service Officers Institute, K.G. Marg, New Delhi.

| September 16, 2013

Minutes of the meeting of MOS (PP) /Secretary, DOP&T with Principal Secretaries of GAD/Personnel Department of States/Cadres held on 24.3.2011 at Civil Service Officers Institute, K.G. Marg, New Delhi.

(List of participants is annexed).

Secretary (P) presided over the meeting. In the later part (at 4:30PM), Hon’ble MOS (PP) joined the meeting and chaired the same.
2. Dr. S.K. Sarkar, Additional Secretary (S&V) DOP&T welcomed the participants and briefly outlined the objectives behind convening the meeting. He mentioned that this is the third meeting between this Department and the Principal Secretaries of all States/ Cadres, and a system of regular interaction with State Cadres has now been institutionalized which provides an opportunity for face-to-face interaction for achievement of common goals.

3.1 Secretary (Personnel) in her opening remark recalled some of the past achievements i.e. determination of vacancies before 31st March 2010 for promotion from SCS / Non-SCS officers to IAS, proactive steps taken for cadre reviews of IAS officers leading to their zero pendency, approval of 54 additional CBI Courts, near finalization of a scheme for changing the method of induction of SCS/ Non-SCS officers into IAS, etc. She mentioned that with the streamlining of process of determination of vacancies, advance planning to hold Selection Committee meeting (SCM) by UPSC has been made possible. She expressed satisfaction over the fact that despite Praveen Kumar’s case and striking down of Regulation 5(3) of IAS Promotion Regulations, SCMs have been held in respect of 10 States viz. Chattisgarh, Gujarat, Himachal Pradesh, Jammu & Kashmir, Orissa, Punjab, Tripura, Arunachal Pradesh, Goa and Mizoram. She however expressed concern about the Select Lists pending for two years i.e. 2008 and 2009 in respect of 5 States viz. Assam, Jharkhand, Karnataka, Madhya Pradesh and Sikkim, and for 4 years in respect of Bihar and for Rajasthan and Uttar Pradesh since 1996. She observed that delay in holding of SCMs was due to prolonged litigation in these states and stay order by Courts etc. She requested representatives of the concerned State Govts and UPSC to take requisite steps to liquidate the backlog of holding of SCM in a time-bound manner.

3.2 Secretary (P) mentioned about the progress made in setting up of the 71 additional courts for trial of CBI cases and informed that 16 additional CBI Courts have become functional. She requested State Governments to take steps for early operationalising of the remaining courts. She observed that proposals from all states except Goa have been received, and requested the Representative of Government of Goa to send the proposal. In the context of Government’s commitment to its policy of zero tolerance towards corruption, she mentioned about various recommendations of the Committee headed by Shri P.C. Hota, former Chairman, UPSC in the matter of Disciplinary/Vigilance proceedings and also informed that. various recommendations of the said committee are under consideration of the government and She stated that 18 States have set up the Lokayukta. Further she stressed upon the need for setting up of Lokayukta in the remaining States.

3.3 A need to empower State Training Institutes in terms of infrastructure, manpower, freedom of selection of faculty was stressed by Secretary (P) so as to create ‘Centres of excellence’ She emphasized that All India Service Officers should be relieved for Mid Career Training Programme. Secretary (P) expressed satisfaction about nil pendency of cadre reviews due for the IAS. She further informed that Cadre review of IAS is due for Gujarat and Madhya Pradesh by end of this year.

3.4 Secretary (P) requested these two states to send their proposals. Secretary (P) also requested the state governments to expedite their views on amendment of Rule 16(4) of the AIS (Conduct) Rules, 1968 which inter-alia aims at raising the limit of transaction from existing Rs.15, 000/- to two months basic pay plus grade pay of a member of an All India Service. It was also mentioned that it has been decided that the annual property return of immovable property as on January 1, 2011 of the All India Service Officers as well as Group A Central Service Officers is to be placed on the website and advised all State Govts to ensure that copies of IPRs of IAS Officers borne on their cadre is sent to DOPT by 15th April, 2011 positively.

3.5 Secretary (P) informed about release of a LOGO for RTI. She requested the representatives of the State Governments to give due publicity to it.

4. Deliberations on each agenda items are given in the following paras:-

5. Agenda Item no 1: – Review of Action taken on the decision of meeting held on 18.10.2010.
This was noted.

6. Agenda Item No. 2 – Determination of promotion quota vacancies of IAS both under SCS and Non SCS category for the Select List year 2010 – regarding- Point-wise presentation on each agenda item was made.

6.1 It was discussed that the delay in holding of selection committee meeting to IAS is mainly attributable to prolonged litigations relating to seniority in State Services etc., and stay granted by various Courts/CATs. DoPT in consultation with UPSC has finalized model timelines for holding of SCMs and impressed upon all the state governments to adhere to the calendar so as to accelerate the process of holding of SCMs. It was mentioned that as per the model calendar, determination of promotion quota vacancies of IAS/IPS/IFoS is the first step towards the holding of the SCMs, and the same is required to be determined by 31st March 2011.

6.2 In the presentation, it was mentioned that DOPT had already determined promotion quota vacancies for Select list 2010 of IAS in respect of all except 6 States viz. Meghalaya, Tripura, Nagaland, Gujarat, Kerala and Bihar. Secretary (P) enquired from the representatives of these 6 States about the timelines by which date such proposal would be sent. Representatives of 4 states agreed to send proposal within next 2 to 3 days.

6.3 Secretary (P) also invited attention of the participants to Rule 8(2) of IAS (Recruitment) Rules, 1954, which provides that in the special circumstances, Central Government may in consultation with State Government fill up certain number of posts under promotion quota (not exceeding 15% of vacancies of that year) by selection from amongst non State Civil Services Officers of outstanding merit and ability. She emphasized that while sending such proposals, this aspect may be kept in view and proposed vacancies for non-SCS category may be kept within 15% of the total number of vacancies for the year. Also it may be ensured that only those non SCS officers are sponsored to UPSC for selection for appointment to IAS who are of outstanding merit and ability and who meet the prescribed qualification, viz. hold a Gazetted post equivalent to the post of Deputy Collector of State Civil Service for not less than 8 years.

6.4 Secretary (P) noted with concern that SCM in respect of five states viz. Assam, Jharkhand, Karnataka, Madhya Pradesh and Sikkim are pending since 2008, in respect of Bihar, and Uttar Pradesh are pending since 2006 and for Rajasthan since 1996. She desired that all our efforts should be made by these states and UPSC to finalize pending Selection Committee Meeting on priority basis. In order to effectively implement the model calendar Secretary (P) asked about the preparedness of the States about sending complete proposals to UPSC for holding SCM by 15th April, 2011. Representative of 8 States viz. Punjab, Chattisgarh, Karnataka, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, West Bengal and Goa promised to send complete proposal by 15th April to UPSC so as to enable UPSC to fix the date of SCM in the month of May 2011. Thereafter, Secretary (P) asked Additional Secretary, UPSC to make a presentation.

6.5 Additional Secretary (AIS), UPSC discussed the issues relating to induction of State Civil Service officers to IAS. He deliberated upon various pro-active steps undertaken by UPSC and stated that the check lists/detailed proforma which are to be filled up by the State Governments for sending proposals to UPSC, are available on the website (www.upsc.gov.in) of UPSC. Other initiatives taken by UPSC include preparation of a model calendar wherein timelines have been suggested for various activities relating to the promotion of SCS officers to IAS. As per the model calendar, the State Governments are required to furnish proposals by 30th April so that the Selection Committee Meetings could be held w.e.f. 1st May onwards. He further stated that the UPSC organizes yearly conference with State Governments/Govt. of India to sensitize the concerned authorities on various issues relating to promotion to IAS. It was made clear by Addl. Secretary (AIS) that incomplete proposals will not be accepted by the UPSC.

6.6 It was stated by Addl. Secretary (AIS) UPSC that 19 SCMs were held during the last week of December 2010 at very short notices. It is desirable that meetings are held in time to avoid bunching of SCMs towards the end of the year. Regarding the approval of Select Lists upto the year 2009, he stated that Select Lists of seven Cadres have been approved and comments of Govt. of India and State Governments are awaited in respect of three Cadres. No proposals have been received from eight Cadres (Kerala, Manipur, Sikkim, Tamil Nadu, Uttar Pradesh, Uttarakhand, West Bengal & UT) and meetings in respect of three Cadres are held up due to pending court cases. Clarifications are awaited from 5 states (Andhra Pradesh, Bihar, Jharkhand, Madhya Pradesh & Meghalaya). Secretary (P) advised the State Governments concerned to take early action.

6.7. As regards the determination of vacancies for Select Lists of 2010, he mentioned that vacancies have not been determined for IPS and IFS for 19 and 24 cadres respectively. The representatives of Ministry of Home Affairs and M/o E&F were requested to determine the vacancies by 31st March 2011. Secretary (P) suggested that representatives of MHA and Ministry of Environments and Forest should also adhere to the model calendar prepared by UPSC for holding of Selection Committee Meeting.

6.8 AS (AIS) UPSC emphasized the need for streamlining sponsoring of Non-SCS officers by the State Governments and requested DOP&T for concurrence to amending the concerned regulation on the subjects. The proposed new system of holding examinations was also outlined.

7 Agenda Item No. 3.: Setting up of Additional Special Courts for Trial of Cases investigated by CBI.

7.1 Director (V.II) informed that this item has been monitored during the last two interactions with Principal Secretaries (Personnel/GAD) of all State cadres also and out of the proposed 71 Special Courts, orders have already been issued for setting up of 54 Special Courts and proposals of 14 more Special Courts have been received from the State Governments of Jharkhand, Orissa and Andhra Pradesh which are under process. Director (V.II) also informed that 16 courts (3 in Mumbai, 2 in MP, 3 in Tamil Nadu, 2 at Bangalore and 6 in UP) are now functional. Proposal is still awaited from Govt. of Goa. As regards setting up of one Court each in Chattisgarh and Himachal Pradesh, these States have not agreed with the concept in view of few cases in these states. Further course of action is being decided in consultation with CBI.

7.2 Representatives of Government of Andhra Pradesh informed that all five courts would be operational in two months time. Representatives of the Government of Maharashtra and Bihar informed that orders have been issued to make the courts operational. Representatives of Government of Haryana informed that the court at Panchkula will be made operational within one month. Representative of Assam stated that the matter has been taken up with the High Court for filling up the posts of judges.

7.3 Representatives of Government of J&K informed that a clarification regarding the applicable law was sought from DoPT, which has since been received and is under examination. Representatives of Government of Kerala enquired about the status of their request for a change in location from Ernakulam to Thiruvananthapuram. Director (V.II) informed that the request has been agreed to, and has been communicated to Govt. of Kerala in 2010. The representatives of Rajasthan, West Bengal, Delhi, and Gujarat stated that they would communicate the status shortly. Secretary (P) directed that action may be taken expeditiously under intimation to this Department.

8. Agenda Items No. 4: Deliberations on Hota Committee Report on disciplinary and Vigilance Inquiries.
8.1 Director (V.II) informed about the recommendations of the Hota Committee and requested the State Governments to indicate their comments in response to the D.O. letter already written to them by AS (S&V). JS (V) further elaborated some of the issues, and intimated that these are being examined in consultation with UPSC. He requested the State Governments to expedite the comments.
a) Issues raised by CBI – Presentation made by Shri Alok Kumar Pateria, JD, CBI:
Joint Director, CBI highlighted the following issues and requested the State Governments to extend their cooperation regarding the same:-
(i) General consent u/s 3 of DSPE Act, 1946 with regard to IT Act, 2000.
(ii) Waiver of charges towards deployment of armed guards by all state as has been done by the Administration of UT of Chandigarh.
(iii) Allotment of land for CBI offices in Pune and Ranchi.
(iv) Allotment of land for CBI Cooperative Housing Societies in various state capitals.
8.2 With regard to serial no.(a )(i) JD, CBI informed that the State Governments of Andhra Pradesh, Himachal Pradesh, Jharkhand, Manipur, Mizoram, Nagaland, Sikkim and Tamil Nadu have already issued notification, whereas the State Governments of Arunachal Pradesh, Chattisgarh, Haryana, Madhya Pradesh, Kerala, Tripura and Uttar Pradesh have rejected the proposal.

The remaining State Governments, who are yet to take a view on the subject, were requested to expedite decision.
9. Agenda Item No 5: Strengthening and modernization of Anti-Corruption Machinery –Centrally Sponsored Plan Scheme.
Director (V.II) stated that a proposal for strengthening and modernizing Anti-corruption machinery had been discussed in the last meeting held on 18/10/2010, and concept note had also been circulated. The scheme aims at providing adequate resources to State Governments for office automation, up-gradation of storage and filing system, up-gradation of forensic laboratories with vigilance angle, vehicles and equipment, standardization of investigation procedure and training of personnel engaged in vigilance work. Some of these components are envisaged to be implemented through the CBI, particularly with regard to standardization of procedure, publication of manuals and training of personnel. In this regard, comments have been received only from the Government of Himachal Pradesh, and no other State has responded. Secretary (P) asked the representatives of the State Governments to send their comments expeditiously so that the proposal can be processed further and taken up with Planning Commission for their in-principle approval.

10. Agenda Item No 6: Setting up of Lok Ayukata.
Director (V.II) informed that there are about 18 States and one Union Territory in which the institution of Lokayukta has come into existence. Though the recommendation for setting up the institution of Lok Ayukta was made by the First Administration Reforms Commission in 1966, there are still a number of States where the institution of Lokayukta is yet to be established. The establishment of Lokayukta falls within the domain of the State Government. JS(V) suggested that the State Governments may like to work towards establishment of the institution of Lokayukta in the States where it has not yet been established.

11 Agenda Item No. 7: Strengthening of State Training Institutes and Mandatory Mid Career Training Programme of AIS Officers.
11.1 A brief presentation was made by Director (Training), DoP&T, giving an overview of the mandatory Mid-Career Training (MCT) Programme for IAS officers and stressing upon its link to the career progression of the officers. He requested the cooperation of State Governments in relieving the officers for participation in the MCT programme and further indicated that DoP&T’s permission was necessary for postponing participation of any officer from one round to the next round.
11.2. The Director (Training) also suggested strengthening of ATIs, which had emerged out of the brainstorming sessions during the Retreat of Heads of ATIs at ASCI, Hyderabad. The suggestions for the consideration of State Governments are as follows:
To mould ATIs as ‘Centers of excellence’ dealing with ‘Training function’ for civil servants
• To turn them into ‘Think Tanks’ to enable them play pro-active role in Policy making, Programme formulation and Implementation.
• To empower them with infrastructure, manpower and funds
• To give them overarching role over other training institutions in the State
• To select willing officers as DGs/Directors of ATIs
• To give freedom to DGs/Directors of ATIs to select officers/faculty
• To create a centre in ATIs for training of employees of State Secretariat
• ATIs to enter into MoUs with Open Universities for introducing “Distance and
E-learning Programmes” as was done by DoP&T with IGNOU
 To extend the 6th CPC incentive of 30% Training Allowance to Trainers/faculty
11.3. The Heads of ATIs requested for enhancing course fee for the DoP&T sponsored in-service training programmes organised by ATIs and to provide financial support for improving their infrastructure, Secretary (P) suggested that a Committee may be constituted that will look into the matter in totality and give their recommendations. It was decided that a Committee will be set up with JS (Training) as chairperson and Heads of ATIs of Rajasthan, Punjab, Bihar, Assam, Karnataka and Tamil Nadu as Members, to look into the issues/difficulties being faced by the State ATIs and to make recommendations. The Committee will give its report in 3 months time.

11.4 Joint Director (JD), LBSNAA, Mussoorie (Shri P.K. Gera) brought out the following action points emerged:
a) Evaluation of the first 3-year cycle of the MCT Programme had been entrusted to Centre of Good Governance (CGG), Hyderabad, and solicited the cooperation of State Governments in responding to their questionnaire.
b) The States/UTs are required to respond to LBSNAA with a database of identified senior officers, who are experts in certain sectors, to be deployed as ‘Resource Persons’ for handling sessions in various programmes organized at LBSNAA.
c) As regards the District Training of IAS Officer Trainees (OTs), the Principal Secretaries may follow LBSNAA’s guidelines in order to ensure broad uniformity and standardization in content and duration of their training in various State ATIs.
d) The States/UTs may look into the matter of nominating senior officers as ‘Mentors’ for IAS OTs.
e) State Govts may consider conferring of the powers of both ‘Special Judicial Magistrates’ and ‘Executive Magistrates’ on the Assistant Collectors (Under Training) during the district training so as to enable them to develop proper appreciation of judicial issues and a judicial mindset as well as to try cases under Cr. P.C. respectively.
f) The State Governments may consider giving the IAS- OTs independent charge of Tahsildar, BDO and SDM for brief spells during training so that they may acquire on the job training.
g) The IAS OTs should be posted for District Training, only with Districts Collectors who were IAS officers, and with an outstanding track record of performance.
11.5 It was agreed that the State ATIs may be entrusted with the task of conducting ‘Departmental Tests’ for IAS OTs so as to make the tests more relevant and regular.

12. Agenda Item No 8: Status of cadre reviews of IAS.
12.1 Director (Services) presented the status of cadre reviews of the IAS in different States. Presently, there is no backlog of cadre reviews. Two cadre reviews in respect of the IAS cadre of the States of Gujarat and Madhya Pradesh are due in 2011. Secretary (P) asked the two states to submit their proposals at the earliest to enable timely completion of the cadre reviews.
12.2 Additional Secretary (S&V) laid stress on proper cadre management by the State cadre authorities. The States should keep the number of cadre and ex-cadre posts within permissible limits and send the quarterly cadre returns to DOPT on time.
12.3 Principal Secretary, Government of Andhra Pradesh informed that some officers had filed an OA no.906/2009 in CAT, Hyderabad seeking backdating of the cadre review of IAS for the State to the year 2002 so that their promotions to the IAS may be affected retrospectively. The CAT, Hyderabad, in its order dated 28.01.2011 has allowed the OA and directed the respondents to reconsider the case of the applicants for promotion to IAS on the basis of the re-determined cadre strength by backdating the cadre review. Secretary DoPT directed AIS division to examine the matter on priority in the consultation with the States.

13. Agenda Item No. 9: Amendment to various AIS Rules

14.1 The Additional Secretary (Services & Vigilance) informed that the Government has proposed to amend rule 16(4) of the AIS (Conduct) Rules, 1968 to enhance the current limit for reporting transaction exceeding Rs.15000/- (existing) to 2 months basic pay plus grade pay of a member of service. Comments of the States on the proposed amendment are awaited.
13.2 Issues relating to Annual Performance and Appraisal Reports (APARs):
During the discussion, issues pertaining to grading of ACRs/APARs were raised. It was indicated that a Committee headed by Secretary (P) has been constituted to look into various issues on APAR. The Secretary (P) stated that the States may provide their feedback on the APAR format so as to make the APAR grading more effective, and send their detailed feedback in writing to DOPT before 30.4.2011

14. Agenda Item no 10: Examination conducted by SSC
14.1 The representatives of SSC discussed difficulties faced by them in processing the OBC Certificates submitted by the candidates, which are being issued by few State Governments in a format other than the one prescribed by the Central Government.
14.2 After discussion, it was decided that the DoP&T may write to the Chief Secretaries of States to issue suitable instructions. The representatives from UPSC mentioned that the UPSC has devised a format in this regard, which is being published while releasing advertisement for examinations. This may be looked into.
14.3. The need to ensure security arrangements by the State Police concerned in SSC examinations until the end of the examination in the Centres was emphasized. The State Government representatives were requested to provide links of the State Government’s websites with those of the concerned Regional Office of SSC to give wide publicity to recruitments being made by the SSC. They were requested to arrange pre-recruitment training to candidates appearing in SSC examinations with emphasis on SC/ST/OBC/Differently abled candidates.

15. Agenda Item No. 11: Immovable Property Returns etc
The EO and AS (S &V) initiated the discussion on recent decision of the Government for placing immovable property returns (IPRs) as on 1.1.2011 of AIS and Group ‘A” Central service officers in the public domain in order to bring greater transparency and accountability in Government. The EO & AS appreciated the initiatives of the State Governments of Himachal Pradesh, Madhya Pradesh, Chhattisgarh and Bihar in placing IPRs of Government officers on the official web-sites. Secretary (P) stressed upon the State Governments as well as MHA/MOEF to ensure availability of IPRs as on 1.1.2011 by 15th April, 2011 to enable putting them on website by 31st May, 2011. Thereafter, these will be replaced by the latest IPRs every year. Further, the EO & AS informed that officers failing to submit IPRs in time would be denied vigilance clearance, and will not be considered for promotion and empanelment for senior level posts in GOI.

16. Agenda Item No. 12: Implementation of the RTI 2005
The participants were also apprised of the actions undertaken by the Government of India in awareness generation and capacity building, support extended to Information Commissions by the Central government and other initiatives like the RTI PORTAL, Online Certificate Course, compendium on important judgments, RTI fellowships and regional workshops which have been conducted at Thiruvanathapuram, Shimla and Bhopal. The States were requested to ensure maximum suo-moto disclosure, strengthen Information Commissions, help create awareness among the disadvantaged communities and train Public Information Officers and Appellate Authorities. They were requested to send proposals under the plan scheme on RTI, participate in regional workshops, popularize the RTI LOGO and RTI Portal, encourage the PIOs and AAS to do the free online course on RTI, strengthen Suo-Moto disclosure and ensure the safety of RTI applicants.

17. MOS (PP) joined the meeting after tea break. AS(S&V), DOPT summarized the discussions of the first session, whereafter MOS addressed the meeting. He mentioned that State Governments play an important role in achieving the objective of good governance by effective implementation of governmental policies and programmes. He expressed his satisfaction for having completed cadre review of IAS in respect of all State services. He noted that DoPT have completed 10 cadre review during the year 2010 itself. He mentioned that timely promotion of officers is desirable as it encourages the officers to perform better. He noted that this Department has institutionalized the system of determination of vacancies before 31st March of each of the year. He stated that this Department is committed to zero tolerance towards corruption. In this direction, he urged the participants to devise a system so that the time taken in deciding major and minor penalties is reduced. MOS (PP) also mentioned that more and more officers from the State cadre should be deputed for Central deputation. It was mentioned that this Department has been considering providing additional facilities viz. accommodation, vehicle, admission of children of the deputationists of all India Services. MOS (PP) also mentioned that Group of Ministers (GOMs) is seized with the matter inter-alia, concerning to amendment of Article 311 of the Constitution and, noted that it has been recommended that Article 311 should be retained at present but steps should be taken to minimize the time taken for settling disciplinary cases. MOS (PP) suggested the participants that work process should be accelerated to bring about efficiency and transparency.

18. Meeting ended with vote of thanks to the Chair.

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