DoPT O.M. (2011) - Procedure to be followed for referring files to DoP&T for advice/clarification - reg. - F.No.20034/2/2010-Estt.(D) dated 30th November, 2011

F.No.20034/2/2010-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 30th November, 2011
OFFICE MEMORANDUM
Subject: Processing of files referred to DoP&T for advice/clarification - procedure to be followed.

The undersigned is directed to refer to this Department’s O.M. of even number dated 13th August, 2010 (copy enclosed) prescribing procedure to be followed for processing of files referred to this Department for advice/clarification. Despite these instructions, a large number of references especially relating to Court Cases are being received without following the prescribed procedure.
2. This Department has issued/placed on DoPT’s website (www.persmin.nic.in) revised instructions on personnel matters like timely completion of ACR, holding of DPC, amendment to Recruitment Rules etc. Implementation of time schedule prescribed in each of these instructions is likely to reduce procedural delays, thereby reducing grievances and litigations and also streamline manpower management. It has been observed that these instructions are not being implemented in true spirit thereby contributing to procedural delays/grievances and litigations.
3. It has also been observed that the files relating to Court Cases are referred to this Department at the last moment leaving very little time for processing of the case. Most of the time, issues on which the Department’s advice is sought is not indicated clearly which add to further delays. All the Ministries/Departments are advised to follow the procedure prescribed in this Department’s O.M. of even number dated 13.08.2010 while referring the file to this Department for advice/clarifications. To facilitate processing of Court Cases, the following procedure should invariably be followed by all referring Departments/Ministries. The referring note should invariably indicate:

(i) brief history and fact of the case;
(ii) relief sought by petitioner/applicant;
(iii) Earlier advice/opinion of DOP&T/DOLA in the matter;
(iv) stand taken by Department before Court/CAT;
(v) Opinion of the Government Counsel on the Court/CAT order;
(vi) operative part of the judgement/direction;
(vii) action proposed to be taken by Department;
(viii) present rule position and specific point on which advice/opinion of DoP&T is sought.

4. Attention is also drawn to DoPT’s O.M. No. 20036/23/88-Estt.(D) dated 6th January, 1989 and Department of Expenditure’s O.M. No.7(32)-E-III/92 dated 24th May, 1993 with respect to procedure to be followed while defending Government in Court cases. The proposals received after 31st December, 2011 which do not follow the procedure prescribed as above would not get adequate time for proper examination and the concerned Ministry/Department will be held responsible for delays resulting in adverse Court orders.
(Virender Singh)
Under Secretary to the Government of India
Tel. : 2309 3804

Copy to:

  1. All Ministries/Departments of the Government of India
  2. All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions and all attached/subordinate offices of the Ministry
  3. President’s Secretariat/Vice-President’s Secretariat/Prime Minister’s Office/Supreme Court/Rajya Sabha Secretariat/Lok Sabha Secretariat/Cabinet Secretariat/UPSC/CVC/C&AG/Central Administrative Tribunal (Principal Bench), New Delhi
  4. NIC (DOP&T) for placing this Office Memorandum on the Website of DOP&T.
  5. Establishment Section (200 copies).
  6. Hindi Section for Hindi version.

Original O.M. in PDF for download/print purposes:
20034_2_2010-Estt-D.pdf (42.3 KB)