CSIR & 11th plan outlay

Schemes / Programmes	11th Plan	2007-08	2007-08	2008-09
	Outlay	BE	RE	BE
CSIR
National Laboratories	6400.00	864.00	858.00	960.00
National S&T Human Resource Development	800.00	60.00	60.00	75.00
Intellectual Property & technology Development	240.00	30.00	36.20	34.00
R&D Management Support	160.00	25.00	20.00	25.00
NIMTLI	700.00	55.00	55.00	60.00
Setting up of Institute of Translational Research	100.00	1.00	1.00	1.00
Total CSIR	8400.00	1035.00	1030.20	1155.00

Chief Administrative Officer at NBRC, LAST DAY- 15 DAY FROM PUBLICATION

Advertisement No. 6/2008 National Brain Research Centre (NBRC), Manesar, is the apex co-ordinating body for research in Neuroscience with the objective of undertaking basic research towards understanding brain structure and function in health and disease. The centre is located at Manesar, Haryana, 50 km from New Delhi. NBRC would like to recruit suitable persons for the following positions: Post Code: 001 Chief Administrative Officer Pay scale :- 37400-67000 (grade pay Rs. 8700/-) Method of recruitment:- Deputation/Direct recruitment Educational Qualification:- Post Graduates in Arts, Commerce with MBA or PG Diploma in Management from an institute/university of repute. Experience:- The candidate should have minimum 12 years experience in dealing with administrative and establishment matters viz Govt. of India’s rules and procedures and its application in respect of establishment and service matters. Should be familiar with the management of scientific and research activities of government research institutions in senior administrative position. The candidates should also have sound knowledge about the finance and purchase procedures of Govt. Organizations. Candidates having worked in Scientific Research Institutes, Teaching Institute and persons of proven leadership qualities will be preferred. Desirable qualification:- Knowledge of modern management practices, familiarity with the use of computers and experience in construction activities of Government buildings will be desirable qualification. Age Limit:- Should not exceed 55 years as on the last date of application. Note: Chief Administrative Officer is responsible for General Administration which includes Establishment, Personnel & Administration Wing, Stores & Purchase Wing, Import & Project Cell, Estate Management & Engineering Maintenance Wing – Civil, Electrical & Mechanical. General Conditions :- The appointments for Post Code 001 shall be made on deputation or on contract for a period of 5 years with a probation period of 1 year, which may be extended. The performance will be reviewed on completion of 4 years and further continuation of appointment will depend on the performance during this period. Canvassing in any form will be a disqualification. Competent authority in exceptional cases may relax requirements of age/ educational qualification/ experience. The candidates may be considered for higher/ lower grade depending on their profile. The posts advertised shall be need based without any commitment for its filling. Candidates who are desirous of being considered for the above post and who can be relieved immediately on selection may apply in the prescribed application form attached along with this information sheet. Application form in the prescribed application format along with the following documents must reach Administrative Officer, National Brain Research Centre, Nainwal Mode, Manesar 122050, Gurgaon within 15 days from the date of publication of the advertisement. Attested copies of Certificates. Application Fee (non-refundable) Rs. 100/- for General and Rs. 50/- for OBC in the form of Demand Draft in favour of “Director, NBRC” payable at Gurgaon/ Manesar. The application fee for candidates belonging to SC/ST/PH category would be exempted subject to the production of Certificate. Names of three references in the senior position who can certify the working/ conduct of the candidate. Name of the post, Advertisement no. and Sr. no. of the post applied for should be clearly mentioned on the Envelope and in the Application Form, failing which the application will not be considered. Applications received after the last date or without attested copies of testimonials and certificates etc. may be rejected. Out-station candidates called for interview shall be paid 2nd class sleeper train fare on production of documentary evidence. The applicants in Government/Semi-government organizations/ public sector undertaking autonomous organizations must send their applications “Through Proper Channel”. The applications received without the recommendations of the employers will not be considered. Merely fulfilling the minimum prescribed qualification and experience will not vest any right on a candidate for being called for interview. Since it may not be possible to call all the candidates for interview, the applications will be short listed and the decision of the duly constituted Screening Committee will be final. The Centre will not entertain any correspondence in this respect and interim enquiries will not be attended to. Applications received after due date may not be considered. Candidate may specify the category they belong to and attach documentary proof in case they belong to OBC/SC/ST/PH/Ex-serviceman category. The reservation rules/ guidelines of the Govt. of India will be applicable. The Upper age limit is relaxable for SC/ST/OBC/PH applicants as per the rules / guidelines of the Government of India. Application should be complete in all respects and any incomplete application will be rejected summarily. Terms and conditions and application form may be downloaded from the website of NBRC (www.nbrc.ac.in) or obtained by post on request from the Administrative Officer, NBRC, Nainwal Mode, Manesar-122050, Haryana. The request for application form should be accompanied by a demand draft for Rs. 50/- (non-refundable) drawn in favour of Director, NBRC payable at Gurgaon along with details of the address where the application form is to be sent. In addition the candidates have to send the requisite fee as applicable, alongwith the filled-in application. Last date for receipt of completed application form is 15 days from the date of publication of advertisement..

Operation of Distinguished Scientist (DS) positions in the Council of Scientific and Industrial Research (CSIR)

The Cabinet today approved a proposal on “Operation of Distinguished Scientist (DS) positions in the Council of Scientific and Industrial Research (CSIR) in the pre-revised Higher Administrative Grade + (HAG + Grade) of Rs. 24050-650-26000 by up-gradation of 30 existing posts of Group (IV) scientists.”

By implementing this scheme, CSIR seeks to recruit for its national laboratories scientific leaders, nationally as well as from amongst Scientists and Technologists of Indian Origin (STIOs), with proven track records of managing very challenging National, and International scientific programmes. Such leaders would spearhead strategically important programmes of CSIR and mentor young scientists to take on leadership roles.

The need to induct ‘Distinguished Scientist’ (DS) position, a HAG+ grade position would help achieve CSIR’s overarching ambition to excel in all scientific domains and to enable it to realize higher levels of productivity, compete in knowledge driven global economy, strengthen its scientific work force, and to check migration or attrition of scientists. Further, these positions are critical for CSIR which is set to create vibrant ‘Centres of Excellence’ around cutting edge of Science & Technology, to drive mega projects, and set-up Mission oriented programmes in various frontier R&D areas of Science & Technology.

215th report of Law Commission regarding "Administrative Tribunal*

The Law Commission of India submitted to the Government of India, its 215th Report on “L. Chandra Kumar be revisited by Larger Bench of Supreme Court”. The Hon’ble Chairman of the Commission, Dr. Justice AR. Lakshmanan, former Supreme Court Judge, forwarded the said Report to the Hon’ble Union Law Minister, Dr. Hans Raj Bhardwaj, on 17th December, 2008.

A radical change was brought about in the constitutional law through section 46 of the Constitution (Forty-second Amendment) Act, 1976, which inserted new Part XIVA on ‘Tribunals’ in the Constitution. Article 323A empowers Parliament to provide, by law, for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State. The law may provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States. The law may take out adjudication of disputes relating to service matters from the hands of the civil courts and the High Courts.

Pursuant to the provisions of article 323A, Parliament enacted the Administrative Tribunals Act, 1985 (Act) to establish an Administrative Tribunal for the Union, viz., the Central Administrative Tribunal and a separate Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States. The establishment of Administrative Tribunals became necessary since a large number of cases relating to service matters were pending before various courts. It was expected that the setting up of the Administrative Tribunals would not only reduce the burden of courts, but would also provide speedy relief to the aggrieved public servants.

In S. P. Sampath Kumar [(1985) 4 SCC 458], the Supreme Court directed the carrying out of certain measures with a view to ensuring the functioning of the Administrative Tribunals along constitutionally sound principles. The changes were brought about in the Act by an amending Act (Act 19 of 1986). Jurisdiction of the Supreme Court under article 32 was restored. Constitutional validity of the Act was finally upheld in S. P. Sampath Kumar [(1987) 1 SCC 124] subject, of course, to certain amendments relating to the form and content of the Administrative Tribunals. The suggested amendments were carried out by another amending Act (Act 51 of 1987).

Thus became the Administrative Tribunals an effective and real substitute for the High Courts.

In 1997, a seven-Judge Bench of the Supreme Court in L. Chandra Kumar [JT 1997 (3) SC 589] held that clause 2 (d) of article 323A and clause 3(d) of article 323B, to the extent they empower Parliament to exclude the jurisdiction of the High Courts and the Supreme Court under articles 226/227 and 32 of the Constitution, are unconstitutional. Section 28 of the Act and the “exclusion of jurisdiction” clauses in all other legislations enacted under the aegis of articles 323A and 323B would, to the same extent, be unconstitutional. The Court held that the jurisdiction conferred upon the High Courts under articles 226/227 and upon the Supreme Court under article 32 of the Constitution is part of the inviolable basic structure of our Constitution. All decisions of the Administrative Tribunals are subject to scrutiny before a Division Bench of the High Court within whose jurisdiction the Tribunal concerned falls.

As a result, orders of the Administrative Tribunals are being routinely appealed against in High Courts, whereas this was not the position prior to the L. Chandra Kumar’s case.

On 18th March 2006, the Administrative Tribunals (Amendment) Bill, 2006 (Bill No. XXVIII of 2006) was introduced in Rajya Sabha to amend the Act by incorporating therein, inter alia, provisions empowering the Central Government to abolish Administrative Tribunals, and for appeal to High Court to bring the Act in line with L. Chandra Kumar. The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 17th Report on the said Bill did not subscribe to the same and as for the provision for appeal to High Court expressed the view that the original conception of the Administrative Tribunals be restored and appeal to High Court is unnecessary, and that if a statutory appeal is to be provided it should lie to the Supreme Court only.

In the above backdrop, the Law Commission took up the study on the subject suo motu. The Administrative Tribunals were conceived as and constitute an effective and real substitute for the High Courts as regards service matters. Moreover, the power of judicial review of the High Courts cannot be called as inviolable as that of the Supreme Court. The very objective behind the establishment of the Administrative Tribunals is defeated if all the cases adjudicated by them have to go before the concerned High Courts. If one appeal is considered to be a must, an intra-tribunal appeal would be the best option, and then the matter can be taken to the Supreme Court by way of special leave petition under article 136. The Law Commission is of the view that L. Chandra Kumar’s case needs to be revisited by a Larger Bench of the Supreme Court or necessary and appropriate amendments may be effected in the Act in accordance with law and it has recommended accordingly.