RBE No. 35/2020: Lockdown – Exclusion of Period
No. E(G)2020/MISC/04, dated 27.04.2020
Sub: Exclusion of the lockdown period while adhering to the timelines in various administrative and quasi judicial processes.
Government of India’s decision not to count the period of lockdown for adhering to the timelines in various administrative and quasi judicial proceedings, as contained in DoP&T’ Office Memorandum F.No.11012/09/2018-Estt.A-III, dated 30.03.2020 is hereby circulated for strict compliance by Railways/ Production Units, in the context of the corresponding rules and subsidiary instructions, if any, as applicable on the Railways.
Government of India
Department of Personnel and Training
O.M. F.No.11012/09/2018-Estt.A-III, dated 30th March, 2020
OFFICE MEMORANDUM
Sub: Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972 – reg.
1. The undersigned is directed to refer to Central Civil Services (Classification Control & Appeal) Rules, 1965 [CCS (CCA) Rules, 1965] and Central Civil Services (Pension) Rules, 1972 [CCS (Pension) Rules, 1972] and the instructions issued under these Rules wherein timeline have been prescribed for various activities/ events/ procedures relating to procedures under the said Rules. For instance, in the said Rules/ instructions, time limits have been prescribed for the following:-
(i) Review of order of suspension before its expiry date [Rule 10(6) of CCS (CCA) Rules, 1965],
(ii) Submission of written statement of defence on the charge-sheet by the charged officer. [Sub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965],
(iii) Issuance of charge-sheet once a decision is taken by the disciplinary authority to initiate disciplinary proceedings. [DoP&T’s OM No.425/04/2012-AVD-IV(A), dated 29.11.2012],
(iv) Completion of enquiry and submission of report by the Inquiring Authority [Sub Rule (24) in Rule 14 of CCS (CCA) Rules, 1965],
(v) Disciplinary proceedings initiated against a Pensioner shall not be in respect of an event which took place four years before such initiation. [Rule 9 of CCS (Pension) Rules, 1972],
(vi) Acceptance of notice of VRS under Rule 48(A) of CCS (Pension) Rules, 1972]
(The list is only illustrative and not exhaustive)
2. Consequent upon the outbreak of COVID-19, and considering the unprecedented situation of the lockdown w.e.f. 24th March, 2020, it may not be feasible to adhere to the timelines prescribed in the said Rules and to the instructions issued under the Rules. It has accordingly been decided not to count the period of the lockdown for the purpose of adherence to the prescribed timelines, including those listed above. For example, if the due date for completing a process/ work/ event at the start of the lockdown falls after 20 days, then the date will get postponed by the number of lockdown days and the same number (20) of days will be available to complete the work after the lockdown is lifted.
3. However, after the lockdown is lifted, if the time left to complete the task is less than 15 days, then the process may be allowed to be completed within 15 days.
4. In addition, timelines may have been prescribed for receipt of applications for director recruitment, deputation, etc. Where the last date of receipt of application for direct recruitment, deputation, etc. falls within the period of the lockdown, the last date shall be extended by the number of days of the lockdown. Similarly, the time limit prescribed in the CCS (Conduct) Rules, 1964, for various purposes shall also be extended by the number of days of the lockdown.
5. These instructions are applicable only in such cases where there is an intervening lockdown period and it will not be applicable otherwise.
Download Railway Board Circular RBE No. 35/2020
Forward reference ⇒ RBE No.