PARLIAMENT OF 43

DEPARTMENT - RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

FORTY THIRD REPORT ON ACTION TAKEN REPLIES OF THE GOVERNMENT ON THE RECOMMENDATIONS/OBSERVATIONS CONTAINED IN THE 38TH REPORT OF THE COMMITTEE ON DEMANDS FOR GRANTS (2010-11) OF THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(PRESENTED TO THE RAJYA SABHA ON 29TH NOVEMBER, 2010) (LAID ON THE TABLE OF THE LOK SABHA ON 29TH NOVEMBER, 2010)

RAJYA SABHA SECRETARIAT NOVEMBER, 2010/AGRAHAYANA, 1932 (SAKA)

Website:http://rajyasabha.nic.in E-mail:[email protected]

CS (P & L) - 85 PARLIAMENT OF INDIA RAJYA SABHA

DEPARTMENT - RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

FORTY THIRD REPORT ON ACTION TAKEN REPLIES OF THE GOVERNMENT ON THE RECOMMENDATIONS/OBSERVATIONS CONTAINED IN THE 38TH REPORT OF THE COMMITTEE ON DEMANDS FOR GRANTS (2010-11) OF THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(PRESENTED TO THE RAJYA SABHA ON 29TH NOVEMBER, 2010) (LAID ON THE TABLE OF THE LOK SABHA ON 29TH NOVEMBER, 2010)

RAJYA SABHA SECRETARIAT NEW DELHI NOVEMBER, 2010/AGRAHAYANA, 1932 (SAKA)

CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE...... (i)-(ii)

2. INTRODUCTION ...... (iii)

3. REPORT

CHAPTER - I Recommendations/Observations which have been accepted by the Ministry 2-11 ......

CHAPTER - II Recommendations/Observations which the Committee does not desire to pursue in view of the replies given by the Ministry ...... 12-22

CHAPTER - III Recommendations/Observations in respect of which Committee has not accepted replies of the Ministry ...... 23-25

CHAPTER - IV Recommendations/Observations in respect of

which final Replies of the Ministry have not been received 26-39 ......

4. RELEVANT MINUTES OF THE MEETING OF THE COMMITTEE ...... 41-44

COMPOSITION OF THE COMMITTEE

1. Shrimati Jayanthi Natarajan –– Chairperson

RAJYA SABHA 2. Shri Shantaram Laxman Naik 3. Dr. Abhishek Manu Singhvi 4. Shri Balavant alias Bal Apte 5. Shri Ram Jethmalani 6. Shri Parimal Nathwani 7. Shri Amar Singh 8. Shri 9. Shri O. T. Lepcha 10. Shri M. Rajasekara Murthy

LOK SABHA 11. Shri N.S.V. Chitthan 12. Shrimati Deepa Dasmunsi 13. Shrimati Jyoti Dhurve 14. Shri D.B. Chandre Gowda 15. Dr. Monazir Hassan 16. Shri Arjun Munda 17. Shri Shailendra Kumar 18. Shrimati Chandresh Kumari 19. Shri 20. Dr. Kirodi Lal Meena 21. Ms. Meenakshi Natarajan 22. Shri Devji M. Patel 23. Shri Harin Pathak 24. Shri Lalu Prasad 25. Shri S. Semmalai 26. Shri Vijay Bahadur Singh 27. Dr. Prabha Kishor Taviad 28. Shri 29. Shri R. Thamaraiselvan 30. Adv. P.T. Thomas (Idukki) 31. Vacant

SECRETARIAT Shri Deepak Goyal, Joint Secretary Shri K.P. Singh, Director Shri K.N. Earendra Kumar, Joint Director Shrimati Niangkhannem Guite, Assistant Director Shrimati Catherine John L., Committee Officer

INTRODUCTION

I, the Chairperson of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, having been authorized by the Committee to present the Report on its behalf, do hereby present this Forty-third Report on Action Taken by Government on the recommendations/observations contained in the Thirty-eighth Report of the Committee on Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions.

2. The Thirty-eighth Report of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances and Pensions was presented to Rajya Sabha and laid on the Table of Lok Sabha on 29th April, 2010.

3. The Ministry of Personnel, Public Grievances and Pensions furnished the Action Taken Reply on the Thirty-eighth Report of the Committee on 29th July, 2010. The Committee considered the draft Report and adopted the same at its meeting held on 16th November, 2010.

4. For the facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report.

JAYANTHI NATARAJAN NEW DELHI; Chairperson, th 16 November, 2010 Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice.

REPORT

The Action Taken Report of the Committee deals with the action taken by the Ministry of Personnel, Public Grievances and Pensions on the recommendations/observations of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 38th Report on Demands for Grants (2010-11) of the Ministry. The Report was presented to Rajya Sabha and laid on the Table of Lok Sabha on the 29th April, 2010.

2. The Action taken replies have been received from the Ministry of Personnel, Public Grievances and Pensions in respect of the recommendations contained in the above mentioned Report vide their communication dated 20th July, 2010. These replies have been categorised as follows:

Chapter - I - The recommendations/observations which have been accepted by the Ministry in respect of paras 6.2, 7.2, 8.2, 9.2, 11.2, 12.2, 13.2, 14.2, 18.2, 19.2, 20.2, 21.2, 24.2, 25.2, 26.12, 26.17, 26.18, 27.17, 29.3, 32.2, 34.2, 35.2, 36.2, 37.2, 38.2, 39.2, 39.4, 39.6 and 44.2 of the report. The Committee is pleased to note that the Ministry has accepted these recommendations.

Chapter - II - The recommendations/observations which the Committee does not desire to pursue in view of the replies given by the Ministry in respect of paras 5.9.8, 5.10.1, 10.2, 16.2, 18.4, 18.6, 23.2, 26.2, 26.4, 26.6, 26.10, 26.14, 26.16, 29.2, 30.3, 31.2, 33.2, 41.2, 42.2, 42.3 and 43 of the report. The Committee is convinced with the explanations advanced by the Ministry and does not want to pursue them as of now.

Chapter - III - The recommendations/observations in respect of which Committee has not accepted replies given by the Ministry i.e., with regard to paras 27.4, 27.5, 27.6, 27.7 and 27.9 of the report. The Committee expresses its concern for not accepting the recommendations of the Committee dealt with in Chapter - III of this Report and desires that the Ministry should furnish logical explanations in respect of these recommendations.

Chapter - IV - The recommendations/observations in respect of which final replies of the Ministry have not been received i.e., with regard to paras 5.11.2, 5.11.3, 5.11.4, 15.2, 17.2.1, 17.2.2, 26.8, 27.11, 27.12, 27.13.1, 27.14.1, 27.15, 27.16, 27.19, 28.2, 30.1, 30.2, 32.4 and 32.6 of the report. The Committee observes that the Ministry has furnished evasive or interim replies in response to these recommendations. The Committee desires that the Ministry should furnish action taken notes in respect of the recommendations dealt with in Chapter - IV of this report.

3. The recommendations/observations of the Committee in its 38th Report, the ATRs furnished by the Ministry and the Committee's further recommendations/observations have been dealt with in the succeeding Chapters.

CHAPTER - I

RECOMMENDATIONS / OBSERVATIONS WHICH HAVE BEEN ACCEPTED BY THE MINISTRY

AMENDMENT TO THE ALL INDIA SERVICES (DISCIPLINE AND APPEAL) RULES, 1969

(To prevent arbitrary suspension of AIS officers and ensure finalization of disciplinary proceedings in a time bound manner)

Recommendation/observation

1. The Committee appreciates this initiative of the Ministry. It hopes that this would ensure that the members of the Service are not put to undue harassment as a result of prolonged suspension and that the officers can perform their duties without fear or favour. It feels that such a step would create a healthy working environment and boost the morale of the officers. (Para 6.2)

Action Taken Reply

1.1. The Committee's observation has been noted.

Committee's further observation

1.2. The Committee takes note of the reply.

IMPROVEMENT IN THE EXECUTIVE RECORD SHEETS

Recommendation/observation

2. The Committee takes note of the initiative and hopes that this would help in broadening the knowledge horizon of the officers and motivate them to engage in literary and research activities which can prove to be stress busters also. (Para 7.2)

Action Taken Reply

2.1 The Committee's observation has been noted.

Committee's further observation

2.2. The Committee takes note of the reply.

ONLINE VALIDATION OF APPLICATIONS FOR CENTRAL STAFFING SCHEME

Recommendation/observation

3. The Committee applauds such a step and hopes that this would quicken the existing process. (Para 8.2)

Action Taken Reply

3.1. The Committee's observation has been noted.

Committee's further observation

3.2. The Committee takes note of the reply.

IMPROVEMENT IN PROCEDURE FOR FOREIGN POSTINGS

Recommendation/observation 4. The Committee believes that such an initiative would ensure transparency and objectivity throughout the selection process. (Para 9.2)

Action Taken Reply

4.1. The Committee's observation has been noted.

Committee's further observation 4.2. The Committee takes note of the reply.

EXECUTIVE RECORD SHEETS OF CSS OFFICERS

(Maintenance of on the lines of IAS Officers)

Recommendation/observation

5. The Committee appreciates this initiative of the Ministry. (Para 11.2)

Action Taken Reply 5.1. The appreciation of the Committee is noted. A process to further fine tune the software according to the requirements for smooth cadre management of CSS is underway.

Committee's further observation

5.2. The Committee takes note of the reply.

LEADERSHIP AND STRATEGIC THINKING PROGRAMME

(A training programme for Joint Secretary and above level Officers)

Recommendation/observation

6. The Committee applauds this initiative of the Ministry. It hopes that this programme would build up capabilities for the higher level positions, which in turn would foster leadership and strategic thinking at all levels of the organization. (Para 12.2)

Action Taken Reply

6.1. First Training Programme has already been organized for the officers in the year 2010-11.

Committee's further observation

6.2. The Committee takes note of the reply.

ADMINISTRATIVE VIGILANCE

Recommendation/observation

7. The Committee appreciates this initiative. The Committee is of the view that a corruption free environment can be achieved by adopting surveillance, preventive and punitive measures. It feels that the Integrity Pact is one such measure. It hopes that this would reduce the distortionary effects of corruption in public contracts and ensure greater transparency in public procurement. [Para 13.2]

Action Taken Reply

7.1. The Central Vigilance Commission has been emphasizing/promoting transparency and fair play in the functioning of the Government organizations. Integrity Pact is an effort in this direction. The Commission has issued a directive to all organizations under its advisory jurisdiction to incorporate Integrity Pact as part of tendering process in all major procurements by them.

After issue of directives by the Commission, various Ministry/ Department/Organization of Government of India have approached the Commission for appointment of Independent External Monitors to ensure proper implementation of the Integrity Pact. The Commission has so far approved names for appointment of Independent External monitors in 53 various Ministries/Departments/Organizations.

Committee's further observation

7.2. The Committee takes note of the reply.

RECURITMENT RULES FORMULATION AND AMENDMENT MONITORING SYSTEM

Recommendation/observation

8. The Committee acknowledges the initiatives of the Ministry for computer based system for processing of online submission of proposals for RR formulation of amendments or relaxation and online forwarding of observations/views/responses by DoPT and Ministries/Departments. [Para 14.2]

Action Taken Reply

8.1. The training has been imparted to officials from 20 Ministries/Departments in the pilot phase, The full fledged scheme for electronic processing of framing/amendment of Recruitment Rules is likely to be launched in the current financial year (2010- 11).

Committee's further observation

8.2. The Committee takes note of the reply.

IMPLEMENTATION OF RTI ACT, 2005

Recommendation/observation

9. The Committee, in its 31st Report, had strongly recommended that an application under the RTI Act should not be rejected merely on non payment of Rs.10/-. The Committee is pleased to note that the DoPT has henceforth clarified that such an application should be considered sympathetically. [Para 18.2]

Action Taken Reply 9.1. The Department has noted the observations of the Committee.

Committee's further observation

9.2. The Committee takes note of the reply.

RTI PORTAL

Recommendation/observation

10. The Committee is pleased to note that new features have been added to the RTI portal. The Committee hopes that this Portal would prove to be a user friendly mechanism for the search and access of information by citizens round the clock and that this would encourage the public to participate in the movement towards transparency in governance. [Para 19.2]

Action Taken Reply 10.1. The Department has noted the observation of the Committee. The Government is committed to involve the public in creating transparency in the functioning of the Government.

Committee's further observation 10.2. The Committee takes note of the reply.

DISSEMINATION OF INFORMATION

Recommendation/observation

11. The Committee acknowledges the steps taken by the Ministry to improve standards of record keeping in all public authorities. The Committee appreciates the various tools employed by the Ministry to ensure that the information as mandated by the RTI Act is available in public domain, thereby fulfilling the obligation cast under the RTI Act, on all public authorities to disseminate information. [Para 20.2]

Action Taken Reply 11.1. The Department has noted the observation of the Committee and commits itself to fulfill the obligations cast on it under the RTI Act, 2005.

Committee's further observation

11.2. The Committee takes note of the reply. e-SERVICE BOOK

Recommendation/observation

12. The Committee appreciates this initiative of the Ministry and hopes that this step would help in better record management. [Para 21.2]

Action Taken Reply

12.1. The appreciative remarks given by the Committee have been noted.

Committee's further observation 12.2. The Committee takes note of the reply.

MODIFIED ASSURED CAREER PROGRESSION SCHEME

Recommendation/observation 13. The Committee applauds this scheme of the Ministry. It believes that this scheme would address financial stagnation. It hopes that this would have a positive impact on the morale of the employees. [Para 24.2]

Action Taken Reply

13.1. The observation of the Committee has been noted.

Committee's further observation 13.2. The Committee takes note of the reply.

ACC VACANCY MONITORING SYSTEM (AVMS)

Recommendation/observation 14. The Committee appreciates the upgradation made in the system. [Para 25.2]

Action Taken Reply

14.1 The appreciative remarks given by the Committee have been noted.

Committee's further observation

14.2. The Committee takes note of the reply.

UNION PUBLIC SERVICE COMMISSION

Recommendation/observation 15. The Committee appreciates the introduction of the Civil Services Aptitude Test (CSAT) in the Civil Services Examination, 2011. The Committee hopes that such an initiative would, to a very large extent, assess the aptitude and attitude of the candidates rather than test their memory skills, thereby ensuring that candidates who have the real urge and aspiration for the service of the public would enter the Civil Services fold. [para 26.12]

Action Taken Reply

15.1. UPSC has already been informed about the introduction of Civil Services Aptitude test in Civil Services (Preliminary) Examination and it would come into operation from CSE 2011.

Committee's further observation 15.2. The Committee takes note of the reply.

Recommendation/observation

16. The Committee appreciates the introduction of Interactive Voice Response System (IVRS) for facilitating the candidates. It would also like to commend UPSC for exempting female candidates from payment of examination fee. The Committee hopes that the UPSC will adopt such positive steps in future also. [Para 26.17]

Action Taken Reply

16.1. The observation of the Committee has been noted.

Committee's further observation

16.2. The Committee takes note of the reply.

Recommendation/observation

17. The Committee commends the working of UPSC with the highest standards of probity with respect to recruitment to public services and also appreciates its optimum utilization of funds in the last financial year. [Para 26.18]

Action Taken Reply

17.1. The observation of the Committee has been noted.

Committee's further observation

17.2. The Committee takes note of the reply.

CENTRAL BUREAU OF INVESTIGATION

Recommendation/observation

18. The Committee takes note of the sanctioning of 25 posts to deal with offences of fake currency, approval of 71 new exclusive CBI Courts at the trial level, restructuring of the organisation in 2009, filling up of 60 posts of prosecutors through contract and special drive to fill vacancies. It also takes into account the deposition of the Director, CBI that in order to get suitable candidates in the legal field, efforts have been made to induct persons right from the Law Schools. The Committee appreciates such steps and hopes that such initiatives would help in tackling the delay in disposal of cases and in enhancing the professional standards in CBI. [Para 27.17]

Action Taken Reply

18.1. The appreciative remarks given by the Committee have been noted.

Committee's further observation

18.2. The Committee takes note of the reply. The Committee, however, desires to be apprised of the outcome of these initiatives.

STAFF SELECTION COMMISSION

Recommendation/observation

19. The Committee appreciates the proposals submitted by SSC to the Government to restructure the examinations conducted by them with the assistance of a multidisciplinary Expert Group. It also commends the initiatives taken by SSC to reengineer some of their processes and to assess their requirements of information technology infrastructure. [Para 29.3]

Action Taken Reply

19.1. The Ministry extends its gratitude to the Committee for appreciating its, initiatives of restructuring. the examinations, its decision to exempt women candidates from payment of fees and for assessing requirements of information technology infrastructure.

Based on the recommendations of 2nd Administrative Reforms Committee and Expert Group, SSC had proposed revision of formats of all major examinations, viz, Combined Graduate Level Examination, 2010 Stenographers (Gr. 'C' & 'D') Examination, 2010 and Combined Higher Secondary Education, 2010 for LDC & Data Entry Operator to DOPT. Tier I of the Combined Graduate Level Examination, 2010 was conducted successfully on 16.5.2010.

Revised formats of Stenographers (Grade 'C' & Grade 'D') Examination and Combined Higher Secondary Examination has been approved and conduct of these examinations as per restructured formats has been scheduled in September and October, 2010 respectively. These steps will reduce the time taken for completing the recruitment cycle considerably.

Committee's further observation

19.2. The Committee takes note of the reply.

CENTRAL VIGILANCE COMMISSION

Recommendation/observation

20. The Committee appreciates this initiative made by CVC for online lodging of complaints and accessing status thereon also online. [Para 32.2]

Action Taken Reply

20.1. The complaints received in the CVC through E-mail are down loaded by the Commission and sent to the concerned section for appropriate action. Complaints which do not have the name and complete postal address are treated as pseudonymous and are dealt with as per the guidelines of complaint handling process. There is no self generated acknowledgment of complaints received through E-mail. Only those complaints which have been sent for investigation and report are acknowledged by the Commission and the status of such complaints is made available to the complainant through the Commission's website. The Commission accepts complaints only against specified categories of officers who are posted in the organization which are under the Commission's jurisdiction.

Committee's further observation

20.2. The Committee takes note of the reply.

COLLABORATION WITH STATE GOVERNMENTS

(Provide funding for attendant technical assistance in capacity building at institutional/individual level in public administration) Recommendation/observation 21. The Committee is pleased to note that DARPG has taken such a positive initiative and hopes that State Governments would extend full hearted co-operation in this regard. [Para 34.2] Action Taken Reply 21.1. The Department has received 68 proposals from various states. A total of 21 projects have been approved. These 21 projects are in various stages of implementation. Committee's further observation 21.2. The Committee takes note of the reply. IMPLEMENTATION OF QUALITY MANAGEMENT SYSTEM Recommendation/observation 22. The Committee takes note of the efforts made in this regard and hopes that this would ensure that the benefits of quality service delivery percolates down to the beneficiaries at the lower level also. [Para 35.2] Action Taken Reply 22.1. The observations of the Committee have been noted for compliance by the Department. Committee's further observation 22.2. The Committee takes note of the reply. MODELLING BEST PRACTICES (Good practices in the area of Administrative Reforms for all-round use of State Governments) Recommendation/observation 23. The Committee appreciates this initiative and hopes that such a model will motivate the State Governments to emulate good practices of governance. [Para 36.2] Action Taken Reply 23.1 The consulting agency had submitted the desired ' Working Models for Replication and Implementation Approach Papers' of three Model Best Practices to the satisfaction of the Department. These deliverables are ready for testing by willing States/UTs. Government of Himachal Pradesh has shown willingness to adopt/replicate the model of 'Jan Seva Kendra' and they are in the process of finalizing their formal proposal to this Department. Committee's further observation 23.2. The Committee takes note of the reply. INTERNATIONAL INNOVATION AWARDS Recommendation/observation 24. The Committee takes note of such motivating initiatives made by the Ministry. It hopes that this would lend a boost to innovation and creativity in all fields of life. [Para 37.2]

Action Taken Reply

24.1. The observation of the Committee have been noted by the Department.

Committee's further observation

24.2. The Committee takes note of the reply.

INDIA-BRAZIL-SOUTH AFRICA (IBSA) FORUM

Recommendation/observation

25. The Committee feels that such interactions with other countries would enable exchange of ideas and experience, resulting in furtherance of best practices in the field of administration. [Para 38.2]

Action Taken Reply

25.1 The observation of the Committee have been noted by the Department.

Committee's further observation

25.2. The Committee takes note of the reply.

IMPLEMENTATION OF THE CENTRALISED PUBLIC GRIEVANCE REDRESS AND MONITORING SOFTWARE PUBLIC SYSTEM

Recommendation/observation

26. The Committee appreciates the efforts made by the Department to assess and monitor the implementation of the CPGRAMS software and hopes that more features will be added to it to make it more user friendly. The Committee recommends that effective follow up action should be taken on the views/ideas which emerge during the quarterly meetings. [Para 39.2]

Action Taken Reply

26.1. The Department's Action Plan for Review in 2010-2011 includes monthly meetings of 4 to 7 Ministries/ Departments at a time to facilitate closer monitoring. One meeting was held in April 2010 in which five Ministries/Departments were invited. Two meetings for 7 Ministries/Departments each were scheduled in May 2010, while monthly meetings will be held in June, July, and August 2010. Simultaneously, training on the improved CPGRAMS version due to be installed shortly is also being held for personnel of the Ministries/Departments that are being called for Review Meetings.

Committee's further observation

26.2. The Committee takes note of the reply.

Recommendation/observation

27. The Committee is happy to note that the feedback mechanism in CPGRAMS would be made functional in 2010-11. It hopes that such an addition will help in gauging the citizen's satisfaction on the redressal of his/her grievances. [Para 39.4]

Action Taken Reply

27.1. The Department is thankful for the appreciation of the Committee and will apprise the Committee once the new CPGRAMS software is installed.

Committee's further observation

27.2. The Committee takes note of the reply.

Recommendation/observation

28. The Committee is pleased to note the initiative of the Department and is of the view that this initiative should be extended to other States also so that the benefit of this software is utilized by all sections of the public, irrespective of language barriers. [Para 39.6]

Action Taken Reply

28.1. CPGRAMS software can be customized for other States only if the States/UTs are willing to adopt the software. In response to the Department's offer to facilitate installation of CPGRAMS in all States/UTs on the basis of recommendations as contained in the 12th Report of the Second Administrative Reforms Commission, so far a confirmation for installation of CPGRAMS with Hindi interface has been received only from the Administration of Andaman and Nicobar Islands. The Government of Mizoram has responded by identifying the pilot department but their final confirmation is yet to be received. Government of Orissa has also asked the Department to install the software. In addition, a meeting of State PG Officers has been called in DARPG, New Delhi.

Committee's further observation

28.2. The Committee takes note of the reply.

DEPARTMENT OF PENSION AND PENSIONERS' WELFARE

(PENSIONER'S PORTAL)

Recommendation/observation

29. The Committee appreciates this initiative and hopes that the report will be submitted at the earliest and that its recommendations will be implemented without delay. [Para 44.2]

Action Taken Reply

29.1. The observations of the Committee are noted for compliance in future.

Committee's further observation

29.2. The Committee takes note of the reply.

CHAPTER - II

RECOMMENDATIONS/OBSERVATIONS WHICH THE COMMITTEE DOES NOT DESIRE TO PURSUE IN VIEW OF THE REPLIES GIVEN BY THE MINISTRY

Recommendation/observation

1. The Committee takes serious note of such delays. It feels that non implementation of schemes, especially the Plan schemes, on account of laches, inspite of availability of funds, points out to lack of proper planning while piloting schemes. The Committee is of the view that while framing proposals, serious and proper thought should be given to the implementation aspects also, so that the allocated funds are utilized optimally and the objectives of the Plans / Schemes / Initiatives are achieved. The Committee recommends that the causative factors of the delay should be identified and urgent steps should be taken to ensure that such delays are avoided in future. [Para 5.9.8]

Action Taken Reply

1.1. As far as the Plan scheme of 'Pensioner's Portal' is concerned, the efforts of the department are to utilize the allocations optimally and to ensure that the objectives of the Scheme are achieved in the right earnest. There were savings in 2009-10 under the scheme which was mainly because grant-in-aid could not be released to the Pensioners' Associations for want of Utilization Certificates and non-filling up of certain posts under the Plan Scheme. Utilization Certificates are being expedited so that Pensioners' Associations could be given further grants.

The Central Vigilance Commission had to surrender funds to the tune of Rs. 1.18 crores under the Plan Scheme for the FY 2009-2010. This was necessitated due to some extenuating circumstances.

An amount of Rs. 2 crores in the FY 2009-10 was allotted under the plan Scheme "IT Enabling Core CVC processes" to the CVC. CVC called for Open tenders for complete workflow automation and Data Center, Disaster Recovery site development. The open tenders were finalized in favour of M/s TCS on 2.2.2010 and the company had agreed to complete the first phase of the project by physically supplying hardware, servers for Data Center and other networking equipments by 30.3.2010. However, they could not do so before 31.3.2010 and managed to do so only by 10.4.2010. As such, the Commission had to surrender an amount of Rs. 1.18 crores as fait accompli, although it had made all out efforts to receive the material and then utilize the budget funds by 30.3.2010.

The overall project is, however, on schedule and all subsequent targets of payments, physical receipts after 31.3.2010 have been met in the Plan Scheme and funds allotted for 2010-2011 will be fully utilized as per plan and agreement.

As far as CBI is concerned, as a result of consistent monitoring of expenditure on Plan Schemes, the utilization has improved considerably in 2009-10.

(Rs. in crore) Scheme BE 2009-10 RE 2009-10 Actual 2009-10 Modernization of Training Centres 1 1 0.99* E-Govemance 3 3 2.87# Construction of CBI HO Building 38 54.10 55.10 Purchase of land for CBI Buildings 91.84 91.84 91.84

* As per CBI, Rs 0.9913 crore has been utilised and was not reflected correctly in the records of the Pay & Accounts Office. # In total, an amount of Rs.0.13 crore could not be utilized –– Rs. 0.10 crore due to non-execution of authorization issued in favour of NIC toward consultation fee in connection with Comprehensive Modernisation Scheme of CBI. Rs. .03 crore due to fluctuation between rates in the proposal and cost at which the items were actually purchased during the year. As regards the savings/lapse of funds under the Professional Services and Publication Heads of the Staff Selection Commission, SSC had given reasons for this saving while surrendering the funds. The general recommendation of the Committee to identify causative factors of the delay ill implementation of Plan Schemes and to take urgent steps to ensure that such delays are avoided in future has been noted for implementation. The paragraph has reference to the funds utilization by IIPA, LBSNAA, ISTM and setting up of National Centre for Good Governance. In so far as IIPA is concerned, total grant of Rs. 100 lakhs for implementation of Plan programmes / schemes was released to IIPA in full. An amount of Rs. 200 lakhs for utilization for Plan programmes / schemes has been released to IIPA during the year 2010-11. LBSNAA has informed that in 2009-10 the plan funds were utilized fully expect for setting up of National Centre for Good Governance as it was at the stage of being set up. As per information received from ISTM, it has been informed that essence of the advice given by the Committee has been taken note of by the Institute for strict compliance. All efforts are being made to ensure that funds allocated the year 2010-11 are utilized in full. Committee's further observation 1.2. The Committee takes note of the reply. Recommendation/observation 2. The Committee observes that since handsome amount of funds are allocated for engaging consultants for various studies, high degree of accountability should be fixed regarding utilization of funds and meeting the target. The Committee desires the Ministry that while selecting consultants, thorough appraisal of their credentials and accolades should be made. The Committee also desires that in case the consultants fail to deliver the desired results within the prescribed time limit, punitive action such as blacklisting should be taken. [para 5.10.1].

Action Taken Reply

DOPT

2.1. The Central Vigilance Commission has been engaging consultants sparingly and only related to matters of significant importance to the objectives of the Commission. While engaging consultants, the Commission exercises great care in assessing the suitability of the candidates by an in-depth appraisal of their credentials, past experience and expertise in the subject matter. The performance of consultants engaged by the Commission is monitored periodically to ensure that the set targets are met. There has been no occasion in the past where the consultants engaged by the Commission had failed to complete their assignments to the satisfaction of the Commission and had to be blacklisted.

AR& PG

The observations of the Parliamentary Committee have been noted and sufficient precaution will be taken in future while selecting consultancy agency for such assignments.

The consulting agency had submitted the desired 'Working Models for Replication and Implementation Approach Papers' of three Model Best Practices to the satisfaction of the Department. These deliverables are ready for testing by willing States/ UTs.

Committee's further observation

2.2. The Committee takes note of the reply.

SECOND CADRE RESTRUCTURING OF CSS

Recommendation/observation

3. The Committee desires that the recommendations made by the Cadre Restructuring Committee should be implemented at the earliest. It hopes that this initiative will help in tackling stagnation prevailing in the CSS cadre, to a large extent and improve the career prospects of the CSS personnel. [Para 10.2]

Action Taken Reply

3.1. A Cabinet Note prepared on the basis of recommendations of the Second Cadre Restructuring Committee on CSS, has been approved by the Cabinet.

Committee's further observation

3.2. The Committee takes note of the reply. The Committee desires that the recommendations should be implemented at the earliest.

CADRE STRENGTH OF IAS

Recommendation/observation

4. The Committee takes serious note of the vacancies prevailing in the IAS cadre. It recommends that proactive steps should be taken to fill up the vacancies. It hopes that the abovementioned step taken by the Department of Personnel and Training to expedite the entire process of selection and appointment into IAS would help in reducing the delay in filling up vacancies. [Para 16.2]

Action Taken Reply

4.1. In accordance with the decision taken, a meeting was held under the Chairmanship of Secretary (P) with Principal Secretaries of all State cadre / UT cadres was held on 23.3.2010 to speed up the process of determination of vacancies in IAS for the year 2010 for promotion from SCS / Non-SCS to IAS. With consistent efforts, it was possible for this Department to determine the vacancies in IAS for promotion quota in all cadres except Bihar and U.P. which could not be done due to pending litigation. In case of U.P., vacancies have also been determined on 1st June, 2010. It is hoped institutionalization of such a system on year to year basis will accelerate the process of selection of appointment on promotion for SCS/Non-SCS to IAS.

Committee's further observation

4.2. The Committee takes note of the reply.

IMPLEMENTATION OF RTI ACT, 2005

Recommendation/observation

5. The Committee acknowledges this initiative. It takes note of the findings of the Report. It desires that steps should be taken to give maximum publicity about the RTI Act at the grass root level and in regional and local languages. [Para 18.4]

Action Taken Reply

5.1. The Government has launched RTI awareness generation campaigns from time to time through television and radio. Rural areas have been reached by display of RTI posters, also in regional languages, in post offices located in rural areas. State Administrative Training Institutes have been given financial assistance for organizing training and publicity. Many of them have developed publicity material in local languages. Government has published five guides on the Right to Inforation Act. An RTI on-line training course for various stakeholders has been launched in English language. It is proposed to launch it in Hindi language also.

Committee's further observation

5.2. The Committee takes note of the reply.

Recommendation/observation

6. The Committee is pleased to note that funds allocated under this head has been enhanced even though it was reduced at the RE stage in 2009-10. The Committee desires the Ministry to ensure that the allocated funds for 2010-11 are utilized fully, especially in the current scenario, wherein the common man has demonstrated a great deal of interest in this historic piece of legislation. The Committee recommends that the Ministry should give top priority to enlightening the public about the objective and provisions of the RTI Act. [Para 18.6]

Action Taken Reply

6.1. The Department has noted the recommendation for enhancing efforts towards generation of awareness about the objectives and provisions of the Act.

Committee's further observation 6.2. The Committee takes note of the reply. INTER-ACTIVE SESSIONS WITH CADRE CONTROLLING AUTHORITIES Recommendation/observation 7. The Committee appreciates this initiative of the Ministry and believes that such interactive sessions would help in resolving pending matters pertaining to the three Central Secretariat Services. It recommends that such interactive sessions should invariably be held on an yearly basis. [Para 23.2] Action Taken Reply 7.1. The appreciation of the Committee for this initiative is noted. CS Division, as cadre controlling authority for CSS/CSSS/CSCS, is reaching out to the stakeholder cadre units with a view to streamline the cadre management of these services. Accordingly, in line with the Committee's recommendation, the CS Division is holding inter-active sessions, in batches, with representatives of all Ministries / Departments to sort out the difficulties being faced by them and at the same time to sensitize them about the need for according priority to information sought by CS Division. So far, 3 sessions have been conducted during the period April-May, 2010, covering 36 Ministries / Departments. The remaining Ministries / Departments are also proposed to be covered by August, 2010. Committee's further observation 7.2. The Committee takes note of the reply. UNION PUBLIC SERVICE COMMISSION Recommendation/observation 8. The Committee, in its 19th Report, had observed that organisations such as the National Archives of India are headless for years together due to apathy of UPSC. The Committee hopes that the step taken to exempt the abovementioned, posts from the purview of UPSC would reduce the delay in filling up these posts and persons who are expert in the field may take over as the heads of these organizations. [Para 26.2] Action Taken Reply 8.1. Department of Personnel & Training has issued Notification for exempting the listed posts from the purview of UPSC, as requested by the concerned Ministries. It is for the respective Ministries to ensure that the posts are filled up without delay by qualified persons. Committee's further observation 8.2. The Committee desires that the Ministry should keep track of the follow up action done by other Ministries and apprise the Committee of the same. ALLOCATION TO UPSC Recommendation/observation 9. The Committee takes note of this submission and desires that this aspect should be given due consideration at the RE stage. The Committee is of the view that budgetary constraints should not adversely affect the efficient functioning of UPSC. [Para 26.4]

Action Taken Reply

9.1. The observations of the Committee are in response to the submissions made by Secretary, UPSC during the meeting with regard to the increase in number of candidates appearing for Civil Services Examination and other examinations, conducted by the Commission, and therefore, the need for increased allocation to UPSC.

The observations of the Committee will be kept in view while preparing the Revised Budget Estimates for the year 2010- 11.

Committee's further observation

9.2. The Committee takes note of the reply.

POST OF MEMBER SECRETARY IN UPSC

Recommendation/observation

10. The Committee desires the Ministry to fill up the existing vacancy within a reasonable time and also desires that the Ministry should ensure that such delays in filling up vacancies do not occur. [Para 26.6]

Action Taken Reply

10.1. The vacancy of Member which Committee has referred to has already been filled up. One vacancy of Member has arisen in May, 2010 for which action is being initiated to fill it up.

Committee's further observation

10.2. The Committee desires to be apprised of the action taken in this regard.

Recommendation/observation

11. The Committee appreciates this initiative and hopes that this would address the concerns of the State Civil Service officers that proper avenues are not available for their career progression. [Para 26.10]

Action Taken Reply

11.1. As per calendar circulated by UPSC this Department has already determined the vacancies for all cadres before 31.3.2010 except in case of Bihar & U.P. where there is pending litigation. In case of U.P. vacancies have been determined on 1st June, 2010.

Committee's further observation

11.2. The Committee takes note of the reply. The Committee impress upon the Ministry to take up with the respective State Governments to ensure that model calendar is adhered to. The Committee is very keen to know the progress on the issue of promotion of officers from State Civil Services and a status report be sent to the Committee.

Recommendation/observation

12. The Committee, while appreciating the introduction of online submission of applications, would also like to urge that it should be ensured that the facility is user friendly to all candidates, irrespective of whether they belong to the rural or urban areas. [Para 26.14]

Action Taken Reply 12.1. It has been the endeavour of the Commission to make its processes more and more user friendly. However, the observations have been noted.

Committee's further observation

12.2. The Committee takes note of the reply.

Recommendation/observation

13. The Committee desires that the Ministry should address this concern of the Committee. [Para 26.16]

Action Taken Reply

13.1. Hon'ble Supreme Court in the matter of UOI Vs Ramesh Ram & Ors. In SLP No.13571-72 of 2008 had decided the case and held as follows:-

"50. We sum up our answers:-

(i) MRC candidates who avail the benefit of Rule 16(2) and adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservation quotas. The seats vacated by MRC candidates in the General Pool will be offered to General category candidates.

(ii) By operation of rule 16 (2), the reserved status of an MRC candidate is protected so that his / her better performance does not deny him of the chance to be allotted to a more preferred service.

(iii) The amended Rule 16 (2) only seeks to recognize the inter se merit between two classes of candidates i.e. a) meritorious reserved category candidates b) relatively lower ranked reserved category candidates, for the purpose of allocation to the various Civil services with due regard for the preferences indicated by them.

(iv) The reserved category candidates belonging to OBC, SC/ST categories who are selected on merit and placed in the list of General/unreserved category, candidates can choose to migrate to the respective reserved category at the time of allocation of services. Such migration as envisaged by rule 16 (2) is not inconsistent with rule 16(1) or Articles 14, 16 (40 and 335 of the Constitution).

51. In view of the above, the civil appeals are allowed and the judgement of the Madras High Court is set aside. The writ petitions challenging the validity of Rule 16 (2) are dismissed. The validity of Rule 16 of Civil Service Examination rules 2005 (vide notification dated 4.12.2004 is upheld. There will be no order as to costs".

This Department is taking action accordingly.

The UPSC follows the rules made by the Government which are prescribed after keeping in view the interests of the candidates belonging to the reserved categories.

Committee's further observation 13.2. The Committee takes note of the reply.

STAFF SELECTION COMMISSION

Recommendation/observation 14. The Committee is pleased to note the initiative and feels that such a step would turn out to be time saving. The Committee desires that proper steps should be taken to ensure that this facility is user friendly so that candidates can be benefitted by this, irrespective of whether they belong to rural or urban area. The Committee also appreciates the decision taken by SSC to exempt women candidates from payment of examination fees. [para 29.2]

Action Taken Reply

14.1. The Ministry expresses its gratefulness to. the Cammittee far appreciating the steps taken by the Staff Selection Commission in this direction. To take care af the interests of candidates from rural and remote areas, who may not have access to internet facilities; Commission continues to. provide the facility of paper application along with on-line application. To make on-line payment of fee more user friendly, Commission has proposed use af Debit/Credit Cards. Approval is awaited from the Controller General af Accounts.

Committee's further observation

14.2. The Committee takes note of the reply.

LAL BAHADUR SHASTRI NATIONAL ACADEMY OF ADMINISTRATION

Recommendation/observation

15. The Committee also takes note of the submission made by the Director, LBSNAA before the Committee that more funds should be allocated to meet the office expenses. The Committee desires that the Ministry should give due consideration to this demand at the RE stage. [Para 30.3]

Action Taken Reply

15.1. The recommendations of the Committee regarding allocations of funds to various attached offices af the Ministry in Nan- Plan side at RE stage has been communicated to Ministry af Finance vide D.O. letter No. H.11013/5/2010-Budget dated 24th May, 2010/. The attached offices of the Ministry are being directed to prepare full justification for additional requirement of funds on non-plan side, keeping in view of the economy instructions of the Government. Justified demands for additional funds would be submitted to Ministry of Finance at RE stage.

Committee's further observation 15.2. The Committee takes note of the reply.

KENDRIYA BHANDAR

Recommendation/observation

16. The Committee urges the Ministry to appreciate the fact that Kendriya Bhandar is a welfare project aimed for the benefit of Central Government employees, their families and other customers. The Committee, in its 30th Report on 'Constraints being faced by Kendriya Bhandar', had recommended for favourable consideration the request made by Kendriya Bhandar not to evict their stores from Government accommodation. The Committee reiterates its earlier recommendation and suggests that rent may be charged from their stores on the lines of post offices. [para 31.2]

Action Taken Reply

16.1. The Cabinet Secretriat had directed that the accommodation issue of Kendriya Bhandar may first be discussed by the Secretary, Department of Personnel & Training with the Secretary, Ministry of Urban Development. Further, in case it remain unresolved, it may be considered in a meeting of Committee of Secretaries. As per the direction of Cabinet Secretariat, a meeting was held on 09.12.2009 between Secretary (Urban Development) and Secretary (DoPT) when M.D. Kendriya Bhandarwas also present. As per the decision taken in the meeting, Kendriya Bhandar is required to pay the market rent for the Government accommodation retained by them. The Ministry of Urban Development has pointed out that market rent as fixed by the Directorate of Estates is 5 to 6 times lower than the actual market rent. Further, Kendriya Bhandar will identify suitable lands in the Government colonies so that the same could be permitted for constructing and setting up their outlets on the lines of Mother Dairy outlets. Kendriya Bhandar will vacate the existing accommodations as soon as lands are identified and appropriate structures are constructed within a fixed time schedule.

Committee's further observation

16.2. The Committee has made specific recommendations in this regard in its 42nd Report on Action Taken Replies of the Government on the recommendations/observations contained in the 3dlt Report of the Committee on "Constraints Being Faced By Kendriya Bhandar".

CENTRAL INFORMATION COMMISSION

Recommendation/observation

17. The Committee acknowledges this initiative. It, however, expresses its concern that for the year 2008-09, though the BE for construction of Head Office building of CIC/ purchase of Office building for CIC was Rs.5 crore, which was revised at the RE stage to Rs.0.10 crore, the amount utilized was nil. The Committee recommends that such non- utilization of funds should be avoided in future. [para 33.2]

Action Taken Reply

17.1. The observation of the Committee has been noted for future compliance.

Committee's further observation

17.2. The Committee takes note of the reply.

IMPLEMENTATION OF THE CPGRAM SOFTWARE

Recommendation/observation

18. The Committee desires that innovative proposals should be conceptualized and that necessary funds should be allocated under this Head. [Para 41.2]

Action Taken Reply

18.1. The recommendations of the Parliamentary Standing Committee have been noted and this Department is consulting National Institute of Design (NID), Ahmedabad for developing model work stations under the scheme of modernization. Funds to the tune of Rs. 8.83 crare have been allocated for the Modernization Programme during the year 2010-11.

Committee's further observation

18.2. The Committee takes note of the reply.

SEVOTTAM

Recommendation/observation

19. The Committee is pleased to note that the Department of Posts has successfully completed its certification for pilot outlet in GPO. [Para 42.2]

19.1. The Committee is of the view that the Department of Administrative Reforms And Public Grievances should take proactive steps to persuade other Ministries / Departments which have not yet implemented Sevottam to choose the Sevottam framework for public service delivery. [Para 42.3]

Action Taken Reply

19.2. The Department will make all efforts to implement this recommendation of the Committee.

Committee's further observation

19.3. The Committee takes note of the assurance given by the Ministry.

Recommendation/observation

20. The Committee, during its deliberations on Demands for Grants (2010-11), strongly opined that a statutory backing should be given to the public grievances redressal mechanism since policy guidelines issued by DARPG lack enforceability. In fact, it was one of the recommendations made by this Committee in its 29th Report on "Public Grievances Redressal Mechanism" . The Committee recommends that this matter should be looked into and that feasibility of such a statute should be explored. [para 43] Action Taken Reply

20.1. This recommendation of the Committee has been under consideration of the Department of Administrative Reforms and Public Grievances since it was first made in the Committee's 19th Report on Demand for Grants (2007-08) and repeated in its 25th Report (October 2008) and the 31st Report (December 2008)

In this process of looking into the feasibility of enacting a statute on public grievances, the following activities have been undertaken and have been communicated to the Committee in replies to the aforesaid Reports:

(i) Concept Note was prepared for advice of Ministry of Law and Justice on the constitutional validity of the proposed law. The Ministry's response was that a policy decision on the enactment of the Law be first taken before its constitutional validity could be considered.

(ii) On 30th October 2008 a meeting was held under the Chairmanship of Secretary (AR & Pensions) to examine in detail the implications and feasibility of the recommendation of the Committee. The feasibility of assimilating certain aspects of the PGRM in to the RTI Act or linking certain selected aspects of PGRM to the RTI process was also considered, but not found to be workable. The conclusions reached in the meeting were conveyed to the Chairman of the Committee as per Secretary's D.O. letter of 4th November 2008.

(iii) The recommendations of the Second Administrative Reforms Commission in its 12th Report entitled 'Citizen Centric Reforms - The Heart of Governance' on the matter of a law on public grievances was considered by the Group of Ministers (GOM). The recommendation in paragraph 7.9.3.3 that relates to strengthening of the PGRM System at the centre and the States / UTs has been accepted for Implementation and has been communicated to all Central Ministries / Departments and State Governments / UT Administrations on 22nd June 2009.

(iv) After consideration of all aspects of enacting a statute on PGRM the Department reached the view that enactment of a law on public grievances on lines of the RTI Act 2005 would invariably involve creation of a Central Public Grievance Authority or the institution of an Ombudsman. The issue of creating a Central Grievance Commission on line of Delhi Public Grievance Commission was considered in detail and the proposal was not found to be feasible. Currently, the grievances are redressed in a decentralized manner by the Ministries / Departments concerned as work in Central Government is distributed as per Allocation of Business Rules 1961. In addition, it would also increase public expenditure in times when government policy is for reducing unproductive administrative expenditure.

(v) In view of the foregoing and the fact that the ongoing implementation of the various recommendations contained in the 12th Report of the Second ARC, are expected to bring about systemic reforms and capacity building of Government organizations, and strengthen the PGRM System of the Government of India to reduce public grievances, the Department took a policy decision of not enacting a Law on Public Grievances as recommended by the Committee in its 19th, 25th, and 31st Reports on Demand for Grants, with the approval of the Minister.

The aforesaid action taken by the Department on the recommendation of the Parliamentary Standing Committee on giving statutory status to the public grievance redress mechanism in Government of India has been considered in depth and a policy decision that it is not feasible to have a statute on public grievance has been taken, The policy decision has been communicated to the Committee in the replies to the Reports as well as through the six monthly statements made by the Minister in Parliament.

Committee's further observation

20.2. The Committee takes note of the reply.

CHAPTER - III

RECOMMENDATIONS / OBSERVATIONS IN RESPECT OF WHICH COMMITTEE HAS NOT ACCEPTED REPLIES OF THE MINISTRY

CENTRAL BUREAU OF INVESTIGATION

Recommendation/observation

1. The Committee is not satisfied with the written reply furnished by the Ministry. The Committee is in agreement with the view of Director CBI and impress upon the Ministry to have a fresh look and come out with a separate Act for CBI. [Para 27.4]

Action Taken Reply

1.1. A separate and exclusive legislation for CBI is in existence namely the Delhi Special Police Establishment (DSPE) Act, 1946 as amended by CVC Act, 2003. However, CBI has recently sent a proposal for a Draft CBI Act, 2010 which is being examined.

Recommendation/observation

2. The Committee fails to understand how this premier investigation agency can be expected to function efficiently and impartially in the absence of an effective statutory backing. The Ministry should appreciate that the DSPE Act which was enacted in 1946 is not sufficient to cater to the requirements of the organisation whose mandate and responsibility have increased manifold during the years. [Para 27.5]

Action Taken Reply

2.1. The DSPE Act, 1946 confers concurrent jurisdiction for investigation in the Union Territories, of offences notified under Section 3 of the DSPE Act. No such powers are however available to the CBI in respect of offences committed in the States, as the Central Government cannot extend the jurisdiction of the members of the police force belonging to any State to any area outside that State without the consent of the Government of the State within which the said area is located. This mechanism viz. the CBI's functioning under the DSPE Act has allowed CBI to maintain its reputation of a premier investigating agency of the country functioning with credibility and impartiality.

Recommendation/observation

3. The Committee strongly feels that in the current scenario, wherein crimes pervade state, national and international boundaries, CBI which was established by a resolution dated April 1, 1963 and which draws powers to investigate from the DSPE Act, with the existing legal framework, cannot be expected to fulfill the high expectations placed on it by the entire political, judicial and social spectra. [Para 27.6]

Action Taken Reply

3.1. Under this system, the autonomy of the State Government is respected and at the same time their cooperation is available to CBI.

Recommendation/observation

4. The Committee is of the firm view that such an Act of Parliament is sine qua non to the functioning of CBI as an independent and accountable agency which specializes in prevention, investigation and prosecution of crime. The Committee is of the considered view that apposite legal empowerment of CBI, in tune with the corresponding Entries in the Union List, State List and Concurrent List, is in public interest. [Para 27.7]

Action Taken Reply

4.1. The issue of enactment of a separate legislation for CBI is being examined. However, this is associated with the fact that India's Constitution provides for a federal structure and the subjects on which the Central Government and State Governments can legislate have been specified by three lists in the 7th Schedule of the Constitution - the Union List, State List and the Concurrent List. "Police" and "Law and Order" are subjects under the State List.

Recommendation/observation

5. The Committee recommends that this proposal should be considered at the earliest and quick action should be taken on the same. [Para 27.9]

Action Taken Reply

5.1. The recommendation of the Committee has been taken note of.

Committee's further observation

6. The Committee takes note of the replies furnished by the Ministry to the recommendations of the Committee made in para nos. 27.4, 27.5, 27.6, 27.7 and 27.9 of the 38th Report. The Committee, in its various Reports on Demands for Grants of the Ministry of Personnel, Public Grievances and Pensions, its 24th Report on "Working of Central Bureau of Investigation" and its 37 Report on the Action Taken Replies of the Government on the recommendations/observations contained in the 24h Report on "Working of Central Bureau of Investigation (CBI)", categorically recommended that it is high time the DSPE Act, 1946 is replaced with an exclusive and separate Act for CBI Moreover the deposition of the Director, CBI before the Committee during his presentation before the Committee on Demands for Grants (2010-11) of his organization, was on the same lines. The Committee could also gather that CBI has sent a proposal regarding independent legislation, to Department of Personnel and Training.

6.1. The Committee reiterates its considered view that the DSPE Act which was enacted in 1946 is not adequate to meet the requirements of the premier investigating agency in India, which over the period of more than six decades after the DSPE Act, has undergone dynamic evolution and whose mandate and quantum of work entrusted, have multiplied vigorously. The Committee strongly feels that it is illogical that CBI, which is presently investigating hi-tech and complex cases in tune with the requirements of the modern era, is supported by an archaic statute such as DSPE Act.

6.2. The Committee is of the firm view that the Ministry should give the proposal received from CBI regarding independent legislation, urgent and active consideration on a time bound basis. The Committee, further, impresses upon the Ministry to furnish the steps taken in this regard in their ATN.

CHAPTER - IV

RECOMMENDATIONS/ OBSERVATIONS IN RESPECT OF WHICH FINAL REPLIES OF THE MINISTRY HAVE NOT BEEN RECEIVED

DEPARTMENT OF PENSION AND PENSIONERS' WELFARE

Recommendation/observation

1. The Committee strongly feels that shortage of funds should not hamper the optimum utilization of manpower and the efficient functioning of the Departments/ Organisations. The Committee desires that the Ministry of Personnel should convince the Ministry of Finance regarding its non-Plan budgetary requirements and place before them how any reduction would adversely affect its activities/initiatives/ schemes, on short-term and long-term basis. [Para 5.11.2]

1.2. The Committee takes cognizance of the submissions made by the Secretary, UPSC; Director, CBI and Director, LBSNAA and desires that more funds should be allocated on the non-Plan side, especially to meet administrative and office expenses. [Para 5.11.3]

1.3. The Committee desires the Ministry to give due consideration to such demands of Union Public Services Commission (UPSC) and Lal Bahadur Shastri National Administrative Academy (LBSNAA) at the RE stage. [Para 5.11.4]

Action Taken Reply

1.4. The recommendations of the Committee regarding allocations of funds to various attached offices of the Ministry in Non- Plan side at RE stage have been communicated to Ministry of Finance vide D.O. letter No. H.11013/5/2010-Budget dated 24th May, 2010. The attached offices of the Ministry have been directed to provide full justification for additional requirement of funds on non-plan side, keeping in view the economy instructions of the Government. Justification of demands for additional funds would be submitted to Ministry of Finance at the RE stage, mentioning therein recommendations of the Committee.

Committee's further observation

1.5. The Committee desires to be apprised of the details of the justification made by the attached offices of the Ministry, the RE stage, for additional requirement of funds on non-plan side and the comments of the Ministry on the same.

DEPARTMENT OF PERSONNEL AND TRAINING

SPECIAL RECRUITMENT DRIVE FOR PERSONS WITH DISABILITIES (PWD)

Recommendation/observation

2. The Committee emphasizes the need for Special Recruitment Drive for Persons with disabilities, since such persons, inspite of good educational qualifications, due to various debilitating circumstances, continue to struggle for Employment opportunities. The Committee takes note of the step taken by the Ministry to fill up the backlog reserved vacancies of persons with disabilities through Special Drive and the Committee would like to be apprised of the outcome of this Drive in the Action Taken Reply. [Para 15.2]

Action Taken Reply

2.1. Information about the number of backlog reserved vacancies of persons with disabilities as on 15.11.2009 and the number of backlog vacancies filled during the Special Recruitment Drive has so far been received from 38 Ministries/Departments. The names of the Ministries/Departments, which have given information, are given below:––

1. Cabinet Secretariat 2. D/o Fertilizers 3. D/o Commerce 4. D/o Food and Public Distribution 5. D/o Posts 6. D/o Information Technology 7. D/o Telecommunications 8. D/o Defence and D/o Defence Research and Development 9. M/o External Affairs 10. D/o Financial Services 11. D/o Economic Affairs 12. D/o Expenditure 13. D/o Disinvestment 14. M/o Environment and Forests 15. M/o Home Affairs 16. O/o the Registrar General, India 17. M/o Housing and Urban Poverty Alleviation 18. D/o Higher Education 19. M/o Information and Broadcasting 20. Legislative Deptt. 21. M/o Mines 22. M/o New and Renewable Energy 23. M/o Panchayati Raj 24. M/o Parliamentary Affairs 25. D/o Admn. Reforms and PG 26. DoPT 27. M/o Petroleum and Natural Gas 28. PMO 29. M/o Power 30. M/o Road Transport and Highways 31. M/o Science and Technology 32. M/o Statistics and Programme Implementation 33. M/o Social Justice and Empowerment 34. UPSC 35. M/o Urban Development 36. Vice President Sectt. 37. D/o Heavy Industry 38. M/o Water Resources

According to the information furnished by the above Ministries / Departments, there were total of 3558 backlog reserved vacancies identified as on 15.11.2009 out of which 446 have been filled up. Number of backlog vacancies identified under Direct Recruitment quota was 2552 of which 385 have been filled up. In promotion quota number of identified backlog vacancies were 1006 and 61 of these have been filled up. Position in tabular form is as follows: No. of backlog vacancies No. of backlog vacancies

filled identified

DR Promotion Total DR Promotion Total

2552 1006 3558 385 61 446

The progress of the Drive is being monitored. Ministries / Departments which had not responded to the Drive were reminded at the level of Secretary (P) vide OM No. 36038/2/2008-Estt(Res.) dated 07.04.2010. Later on the Minister of State for Personnel and Public Grievances MOS (PP) wrote D.O. letters to all the Ministers-In-charge of the Ministries emphasizing the importance of the Drive. A meeting was taken with the Liaison Officers of different Ministries / Departments. The need to make the Drive a success was impressed upon them in the meeting.

Committee's further observation

2.2. The Committee takes note of the reply. The Committee is not satisfied with the outcome of the Drive. The Committee gathers that Special Recruitment Drives were not successful as is evident from the number of backlog vacancies which are yet to be filled. The reply given by the Ministry however does not provide the reasons why these drives were not successful and how the backlog vacancies will be filled up. Moreover, the information provided was as in November, 2009. The Committee desires to know the progress made so far and therefore directs the Ministry to apprise the same. The Committee strongly feels that the Ministry should find out ways in addition to Special Drives to cover the backlog. As the Committee is also examining this subject separately, it reserves its comments in the matter. The Committee further desires that the Ministries/Departments which have not responded to the Drive should be persuaded to comply with the same.

SPECIAL RECRUITMENT DRIVE

Recommendation/observation

3. The Committee notes that the latest data regarding the backlog of reserved vacancies has not been furnished by the Ministry. It desires to be apprised of the latest data. [Para 17.2.1]

3.1. The Committee recommends that all out efforts should be made by the Ministry to fulfil this Constitutional obligation. It also recommends that time bound steps should be taken to fill up the vacancies and that capacity building steps for candidates belonging to these categories should be envisaged. [Para 17.2.2]

Action Taken Reply

3.2. Information about the number of backlog reserved vacancies of SCs, STs and OBCs as on 1.11.2008 and the number of backlog vacancies filled during the Special Recruitment Drive has so far been received from 63 Ministries / Departments. The names of the Ministries / Departments, which have given information are given below: ––

1. Ministry of Power. 2. Vice President Sectt. 3. D/o Information Technology 4. Union Public Service Commission 5. DONER 6. D/o Public Enterprises 7. D/o Commerce 8. D/o Consumer Affairs 9. D/o Chemicals and Petrochemicals 10. 11. M/o Panchayati Raj 12. Cabinet Secretariat 13. M/o Social Justice and Empowerment. 14. M/o Water Resources 15. M/o New and Renewable Energy 16. D/o Heavy Industry 17. D/o Atomic Energy 18. M/o Earth Sciences 19. M/o Road Transport and Highways 20. Planning Commission 21. Prime Minister's Office 22. Department of Revenue 23. M/o Environment and Forests 24. D/o Expenditure 25. M/o Women and Child Development 26. M/o Labour and Employment 27. M/o Tribal Affairs 28. D/o Disinvestment 29. M/o Overseas Indian Affairs 30. M/o Housing and Urban Poverty Alleviation 31. M/o Defence, Defence (Prod. & DRDO) 32. D/o Posts 33. President's Secretariat 34. M/o Petroleum and Natural Gas 35. M/o Parliamentary Affairs 36. M/o Shipping 37. M/o Ayush 38. Election Commission of India 39. D/o Rural Development (incomplete) 40. M/o Statistics and Programme implementation 41. M/o External Affairs 42. D/o Fertilizers (incomplete) 43. D/o Telecommunications 44. D/o Space 45. Legislative Department 46. Department of Personnel and Training 47. National Commission for Scheduled Tribes 48. D/o Border Management 49. D/o Industrial Policy and Promotion 50. D/o Health and Family Welfare 51. Ministry of Mines 52. Ministry of Urban Development 53. India Tourism Development Corporation Ltd.

54. Ministry of Information and Broadcasting

55. D/o Fertilizers

56. D/o Biotechnology

57. Ministry of Railways

58. D/o Higher Education

59. M/o Coal

60. Central Information Commission

61. Ministry of Corporate Affairs

62. Ministry of Law and Justice

According to the information furnished by the above Ministries/Departments, there were total of 60,422 backlog reserved vacancies identified as on 1.11.2008 of which 14,799 have been filled up. Details are given as under:

Sl. Category Number of backlog vacancies No. of backlog vacancies

No. filled identified

DR Promotion Total DR Promotion Total

1. SCs 11655 10412 22067 1441 9125 10566

2. STs 7717 13315 21032 1115 749 1864

3. OBCs 17323 Not 17323 2369 Not 2369

applicable applicable

TOTAL : 36695 23727 60422 4925 9874 14799

The Government is conscious about the need to ensure that all vacancies reserved for SCs, STs and OBCs should be filled by these categories only and the backlog should be completed at the earliest. The said Drive was launched to accomplish this goal. The Drive is being monitored scrupulously. The Ministry/Department which had not responded to the Drive were reminded at the level of Secretary(P) vide OM. No.36038/1/2008-Estt.(Res.) dated 8.04.2010. Minister of State for Personnel and Public Grievances through his D.O. letters to the Ministers-in-charge of the Ministries has exhorted them to take all necessary steps to fill up the backlog reserved vacancies of SCs, STs, OBCs and persons with disabilities on top priority basis. A meeting was also held with the Liaison Officers of different Ministries/Departments where they were requested to do their best to make the Drive a success. These steps have given fillip to the Drive.

Ministry of Social Justice and Empowerment is responsible for taking special steps for capacity building of SCs and OBCs and the Ministry of Tribal Affairs for STs. These departments have been requested to take necessary steps as per recommendations of the Committee.

Committee's further observation

3.3. The Committee is unhappy to note that the data furnished by the Ministry is of November, 2008. It desires that the Ministry should furnish the updated data in the ATN. The Committee recommends that the Ministry should identify the reasons for the lower percentage of success of the Special Recruitment Drive and come out with concrete steps to enhance the outcome. The Ministry of Personnel should also persuade other Ministries/Departments which have not yet responded to the Drive, to comply with the initiative.

3.4. The Committee recommends that the Ministry should ensure that wide publicity is given to the Special Recruitment Drives in regional and local newspapers also. As regards the recommendation of this Committee that capacity building steps should be envisaged for candidates belonging to reserved categories, the Committee is disappointed to note that the Ministry has not furnished the details of the follow up action taken, if any.

UNION PUBLIC SERVICE COMMISSION

Recommendation/observation

4. The Committee is concerned that the prevailing vacancies would affect the smooth functioning of the premier recruitment agency, whose scope of activities has increased over the years. It is of the view that in the present scenario where educated, qualified youths are in search for jobs, there is no justification that such vacancies prevail. It recommends that urgent steps should be taken to fill up the vacancies at the earliest. [Para 26.8]

Action Taken Reply

4.1. Efforts are being made to fill up the vacancies at the earliest.

Committee's further observation

4.2. The Committee observes that the Ministry is not categorical while replying to this recommendation. The Committee should have been informed of the steps taken so far and also the outcome thereof, if any. It would also have been appropriate for the Ministry to have furnished the details of action plan prepared by them in this regard, along with the targets to be achieved. The Committee, therefore, impress upon the Ministry to furnish the above information for consideration of the Committee.

HUMAN RESOURCES OF CBI

Recommendation/observation

5. The Committee is perturbed to note that the number of vacancies existing in CBI, especially in the prosecution posts (36.5 %) and technical posts (58.7%) is alarming. It had, on various occasions, pointed out to the organization and the Ministry the urgent need to fill up these vacancies, but no concrete, results have been achieved so far. The Committee believes that such large number of vacancies will adversely affect the efficient functioning of the premier investigating agency. [Para 27.11]

Action Taken Reply 5.1 In order to help CBI overcome the shortage of Prosecuting officers, a Scheme for contractual appointment of Law Officers for CBI has been notified. This will enable CBI to engage 60 Prosecuting officers on contract basis for a period up to 5 years. In the meantime, all efforts will be made to fill up the existing vacancies. RRs for the various posts in Technical Advisory Units for Banking, Taxation and Insurance have been notified in June, 2007. CBI has already sent a requisition to UPSC in October, 2009 for filling the vacancies in these Units. RRs for the Technical Advisory Unit (Foreign Trade) have also been approved and notified in October, 2009. CBI bas sent a requisition to UPSC for filling up these posts. CBI has also been advised to appoint Consultants against these posts as a stopgap arrangement till the posts are filled on a regular basis.

Recommendation/observation

6. The Committee strongly recommends that concrete action on war footing should be taken to ensure that the vacancies are filled up in a time bound manner. It desires that necessary changes in the rules and procedures should be made to ensure that qualified and capable persons join this organisation, particularly in the specialized fields. [Para 27.12]

Action Taken Reply 6.1. The posts are to be filled up strictly in accordance with the provisions contained in the relevant recruitment rules. With a view to overcome the problem of deputation quota vacancies remaining unfilled, the Department has since amended the RRs for the posts of Sr. PP and Addl. SP and similar exercise is on for Dy. SP, CBI so as to increase the promotion / DR quota while decreasing the deputation quota correspondingly. The total number of vacancies in CBI has come down from 1086 as on 31.12.2008 to 874 as on 1.2.2010, in spite of the fact that the total number of sanctioned posts has increased from 5961 to 6050 during the same period.

Committee's further observation 6.2. The Committee takes note of the action taken by the Ministry with respect to recommendations made by the Committee in paras 27.11 and 27.12. The Committee hopes that the steps taken by the Ministry will address the problem of shortage of officers / staff in the CBI. The Committee desires to be apprised of the exact figures and details of the vacancies which have been filled up as a result of these steps, in the ATN. Further, the Committee desires that the Department of Personnel and Training, UPSC and CBI should interact and work in a synchronized manner on a regular basis in order to monitor the effectiveness of the steps and make modifications wherever necessary, without further delay.

Recommendation/ Observation

7. The Committee recommends that latest gadgets should be procured to ensure effective functioning of the organisation. The Committee desires that separate allocation should be made for upgradation of technology in CBI. [Para 27.13.1]

Action Taken Reply

7.1. A new plan scheme for Strengthening of ICT Infrastructure in CBI with a total outlay of Rs.14.87 crore has been approved in principle, The outlay of Rs.3.00 crore available under the Plan Scheme of E-Governance for 2009-10 has been transferred to this scheme and Rs 8 crore have been provided for the year 2010-11. Under this scheme, laptops and mobile phones are being provided to all Investigating Officers and other ICT infrastructure is being set up.

Committee's further observation

7.2. The Committee notes that the reply furnished by the Ministry is not specific with regard to the recommendation of the Committee that separate allocation should be made for upgradation of technology in CBI. The Committee desires to be apprised of the specific action taken in this regard.

MODERNIZATION

Recommendation/observation

8. The Committee feels that since allocation is made in pursuance of the request made by the organisation for a particular scheme/project, non utilization of the allotted funds points to the fact that there is some lacuna in the implementation/execution stage. The Committee recommends that steps should be taken in advance to ensure that the allotted funds are utilized optimally. [Para 27.14.1]

Action Taken Reply

8.1. The recommendation of the Committee has been noted.

Committee's further observation

8.2. The Committee feels that the reply furnished by the Ministry in this regard is not satisfactory. The Committee is constrained to note that the Ministry has not furnished the details of the steps taken in order to ensure that the allotted funds are utilized optimally. The Committee would like to know the steps taken in this regard and the outcome thereof

Recommendation/observation

9. The Director, CBI submitted before the Committee that enhanced allocation is required especially for 'Professional Services'. The Committee reiterates its recommendation that a separate head should be made for investigation and prosecution expenses and urges the Ministry that budgetary constraints should not adversely affect granting funds to such an important agency. [Para 27.15]

Action Taken Reply

9.1. The recommendation of the Committee has been noted.

Committee's further observation

9.2. The Committee in its earlier Reports, had repeatedly recommended that a separate head should be made for investigation and prosecution expenses. The Committee is not satisfied with the reply given by the Ministry in this regard. The Committee strong{y feels that adequate funds should be granted for investigation and prosecution since these are the two heads which are of primary importance in the functioning of CEI. The Committee desires that the Ministry, in its ATN, should furnish the action taken in pursuance of the Committee's recommendation.

DEPUTATIONIST NATURE OF THE ORGANIZATION

Recommendation/observation

10. The Committee, in its 24th Report on "Working of CBI", had observed that less dependency should be based on deputation. It reiterates its recommendation and is of the view that better promotional avenues should be given to the departmental personnel who, by virtue of their long term experience of working in CBI, are undoubtedly, an asset to the organisation. [para 27.16]

Action Taken Reply

10.1. Induction of officers on deputation from outside the CBI brings in the experience and exposure in dealing with investigation of complex crimes. These officers also improve the coordination and interaction with State Police, which is important for successful investigation of cases. This system works to the mutual advantage of CBI and the States since the officers who have worked in the CBI on deputation acquire advanced skills in investigation, and make significant contribution to the investigating machinery of the State Police forces on their return.

With a view to overcome the problem of deputation quota vacancies remaining unfilled, the Department has since amended the RRs for the posts of Sr. PP and Addl. SP and similar exercise is on for Dy. SP, CBI so as to increase the promotion / DR quota while decreasing the deputation quota correspondingly. 77 posts of Deputy Superintendent of Police have been diverted from deputation quota to promotion quota as one time measure in relaxation of Recruitment Rules so as to expedite filling up of these posts.

Committee's further observation

10.2. The Committee takes note of the reply furnished by the Ministry. The Committee agrees that deputationists bring in varied experience with them; but the fact cannot be overlooked that when they are absorbed in the organization, it adversely affects the promotional avenues of direct CBI officers, who have rendered long service to the organization and this in turn, adversely affects their morale. The thrust of Committee's recommendation was on less dependency on deputation. The Committee strongly feels that ratio between deputationist and departmental officer needs to be in favour of latter. The Committee takes note of diversion of 77 posts of Dy. SP to promotion quota as a one time measure. The Committee considers this an half hearted effort just to expedite filling up the vacant posts. The Committee desires that such posts be earmarked for departmental candidates so as not only to reduce/avoid the vacancies under deputationist quota; but also to boost the morale of CBI officers from within the organization.

DIRECTORATE OF PROSECUTION

Recommendation/observation

11. The Committee is of the considered view that an independent Directorate of Prosecution should be set up in CBI, which would inter alia, decide, based on the merits of the case, whether it is fit to be taken to court or a closure report is to be filed. [Para 27.19]

Action Taken Reply

11.1. Directorate of Prosecution has been set up in CBI to tender advice on filing chargesheet or otherwise in cases investigated by the CBI. However, this advice is not mandatory since the Cr. PC (Amendment) Act, 2005 that incorporated the new section 25A in the Code for creation of Directorate of Public Prosecution has not made any consequential changes to the sections 169 and 170 so as to confer such a power upon the Director of Prosecution. The issue of creation of an independent Directorate of Prosecution is under examination of the Government.

Committee's further observation

11.2. The Committee notes that the issue of creation of an independent Directorate of Prosecution is under examination of the Government. The Committee recommends that this matter should be given positive consideration on priority basis and that the Committee should be apprised of the action taken in this regard, in the ATN.

CENTRAL ADMINISTRATIVE TRIBUNAL

Recommendation/observation

12. The Committee is unhappy to note the huge number of pending cases in CAT. It feels that the very objective of the Central Administrative Tribunal to render speedy justice to the Government employees is defeated by the delay in disposing cases. The Committee desires the Ministry to take effective steps to bring down the pendency of cases in CAT. [Para 28.2]

Action Taken Reply

12.1. The pendency of cases in the Central Administrative Tribunals has come down from 23,777 in 2007 to 22,527 in 2009. The pendency of cases between 1-2, 2-3 3-5 and over 5 years has decreased and there is a substantial decrease in pendency of cases between 2-3 years. However, the sentiments of the Committee have been noted and following steps have already been taken for the reduction of pendency.

(i) Monthly and quarterly Pendency report is received from the CAT (Principal Bench) and monitored at the Ministry after which matter is taken up with the Chairman, CAT regarding the same.

(ii) Reports from all the Benches are called for by the CAT (PB) and the bench-wise disposal of cases is personally monitored by the Chairman, CAT.

(iii) Targets are set up by the Chairman, CAT regarding disposal of cases for the benches.

(iv) During the All India Conference, 2009 also the members were advised to give priority to disposal of old cases pending since 2004 to 2008.

Committee's further observation

12.2. The Committee takes note of the steps taken by the Ministry to reduce pendency of cases in CAT. It desires to be apprised of the outcome of these steps, in the ATN. LAL BAHADUR SHASTRI NATIONAL ACADEMY OF ADMINISTRATION

Recommendation/observation

13. The Committee, while deliberating upon the Demands for Grants (2010-11), highlighted the need for radical change in the attitude of civil servants to the concerns of the public and their representatives in Parliament and State legislature. The Members of the Committee emphasized upon the need for inculcation of core values of public service in the minds of the Civil Servants right from the training stage. [Para 30.1]

Action Taken Reply

13.1 The recommendation of the Committee has been noted.

Recommendation/observation

14. The Committee desires that the course content of the training imparted to the successful Civil Service candidates at the LBSNAA should be tuned in such a way that sensitivity to the problems of the common man is imbibed by them before they enter the public service arena. The Committee hopes that such training modules would enable them to effectively address the grievances of the public and become able administrators. [Para 30.2]

Action Taken Reply

14.1 The recommendation of the Committee has been noted.

Committee's further observation

14.2 The Committee takes note of the reply furnished by the Ministry in regard to paras 30.1 and 30.2. The Committee notes that the Ministry has not specified the steps taken/initiatives made in this regard. The Committee is of the view that the Civil Services Officers form the backbone of administration and, therefore, they should be sensitized towards the problems faced by the common man. The Committee recommends that the Ministry should give this aspect a proper thought and action. The Committee would like to know the specific steps taken by the Ministry in this regard, in the ATN.

CENTRAL VIGILANCE COMMISSION

Recommendation/observation

15. The Committee takes cognizance of this submission and strongly recommends that these posts should be filled within a reasonable time. It is of the considered view that vacancies arising out of retirement can be anticipated in advance and steps taken to fill them to ensure that the vacancies are filled once the incumbents retire. [Para 32.4]

Action Taken Reply

15.1 The observation has been made by the Committee in connection with the two posts of Vigilance Commissioners lying vacant since November, 2009.

The panel of officers for the post of Vigilance Commissioners is generally drawn by the Cabinet Secretariat and placed before the Committee (comprising of the Prime Minister, Home Minister and Leader of the Opposition) for its recommendation. The Cabinet Secretariat and PMO were duly apprised that the two posts are lying vacant for quite sometime.

Committee's further observation

15.2 The Committee is concerned about the vacancies and desires that they should be filled up at the earliest. The Ministry should reappraise the Cabinet Secretariat and PMO in the matter, if possible.

Recommendation/observation

16. The Committee strongly feels that when the number of posts in the Government are diminishing, it is inexcusable that vacancies are not filled up owing to various reasons. This is not only a negation of rights of the educated youth, but also a contributing factor to the increased workload of the existing staff and pendency of cases. Therefore, the Committee recommends that the Ministry of Personnel, which is the coordinating agency in respect of issues concerning recruitment, staff welfare etc., should sort out the hurdles with the concerned organisations and ensure that the vacancies are filled up without further delay. [Para 32.6]

Action Taken Reply

16.1 The vacant posts in the Central Vigilance Commission are filled up on direct recruitment basis in accordance with the relevant Recruitment Rules in respect of posts belonging to the cadre and through the Central Staffing Scheme in respect of DS/Director level posts. The majority of unfilled vacancies to be filled up on direct recruitment basis pertain to non-gazetted posts which require nominations from Staff Selection Commission. The vacancies could not be filled up so far due to inadequate nominations from the Staff Selection Commission. However, this year the Staff Selection Commission has nominated candidates to all the reported vacancies and dossiers have being received.

The Commission hopes that the vacancy position would improve in the event all the selected candidates join the Commission.

The vacancies in the grade of DS/Director could not be filled up partly due to inadequate nominations and partly because of non-joining of the officers selected under the Central Staffing Scheme. Two panels are being provided to the Commission

Staff Selection Commission

In April, 2010, results of Combined Matriculation Level Examination, 2008 and Combined Graduate Level Examination, 2008 were finalized by the Staff Selection Commission. 40 candidates have been selected for filling up vacant posts (Assistant- 10, Steno Gr.'C'-03, Steno Gr.'D'-07 & LDC-20) in Central Vigilance Commission.

As many as 11448 candidates emerged successful in these two examinations for different categories of posts as below: Assistants 453 Stenographers Grade 'C' 39 Stenographers Grade 'D' 492

CBI SI, Customs & Central Excise Inspector etc. 1875 Divisional Accountant 585 Auditors/Jr. Accountants 5667 UDCs 4 LDCs 2333 11448

With nomination of selected candidates to various user departments including the CBI and CVC, manpower position will ease considerably.

The Commission has also initiated a proposal for restructuring of its regional offices for more equitable distribution of manpower keeping in view of volume of examination work.

The observation of the Committee has been given in the context of vacancies in the CVC. As far as UPSC and SSC are concerned, the recruitment is made as per the requisitions sent by the Indenting Departments. These two agencies are continuously making efforts to update their systems to recommend the selected candidates at the earliest.

Committee's further observation

16.2 The Committee desires to be apprised of the outcome of the steps taken in this regard.

MINUTES

IV FOURTH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice met at 3.00 P.M. on Tuesday, the 16th November, 2010 in Room No. '62', First Floor, Parliament House, New Delhi.

MEMBERS PRESENT

1. Shri Shantaram Laxman Naik –– In the Chair

RAJYA SABHA 2. Shri O.T. Lepcha

LOK SABHA 3. Shrimati Deepa Dasmunsi 4. Shri Shailendra Kumar 5. Dr. Kirodi Lal Meena 6. Kumari Meenakshi Natarajan 7. Shri S. Semmalai 8. Shri Vijay Bahadur Singh 9. Dr. Prabha Kishor Taviad 10. Shri R. Thamaraiselvan 11. Adv. P.T. Thomas (Idukki)

SECRETARIAT Shri Deepak Goyal, Joint Secretary Shri K.P. Singh, Director Shri K.N. Earendra Kumar, Joint Director Shrimati Niangkhannem Guite, Assistant Director Shrimati Catherine John L., Committee Officer

A. WITNESSES

I. * * *

II. * * *

III. * * *

IV. * * *

B. * * *

2. * * *

3. * * *

4. * * *

5. * * *

6. * * *

7. * * * Consideration and adoption of draft 42nd and 43rd Reports

8. The Committee, thereafter, took up for consideration its 42nd and 43rd Reports, respectively on the "Action Taken Replies of the Government on the recommendations/observations contained in the 30th Report of the Committee on "Constraints being faced by Kendriya Bhandar" and "Action Taken Replies of the Government on the recommendations/observations contained in the 38th Report of the Committee on Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions" and adopted both the Reports.

9. A verbatim record of the proceedings of the discussion was kept.

10. The Committee adjourned at 4.44 P.M.