Encasliiiient of 10 days earned leave alongwith LTC by re- Employed pensioners - Clarification regarding

Child Care Leave Waiving of age restrictioll of 18 years for Government servant having mentally challenged /disabled children

Revision of 1/3rd commuted portion of pension

Mechanised cheque processing using MICR technology - Procedural Guidelines

Standardisation and Enhancement of Security Features in Cheque Forms

RBI/2009-10/323
DPSS.CO.CHD.No. 1832/ 04.07.05 /2009-10

February 22, 2010

The Chairman and Managing Director / Chief Executive Officer
All Scheduled Commercial Banks including RRBs /
Urban Co-operative Banks / State Co-operative Banks /
District Central Co-operative Banks

Madam / Dear Sir,

Standardisation and Enhancement of Security Features in Cheque Forms

Paper-based cheque clearing continues to be one of the popular modes of initiating payment transactions in the country. During the period April-December 2009, clearing houses in the country have processed on an average around 4.5 million cheques every day. Several measures have been initiated by Reserve Bank of India to ensure that this retail payment product functions in a safe and efficient manner.

2. Introduction of Magnetic Ink Character Recognition (MICR) technology during the mid-eighties has been the single-most important development responsible for making the cheque clearing popular and efficient – volume-wise, speed-wise and convenience-wise. At the banks’ end too, cheques in MICR format have facilitated post-processing ease in operations, affording credit to customer accounts and reducing reconciliation issues, thus improving customer service. Standardisation of cheque forms (leaves) in terms of size, MICR band, quality of paper, etc., was one of the key factors that enabled mechanisation of cheque processing.

3. Over a period of time, banks have added a variety of patterns and design of cheque forms to aid segmentation, branding, identification, etc., as also incorporated therein a number of security features to reduce the incidence of cheque misuse, tampering, alterations, etc. Growing use of multi-city and payable-at-par cheques for handling of cheques at any branches of a bank, introduction of Cheque Truncation System (CTS) at New Delhi for image-based cheque processing, increasing popularity of Speed Clearing for local processing of outstation cheques, etc., are a few aspects that led to looking into the need, if any, for prescription of certain minimum security features in cheques printed, issued and handled by banks and customers uniformly across the banking industry.

4. Against the above backdrop, a Working Group was set-up by the Reserve Bank of India for examining further standardisation of cheque forms and enhancement of security features therein. The Working Group comprised various stakeholders viz. commercial banks, paper manufacturers, security printers, etc., apart from Reserve Bank of India. Recommendations of the Working Group were discussed internally as also forwarded to Indian Banks’ Association (IBA), National Payments Corporation of India (NPCI) and select banks for their views. The feedback from these institutions has been received and duly considered.

5. It has since been decided to prescribe certain benchmarks towards achieving standardisation of cheques issued by banks across the country. These include  provision of   mandatory   minimum   security  features   on   cheque  forms  like  quality  of paper, watermark, bank’s logo in invisible ink, void pantograph, etc., and standardisation of field placements on cheques. In addition, certain desirable features are also being suggested which could be implemented by banks based on their need and risk perception. The set of minimum security features would not only ensure uniformity across all cheque forms issued by banks in the country but also help presenting banks while scrutinising / recognising cheques of drawee banks in an image-based processing scenario. The homogeneity in security features is expected to act as a deterrent against cheque frauds, while the standardisation of field placements on cheque forms would enable straight-through-processing by use of optical / image character recognition technology.

6. The benchmark prescriptions shall be known as "CTS-2010 standard", specifications of which are annexed. Effective date of implementation of the standard will be advised to you in due course. It is our intention that the revised cheque standard is implemented by banks before the roll-out of CTS at Chennai. IBA and NPCI will be co-ordinating and advising banks on introduction of additional security features on cheques as also other aspects relating to implementation of the standard across the country.

7. Please acknowledge receipt of the circular and indicate your readiness for implementing the "CTS-2010 standard".

Yours faithfully

(G Padmanabhan)
Chief General Manager

Encl. : CTS-2010 Standard Specifications

Seniority not a fundamental right: CAT

New Delhi, Mar 5 (PTI) The Central Administrative Tribunal has refused to set aside an order by the MCD revising the seniority list of its junior stenographers, saying that it cannot be claimed as a "fundamental right".
"As per the settled law, seniority is not a fundamental right of a public employee. It is only a civil right. There cannot be any change in this contrary to the principles of natural justice," the Tribunal bench, comprising Members Shanker Raju and Veena Chhotray, said.
It dismissed the petition of junior stenographers seeking to set aside the order of the civic agency which had revised their 1988 seniority list.
The Tribunal noted that seniority list of junior stenographers was revised in 2000 by the MCD after duly considering the objections invited by it after circulating a provisional seniority list.

Scientist moves high court over award

KOLKATA: Calcutta High Court has admitted a complaint by scientist Srimanta Kumar Raut against the Council of Scientific and Industrial Research (CSIR) and the Human Resource Director General (HRDG) for not conferring upon him the Shanti Swarup Bhatnagar Award for 1992, in spite of his name being announced by the media.

While Justice Dipankar Datta has sought explanations from CSIR and HRDG by March 17, the development has brought out contradictory reactions from the Centre and University of Calcutta, where Raut was a reader in the department of zoology. While counsel for the central government told the court that CU had not provided necessary details about the scientist, those for the university wanted the matter dismissed as it dated back nearly 18 years.

The award named after the founder-director of CSIR is given every year for outstanding contributions in the field of science and technology. Raut is a life member of the National Academy of Sciences, India, and has been recognised for his research worldwide.

The scientist's counsel, Supradip Roy, told the court that Raut's name was announced as a winner by the media, including All India Radio and television channels, in October 1992. But on December 6, Raut came to know that he was not being given the award. Since then, the scientist has taken up the matter with CSIR, ministry of human resource development and CU but his grievance was not addressed. Raut also brought the matter to the notice of MPs but they were of little help. Finally, he moved court, contending that it was a clear violation of Article 14 that ensures citizens equality before law.

Raut claimed in his petition that he was awarded the Ashutosh Mukherji Prize in zoology in 1984. From 1985 to 2005, Raut got several diplomas, fellowships, associateships and other awards from various institutions.

Roy told the court that he had been told by CU that all formalities had been completed on its part and it was CSIR that should explain why Raut was not given the award.

CSIR rules state that the university would have to nominate names and give all details in a certain format for a scientist to be awarded. After lawyers for the Centre contended that the university had not done so, those for CU submitted that the matter should be dismissed. 

Courtesy: Times of India

AUV's trial to be conducted again in Kerala

Thiruvananthapuram, Feb 25 (PTI) After the successful preliminary trial of the indigenously developed Autonomous Underwater Vehicle (AUV) in a Kerala reservoir, the Central Mechanical Engineering Research Institute is expected to carry out another round of experiment in the same lake this year.

A senior scientist in-charge of the project said the trial conducted in the Idukki Dam reservoir, one of the largest in the country, was a success.

"Another round of trials will be held in the same lake before trying it in the sea," the scientist told PTI from CMERI at Durgapur, a Research and Development Institute under the Council of Scientific and Industrial Research (CSIR).

"We chose Idukki reservoir in Kerala since it offers the required parameters for conducting the test", the scientist said, speaking on condition of anonymity.

HRD ministry mulling second shifts in universities

New Delhi, Feb 19 (PTI) The idea of starting second shifts in existing universities and colleges is doing the rounds in government circles.A roundtable on higher education, set up by HRD Ministry, today discussed about such a measure which is aimed at utilising fully the facilities that remain unused after the class hours.

The committee, chaired by HRD Minister Kapil Sibal, explored the possibilities whether facilities could be used for second shifts in the existing institutions.There are about 480 universities and nearly 20,000 colleges in the country. Facilities at majority of these institutions remain unutilised in the evening hour.

The round table also discussed about uniform accounting standards to be followed by educational institutions. The educational institutions are following different accounting standards at present.It discussed about freedom for faculty to go outside the system for development and enhancement.

The members of the round table include UGC Chairman Sukhadeo Thorat and CSIR Director General Samir Brahmachari.

Power of contempt must be exercised with caution: CAT

New Delhi, Feb 19 (PTI) The Central Administrative Tribunal has held that the power of contempt in judicial proceedings has to be exercised with "abundant caution".
"The power of contempt, which is essentially a local tool to secure respect and confidence in judicial proceedings, has to be exercised with abundant caution," the Tribunal bench comprising members Shanker Raju and Veena Chhotray said.
The CAT passed the observation on a plea of a doctor who had filed a contempt petition against MCD for allegedly not obeying the Tribunal's previous order directing it to regularise certain period of his service during which he remained absent as per the service rules.
The doctor R R Gautam had also challenged the charge sheet issued against him in 2009 which questioned the genuineness of the medical certificate produced by him.
"Every act cannot be a definite defile or wilful negligence of the court's order.

Payment of Interest on Savings Bank Account on Daily Product Basis

RBI/2009-10/322
DBOD. No. Dir. BC 77/13.03.00/2009-10

 February 19, 2010

All Scheduled Commercial Banks
(Excluding RRBs)
Dear Sir
Payment of Interest on Savings Bank Account on Daily Product Basis
Please refer to our circular DBOD. No. Dir. BC.128/13.03.00/2008-09 dated April 24, 2009 advising banks that in view of the present satisfactory level of computerisation in commercial bank branches, it is proposed that payment of interest on savings bank accounts by scheduled commercial banks would be made on a daily product basis with effect from April 1, 2010. Further, banks were advised that in order to ensure a smooth transition, they may work out the modalities in this regard.
2. We advise that payment of interest on savings bank accounts may be made by banks on a daily product basis with effect from  April 1, 2010.
Yours faithfully
(P. Vijaya Bhaskar)
Chief General Manager-in-Charge

CVC to join hands with NGOs to check corruption

New Delhi, Feb 19 (PTI) The Central Vigilance Commission has decided to involve non-government organisations (NGOs) to check corruption in government offices and departments.
"We are interacting with civil society organisations across the country and planning their roles and responsibilities to fight corruption," Chief Vigilance Commissioner Pratyush Sinha said.
These NGOs will be roped in to work in coordination with Chief Vigilance Officers of different organisations to get information about unfair practices, he told PTI.
The Commission has asked offices to use the latest software for accounts, manpower and logistics-related work.
The probity watchdog, CVC, is mandated to advise and guide central government agencies to draft and implement different measures to check corruption in government offices, departments and Public Sector Units (PSUs).

No arrogance while discharging duty, advises apex court

The Supreme Court has advised those in power to ensure that there should be no trace of arrogance and vanity while discharging their official duty.

A bench of Justice Dalveer Bhandari and Justice A.K. Patnaik gave this counsel to the Central Reserve Police Force (CRPF), while also rebuking it for dismissing one of its head constables Angad Das arbitrarily.

“People in power and authority should not easily lose equanimity, composure and appreciation for the problems of the lesser mortals. They are always expected to remember that power and authority must be judiciously exercised according to the laws and human compassion, said the bench Thursday.

“Arrogance and vanity have no place in discharge of their official functions and duties,” the bench said while restoring Das’s original punishment of compulsory retirement with all pensionary benefits and gratuity.

The CRPF June 14, 1996, imposed the punishment of compulsorily retirement on Das, serving in the 51 Battalion in Jammu and Kashmir, on the ground that he obtained the job using a false birth date certificate.

Following the order for his retirement, Das wrote a mercy plea to the authorities begging that he should not be retired and instead be awarded any other punishment. In his plea, he said that if he is forced to retire, his entire family including his five daughters, would be ruined and would be forced to begging. He also argued that his birth certificate was not false but was issued to him by the block development officer (BDO) and the panchayat authorities.

Irked by Das’s mercy plea, the CRPF authorities treated it as his appeal against his punishment of compulsory retirement entailing all retirement benefits like pension and gratuity etc and ordered his “removal from service”, depriving him from all terminal benefits.

Das appealed in the apex court. The apex court regretted the attitude of the authorities, saying: “The appellant had sent a very polite letter of request to the additional deputy inspector general of police praying that his request for re-employment be kindly considered because he has enormous responsibility of educating and marrying his five daughters. The prayer was made with folded hands and touching his feet. The letter reflected pinnacle of humility”.

The apex court said no provision of law permits the authorities to treat a letter of request for re-employment as an appeal.

“The DIG (Police) has no power or authority to enhance the sentence of the appellant. We fail to comprehend how such an innocuous and polite letter of request seeking re-employment on compassionate ground can ever receive such an unwarranted and arrogant reaction. The order is wholly arbitrary and illegal,” the apex court said.

CAT steps in to rescue AIIMS employees on pay scale

New Delhi, Feb 21 (PTI) The Central Administrative Tribunal has held that an employee of an autonomous organisation like AIIMS is entitled to similar pay and allowances akin to Central government servants.

"Applicants cannot be discriminated against despite being in autonomous organisation, where the government rules and instructions and the decision in pay and allowances would mutatis mutandis (the necessary changes) extend to him," the Tribunal, comprising Members Ramesh C Panda and Shanker Raju, said.

The CAT passed the order on a plea of Sudesh Kumar and others, working as private secretaries and personal assistants in AIIMS, seeking parity in terms of pay scale with Central government employees.

CVC gist of circulars issued during the year 2009

Intention of not returning loan is misconduct

New Delhi: The Central Administrative Tribunal (CAT) has refused the plea of a policeman to quash departmental actions of forfeiture of increments for not paying back the loans taken from a moneylender, saying it amounts to grave "misconduct" on his part.

"The charge against the policeman was that while taking the money from a moneylender..., he never had the intention to pay it back. This act by the delinquent was alleged to be amounting to a gross misconduct, carelessness and unbecoming of a member of the police force," the Tribunal, comprising Members Shanker Raju and Veena Chhotray, said.

The order was passed by declining the plea of Mukesh Kumar, a Delhi police constable, who had challenged the decision of the authorities making him liable for punishment of forfeiture of three increments on the ground of misconduct.

The tribunal referred the service rules, saying that the person shall maintain absolute integrity, devotion to duty and do nothing which is unbecoming of a government servant.

While rejecting the contention of the constable regarding the legitimacy of conducting dual proceedings against him, the tribunal said that there was no bar in conducting departmental proceedings against the delinquent official where he is also facing a criminal trial in court.

The CAT also rejected the allegations of arbitrariness on the part of the enquiry officer, saying that the authorities duly considered the pleas of self-defence by the delinquent.

Kumar was found guilty of misconduct in departmental proceedings, conducted after a case under section 138 (Cheque bounce due to insufficiency of funds) of the Negotiable Instruments Act was registered against him by the moneylender accusing him of taking money with the intention of not paying back to him.

No interference if selection process for UPSC is fair: CAT

New Delhi: If UPSC selection criteria for shortlisting candidates is processed in a fair, impartial and reasonable manner, no case for any interference is required, the Central Administrative Tribunal (CAT) has held.

"We find no basis to accept the contention regarding arbitrariness or discrimination against the applicants," the Tribunal, comprising Members Shanker Raju and Veena Chhotray, said while dismissing a petition. 

The applicants -- Atul Kumar Nasa and Ajay Sachan, approached the CAT after not being issued call letters for interview for the posts of Deputy Drugs Controller despite claiming to be fulfilling all eligibility conditions.

The tribunal rejected their contentions, disputing validity of shortlisting criteria of the UPSC.

"As per the settled law, even a selected candidate has no legally enforceable right," the CAT said.

It noted that preferential treatment would be meted out to those candidates by the Commission having higher qualifications after it was approved by the competent authority.

The tribunal consented with an earlier apex court decision, cited as a precedence, saying there is every presumption in form of the bonafide exercise of power by the administration unless the contrary is proved with a proof of a very high degree of credibility.

It refuted the allegations of arbitrariness in the selection process as the UPSC had followed the shortlisting criteria uniformly.

PTI

CAT clears air on promotion benefits

If an employee, fulfiling the eligibility criteria for promotion to a particular post, works for a reasonable period on that post against a vacancy,, the government cannot deny him/her the actual promotion and accompanying financial benefits, the Central Administrative Tribunal (CAT) has held.

A Central Administrative Tribunal (CAT) bench headed by Chairman Justice V.K. Bali held that in such a situation, it would be arbitrary to deny salary and other benefits of the promoted post to the employee.

The bench ordered the Delhi Government to re-fix the salary and retirement benefits of six retired school teachers, who had been given notional promotion to the post of principal, albeit without any accruing financial benefits.

Rejecting the Delhi Government’s arguments that all promotions had to be prospective and retired employees had no right to actual promotion, the CAT allowed the petition filed by Gaurishankar Sharma, Budh Prakash Tyagi, Raj Kumar Uppal, Prabhu Dayal, Jagdish Prasad Sharma and Chintamani Mathur.

It directed the Delhi Government to fix the correct salary of the petitioners, from the dates each of them had been promoted notionally to principal and to fix par arrears of salary for the period they were in service.

The CAT also ordered payment of revised retirement benefits, with six per cent interest on arrears within four months. The petitioners had served as heads of schools over several years.

But the Departmental Promotion Committee (DPC), held after their retirement, recommended only notional promotion for them and accordingly, the government did not give them any financial benefit of promotion.

Aggrieved  by  the  decision, they moved the CAT, seeking benefit of the pay scale  of principal, from the date they were assumed charge of the post, plus the arrears of pay and allowances after proper pay fixation, with retrospective  effect.  They also  demanded  revision  of  their retirement benefits.

The government contended the DPC could not be convened due to procedural reasons while they were in service and making them principals was only a stopgap arrangement. It said petitioners were not eligible for revision of retirement benefits and back wages because their promotion was only notional.

But citing the Supreme Court’s rulings on the issue, the CAT rejected these arguments.

“By virtue of the fact that the Applicants have actually worked on the post of principal, they would …be eligible for payment of back wages also, besides salary for the post of principal, from the date they have been notionally promoted to that post,” it said.

CAT comes down heavily on AG

THIRUVANANTHAPURAM: The Central Administrative Tribunal has criticised the decision of the Accountant- General for denying commuted leave to a woman employee who was about to retire.
Central Administrative Tribunal member K.George Joseph, in an order issued recently, also directed the AG’s office to regularise the leave of Elsy John, retired supervisor of the AG’s Office.
The Tribunal directed the AG’s Office to disburse the withheld leave encashment, gratuity and salary along with an interest of nine percent per annum from May 1, 2008, till the date of actual payment. The amount should be paid within 15 days of receipt of the copy of the order of the tribunal.
The tribunal also came down heavily on the then Accountant General (A&E) V.Raveendran for denying the leave.
‘’Under the guise of being lenient, the AG is ready to sanction any kind of leave other than commuted leave. There is no justification in denying leave to the applicant and on insisting that she should not take commuted leave. The refusal to sanction commuted leave to the applicant is against the leave rules and is unjust, mala fide and reeks of personal prejudice. It is illegal, inhuman and arbitrary,’’ the Tribunal opined.
‘’Commuted leave is to be granted on the strength of a medical certificate to a Government servant, if there is a reasonable prospect of his returning to duty on its expiry.
Leave cannot be denied at the whims of the sanctioning authority. If it is denied, it is sheer harassment,’’ the Tribunal said.
If the AG had any doubt about the genuineness of commuted leave asked for, he could have got a second opinion at least for the period of leave from May 6 for which the applicant had applied in advance,the Tribunal said.
‘’AG has failed to find any administrative exigency that can justify the denial of commuted leave to the applicant who was on the verge of retirement. The duties entrusted with her were also not so high and important that her absence could have an impact on the administration. She was only one among the many senior accountants in the office and had informed her superior about her intention to go on leave,’’ the Tribunal said.
Elsy John was denied commuted leave and her salary was withheld for the month of April, 2008, and for 11 days in May, 2008.
She was also denied leave encashment for 43 days at her credit.
Though she was designated as supervisor in the office of the AG by virtue of her elevation under accelerated promotion scheme, she was actually entrusted with the duties of one of the many senior accountants.
She had applied for commuted leave from April 1, 2008, for 32 days and again from May 6, 2008, for 11 days, as she could not attend duties owing to illness. The leave application for 32 days, along with medical certificate was submitted only on May 5, as she was bedridden. She later retired on May 31, 2008.

© Copyright 2008 ExpressBuzz

Date of joining is immaterial for pay fixation: CAT

New Delhi, Feb 11 (PTI) Candidates selected for posts in the Delhi government will be entitled to parity in pay scale fixation even if they join later than their colleagues, the Central Administrative Tribunal (CAT) has held.

Six applicants, selected as medical officers in 2002, approached the tribunal seeking parity in terms of fixing of pay scale, back wages and pension after they were denied these as they joined late due to some legal hurdles.

"The applicants would be eligible for appointment to the post of Medical Officer (Ayurvedic) from the date three other persons selected along with them were appointed," the tribunal, comprising Chairman V K Bali and Vice Chairman L K Joshi, said.

The CAT, however, held that they would not be entitled to back wages.

It also ordered the Delhi government to place them under the pension scheme of 1972.