G.I., Dept. of Per. & Trg.,
O.M.F.No.43011/9/2014-Estt.D, dated 28.10.2015
Subject: Processing of files referred to DOP&T for advice/clarification-procedure to be followed
This Department has from time to time issued instructions prescribing the procedure to be followed for making references to this Department for advice/clarification. In this regard, O.M.No.20034/2/2010-Estt(D) dated 13th August, 2010, O.M.No.20034/2/2010-Estt(D) dated 30th November, 2011 and OM of even number dated 13.02.2015 refers.
2. Inspite of these instructions, some Ministries/ Departments continue to refer the files to this Department without following the procedure enunciated in the above mentioned OMS, resulting in avoidable procedural delays, grievances and unwanted litigation.
3. In this background While reiterating instructions mentioned in the above three OMs, the following procedure for referring the proposals including court cases to this Department, may be followed:-
i. Administrative Departments shall refer cases to the DoPT only where there is a specific point which is either not covered by prevailing policies/ guidelines/ rules /regulations or interpretation of a specific clauses/provisions in the said policies/ guidelines/rules/regulations is involved for a particular case.
ii. When such a reference is made, all facts pertaining to the case may be incorporated in the Self Contained Note.
iii. All the references should be made to DOP&T with the approval of the Secretary of the Administrative Ministry/ Department. These references should be sent atleast two weeks in advance so that it can be properly examined in DoP&T.
iv. The concerned Ministry/ Department, which sends the proposal should indicate the Division within DoPT where it has to be dealt with and also to the concerned Joint Secretary/ Director so that there is no delay in processing within DoPT.
v. While sending the proposal, the name, designation of i the Joint Secretary/ Director (Phone number and e-majl id) who can be contacted for further correspondence may also be indicated.
4. The content of this O.M. may be given wide publicity and brought to the notice of all concerned and will be applicable from 1st November, 2015.