Cbi AdminManual

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Central Bureau of Investigation (India)

Transcript of Cbi AdminManual

C E N T L A I B U R E ,A \ (A D III1 N J) 1 1 A N JU A L

ContentsChapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18 Chapter 19 Chapter 20 Chapter 21 Chapter 22 Chapter 23 Chapter 24 Chapter 25 Chapter 26 Chapter 27 Chapter 28 Chapter 29 Chapter 30 Chapter 31 Chapter 32 Chapter 33 Chapter 34 Chapter 35 Chapter 36 Chapter 37 Chapter 38 Chapter 39 Chapter 40 Chapter 41 Constitution and Organisation of CBI Appointments Identity Cards Training Service Records Confirmation Seniority Annual Confidential Reports Promotion Fixation of Pay Termination & Resignation Dress Regulations Leave No Objection Certificate for Higher Studies & Change of Job Pension Decentralization of Accounts Delegation of Financial Powers Budget and Appropriation Allowances and Rewards/Honoraria Advances Drawal of Pay, Allowances and Honoraria Contingencies General Provident Fund Deposit Linked Insurance Scheme Welfare Measures Departmental Canteen Medical Facilities to the Central Government Employees (including CGHS) Central Government Employees Group Insurance Scheme Accommodation Stores & Supplies Furniture Telephones Motor Vehicles Library Security Plan Office Procedure Meanings of various terms Machinery of Government Dak-receipt, Registration and Distribution Receipt-submission and Diarisation Action of 2 Page 2on Receipts Forms and Procedure of Communication 4 - 11 12 24 28 35 41 43 49 57 63 72 74 75 92 96 111 114 118 121 143 162 167 168 174 176 183 187 196 200 206 213 218 220 226 229 242 247 250 253 256 267 23 27 34 40 42 48 56 62 71 73 74 91 95 110 113 117 120 142 161 166 167 173 175 182 186 195 199 205 212 217 219 225 228 241 246 249 252 255 266 275

Chapter 42 Chapter 43 Chapter 44 Chapter 45 Chapter 46 Chapter 47 Chapter 48 Chapter 49 Chapter 50 Chapter 51

Drafting of Communication Issue of Drafts Filing System Indexing and Recording Security of Official Information and Documents Checks on delays Reports & Returns Inspections Audit Implementation of Instructions on Official Language [Appendix I] Posts sanctioned in CBI and their pay scale [Appendix II] Work allocation in Administration Division [Appendix III] Recruitment Rules [Appendix IV] Appointment through Staff Selection Commission [Appendix V]

276 - 278 279 - 288 289 - 293 294 - 302 303 - 304 305 - 311 312 - 316 317 - 325 326 - 327 328 - 330 331 - 333

334 - 338

339 - 344

345 - 346 347 - 369

The DSPE (Subordinate Ranks) (Discipline & Appeal) Rules, 1961 [Appendix VI] ADM INS Module Annexures 373 - 498 370 - 372

Page 3 of 3

1.1.1

CONSTITUTION AND ORGANISATION OF CBIGrowth and Evolution of the Organisation

At an early stage of the World War-II, the Government of India realised that the vast increase in expenditure for war efforts had provided opportunities to unscrupulous public servants and antisocial elements for indulging in bribery and corruption. It felt that the Police and other Law Enforcement Agencies under the State Governments were not in a position to cope with the situation. Therefore, to investigate offences connected with transactions relating to war efforts, an organization known as the Special Police Establishment was set up in 1941 under an executive order of the Central Government. The Headquarters of Special Police Establishment was established at Lahore. Its branches were created in due course at Jabalpur, Bombay, Calcutta, Delhi, Madras, Ranchi, Peshawer, Quetta and Rawalpindi. The activities of the S.P.E. were subsequently extended to include cases of corruption in Railways also. 1.2 In 1943, some doubt was felt about the legal powers of Police officers working with the S.P.E. and therefore an Ordinance was issued by the Government of India, by which a Special Police Force with powers to investigate certain offences anywhere in British India, was constituted. Even after the end of the war, the need for a Central Government Agency to investigate cases of bribery and corruption by Central Government servants was felt and therefore, the Ordinance issued in 1943, which had lapsed on 30th September, 1946 was further extended and finally 'Delhi Special Police Establishment Act' was enacted. After the promulgation of the Act, the superintendence of the SPE was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India. Since then the SPE functions under this Act. Its jurisdiction extends to all Union Page 4 of 4 Territories and it can also be extended to the States with the consent of the State Governments concerned.

1.3 In 1953, an enforcement wing was added to the SPE to deal with the offences relating to breach of import and export regulations. With the passage of time, more and more cases under laws other than Prevention of Corruption Act also came to be entrusted to the SPE. By 1963, the SPE was authorised to investigate offences under 91 different sections of the Indian Penal Code, offences under the Prevention of Corruption Act, 1947 and 16

other Central Acts. A growing need was, therefore, felt for a Central Police Agency at the disposal of the Central Government, which would investigate not only cases of bribery and corruption, but also cases of breaches of Central fiscal laws, major frauds relating to Government of India departments, public joint stock companies, passport frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organized gangs or professional criminals. Therefore, the Government of India set up the Central Bureau of Investigation on Ist April, 1963. The Organization and functions of the Central Bureau of Investigation are given in the Government Resolution dated Ist April, 1963, a copy of which is placed at Annexure- I. The Delhi Special Police Establishment became one of the divisions of the CBI. The tasks to be performed by the Central Bureau of Investigation as per the Resolution were the following :i) Investigation of offences specified by the Central Government under Section 3 of the Delhi Special Police Establishment Act (Act XXV of 1946) Collection of intelligence relating to certain types of crime i) Participation in the work of the National Central Bureau connected with the International Criminal Police Organisation 0)Maintenance of crime statistics and dissemination of information relating to crime and criminals 0)Study of specialised crime of particular interest to the Government of India or crimes having All India or Inter-State ramifications or of particular importance from the social point of view ii) The conduct of Police research iii) Coordination of laws relating to crime 1.4The organisation was strengthened in 1964 by the addition of the Economic Offences Wing vide Government of India Page 5 of 5 Resolution No. 24/66/64-AVD.II dated 29.2.64. In due course of time, a Special Crime Division was also created

0)

in the organization. 1.5 In the year 1985, based on the views of the Estimates Committee of WI Lok Sabha, a committee under the chairmanship of the then Cabinet Secretary Shri P.K. Kaul was formed to review the role, functions & working of CBI, to suggest measures to tone up its working and to examine feasibility of bringing it under a single administrative hierarchy. The Committee, in its report had suggested that CBI should have three major divisions namely Anti-Corruption, Special Crimes and Economic offences and other support divisions which should be placed under three Additional Directors. It also suggested strengthening of various CBI branches

and giving CBI a firm statutory basis to enable it to discharge its functions effectively by way of amendment in the Constitution. Accordingly an order was issued in the year 1994 setting and defining the jurisdiction of branches under Anti Corruption, Special Crimes and Economic Offences Divisionsl. 1.6In the year 1997, government among its various measures to contain corruption, established a committee under the chairmanship of Shri B.G. Deshmukh, former Cabinet Secretary to examine the structure and functioning of CBI. The Committee in its report recommended that CVC be conferred statutory status and to overview CBI's functioning. It also suggested streamlining of CBI's reporting to the government without diluting its functional autonomy besides constitution of a selection committee headed by CVC with Home Secretary and Secretary (Personnel) as members for identifying a panel of names for selection of Director, CBI who was also to have a minimum tenure of two years and full freedom for allocation of work within the agency. 1.7 Pursuant to the direction of the Hon'ble Supreme Court in 340343/1993 (Vineet Narain & Others V/s Union of India), changes have been effected in the legal framework for prosecution of CBI Cases. Vide OM No. 201/5/2000AVD.II dated 9th July, 2001, a Directorate of Prosecution has been constituted to supervise the work of prosecution by reconstituting the existing Legal Division. 1.8On 12.09.2003, CVC Act has been notified giving CVC a statutory basis. The act, inter-alia, amended the DSPE Act, 1946 and brought the superintendence of DSPE, so far as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act 1988, under the Commission. The Act also provides for establishment of a committee to recommend panel of officers for being considered for appointment as Director. It statutorily ensures the tenure of Director to a minimum of two years. 1.9 Over a period of of 6 some of the work originally allocated Page 6 time, to the CBI was transferred to other central police

organizations. Part of the work relating to Crime Records & Statistics Division was transferred to NCRB and that relating to Research Division was transferred to BPR&D. 1.10 Under the Government of India (Allocation of Business) Rules, 1961, the executive functions in respect of CBI were originally dealt1

Policy Division Order No. 21/50/94-PD dated 26.11.1994.

by the Ministry of Home Affairs. Subsequently, the functions were transferred to the Ministry of Personnel, Public Grievances, Pensions and Training and with effect from 30th January, 2003, CBI has been brought under the charge of the Cabinet Secretariat. Over the years, the Central Bureau of Investigation (CBI) has emerged as the premier investigation agency of the Government of India. It enjoys the trust and credibility of the Parliament, Judiciary and the common man. In the last forty years, the organisation has evolved from an Anti-Corruption Agency to a multi-faceted, multi-disciplinary professional body. At present not only corruption cases, but a variety of offences involving threat to national security, national economy, violation of human rights and conventional crime having national and international ramifications are being entrusted to the CBI by the States, Central Government and Constitutional Courts. 1.12Organizational Structure of CBI

The organisational setup has thus under gone several changes since its inception and its present set up is described in the following paragraphs. The organisational chart is placed at Annexure H. 1.13Delhi Special Police Establishment Division

1.13.1 Anti Corruption Division : The Anti-Corruption Division is responsible for collection of intelligence with regard to corruption, maintaining liaison with various departments through their vigilance officers, enquiries into complaints about bribery and corruption, investigation and prosecution of offences pertaining to bribery and corruption and tasks relating to preventive aspects of corruption. It takes up cases against public servants under the control of the Central Government, public servants in Public Sector Undertakings under the control of Central Government and cases against the public servants working under State Government entrusted to the CBI by the State Governments. The AntiCorruption Division is headed by an officer of the rank Page 7 of 7 of Special Director/Addl. Director. It is divided into seven Anti-Corruption Zones, namely, Delhi Zone, North Zone, West Zone, Central Zone, South Zone, East-

Zone and Anti-Corruption (HQ) Zone. Each zone functions under the control of a Joint Director. Zones are further divided into 17 Regions each headed by a DIG. Every Region consists of 2-3 Branches, each under the charge of an SSP/SP. The Branches under the AC(HQ) Zone are designated as Central Units and have all India jurisdiction. Branches under other zones have territorial jurisdiction over one or more states / parts of the states.

1.13.2

Economic Offences Wing : The Economic Offence Wing of CBI is headed by a Special Director/Addl. Director. It takes up cases of cheating, forgery, criminal breach of trust and large-scale frauds affecting the property or revenue of the Government, cases of smuggling in narcotics and psychotropic substances, antiquities and other economic crimes of national importance. CBI is the pioneer in the field of cyber crime. The MHA vide U.O. No.22011/1/2001 PMA dt. 9.2.2001 has nominated Cyber Crime Investigation Cell of the CBI as the nodal agency for developing national capabilities for fighting cyber crime and to develop training courses for cyber crime investigation for State Police officers. It is recognised by Interpol as the international contact point in India for reporting cyber crime. The Economic Offences Wing is divided into four Zones namely EOW-I, EOW-II, EOW-III and EOW-IV Zones, each headed by a Joint Director. The Zones are divided into seven Regions each under the charge of a DIG. The Regions are further divided into 22 Branches, each headed by a SSP/SP. The Branches located at Delhi, Kolkata, Chennai and Mumbai as well as the Branches of Bank Security and Fraud Cell under (EOW-IV) Zone located at Delhi, Kolkata, Bangalore and Mumbai have territorial jurisdiction. Rest of the Branches are Central Units having all India jurisdiction. Special Crimes Division : The Special Crimes Division handles all cases of conventional crimes such as offences relating to i n t e r n a l s e c u r i t y , e s p i o n a g e , h i j a c k i n g , mu r d e r s , dacoities/robberies, dowry deaths and other IPC offences as well as offences under other laws notified under the DSPE Act. It is also responsible for investigation of crimes with interstate and international ramifications. Special Crimes Division of CBI is headed by a Special Director/Additional Director. This Division has SC I Zone, SC II Zone, Multi Disciplinary Monitoring Agency and Special Task Force under it, each headed by a Joint Director. These Zones are divided into 8 Regions, each headed by a DIG. The regions are further divided into Branches, headed by an officer of the rank of SSP/SP. Six of the Branches have territorial jurisdiction. They are located at Delhi, Chandigarh, Lucknow, Kolkata, Chennai and Mumbai. The rest are Central Units having all India jurisdiction.

1.13.3

1.13.4.1

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1.14

Directorate of Prosecution

The Directorate was created pursuant to orders of Hon'ble Supreme Court by reconstituting the existing Legal Division of the CBI. The Directorate of Prosecution is headed by a Director of Prosecution who is an Officer appointed by the Government. The duties of the Director of Prosecution include (a) supervision and monitoring of the prosecution in courts (b) preferring in appeals, revisions etc. (c) giving advice to investigating officers on all matters relating to criminal offences during investigation and trial (d) advising on the feasibilities on filing appeals, revisions etc. (e) Preparing a panel of Special Counsels with the approval of the Government (f) Selecting retainer counsels for High Courts. Under the administrative control of the Director of Prosecution, law officers of the ranks of Additional Legal Advisors, Dy. Legal Advisors, Sr. Public Prosecutors, Public Prosecutors and Assistant Public Prosecutors function, in the CBI Branches spread all over the country. 1.15Administration Division

1.15.1 1.15.1 The Administration Division is responsible for managing human and material resources of the organization. The main activities include recruitment, training, transfer, confirmation, promotion, deputation, absorption, disciplinary action, budget & appropriation, grant of advances, welfare, accommodation, provisioning besides work study, custody & maintenance of Annual Confidential Reports of non-gazetted officers and promotion of the use of Hindi. 1.15.2The Division is headed by a Joint Director who reports to the Director/CBI through the Additional Director (E). There are three DIsG namely DIG (Administration), DIG (Personnel) and the DIG (Training) who in turn are assisted by SP (Headquarters) & Administrative Officer (A), SP (Personnel) & Administrative Officer (P) and SsP (Trg) (2) & SP (R&D) respectively who are responsible for the supervision of discharge of various duties of the Page 9 of 9 Administration Division. 1.16Policy Division

1.16.1 The Policy Division deals with formulation of policy regarding investigation of cases in CBI, scrutiny of returns and statements under the Conduct Rules of Gazetted Officers, handling of Confidential Reports of Gazetted Officers upto the rank of Superintendent of Police, compilation of periodical statistics for use of Cabinet Secretariat and preparation of the Annual Administration Report of the Department, formulation and review of implementation of the programme of work of the organisation, liaison with Heads of Ministries/Departments and Government Undertakings on Policy matters. There are also Special Units which are part of this Division. The function of the Special Units is collection of intelligence in respect of corruption at high places. 1.16.2 works The Policy Division is headed by a Joint Director who directly under the Director/CBI. There are two DIsG looking after the work of three Special Units located at Delhi and one each at Mumbai, Kolkata and Chennai. Each Unit is headed by a SSP/SP. Two AIsG(P) and one Dy. Principal Information Officer also function under the direct control of the Joint Director (Policy). 1.17 1.17.1 whichCoordination Division

This division is headed by Dy. Director (Coordination), functions under a Joint Director nominated by the Director/CBI. DD (Coordination) is assisted by two ADs (Interpol) and one AD(Coordination). The Coordination Division comprises of two Units namely, (1) Coordination and (2) Interpol.

1.17.2Coordination Unit organises All India Crime Prevention Weeks, takes part in the organisation of DGPs/Inspector Generals of the Police, CID Conference and is also incharge of publication of CBI Bulletin. 1.17.3 Interpol - The CBI is designated as National Central Bureau India, Interpol New Delhi by the Government of India since Page 10 of 10 1966. It is the only agency recognized by Interpol Secretariat General for bilateral as well as multilateral police cooperation among the member states. Interpol,

New Delhi is the interface between Indian and foreign law enforcement agencies and is responsible for multifarious activities like - extradition matters, investigation abroad and execution of foreign Letters Rogatory in India, issuance of various Interpol notices, negotiation of bilateral as well as multilateral treaties on extradition/mutual legal assistance treaties in criminal matters, coordination with the Indian States and Interpol member countries on policing related matters. Interpol New Delhi is connected globally with all member countries of Interpol, through the Interpol Global Communications System (IGCS) 1-24/7, which is an Internet based communication system being installed worldwide by member nations. Interpol, New Delhi also remains in constant touch with various agencies like FRRO, Immigration check posts and state police law enforcement agencies to help track theirabsconders and fugitives as well as with various Embassies and Missions located in New Delhi and Indian Missions abroad. 1.18 1.18.1 Systems Division The Systems Division looks after the information technology needs of the CBI. The main function of the Division is creation and operation of the 'decision support systems' in respect of administration and crime supervision functions of the organization. These objectives have been mainly achieved through the computerization project of 1997. By means of this Project, two comprehensive data bases viz. (i) CRIMES and (ii) ADMINS have been created. The CRIMES MODULE assists in monitoring and supervision of investigation, prosecution and RDA matters, besides supporting the computerization of Malkhanas. The ADMINS MODULE assists in decision making on administration matters. It comprises of sub-modules namely PIS (Personnel Information System), Accommodation, Budget, Pay Roll, Central Benevolent Fund, Vehicles, equipments, dead stock etc. The Systems Division functions under a JD/DIG well versed with computers. Under his guidance, an officer on Special Duty (OSD), Computers looks after the work of computerization at the main Computer Centre of CBI at New Delhi. Besides officers of the ranks of Principal Systems Analyst/ Sr.System Analysts, Programmers and Asstt. Programmers are posted in various Branches for11 of 11 Page performing the computerization related aspects. Central Forensic Science Laboratory (CFSL)

1.18.2

1.19

It is the principal forensic science institution in the country having 9 divisions under one roof at Delhi, viz. Chemistry Division, Physics Division, Biology Division, Serology Division, Documents Division, Ballistics Division, Lie Detection Division, Finger Print Division and Photo & Scientific Aid Section. This is a scientific laboratory of the Ministry of Home Affairs rendering scientific service in crime exhibit analysis in actual cases referred to it by CBI, Vigilance, State & Central Government Departments, Judiciary and State Forensic Science Laboratories. 1.20 The latest instructions on determining the jurisdiction of each Investigation Unit, Region and Zone has been given in the Circular No. 21/43/2002-PD-01307 dated May 30, 2003 of the Policy & Coordination Division, a copy of which is enclosed as

Annexure 411.

2

APPOINTMENTS

2.1 All appointments except casual appointments in the Central Government Departments/Offices, are made on the basis of the Recruitment Rules framed under Article 309 of the Constitution of India. 2.1.1 Separate Recruitment Rulesi[i] are framed for each post. These rules contain the classification of the post, conditions of service, method of appointment and pay scales attached to the posts. 2.1.2 Appointments to all Group - 'A' posts are made by the President of India in consultation with the U.P.S.C. Appointments to all Group - TV posts in the Central Bureau of Investigation, are made by the Director, CBI in consultation with the U.P.S.C., wherever necessary. Appointments to all Group - 'C' posts, except the posts of Senior Clerk Stenos, L.D.Cs, Head Constables and Constables in C.B.I., are made by the Dy. Inspector General of Police. Appointments in the posts of Senior Clerk Stenos, Lower Division Clerks, Head Constables and constables in Group - 'C' and all posts in Group - 'D' in the CBI, are made by the Superintendent of Police. 2.2Regular appointment

2.2.1 All direct recruitment for filling up the regular vacancies in Group 'C' posts (Sub Inspector, Lower Division Clerk and Stenographer Grade D') are made through Staff Selection Commission. 2.2.2 A requisition in the prescribed form (Revised form circulated in Department of Personnel & Training letter No. F.246/86-P&P, dated 04.09.1991 Annexure-IV is to be placed Page 12 of 12 on the Commission by the authorized officer of the government department. Before placing requisition, the required formalities like obtaining No Objection Certificate from the Central (Surplus Staff) Cell

should be completed. 2.2.3 All vacancies in the central government establishment other than those filled through the U.P.S.C. or the Staff Selection Commission should be notified to the nearest Employment Exchange. No department or office should fill up any vacancy by

1[11 See Appendix-III for Recruitment Rules.

direct recruitment unless the Employment Exchange issues a non availability certificate. 2.2.4 The direct recruitment of Constables in CBI, is made on centralized basis by CBI Head Office. Their selection is made by the Committee constituted by the Director, CBI. 2.2.5 Oath of Allegiance : Every person entering government service shall take an oath of allegiance to the Constitution of India either in English or Hindi, before Head of Department/Office or a gazetted officer nominated by him. 2.2.6Medical Examination : Every candidate for appointment to a post (including appointment on part-time basis) under government is required to produce a medical certificate of fitness from the appropriate medical authority. 2.2.7Verification of Character and Antecedents : a)The appointing authority should satisfy itself that the character and antecedents of the person proposed to be appointed are such that they do not render him/her unsuitable for appointment to government service. 0)Persons dismissed from service of the Central or a State government including the administration of Union Territories, should be deemed ineligible for appointment. a)While normally a person convicted for an offence involving moral turpitude should be regarded as ineligible for government service, in cases where the appointing authority feels that there are redeeming features and reasons to believe that such a person has cured himself of the weakness, he can be considered for appointment after obtaining specific approval of the government. 2.3Appointment on deputation basis2[2]

2.3.1 One of the modes of appointments in the CBI is by Page 13 of 13 inducting officers/personnel on deputation from various State/Central Government/Public Sector

Undertakings/Autonomous Bodies. Such appointments are governed by the provisions contained in the relevant Recruitment Rules of the concerned posts/ranks. 2.3.2 Appointment on deputation is for a limited period and the officer concerned is to be reverted to his/her parent cadre after expiry of the same.[ 1Also see D.P.&T. OM No. 2/29/91-Estt (Pay II) dated 5.1.1994 & D.P.&T. OM No. 2/8/97Estt (Pay II) dated 11.3.1998.2

2

2.3.3 When the field of consideration for Group 'A' posts consists of Central Government Group 'A' officers only, prior consultation with U.P.S.C. is not necessary for selection. When the field of consideration includes State Government officers also, prior consultation with the Commission is necessary before appointing a State Government officer. When the field of consideration is made more broad-based and consists of not only Central/ State Government officers but also officers of non-governmental institutions, such selection shall also be made in consultation with U.P.S.C. Consultation with U.P.S.C. is also necessary for appointment of a Central Government officer who is not group 'A' on deputation to Group 'A' post. 2.3.4 According to the provisions of Recruitment Rules, 20% posts of Addl. SP, 50% of Dy.SP and 50% of Inspector are to be filled through deputation/transfer. In prosecution ranks, 25% posts of Sr. Public Prosecutor and Public Prosecutor are required to be filled on deputation/transfer basis. 2.3.5 The Officers holding analogous posts on regular basis or with six years regular service in the posts having Pay Scale of Rs. 8000 13500 or equivalent and possessing degree of recognized University or equivalent with 5 years experience in investigation of criminal cases, are considered for deputation to CBI as Addl. SP. 2.3.6 Similarly, the Officers holding analogous posts on regular basis or with 5 years regular service in the posts having Pay Scale of Rs.6500-10500 or equivalent and possessing degree of recognized University or equivalent with 3 years experience in investigation of criminal cases, are considered for deputation to CBI as Dy. SP. 2.3.7 The Officers holding analogous post on regular basis or officers with 5 years regular service in the pay scale of Rs. 8000-13500 with Degree in Law from a recognized University or equivalent and 8 years bar experience in conducting criminal cases are considered for induction as Sr. PP in CBI. 2.3.8 The Officers holding analogous post on regular basis or officers with 5 years regular service in the pay scale of Rs. 6500-10500 with Degree in Law from a recognized University or equivalent and 7 years bar experience in conducting criminal cases are considered for induction as Public Prosecutor in CBI. 2.3.9 The CBI branches may also identify suitable and willing officers from State Police Forces/CPMFs and send their nominations along with their service particulars to CBI, Head Office to consider their suitability for induction in CBI. Page 14 of 15 Page 15 of 14

-

2.3.10 An employee appointed on deputation may elect to

draw either the scale of pay of the post to which he has been appointed on deputation or the basic pay in the parent cadre plus deputation allowance.

2.3.11 a)

Tenure of Deputation

The period of deputation shall be subject to a maximum of three years in all cases except for those posts where a longer period of tenure is prescribed in the Recruitment Rules. The Administrative Ministry/borrowing organization may grant extension beyond this limit up to one year, after obtaining orders of their Secretary (in the Central Government and Chief Secretary in the State Government), equivalent level officer in other cases where such extension is considered necessary in public interest. The borrowing Ministries/Departments/Organizations may extend the period of deputation for the fifth year or for the second year in excess of the period prescribed in the Recruitment Rules where absolutely necessary, subject to the following conditions: i) While according extension for the fifth year, or the second year in excess of the period prescribed in the Recruitment Rules the directive issued for rigid application of the tenure rules should be taken into consideration and only in rare and exceptional circumstances such extension should be granted. The extension should be strictly in public interest and with the specified prior approval of the concerned Minister of the borrowing Ministry/Department and in respect of other organization, with the approval of the Minister of Ministry/Department with which they are administratively attached. Where such extension is granted it would be on the specific understanding that the officer would not be entitled to draw deputation

b)

c)

0)

0)

(duty) allowance. i) The extension would be subject to the prior approval of the lending organization, the officer on deputation, and wherever necessary, the U.P.S.C/ State Public Service Commission and Appointments Committee of the Cabinet (ACC).

d)

In cases where extension is beyond the fifth year or second year in excess of the period prescribed in the Recruitment Rules, the same would be allowed only after obtaining the approval of the Department of Personnel and Training whether Central Government is the lending organization or the borrowing organization. For computing the total period of deputation the period of deputation in another ex-cadre post(s) held preceding the current appointment without break in the same or some other organization should also be taken into account. If during the period of deputation the basic pay of an employee exceeds the maximum of the scale of pay of the post or the fixed pay of the post, on account of proforma promotion in his cadre under the Next Below Rule or otherwise, the deputation of the employee should be restricted to a maximum period of six months from the date on which his pay exceeds such maximum and he should be reverted to his parent department within the said period. If during the period of deputation, on account of proforma promotion in the parent cadre under the Next Below Rule, the employee becomes entitled to a scale of pay higher than the scale of pay attached to the excadre post, he may be allowed to complete the normal tenure of deputation subject to (f) above but no further extension of the period of deputation should be allowed in such cases.Deputation (Duty) Allowance

e)

f)

g)

2.3.12

The Deputation (Duty) Allowance shall be admissible at the following rates : i) 5% of the employee's basic pay subject to a maximum of Rs.500/- of 16 Page 16 per month when the deputation is within the same station. ii) 10% of the employee's basic pay subject to a maximum of

Rs.1000/- per month in all other cases. The Deputation (Duty) Allowance as above shall be further restricted as under: Pay + Deputation (Duty) Allowance does not exceed the maximum of the scale of ex-cadre post. Pay + Deputation (Duty) Allowance as above shall at no time exceed Rs.22,400/- per month.

i)

ii)

2.3.13 Premature Reversion of Deputationist to Parent Cadre Normally when an employee is appointed on deputation, his/her services are placed at the disposal of the parent department at the end of the tenure. However, as and when a situation arises for premature reversion to the parent cadre of the deputationist, his/her services could be so returned after giving advance intimation of reasonable period to the lending department and the employee concerned. 2.4Appointment by absorption

Recruitment Rules for some posts prescribe, inter alia, `Absorption' (also 'transfer') as a mode of recruitment. 'Absorption' means permanent absorption in the post. The service rendered on deputation basis cannot be taken into account for the purpose of deciding eligibility for appointment to another post in the higher pay scale on deputation basis. The eligibility for appointment on deputation basis would continue to be determined with reference to the regular service in the parent cadre/department. 2.5Ad hoc Appointment3[3]

2.5.1T h e G o v e r n m e n t h a s i s s u e d i n s t r u c t i o n s t o t h e Ministries/Departments not to make any appointments on ad-hoc basis including transfer on deputation etc. The ad hoc appointments could, however, be made in the following circumstances: a) Where there is an injunction by the Court/Tribunal directing that the post may not be filled on regular basis and if the final judgement of the Court/Tribunal is not expected early and the post also cannot be kept vacant. Where the Direct Recruitment Quota has not been filled and the Recruitment Rules also do not provide for filling it up on transfer or deputation temporarily and the post cannot also be kept vacant. Page 17 of 17 In short term vacancies due to regular incumbents being on leave/deputation etc. and the officer is not available on the approved panel and the post

b)

c)

cannot also be kept vacant.

33[

1Also see D.P.&T. O.M. No. 28036/8/87-Estt.(D) dated 30-3-1988

2.5.2 The ad hoc appointments in the Central Government Departments are, therefore, generally made on the following grounds a) The Recruitments Rules for the posts, are in the process of being framed, The proposals are under consideration to amend the existing Recruitment Rules, The Seniority position of the officers holding the post in the feeder grade, is disputed, Adequate number of qualified candidates are not available for filling the vacancies through Direct Recruitment Quota prescribed in the Recruitment Rules.

b)

c) d)

2.5.3 Conditions for making ad hoc appointments/promotions: a) The total period for which the appointment/promotion may be made on ad hoc basis is limited to one year only. The practice of giving a break periodically and appointing the same person on ad-hoc basis, may not be permitted. In case of compulsions for extending any ad hoc appointment/promotion beyond one year, the approval of the Department of Personnel and Training is to be sought in at least two months in advance, before the expiry of one year period. If the approval for continuance of the ad hoc arrangements beyond one year is not received before the expiry of one year period, the ad hoc appointment/ promotion shall automatically cease on the expiry of one year term. It should be ensured that the persons appointed are those nominated by the Employment Exchange concerned and they also fulfill the stipulation of the educational qualification/experience and the upper age limit prescribed in the Recruitment Rules. Where the 18 Page 18 of ad hoc appointment is by promotion of the officer in feeder grade, it may be done on Senioritycum-Fitness basis.

b)

c)

0)

(d) The authorit y comp et ent to approve ad ho c appointments should be one level higher than the appointing authority prescribed for the post.

2.6 2.6.1

Casual Appointments4[4]

Central Government departments for meeting the seasonal/intermittent increase in the workload. The policy regarding engagement of casual workers in the Central Government Offices has been reviewed by Government keeping in view the judgement of Hon'ble Supreme Court delivered on 17th January, 1986, in the Writ Petition filed by Shri Surinder Singh and others vs. Union of India. It has been decided to lay down the following guidelines in the matter of recruitment of casual workers on daily wage basis: a) Persons on daily wages should not be recruited for work of regular nature. It should be for work which is of casual or seasonal or intermittent nature or for the work which is not of full time nature or for which regular post cannot be created. b) The Casual Workers may be paid only the minimum wages notified by the State Government/Union Territories administration as per Minimum Wages Act 1948. c) The Casual Worker may be given one paid weekly off after six days continuous work.

Casual appointments are generally made in the

d) The payment to the Casual Workers may be restricted only to the days on which they actually performed duties under the government with a paid weekly off. In addition, wages may also be paid for a national holiday if it falls on the working day. e) While considering regularization of the services of casual workers, they may be given relaxation in the upper age limit only if, at the time of initial recruitment as a casual worker they had not crossed the upper age limit for the relevant post. For any further relaxation, prior concurrence of the Ministry of Finance and the Department of Personnel and Training, should be obtained. f) Employment of the same casual labourer beyond 200 days in aof 19 is not permitted. Page 19 year, 2.6.2.1Ban on engagement of Casual Worker for

2.6.2.1

duties of Group 'C' post

There is complete ban on engagement of Casual workers for performing the duties of Group 'C' posts and hence no appointment of Casual Worker, should be made for performing the duties ofAlso see D.P.&T. O.M. No. 49014/2/86-Estt.(C) dated 7-6-1988 and Ministry of Labour O.M. No. 53202/16/86-WC(MW) dated 23-8-19884[41

Group 'C' posts5151. If any deviation in this regard is committed, the Administrative officer, in charge in the rank of Joint Secretary or equivalent will be held responsible for the same. 2.6.3Scheme for grant of Temporary Status and regularization ofCasual Workers in Group 'D' posts6161

Temporary status would be conferred on all Casual Labourers who are in employment on 01.09.1993 and who have rendered a continuous service of one year which means they must have been engaged for a period of at least 206 days in case of offices observing 5 days week. Such confirmation of temporary status would be without reference to the creation/availability of regular Group 'D' post. Such Casual Labourers who acquired temporary status will not, however, be brought on to the permanent establishment unless they are selected through regular selection process for Group 'D' post. 2.6.4 Procedure for filling up of Group 'D' posts: i) Two out of every three vacancies in the Group 'D' posts in respective offices where the casual labourers have been working, would be filled up as per existing Recruitment Rules and in accordance with the instructions issued by the Department of Personnel and Training from amongst the casual labourers with the temporary status and the third post will be filled from amongst other than casual labourers. In case of illiterate casual labourer or those who fail to fulfill the minimum qualification prescribed for the post, regularization will be considered only against those posts in respect of which literacy or lack of minimum qualification, is not a requisite qualification.

ii)

iii) They would be allowed age relaxation equivalent to the period for which they have worked continuously as Casual Labourers. iv) No age has been prescribed for grant of temporary status to the Casual Labourers. However, for the purpose of subsequent regularization, the conditions Page 20 of 20 regarding age and educational qualifications prescribed in the relevant Recruitment Rules, will apply.

v) The Casual Labourer being considered for regularisation in Group 'D' post, should have been engaged through5[ ]5

Also see Ministry of Finance O.M. No. 49014/16/89-Estt.(C) dated 26-2-19906

6

[ 1Also see D.P.&T. O.M. No. 51016/2/90-Estt. (C) dated 10-9-1993

Employment Exchange. They should not be considered for appointment to regular establishment unless they get themselves registered with the Employment Exchange and render from the date of such registration, a minimum of 2 years continuous service as Casual Labourer. (vi) On regularization in Group D' post, their pay will be fixed at the minimum of the time scale attached to the post. 2.6.5 Hon'ble Supreme Court of India in its judgement dated 29.04.2002 in SLP (Civil) No. 2224/2000 in the case of Union of India & another vs. Mohan Pal etc. decided that the scheme of 01.09.93 is not an ongoing scheme and the temporary status can be conferred on the casual labourers under that scheme only on fulfilling the conditions incorporated in Clause 4 of the scheme, namely they should have been casual labourers in employment on the date of commencement of the scheme i.e. 01.09.1993 and they should have rendered continuous service of at least one year i.e. at least 240 days in a year or 206 days (in case of offices having 5 days a week) on 01.09.1993. Those who have already been given `temporary' status on the assumption that it is an ongoing scheme shall not be stripped of the 'temporary' status pursuant to this decision. The Supreme Court in the above case had also considered the question as to whether the services of casual labourers who had been given 'temporary' status could be dispensed with as per clause 7 as if they were regular casual labourers and observed that - "The casual labourers who acquire 'temporary' status cannot be removed merely on the whims and fancies of the employer. If there is sufficient work and other casual labourers are still to be employed by the employer for carrying out the work, the casual labourers who have acquired 'temporary' status shall not be removed from service as per clause 7 of the scheme. If there is serious misconduct or violation of service rules, it would be open to the employer to dispense with the services of a casual labourer who had acquired the temporary status". 7171Compassionate Appointments8181 Object : The object of the Scheme is to grant appointment on Page 21 of 21 compassionate grounds to a dependent family member of a government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any

2.7 2.7.1

On the basis of the above decision of the Hon'ble Supreme Court, Department of Personnel & Training vide O.M. No. 40011/6/2002 (Estt) (C) dated 06.06.2002 issued clarification to all Ministries/Departments of Central Government. (Notified by DP&T OM No. 14014/6/94-Estt(D) dated 9.10.1998)7[ ]7

8

[ ]

8

means of livelihood, to relieve the family of the government servant concerned from financial destitution and to help it to get over the emergency. 2.7.2To Whom Applicable

A. To a dependent family member of a government servant who: i) ii) Dies while in service (including death by suicide); or Is retired on medical grounds under Rule 38 of the CCS (Pension) Rules, 1972 or the corresponding provision in the Central Civil Services Regulations before attaining the age of 55 years (57 years for Group 'ID' Government servants).

B. Missing Government Servants: Cases of missing government servants are also covered under the scheme for compassionate appointment subject to the following conditions: (a) A request to grant the benefit of compassionate appointment can be considered only after a lapse of at least 2 years from the date from which the government servant has been missing, provided that: i) ii) 0) An FIR to this effect has been lodged with the Police, The missing person is not traceable, and The competent authority feels that the case is genuine;

(b) This benefit will not be applicable to the case of a government servant: i) Who had less than two years to retire on the date from which he has been missing; or ii) Who is suspected to have committed fraud, or s u s p e c t e d t o h a v e j o i n e d Page 22 of 22 a n y t e r r o r i s t organization or suspected to have gone abroad.

Note I : Dependent family member means: a) S p o u s e ; o r b)Son/daughter (including adopted son/daughter); or c)Brother/sister in case of unmarried government servant who are wholly dependent on him/her.2.7.3 Authority Competent to Appointments: make Compassionate

The Director, CBI being Head of the Department is competent to make such appointment. 2.7.4 Posts to which such appointment can be made : Group 'C' and 'D' posts against the direct recruitment quota. 2.7.5 Determination/Availability of Vacancies a) Appointment on compassionate grounds should be made only on regular basis and that too only if regular vacancies meant for that purpose are available. Compassionate appointments can be made upto maximum of 5% of vacancies falling under direct recruitment quota in any Group 'C' or Group 'D' posts.

b)

Page 23 of 23

3.3.1

IDENTITY CARDSEvery Government servant shall be issued an Identity Card with his personal details to establish his identity whenever required. It is a very important document and should be in the personal custody of the government servant concerned. The Identity Cards issued by CBI are of the following kind: i) CBI I d en t i t y C ar d ii) CB I P h o t o p a s s

3.2

Persons to whom CBI Identity Cards are issued CBI Identity Cards are issued to all executive and prosecution staff and RSO's working in CBI. Ministerial staff of CBI are not issued CBI Identity Card. CBI Identity Cards are issued under the signature of Administrative Officer (Accounts), CBI and counter signed by Under Secretary, Cabinet Secretariat. CBI Photo passes are issued by CBI, Head Office to all ranks in CBI 9[1].

3.3 3.3.1

Use of CBI Identity Cards CBI Identity Cards are issued in order to establish the identity of the officers holding the cards and to authorize them to seek access to all offices of the Central Government and it's Departments, all Projects and Undertakings sponsored by the Central Government, all Defence Services Commands, Departments, Factories, all State Railway Offices, Workshops, all Ports and Aerodromes etc. for the purpose of conducting enquiries. The identity cards are issued to the RSOs to establish their identity as Railway Officer who are on duty with the CBI for detecting cases of corruption in the Railways. Every identity card holder shall carry on his person his identity card while moving out on duty and shall produce it whenever required to do so by any competent authority.

3.3.2

9[1]

Detailed guidelines for issue of above Identity Cards and their safe custody have been issued by CBI, Head Office from time to time ( O.M. No.5/ 18/61-Est datedPage 24 of 24 30.1.1962) which may be followed by all the branches.

3.4

Supply of Blank Identity Cards Blank Identity Cards for all ranks will be supplied from the CBI Head Office to Branch offices on their demand. The Branch offices shall keep proper account of blank Identity Cards in the forms/registers prescribed for the purpose.

3.5

Issue of Identity Card Identity cards will be prepared by the branch in which the person concerned works and sent to Head Office duly completed and verified for being signed by the competent authority. No CBI Identity Card should be issued by CBI Branches. No CBI Identity Card will be issued to a person not working in CB1.

3.6

Safe custody of Identity Card The holder of the identity card is personally responsible for its safe custody.

3.7

Misuse of Identity Card Identity Cards should be made use of strictly for the purpose for which they are meant and only in the discharge of official duties. Any misuse will be viewed seriously. Identity Cards are not transferable. An official using another person's card will render himself liable to disciplinary action. Depositing of Identity Card as security or otherwise and thereby allowing the card to fall in to unauthorised hands renders an official liable to disciplinary action.

3.8

Loss of Identity Card In case of loss of an Identity card, it is incumbent on the holder to report the loss immediately to the nearest Police station and at the same time to his office also. On receipt of information of loss of an Identity Card the branch office has to send a report to the Head Office giving full details regarding the loss of Identity Card and further action taken in the matter. Branch Office should take action for issue of a duplicate Identity card after collecting the penalty and initiate disciplinary action, if necessary against the loser. The Police authorities and the office should be informed immediately if the Identity Card reported to have been lost is Page 25 of and in subsequently found25 case a duplicate card has in the meantime been issued, it should be sent to the Head Office for cancellation.

3.9

Penalty for the loss of Identity Card

Penalty charges for loss/mutilation of Identity Cards are to be imposed as per rates prescribed from time to time. The amount of penalty once recovered is not refundable. The amount of the penalty is to be deposited in the Government Account under the head of account "XXIII-Police Misc. receipt". In addition to the penalty fee, suitable punishment must be awarded in each case where the Identity Cards are lost on account of negligence or carelessness or due to any avoidable fault of the owner or if the owner fails to give a satisfactory explanation for the loss. An entry should be made in the register as indicated above regarding the loss of the Identity Card. 3.10Withdrawal of Identity Cards

On the occurrence of any of the events specified hereunder the Identity Card issued to a member of the SPE would stand cancelled and is to be withdrawn immediately by the Branch office/Head Office a n d s e n t t o H e a d Office for cancellation. The date of reversion/retirement/ discharge/ suspension/ death/ transfer of person concerned should be indicated in the forwarding letter a) R e t i r e m e n t b) Discharge from Service c) S u s p e n s i o n d) Repatriation to the parent department e) Transfer outside the Branch f) D e a t h g) Change of designation In case any26 Page 26 of official fails to return his Identity Card, penalty charges may be recovered besides taking any other action as deemed necessary. 3.11Annual Physical Verification of Identity Cards

The Identity Cards issued to the officers and staff should be physically checked by a responsible officer not

below the rank of Dy. S.P. in respect of branches and Office Superintendent in respect of Head Office. A certificate to this effect should be sent to Head Office by the 2nd week of January every year.

3.12

Destruction of Identity Cards All cancelled Identity Cards are to be returned to Head Office for updating the records and destruction.

3.13

Confiscation of Identity Cards The Inspector General of Police, SPE has the right to confiscate the Identity Card of any member of the SPE office without any notice or assigning any reason thereof.

3.14

Identity Cards to Central Government Pensioners The Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners Welfare) vide their OM No.41/ 21/2000-P&PW(D) dated 16.11.2000 have introduced Identity Cards to the Central Government pensioners. Accordingly, instructions/guidelines for issue of Pensioners Identity Card to a retired/retiring employee of Central Bureau of Investigation have been issued vide CBI, Head Office Circular No. DPAD2/2002/00158/26/3/2001 dated 06.02.2002.

Page 27 of 27

4

T R A IN IN Gknowledge, skills and inculcating right attitudes in the individuals and groups that serve the organization. It is an important segment of personnel management and if properly planned and executed, training can play a highly significant role in the optimization of the performance of all constituents of the organization.

4.1Training is a systematic process of developing professional

4.2The institutional training to the CBI Officers is mostly imparted at the CBI Academy, Ghaziabad. It is supplemented by conducting some specialised courses at regional level and also by in-situ training programmes at the branch level and need based training to individual officers at reputed institutions of India and abroadmin. 4.3Basic Training Course for Dy.S8P (Probationers)/SI(cadets)

4.3.1CBI academy conducts Basic Training Programme for Dy. SsP (Prob)/ SI (Cadets). Training syllabus for these courses is revised as per the recommendations of the Training Review Committee constituted from time to time. Main thrust of the training is on the following areas: i) B a s i c L a w a n d P r o c e d u r e ii)Crime investigation/supervision including application of science and technology in investigation iii) Forensic Science and Forensic Medicine iv) P o l i c e e t h i c s v) Behavioural Sciences and communication skills 0) Knowledge of computers i)Drill, Physical Training, Unarmed Combat, Yoga etc. 4.3.2The Course schedule of the Basic Training is as below:Dy. SsP 1 Institutional Training CBI Academy(Phase-I) with 7 Months 9 weeks 9 weeks 15 weeks

SIs7 Months 9 weeks 9 weeks 10 weeks

2 Page 28 of 28 with Local Police Attachment 3 4 Attachment with CBI Branch Institutional Training at CBI Academy (Phase-II)

51E13

Bharat Darshan (Educational

2 weeks

--

See Annexure -IT for different courses conducted by the Academy, target officers & duration.

Tour) TOTAL 1 year 8614 1 year & 7 weeks weeks 4.3.3The objectives of the Basic Training Programme are: i) To generate professional knowledge and skills in the newly inducted officers to enable them to conduct in-depth investigation of the cases. To orient the officers to the core values and work culture of CBI. To sensitize them to the needs and expectations of the society and to cultivate right attitude among them. To ensure high level of physical fitness to withstand the rigour and strain of duties within the CBI.

ii) 0)

iii)

4.4

Evaluation of Performance of Course Trainees

Performance of the Basic Course Trainee is evaluated through examination, project works and field training. Besides, periodical knowledge checks are conducted through quizzes, presentations, group and individual tasks etc. These are used for mid-term training reviews, identification of trainees requiring special attention and for taking correctional steps thereof. The distribution of marks to evaluate the overall performance of the Dy.SsP(Prob.) and SI (Cadets) is as under:Dy.SP(Prob) Si. No. 1 2 3 Exams Marks of Phase-I Marks of PhaseII Assessment of Practical Training Academy Head's Assessment Total Total Marks 850 250 80 Si. No. 1 2 3 SI(Cadets) Exams Marks of Phase-I Marks of PhaseII Assessment of Practical Training Academy Head's Assessment Total Total Marks 750 250 80

4

20 1200

4

20 1100

Page 29 of 29

4.5

Assessment

4.5.1 The basis for assessment of practical training is the performance of the trainees during the attachment with the State Police and CBI Branches, which is based on the following parameters : i) Punctuality ii) Discipline/Conduct iii) Ap t i t ud e / Po t e nt i a l 0) Performance in Malkhana and D.O. 0) Pe rf o rm a nce i n C ri m e S e ct i o n iv) Performance during attachment with I.O. i)Performance during attachment with Public Prosecutor ii)Performance during attachment with the Presenting Officer iii)Comments of Branch SP about overall performance during branch training 4.5.2 The Academy Head's Assessment is done at the end of the Basic Training. The following factors shall be taken into consideration for assessment: a) b) Attendance. Discipline, conduct and turnout during (i) Parade (ii) Indoor work (iii) Mess Manners (iv) Social etiquette and manners and (v) team work. Participation in training viz. (i) discussions in the class, (ii) assignments during case studies, individual presentation and (iii) participation in games and extra curricular activities (hobbies, cultural activities etc.).

c)

4.5.3 The inter-se seniority of the trainees is decided by the order of merit in the selection list at the time of recruitment and the same is not effected by his/her training performance. Page 30 above, the awards for best all round 4.5.4 Besides the of 30 performance, best indoor trainee and best outdoor trainee are given at the time of passing out parade. 4.6 Basic Training Course for Constables

4.6.1 The newly recruited Constables are imparted basic training for 6 months. The objectives of the basic training are :

i)

To acquaint the recruits with the basic features of laws and procedures relating to CBI working, organization and administration, police behaviour, police science etc. To impart knowledge in the areas related to jobs performed by the Constables of CBI like assistance in search, seizure, arrest, custody, trap, interrogation, handling, packing and forwarding of packages etc. To impart basic skills in first aid, driving, handling of equipment and other related areas of branch functioning. To make the recruits achieve high level of fitness, mental alertness and ability to withstand stress and strain. To inculcate the spirit of team work, discipline and obedience.

ii)

iii)

iv)

v)

4.6.2 In order to achieve the above mentioned objectives, the training is conducted in both indoor and outdoor subjects. At the end of the course, a final examination is conducted for which the minimum prescribed pass marks in each subject is 40%. 4.7Induction and Orientation Courses

4.7.1Apart from the long-term basic courses described above in the previous paragraphs, mid-term and short-term entry level courses are conducted soon after the appointment of officers of various ranks (direct recruitment or through deputation). The objectives of these courses are :i) To enhance the professional knowledge and skills of the officers to enable them to contribute to the organizational objectives. To orient the officers to the core values and work culture of the organization. Page 31 of 31 To sensitize the officers to the needs and expectations of the society from the organization and

ii)

0)

to cultivate the right attitude. 4.7.2 The performance of the trainees in these courses is constantly evaluated through group and individual tasks, periodical knowledge checks, syndicate studies and presentations and finally through end of the course written examinations.

4.8 Short-term In-Service Courses

In-service and short term courses of one or two weeks duration are conducted by the Academy for the benefit of In-service officers of CBI, State Police, Anti-Corruption Bureau, Vigilance Departments of Public Sector Enterprises and Nationalised Banks. Courses are organized in all the areas concerning the functions of CBI, namely, AntiCorruption, Economic Offences, Conventional and Terrorist Crimes, Scientific Investigation, Conducting of Departmental Enquiries, Vigilance, Cyber Crime, Computer Courses and office management. In addition, Refresher Courses are organized at periodical intervals for Executive ranks, Law Officers and Ministerial cadre for the purpose of updating their knowledge and skills, to equip them with the recent developments in the area of functioning, to re-orient them with the organizational goals and objectives and to tune them to the expectations of the government, judiciary and the society. Besides, Seminars/Workshops and Vertical Interaction Courses are organised for the senior officers of the rank of SsP and above. 4.9 Nomination to the training courses conducted by theCBI Academy

The Branch SsP are required to ensure that the training needs of the officers and men working under them are totally fulfilled. The Annual Training Calendar is prepared and circulated by the CBI Academy listing the various training programmes proposed to be conducted in a calendar year. The Branch SsP are expected to nominate their officers well in advance so that their requests can be processed timely and confirmation can be made. At the time of nomination, it should be ensured that the proposed training is directly relevant to the job performed and helpful in professional development of the trainee. 4.10 Sponsored Courses In order to ensure inter-institutional and international training cooperation, CBI Academy hosts training courses for the police officers of India and other countries in various areasofconcerning crime investigation. These Page 32 32 courses are sponsored by the Government, the BPR&D or the foreign police organizations.

4.11

Training Outside CBI Academy

4.11.1 Need-based and cost effective training is provided to CBI Officers from time to time at reputed institutions in India and abroad. Nominations received for the other institutions of the country are processed by the CBI Academy. Nominations of the officers of the rank of SP and above are approved by the DCBI & the other Gazetted

Officers by the JD(Admn.) and of the Non-Gazetted Officers by the DIG(Trg.). 4.11.2 Deputation of Police officers on training courses in foreign countries is mostly co-ordinated by the Bureau of Police Research and Development which circulates a list of such courses. The Academy further circulates the courses and seeks nominations from the eligible officers. These are then scrutinised by a Committee at the CBI Head Office and submitted for approval of the DCBI. The names of the approved officers are forwarded to the Bureau of Police Research and Development (BPR&D). Sometimes nominations are sought directly by the Ministry of Home Affairs (MHA) or DoPT. Training Methodology A periodic training needs analysis is conducted by the Academy for determining the training methodology and design of the course curriculum. In the initial phases of basic courses, the method of teaching is pedagogical, keeping in view the low level of fresh entrants. Thereafter, the lectures are supplemented by demonstrations, role plays, simulations, case studies, practical exercises and field visits. After the trainees acquire the basic knowledge in the area of functioning of CBI, they are sent for practical training in the field. After their return from the field for second phase of training, emphasis is laid on individual and group exercises, projects, group discussions, syndicate studies and presentations, analysis of case studies, etc. Class room lectures are limited to the minimum extent possible at this stage.

4.12 4.12.1

4.12.1 The Outdoor training is an essential course input. The level of intensity and complexity of outdoor inputs is constantly increased as the training progresses. 4.12.2 The methodology for the training of supervisory level officers is mostly through workshops, seminars, syndicate studies, analysis of case studies, presentations and experience sharing. 4.12.3 For the investigating officers and the law officers, the training methodologies adopted are lectures, demonstrations, field visits, Group and Individual exercises, group discussions, analysis of case studies, syndicate studies and presentations. 4.12.4 For the ministerial and lower subordinate staff the training methodology is mostly through lecture, demonstrations, field visits, practical exercises, simulations and role play. Page 33 of 33

4.13 Training Research and Development Cell Training research is one of the core training activities. Assessing the training needs of all ranks in CBI with the active association of field officers, preparation and revision of course designs, preparation and distribution of reading material, analysis of feed back and post training impact evaluation etc. are some of the activities performed by this Cell. Branch SsP are expected to provide active support for performing the tasks by the Training Research and Development Cell by providing it with the required data. The inputs from the Training Research & Development Cell forms the main basis for determining the training methodology.

Page 34 of 34

5

SERVICE RECORDS

5.1 Service book is a record of every event occurring in the official life of a government servant. It has to be maintained for every government servant holding a permanent or a temporary post except for those who are not likely to be in service for more than one year or those holding non pensionable service (SRs 196 and 197). 5.2 Service book in form MSO(T)-27 (Revised) must be opened for all government servants from the date of entry into service and is to be maintained till he ceases to be in service. Service book also contains certain entries about events prior to entry into the service. Entries at this stage are to be recorded very carefully after consulting the original certificates. Once the service book is opened and the entries at the initial stage recorded, other entries also have to be recorded as and when the events take place. Entries regarding confirmation, suspension, reduction in rank, withholding of increments, recovery of loss, leave without pay, service break, award of President Police Medal/Indian Police Medal etc., should be made in red ink. Service book must be kept in safe custody. 5.3All the entries made in the service book should be duly attested. There should not be erasing or overwriting in the service book. Corrections, if any, should be neatly done and properly attested. The Head of Offices are permitted to delegate powers to subordinate Gazetted officers under them, to attest entries in the service books except their own service book for which the Head of Offices are responsible (SR-199). 5.4 direct In CBI, different posts are filled by deputation as well as recruitment/promotion etc. In so far as the deputationists are concerned, service books in prescribed format of the parent department are transferred to CBI and entries with regard to the events during the tenure of their deputation are to be recorded by the concerned office at the appropriate

place/part/column. 5.5To eliminate delay in payment of pension, it shall be the responsibility of the officer maintaining the service book to make annual verification and also complete and certify the service book in respect of previous service in the twenty fifth year of service or 5 years before retirement, whichever is less. The orders of the Page 35 of 35

competent authority, where required on the nature of service (e.g. period of leave, break in service etc.) should be obtained and recorded in the service book. Unless otherwise shown in the service book, it will be presumed that orders of the competent authority have been obtained and period of extraordinary leave, period of preceding breaks in service will be counted for pension. If any lapse or omission in observing this procedure results in overpayment, suitable disciplinary action will be taken against the authorities concerned. (Rule 32 of CCS (Pension) Rules). 5.6Maintenance of Service Book

5.6.1 5.6.1 Service Book contains two volumes:Vol.I has four parts and Appendix containing leave account. Part-I: Contains bio data and photograph. Part-II:Deals with certificates and attestation. Part-III: Records previous qualifying service and foreign service. Part-IV:Deals with the history and verification of service. Vol.II contains all the service documents which are to be certified and attested in Part-II of Vol.I. 5.6.2 Following entries / certificates are to be recorded in the service book at the time of first appointment and attested by the Head of Office or any other officer duly authorised. i) Employee has been medically examined and found fit. ii) His/her character and antecedents have been verified. He/she has furnished declaration of his/her not having contracted bigamous marriage. He/she has taken the oath of allegiance/affirmation to the Constitution. He/she has furnished the declaration of home town which has been accepted. The correctness of the entries against the following Page of 36 items 36 ofPart-I. Bio-data has been verified from original certificates furnished as valid documentary evidence for the respective purpose.

0) iii) iv) v)

W Whether a member of SC/ST.

Date of birth by Christian era and wherever possible also in Saka era (both in words and figures). f Educational qualifications.

(vii) Professional and technical qualification not covered by abovell[11. 1 He/she has filed nominations for GPF and related entries have been furnished to the Account Office on v various dates. He/she has furnished details of the family members. m He/she has filed nominations for Death/Retirement Gratuity. 5.6.3Events requiring entries in the Service Book i) ii)12 2

[ ]:

iii) iv) v) 0) i) ii) iii) vi) vii)B001E 13[3]:

Entries at the time of initial appointment. Occurrence of events involving a change in the post, station, office, scale of pay, nature of appointment, promotion, reversion, deputation, transfer on foreign service, increment, leave suspension and other forms of interruption in service. Events like stoppage of increment. Grant of personal pay for adopting family planning norms. Grant of special leave/Paternity leave. Membership of CBI Benevolent Fund. Facts of availing LTC either by Government servant or member of his family. Grant of encashment of leave during service. Allotment of GPF account number. Deputation/repatriation/absorption. Confirmation at the initial grade.

5.6.4Documents to be placed in Volume - II of the Service i) ii) iii) iv) v) vi) 0) i) vii) Relaxation of age, educational qualification (authenticated/ attested copy). Report regarding verification of character and antecedents (original). Medical certificate of fitness (original). Declaration of marital status (original). Acceptance of Home Town declaration (signed/attested copy). Oath/affirmation of allegiance. Nomination for PF, DCRG, CGEGIS, Benevolent Fund. Page 37 Details of 37 Family (Signed/attested copy). Order regarding change of date of birth (authenticated/ attested).

viii)11

Change of name (original).

[ Also see G.I., MF, O.M. No. 3(2).E IV(A), dtd. 14.03.76 2 [ 1Also see G.O.I., MF, O.M. No. 3(v)-E IV(A), dtd. 11.03.76 13 31 [ Also see G.I., DP&AR, O.M. No. 28034/35/76-Estt.(A) dtd. 19.01.197712

11

xi)

Change in home town / permanent home address (once in service life). xii) Attested copies of certificates of age and education qualification. xiii) Condonation of break in service. xiv) Collateral evidence in respect of first service. 5.6.5 Leave Account A leave account shall be maintained in the prescribed form for each government servant and must be kept with the service book with up to date account (Rule 15 of CCS(Leave) Rules, 1972). 5.6.6 Annual Verification of Service At a fixed time, immediately after financial year is over, the service book shall be taken up for verification by the Head of Office, Annual Verification entry has to be recorded very carefully after consulting the Pay Bill Register. When the government servant is transferred from one office to another, the Head of the Office under whom he was originally posted/worked should record the verification of service in respect of the whole period or a month/date upto which pay and allowance of a government servant were drawn inter alia upto the period for which the government servant was paid in his office (GFR-81) . 5.7 CGEGI Scheme - Form No. 13 to be pasted in the ServiceBook

5.7.1 Every year in the month of January the Head of Office will record a certificate in column 7 in the following form: "Subscription @ Rs. ______appropriate to group_ _of the _ scheme recovered from Pay & Allowances for the period from January _____to Dec.____."

5.7.2 All other events in the nature of promotion, transfers on deputation / foreign service, absorption in PSU/Autonomous bodies, retirement etc. occurring during the service career of the member of 38 scheme shall also be recorded in the the Page 38 appropriate column No. 6 of the form duly attested [GI (8) SR 199].

5.8

Inspection of Service Book

Every Head of Office has to initiate action to show the service book to the government servant concerned every year and to obtain

his signature there in token of their having inspected / seen the Service Book (SR 202).

5.9

Supply of copies of Service Book

Government servant who asks for a certified copy of the service book on quitting service on retirement, discharge or resignation may be supplied with the same on payment of Rs. 5/- as copying fee. 5.10Alteration in Date of Birthi4[4]

An alteration of date of birth of a government servant can be made, with the sanction of the Ministry or Department concerned of the Central Government under which the government servant is serving, if : i) The request for alteration of the date of birth is made within a period of 5 years of his entry into government service. It is clearly established that a bonafide clerical mistake has occurred and should be rectified. The date of birth so altered would not make him ineligible to appear in any School or University or UPSC examination in which he had appeared at such examination or on the date on which he entered the government service.

ii)

0)

5.10.1 Belated Claims for Alteration in date of birth to berejected:

The Government policy regarding rejection of belated claim for alteration in date of birth has been reinforced by the observations made by the Supreme Court in the judgement in Civil Appeal No. 502 of 1993 (Union of India vs. Harnam Singh). This position has to be kept in view while considering any request from a government servant for alteration in his date of birth. In other words, it will not be Page 39 of 39 to consider any request for alteration appropriate in date of birth if the conditions stipulated in Note below FR 56 are not strictly fulfilled.

14

[

4

]Also see FR 56 - Note 6

5.11 Nominations Nominations under different rules are required to be obtained on prescribed forms. It has to be ensured that the nominations are not only filled in properly and signed by government servant concerned but are authenticated / accepted by the officer so authorised for the purpose. In order to ensure that nominations of the concerned employee have been obtained, a list may be maintained in the following format and can be kept in the Service Book for periodical checking. Sr . No . Name & Desig n. Date of postin g in Valid nomination / declaration

GPF DCRG CGEGIS Benevole nt

Hom Detail e s of Tow Family

Page 40 of 40

6

CONFIRMATION

6.1 As per the present instructions of the government, confirmation will be made only once in the service of an official which will be in the entry grade. However, if a government servant is appointed to another post by direct recruitment either in the same department or a different department, it will be necessary to consider him for confirmation in the new post in which he has been appointed by direct recruitment irrespective of the fact that the officer was holding the earlier post on a substantive basis. 6.2 direct A person appointed against a permanent post as a recruit with definite conditions of probation is to be confirmed in the grade with effect from the date on which he successfully completes the period of probation. The decision whether he should be confirmed or his probation extended should be taken soon after the expiry of the initial probationary period, i.e. ordinarily within 6 to 8 weeks and communicated to the employee together with the reasons in the case of extension. 6.3 Both confirmation and denial of confirmation involve assessment of the work done by the officer concerned and such assessment can best be done by the DPC. Before confirming a person, integrity clearance should always be obtained from the vigilance unit of the Ministry/Department concerned. In the case of confirmation, the DPC should not determine the relative merit of officers but it should assess the officers as 'Fit' or 'Not yet fit' for confirmation in their turn on the basis of their performance in the post as assessed with reference to their service record. 6.4The Union Public of 41 Page 41 Service Commission need not be associated with a Departmental Promotion Committee constituted for considering the cases of confirmation of officers. The proceedings of the DPC which considered

the confirmation of Group 'A' officers, should, however, be sent to the Commission for their approval. While doing so, the cases of officers not considered fit for confirmation along with their records should be specifically referred to the Commission for their approval. 6.5 officers As regards consideration of cases for confirmation of under suspension or in respect of whom disciplinary/criminal cases are pending the same procedure, which is followed by the

DPC in respect of promotion of government servants under cloud, should be followed. 6.6If the Recruitment Rules do not prescribe any probation on promotion post, an officer promoted on regular basis will have all the benefits that a person confirmed in that grade would have. Where probation is prescribed, the appointing authority will on completion of the prescribed period of probation assess the work and conduct of the officer himself and in case the conclusion is that the officer is fit to hold the higher grade, he will pass an order declaring that the person concerned has successfully completed the probation. If the appointing authority considers that the work of the officer has not been satisfactory or needs to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation, as the case may be. 6.7Passing of typewriting test for persons appointed as LDC by promotion from Group 'ID' or by direct recruitment through SSC or otherwise or by other methods including appointment on compassionate grounds etc. is compulsory for confirmation unless they are exempted from passing the typewriting test. They would be eligible for regularisation/confirmation in LDC grade from a date not earlier than the date of exemption or the date of the test at which they passed the typing test, as the case may be.

Page 42 of 42

7

S E N IO R IT Y

7.1Fixation of Seniority on Appointment and Promotion is a very important function of the Establishment Section. Correct seniority fixation facilitates smooth functioning of the organization and avoids unnecessary litigation. 7.2Seniority to be determined by the order of merit indicated at the time of initial appointment

7.2.1 The seniority of government servants is determined in accordance with the general principles of seniority contained in M.H.A. O.M. No.9/ 11/55-RPS, dated the 22nd December, 1959 as amended from time to time. One of the basic principles enunciated in the said OM is that, seniority follows confirmation and consequently permanent officers in each grade shall rank senior to those who are officiating in that grade. 7.2.2 This principle came under judicial scrutiny in a number of cases in the past. In one of the important judgments delivered by the Apex Court on 2.5.1990, in the case of Class II Direct Recruits Engineering Officers' Association Vs. State of Maharashtra, the Court held that once an incumbent is appointed to a post according to a rule, seniority has to be counted from the date of his appointment and not according to the date of confirmation. 7.2.3 Accordingly, in modification of the 1959 OM the seniority of a person regularly appointed to a post is now determined by the order of merit indicated at the time of initial appointment and is not based on the date of confirmation. 7.3Seniority of Direct Recruits and Promotees

7.3.1The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the UPSC or other selecting authority. Persons appointed as a result of an Page 43 of 43 earlier selection will be senior to those appointed as a result of a subsequent selection.

7.3.2 Where promotions are made on the basis of selection by a DPC, the seniority of such promotees shall be in the order in which they are recommended for such promotion by the Committee. Where promotions are made on the basis of seniority, subject to the rejection of the unfit, the seniority of persons considered fit for promotion at the same time shall be the same as the relative seniority in the lower grade

from which they are promoted. Where, however, a person is considered unfit for promotion and is superseded by a junior, such persons shall not, if he is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him. 7.3.3 Where persons recruited or promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority would be determined by the order of merit indicated at the time of initial appointment and not according to the date of confirmation. 7.3.4 The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules. 7.3.5 If adequate number of direct recruits do not become available in any particular year, rotation of quotas for the purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees. 7.4Seniority of Absorbees

7.4.1 The relative seniority of persons appointed by absorption to a Central service from the subordinate office of the Central Government or other departments of the Central or a State Government will normally be counted from the date of absorption. If he has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he will be given seniority from the date he has been holding the post on deputation or the date from which he has been appointed on a regular basis to the same or equivalent grade in his parent department whichever is earlier. Page 44 of 44 7.4.2 Where such absorption is effected against specific

quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-a-vis direct recruits or promotees shall be determined according to the rotation of vacancies which shall be based on the quotas reserved for absorption, direct recruitment and promotion respectively in the Recruitment Rules. 7.4.3 Where a person is appointed by absorption in accordance with the provisions in the Recruitment Rules providing for such absorption in the event of non-availability of suitable candidate by direct recruitment or promotion, such absorbee shall be grouped with direct

recruits or promotees, as the case may be. He shall be ranked below all direct recruits or promotees, as the case may be, selected on the same occasion. 7.4.4 In case the dates of absorption of two or more persons, selected from different sources on the same occasion are the same and the seniority is given from the date of absorption, then their inter-se seniority will be determined in accordance with their inter-se order of merit's['], 7.5Seniority in Special Types of Cases

7.5.1 Fixation of seniority of a government servant reverted to alower post/grade/service as a measure of penalty and subsequently promoted to a higher post

In cases where a government servant is reduced to a lower service, grade or post, or to a lower time-scale, the order imposing the penalty of reduction to a lower service, grade or post or to a lower time-scale may or may not specify the period of reduction. Where the order does not specify the period of reduction and there is coupled with it an order declaring the government servant permanently unfit for promotion, the question of re-promotion will, obviously, not arise. In other cases where the period of reduction is not specified, the government servant should be deemed to be reduced for an indefinite period, i.e., such date as, on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion. On re-promotion the seniority of such a government servant should be determined by the date of promotion. In all such cases, the person loses his original seniority in the higher service, grade or post in entirety. On re-promotion, the seniority of such a government servant should be determined by the date of re-promotion irrespective of the service rendered by him in such service, grade or post prior to his reduction. 7.5.2 The more common course is to specify the period of reduction and except when it is intended to debar a government servant from promotion permanently, it is the preferable course. An order imposing the penalty or reduction to a lower service, grade or post or to a lower time scale should invariably specify: Page 45 of 45 (i) the period of reduction, unless the clear intention is

that the reduction should be permanent or for an indefinite period.

[ 1 See judgment dated 14.12.1999 of Apex court in case of Sh.Rooplal & others vs. Lt.Governor of Delhi and also DP&T OM No.20011/1/2000-Estt.(D) dated 27.03.200115

1

(ii) whether on such re-promotion, the government servant will regain his original seniority in the higher service, grade or post or higher time-scale which had been assigned to him prior to the imposition of the penalty. 7.5.3In cases where the reduction is for a specified period and is not to operate to postpone future increments, the seniority of the government servant may, unless the terms of the order of punishment, provide otherwise, be fixed in the higher service, grade or post or the higher time-scale at what it would have been but for his reduction. 7.5.4 Where the reduction is for a specified period and is to operate to postpone future increments, the seniority of the government servant on re-promotion may, unless the terms of the order of punishment provide otherwise, be fixed by giving credit for the period of service rendered by him in the higher service, grade or post or higher time-scale. 7.6Fixation of inter-se seniority of the staff rendered surplus and re-deployed on different occasions but in the same office

7.6.1When an employee is declared surplus in a particular grade in an office and is re-deployed in a grade in another office, he is not allowed to count his service in his previous office towards seniority in the office where he is redeployed16[2]. Such employees are to be treated as fresh entrants in the matter of their seniority, promotion etc. 7.6.2When two or more surplus employees of a particular grade in an office are selected on different dates for absorption in a grade in another office, their inter se seniority in the latter office will be same as in their previous office provided thati) (i) No direct recruit has been selected for appointment to that grade in between these Page 46 of 46 dates; and ii) (ii) If there are no fixed quotas for direct recruitment

and promotion to the grade in question in the new office and no promotee has b