PHOTO FROM 38TH AIC AT AHMEDABAD

 Shri Vilas Ingale GS Welcoming Shri Roop Chand Ex-GS

Election of new office bearers of All India Association of Inspectors and Assistant Superintendents Posts elected at its 38th All India Conference held at Ahmedabad on 7th and 8th February 2014.

No. CHQ/AIAIASP/AIC/2014                                           Dated : 10/2/2014.

To,

The Director General,  

Department of Posts,

Dak Bhavan, Sansad Marg,

New Delhi 110 001.  

Subject : Election of new office bearers of All India Association of Inspectors and Assistant Superintendents Posts elected at its 38^th All India Conference held at Ahmedabad on 7^th and 8^th February 2014.  

Ref.       : This Associations notification of even no. dated 31/12/2013 and Dte file No. 17-03/2006-SR 

Respected Madam, 

               In pursuance of the notification issued under letter No. GS/AIAIASP/38^th-AIC/2013-14 dated 31/12/2013, the 38^th All India Biennial Conference of Association was held at Ahmedabad on 7^th and 8^th February, 2013. The following members have been elected unanimously as CHQ office bearers and CWC members for the next two years term.  

Sl. No.	Post	Name	Designation  & Office	Circle
01	President	Shri Amrendra Kumar	ASP (Inv.) %CPMG, Bihar Circle, Patna	Bihar
02	Vice President-I	Shri Nirmalya Mitra	ASP (HQ) % SSPOs, Kolkata Division, Kolkata-700014	West Bengal
03	Vice President-II	Shri Krishnaswamy T.M.	ASP (Vig.) %PMG, Calicut	Kerala
04	General Secretary	Shri Vilas S.Ingale	Superintendent (Stg.) Mumbai APSO (Inland) Mumbai 400001	Maharashtra
05	Asst. General Secretary-I	Shri P. Ajit Kumar	ASP (CP) % DG, Dak Bhawan, New Delhi-110001	Postal Directorate
06	Asst. General Secretary-II	Shri Sukhtej Singh	ASP, East Sub Division, Sangrur	Punjab
07	Asst. General Secretary-III	Shri Vinod R Shah	ASP, Odhav Sub Division 380024	Gujarat
08	Asst. General Secretary-IV	Shri Bibhudatta Behera	Inspector Posts (PG), %SSPOs Bhubaneswar Div, Bhubaneswar-751001	Odisha
09	Org. General Secretary-I	Shri Atma Ram	ASP (BD) % PMG, Rajasthan Southern Region, Ajmer	Rajasthan
10	Org. General Secretary-II	Shri Manjunath Hubballi	ASP (HQ) % SPOs, Sirsi Division 581402	Karnataka
11	Org. General Secretary-III	Shri Y. Venkateswarlu	ASP, Siddipet Sub Div (Medak Div) 502103	Andhra Pradesh
12	Org. General Secretary-IV	Shri Sanjay Gupta	ASP, Varanasi Sub Division 221002	Uttar Pradesh
13	Org. General Secretary-V	Shri Hira Lal	Manager, SPC, Gurgaon	Haryana
14	Treasurer	Shri Yadagiri G. Nyalapelli	ASP (Tour) % SSPOs, Mumbai City East Div Mumbai 400014	Maharashtra
15	Treasurer-I	Shri T. Padmanabhan	ASP (OD) % SSPOs, Pondicherry Division, Pondicherry	Tamil Nadu

Non-Filing of ITR-V in returns with refund claims-relaxation of time-limit for filing ITR-V and processing of such returns -regarding.

Circular No. 04/2014

Government of India 

Ministry of Finance 

Department of Revenue 

Central Board of Direct Taxes

North Block, New Delhi 

Dated the 10th of February, 2014

Subject: – Non-Filing of ITR-V in returns with refund claims-relaxation of time-limit for filing ITR-V and processing of such returns -regarding.

Several instances of grievances have come to the notice of the Board stating that a large number of returns-of-income for Assessment Year (‘AY’) 2009-2010, which were electronically filed without a digital signature in accordance with procedure laid down under the Income-tax Act, 1961 (‘Act’), were not processed as such returns became non-est in law in view of Circular No. 3 of 2009 of CBDT dated 21.05.09. Paragraphs 9 and 10 of the said Circular laid down that ITR-V had to be furnished to the Centralised Processing Centre (‘CPC’), Bengaluru by post within 30 days from the date of transmitting the data electronically and in case, ITR-V was furnished after the stipulated period or not furnished, it was deemed that such a return was never furnished. It was claimed by some of the taxpayers that despite sending ITR-V through post to CPC within prescribed time-frame, the same probably could not reach CPC and thus such returns became non-est. Since ITR-V was required to be sent through (ordinary) post at a ‘post box’ address, there were no despatch receipts with the concerned senders in support of their claim of having furnished ITR-V to CPC within prescribed time limit.

2. Subsequently CBDT extended the time-limit for filing ITR-V (relating to Income-tax returns filed electronically without digital signature for AY 2009-2010) upto 31.12.2010 or 120 days from the date of filing, whichever was later. It also permitted sending of ITR-V either by ordinary or speed post to the CPC. However, for the AY 2009-10, some cases were still reported where return was declared non-est due to non-receipt of ITR-V by CPC even within such extended time-frame and consequently the refunds so arising continue to remain held up.

3. Likewise, for AY’s 2010-11 and 2011-12, though relaxation of time for furnishing ITR-V was granted 

by Director General of Income Tax (Systems), it has been noticed that a large number of such electronically filed returns still remain pending with Income-tax Department for want of receipt of valid ITR-V Certificate at CPC.

4. The matter has been examined. In order to mitigate the grievances of the taxpayers pertaining to non receipt of tax refunds, Central Board of Direct Taxes, in exercise of powers under section 119(2)(a) of the Act, hereby further relaxes and extends the date for filing ITR-V Form for Assessment Years 2009-10, 2010-11 and 2011-12 till 31.03.2014 for returns e-Filed with refund claims within the time allowed under section 139 of the Act. The taxpayer concerned may send a duly signed copy of ITR-’V’ to the CPC by this date by speed post In such cases, Central Board of Direct Taxes also relaxes the time-frame of issuing the intimation as provided in second proviso to sub section (1) of Section 143 of the Act and directs that such returns shall be processed within a period of six months from end of the month in which ITR-V is received and the intimation of processing of such returns shall be sent to the assessee concerned as per laid down procedure.

5. Provision of sub-section (2) of section 244A of the Act would apply while determining the interest on such refunds.

6. The taxpayer concerned may ascertain whether ITR-V has been received in the CPC, Bengaluru or not by logging on the website of Income-tax Department – http:/incometaxefiling.gov.in/e-Filing/Services/ITR¬V Receipt Status.html by entering PAN No. and Assessment Year or e-Filing Acknowledgement Number. Alternatively, status of ITR-V could also be ascertained at the above Website under ‘Click to view Returns/Forms’ after logging in with registered e-Filing account. In case ITR-V has not been received within the prescribed time, status will not be displayed and further steps would be required to be taken as mentioned above. 

7. Hindi version to follow.

sd/- 

(Rohit Garg) 

Deputy Secretary to the Government of India

Source: http://law.incometaxindia.gov.in/DIT/Circulars.aspx

Electronic Indian Postal Order – extension of service to Indian Citizens residing in India.

No.1/44/2009-IR 

Government of India 

Ministry of Personnel, Public Grievances & Pensions 

Department of Personnel & Training

North Block, New Delhi 

Dated the 13th February, 2014

OFFICE MEMORANDUM

Subject :- Electronic Indian Postal Order – extension of service to Indian Citizens residing in India.

In continuation to this Department’s OM. of even number dated 22/03/2013, it is intimated that Department of Posts has extended the “eIPO" (electronic Indian Postal Order) service to Indian citizens residing in India also w.e.f. 13.02.2014, for purchasing Indian Postal Order electronically by paying a fee online through e-Post Office Portal i.e. http://www.epostoffice.gov.in. It can also be accessed through India Post website www.indiapost.gov.in

2. It is reiterated that:

i) This facility has been provided for Indian citizens to facilitate them to seek information from the Central Public Information Officers (CPIOs) under the RTI Act. 2005. Debit or Credit Cards of any Bank powered by Visa / Master can be used to purchase e-IPO.

ii) The user needs to get registered at the website. He has to select the Ministry / Department from whom he desires to seek the information under the RTI Act and the elPO so generated can be used to seek information from that Ministry / Department only. A printout of the elPO is required to be attached with the RTI application. If the RTI application is being flied electronically, elPO is required to be attached as an attachment.

iii) This facility is only for purchasing an Indian Postal Order electronically. All the requirements for filing an RTI application as well as other provisions regarding eligibility, time limit, exemptions etc. will continue to apply.

3. An eIPO so generated must be used only once with an RTI application. To check any multiple use of the same elPO, the Public Authority shall maintain a record of the elPOs so received. In case of any doubt, the details of elPO can be verified from the above mentioned site / portal of India Post.

sd/- 

(Sandeep Jain) 

Director(IR)

Source: www.persmin.gov.in 

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_44_2009-IR-13022014.pdf]

Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965.

No.6/3/2013-Estt (Pay-I) 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel & Training

North Block, New Delhi 

Dated the 6th February, 2014

OFFICE MEMORANDUM

Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965. 

  

The undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:

11. Penalties

Minor Penalties – 

(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension. 

(iv) withholding of increments of pay;

Major Penalties – 

(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time- scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction Will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period –

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and

(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

2. Consequent upon implementation of the recommendations of 6 th CPC under the CCS (RP) Rules, 2008 pay scale of a post/grade for below HAG level means the Pay Band and Grade Pay specified for that post. Under the CCS (RP) Rules, 2008 a Pay Band may cover Government servants in more than one Grade Pay or posts in the hierarchy. As per Rule 9 of the CCS (Revised Pay) Rules, 2008, the rate of increment in the revised pay structure is 3% of the sum of the pay in the Pay Band arid Grade Pay applicable, which is to be rounded off to the next multiple of 10. Further, as per Rule 10 of the CCS (Revised Pay) Rules, 2008, there is now a uniform date of increment, that is, lst July of the year.

3. The mode of implementation of these penalties has been clarified to individual Ministries/Departments wherever references have been received. It is now proposed to issue detailed guidelines on the issue. The regulation of pay on imposition of these penalties is in the subsequent pants:

A. Reduction to a lower stage of pay by one stage (Rule 11( iii a)

On imposition of a penalty under this Rule, the pay would be fixed at the next lower stage in the Pay Band. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the Pay Band at the stage before the last increment. Grade Pay attached to the post would remain unchanged. The pay will be fixed by reversing the mode of allowing increments given in Rule 9 of the CCS (RP) Rules, 2008. The formula would be:-

Reduced Pay In Pay Band = {(Pay in Pay Band+ Grade Pay) x 100/103} less (Grade Pay) (rounded off to next 10) 

Pay would be Pay in Pay Band as above + Grade Pay

B. Withholding of increment {Rule 11(iv)} 

As the uniform date of increment now is 1st July, on imposition of a penalty of withholding of increment, the increment(s) due on the 1st of July falling after the date of imposition of the penalty would be withheld. In case where penalty of withholding of more than one increment is imposed, increments due on 1st of Juty in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed.

This also applies to cases where the penalty is imposed for part of a year. For instance, if the penalty of withholding of the increment for six months is imposed on a Government servant in April 2013, then the increment falling due on 1.7.2013 will be withheld for a period of six months, that is, till 31.12.2013. The increment would be released w.e.f. 1.1.2014. In this case the next increment falling due on 1.7.2014 will also be allowed.

C. Reduction to a lower stage in the time-scale of pay for a specified periodfRule 11(v)} 

The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction by taking the pay arrived at notionally as pay for the second reduction, and so on. Grade Pay shall remain unchanged.

NOTE 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the minimum of the Pay Band attached to the post.

NOTE 2: A Pay Band may cover Government servants in different Grade Pays or holding posts at several levels in the hierarchy. It needs to be kept in mind that reduction to lower pay scale or grade is a distinct penalty, under Rule 11(vi).Therefore, while imposing a penalty of reduction to a lower stage in the time-scale of pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary Authorities should weigh all factors before deciding upon the quantum of penalty, i.e., the number of stages by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi) 

As a result of imposition of a penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he /she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion. Therefore, both pay in Pay Band and Grade Pay would be reduced.

However, Disciplinary Authority has the power, in terms of FR 28, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw. The Government servant will be entitled to the Grade Pay of the post to which he has been reduced. Thus, the power of the Disciplinary Authority under FR 28 is limited to indicating the pay in the Pay Band applicable to the lower rank/post.

In some cases imposition of a penalty under Rule 11(vi) may also involve a change in Pay Band. For instance a Government servant holding a post in PB-2 with Grade pay of Rs.4200/- may be reduced to a post in PB-1 with Grade Pay of Rs.2800/-

It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre. For example, an LDC who qualifies as Assistant as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank of LDC but only to that of an Assistant.

4. Some illustrations on pay fixation in above types of cases are annexed.

sd/- 

(Mukesh Chaturvedi) 

Deputy Secretary to the Government of India 

Source: www.persmin.gov.in 

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_3_2013-Estt.Pay-I-06022014.pdf]

Recovery of wrongful/excess payments made to Government servants.

F.No.18/26/2011-Estt (Pay-I) 

Government of India 

Ministry of Personnel, PG and Pension 

Department of Personnel and Training

North Block, New Delhi, 

Dated the 6th February, 2014

OFFICE MEMORANDUM

Subject: Recovery of wrongful/excess payments made to Government servants.

The undersigned is directed to say that the issue of recovery of wrongful/excess payments made to Government servants has been examined in consultation with the Department of Expenditure and the Department of Legal Affairs in the light of the recent judgement of the Hon’ble Supreme Court in Chandi Prasad Uniyal And On vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 ‘SCC 417, decided on 17th August, 2012. The Hon’ble Court has observed as under:

15. We are not convinced that this Court in various judgments referred to hereinbefore has laid down any proposition of law that only if the State or its officials establish that there was misrepresentation or fraud on the part of the recipients of the excess pay, then only the amount paid could be recovered. On the other hand, most of the cases referred to hereinbefore turned on the peculiar facts and circumstances of those cases either because the recipients had retired or on the verge of retirement or were occupying lower posts in the administrative hierarchy. 

16. We are concerned with the excess payment of public money which is often described as "tax payers money" which belongs neither to the officers who have effected over-payment nor that of the recipients. We fail to see why the concept of fraud or misrepresentation is being brought in such situations. Question to be asked is whether excess money has been paid or not may be due to a bona fide mistake. Possibly, effecting excess payment of public money by Government officers may be due to various reasons like negligence, carelessness, collusion, favouritism etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been receiyed by the recipients also without any authority of law. Any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment.

2. Hon’ble Supreme Court also distinguished the cases like Shyam Babu Verma v UOI, 1994 SCR (1) 700, 1994 SCC (2) 52, Syed Abdul Qadir and Ors. v. State of Bihar and Ors,(2009) 3 SCC 475, Sahib Ram v. State of Haryana,1995 Supp (1) SCC 18 etc., where it had not allowed recovery of excess payment in view of the peculiar facts and circumstances of those cases so as to avoid extreme hardship to the concerned employees, for example, where the employees concerned were mostly junior employees, or they had retired or were on verge of retirement, the employees were not at fault, and recovery which was ordered after a gap of many years would have caused extreme hardship.

3. In view of the law declared by Courts and recently reiterated by the Hon’ble Supreme Court in the above cited case, Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 SCC 417, the Ministries/Departments are advised to deal with the issue of wrongful/excess payments as follows:

i. In all cases where the excess payments on account of wrong pay fixation, grant of scale without due approvals, promotions without following the procedure, or in excess of entitlements etc come to notice, immediate corrective action must be taken.

ii. In a case like this where the authorities decide to rectify an incorrect order, a show-cause notice may be issued to the concerned employee informing him of the decision to rectify the order which has resulted in the overpayment, and intention to recover such excess payments. Reasons for the decision should be clearly conveyed to enable the employee to represent against the same. Speaking orders may thereafter be passed after consideration of the representations, if any, made by the employee.

iii. Whenever any excess payment has been made on account of fraud, misrepresentation, collusion, favouritism, negligence or, carelessness, etc., roles of those responsible for over payments in such cases, and the employees who benefitted from such actions should be identified, and departmental/criminal action should be considered in appropriate cases.

iv. Recovery should be made in all cases of overpayment barring few exceptions of extreme hardships. No waiver of recovery may be allowed without the approval of Department of Expenditure.

v. While ordering recovery, all the circumstances of the case should be taken into account. In appropriate cases, the concerned employee may be allowed to refund the money in suitable installments with the approval of Secretary in the Ministry, in consultation with the FA.

vi. Wherever the relevant rules provide for payment of interest on amounts retained by the employee beyond the stipulated period etc as in the case of TA, interest would continue to be recovered from the employee as heretofore.

sd/- 

(Mukesh Chaturvedi) 

Deputy Secretary to the Government of India

Source: www.persmin.gov.in 

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18_26_2011-Estt.Pay-I-06022014.pdf]

Composition of 7th Central Pay Commission - PM has approved the composition of 7th CPC under the Chairmanship of Justice Ashok Kumar Mathur...

Press Information Bureau

Government of India

Ministry of Finance

04-February-2014 13:27 IST

Prime Minister Approves Composition of 7th Central Pay Commission Under the Chairmanship of Justice Ashok Kumar Mathur, Retired Judge of the Supreme Court and Retired Chairman, Armed Forces Tribunal

The Finance Minister Shri P. Chidambaram has issued the following statement:


“The Prime Minister has approved the composition of the 7th Central Pay Commission as follows:
           

1.	Shri Justice Ashok Kumar Mathur (Retired Judge of the Supreme Court and Retired Chairman, Armed Forces Tribunal)	Chairman
2.	Shri Vivek Rae (Secretary, Petroleum & Natural Gas)	Member (Full Time)
3.	Dr. Rathin Roy (Director, NIPFP)	Member (Part Time)
4.	Smt. Meena Agarwal (OSD, Department of Expenditure, Ministry of Finance)”	Secretary

Source: PIB News