Processing of files referred to DOPT for advice/clarification: Draft OM by DoPT for comments

DoPT seeks comments/views on Draft OM regarding Procedure on processing of files referred to DoPT for advice/clarification:-

F.No. 43011/9/2011-Estt.D

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

North Block, New Delhi

Dated the 21st September, 2015

Office Memorandum

This Department intends to issue an instruction on the above mentioned subject. Before the instructions in the Draft O.M. (copy enclosed) are finalized, Ministries/Departments are requested to offer their comments/views, if any, in this regard latest by 12th October, 2015 at the e-Mail address [email protected].

(G.Jayanthi)

Director(E-1)

This Department has from time to time issued instructions prescribing the procedure to be followed for making references to this Department for advice/clarification. In this regard, O.M.No.20034/2/2010-Estt(D) dated 13th August, 2010, O.M.No.20034/2/2010-Estt(D) dated 30th November, 2011 and OM of even number dated 13.02.2015 refers.

2. lnspite of these instructions, some Ministries/Departments continue to refer the files to this Department without following the procedure enunciated in the above mentioned OMs, resulting in avoidable procedural delays, grievances and unwanted litigations.

3. In this background while reiterating instructions mentioned in the above three OMs, the following procedure for referring the proposals including court cases to this Department, may be followed:-

i. Administrative Departments shall refer cases to the DoPT only where there is a specific point on interpretation of policy involved.

ii. When such a reference is made, all facts pertaining to the case maybe incorporated in the Self Contained Note.

iii. All the references should be made to DoP&T with the approval of the Secretary of the Administrative Ministry /Department.

iv. Proposals involving Implementation or otherwise of the Court Orders, Contempt Cases etc. should be sent minimum two weeks in advance of the crucial date.