भारतीय प्रतिरक्षा मजदूर संघ
Bharatiya Pratiraksha Mazdoor Sangh
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS / Fed / DPC / 113 (7/4/R)

Dated: 29.06.2023

To whom it may concern

Subject: Invitation for Views on Rectifying Anomalous Situation in Disciplinary Proceedings and Departmental Promotion Committee.

Dear Sir/Madam,

I am writing to seek your valuable insights and suggestions regarding an anomalous situation that has arisen in the disciplinary proceedings of government employees. The matter pertains to the implementation of Department of Personnel & Training (DoPT) guidelines on the sealed-cover procedure and its implications on promotions, as well as the non-implementation of the time limit for completion of departmental inquiries as per the Central Vigilance Commission (CVC) instructions.

The DoPT has issued various instructions outlining the sealed-cover procedure and its implications on government servants at the time of promotion. As per these guidelines, government servants falling under certain categories, such as those under suspension, facing disciplinary proceedings, or facing criminal charges, are placed in sealed covers during the consideration for promotion. The sealed covers are opened upon the conclusion of the respective cases, and if a government servant is completely exonerated, their due date of promotion is determined based on the findings in the sealed cover.

However, in certain instances, due to delays in the disciplinary proceedings or decision-making process, the period of penalty faced by an employee exceeds the intended penalty duration. This can lead to situations where an employee, despite being recommended for promotion by the Departmental Promotion Committee (DPC), is unable to be promoted and has to endure an extended period of penalty. This discrepancy arises due to the interaction between the DoPT rules on the sealed-cover procedure and the non-implementation of CVC guidelines specifying a time limit for completing departmental inquiries.

Suppose, if an employee is charged under Rule 14 or 16 of the CCS (CCA) Rules, 1965, and after a period of two years or more due to a departmental inquiry/decision, the employee is awarded a minor penalty but not the specific penalty of withholding promotion, the following scenario arises. Let’s assume the employee is awarded the minor penalty of withholding increments of pay for six months, and their next increment is due after 11 months. Meanwhile, a Departmental Promotion Committee (DPC) convenes for the employee’s promotion, and the recommendations of the DPC are kept in a sealed cover. However, the sealed cover remains unopened, and the employee has to wait for his promotion until the next DPC is convened. During the currency of the penalty, the employee cannot be promoted, even if the DPC has recommended him as fit for promotion. As a result, the employee ends up suffering a penalty period of two years of inquiry, plus 11 months until the next increment, plus six months of withholding increments.

In this case, the intention of the Disciplinary Authority is to award a penalty of increment withholding for six months only. However, due to the implementation of DoPT/ GOI Rules on DPC and the non-implementation of CVC /GOI instructions on the time limit for completion of departmental inquiries by the concerned authorities, the actual penalty period extends to two years, 11 months, and six months. This discrepancy creates a tragic paradox, as the penalty duration significantly exceeds the intended duration solely due to procedural issues.

We recognize that this situation presents a significant challenge and a disheartening experience for the affected employees. Hence, it is crucial for us to seek your expertise and insights to rectify this anomalous state and ensure fairness in the disciplinary proceedings. We highly value your knowledge and experience in this domain, and your perspective will greatly contribute to the development of a suitable resolution.

In light of the above, we kindly request your views and suggestions on the following matters:

• How can we harmonize the DoPT guidelines on the sealed-cover procedure with the CVC instructions on the time limit for completion of departmental inquiries, to ensure that penalties are commensurate with the intended duration, to ensure that promotion cannot be denied if minor penalty, except withholding of promotion, is awarded.
• Are there any specific court judgments or legal precedents that support the rectification of the current anomalous situation in disciplinary proceedings?
• What measures can be taken to minimize delays in disciplinary proceedings and decision-making processes, thereby preventing employees from enduring extended periods of penalty?
• Are there any specific reforms or modifications that you would recommend to streamline the disciplinary proceedings and promotion processes, while maintaining fairness and efficiency?

Furthermore, we kindly request you to provide any relevant court judgments or legal precedents that support the rectification of the current anomalous situation. These judgments will help us in understanding the legal perspective and finding a comprehensive solution.

We kindly request you to provide your valuable insights, suggestions, and any relevant court judgments to enable us to analyze and incorporate them into the ongoing discussions and decision-making processes. Your contributions will be treated with utmost confidentiality, and we assure you that your views and the provided court judgments will be given careful consideration.

Thank you in advance for your cooperation and support in addressing this important matter. We look forward to your prompt response.

Sincerely yours

(MUKESH SINGH)
General Secretary /BPMS &
Member, National Council (JCM)

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DPC for Promotion – Timely promotions of officers can be achieved through strict adherence to the timelines prescribed in the Model Calendar for submission of DPC proposals.

No. 22011/1/2021-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

North Block, New Delhi
Dated: 27.08.2021

OFFICE MEMORANDUM

Subject: Timely and advance action in convening of Departmental Promotion Committee meeting in terms of Model Calendar – regarding.

The undersigned is directed to state that with a view to having the approved select panels for promotion ready in advance in a time-bound manner, this Department has been impressing upon adherence of time schedule for convening meetings of DPCs. The Cadre Controlling Authorities are accordingly required to follow the Model Calendars for DPC issued in OM No. 22011/4/2013-Estt.(D) dated 08.05.2017, so as to ensure that the panel is ready in time, and is utilized, as and when the vacancies arise during the course of the vacancy year.

2. Cabinet Secretariat has drawn attention to the observations of the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, that there has been an inordinate delay in the constitution of the DPC and that delay in holding of DPCs results in deprivation of timely promotion to the eligible candidates. It has also been brought to the notice that Ministries/Departments were not submitting DPC proposals to UPSC on time, causing delay in timely convening of DPCs meetings.
3. The objective of timely promotions of officers can be achieved through strict adherence to the timelines prescribed in the Model Calendar for submission of DPC proposals.
4. Accordingly, all the Ministries/Departments are, therefore, once again requested to ensure strict compliance of instructions in order to achieve the desired objectives of timely convening of DPCs/preparation of approved select panels within the prescribed time frame.

(A. Bhattharya)
Deputy Secretary

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No .22011/4/2007-Estt. (D)
Government of India
Ministry of Personnel, Public and Training
(Department of Personnel and Training)

North Block, New Delhi – 110 011

November 21, 2016

OFFICE MEMORANDUM

Sub: Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee

The Department of Personnel & Training vide its OM of even number dated 28.4.2014 issued instructions on the above subject. Paragraph 7(d), 7(f) and 7(g) of the said OM provides as follows:

7(d) If the official under consideration is covered under any of the three condition mentioned in paragraph 2 of OM dated 14.9.1992, the DPC will assess the suitability of Government servant along with other eligible candidates without taking into consideration the disciplinary case / criminal prosecution pending. The assessment of the DPC including ‘unfit’ for promotion and the grading awarded are kept in a sealed cover. [Paragraph 2.1 of DoPT OM dated 14.9.1992]

7(f) If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he / she is found guilty in the criminal prosecution against him / her, the findings of the sealed cover / covers shall not be acted upon. His / her case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him / her [paragraph 3.1 of DoPT OM dated 14.9.1992].

7(g) In assessing the suitability of the officer on whom a penalty has been imposed, the DPC will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of general service record of the officer and the fact of imposition of penalty, the officer should be considered for promotion. The DPC, after due consideration, has authority to assess the officer as ‘unfit’ for promotion. However, where the DPC considers that despite the penalty the officer is suitable for promotion, the officer will be actually promoted only after the currency of the penalty is over [paragraph 13 of DoPT OM dated 10.4.19891.

2. Questions have been raised by the Ministries and Departments asking whether this is applicable in the case of ‘Censure’ also. In this regard, it is reiterated that paragraphs 7(d), 7(f) and 7(g) cited above are applicable in all the recognized penalties under CCS (CCA) Rules including the minor penalty of Censure as well for which no currency has been prescribed, it would mean that as per para 7(g), if the DPC considers the officer fit for promotion notwithstanding the award of censure, he / she can be promoted without referring to the currency of penalty.

(G. Jayanthi)
Director
Tel. no. 2309 2479

DoPT Order 2016

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New Delhi: All central government departments have been asked to conduct meetings of Departmental Promotion Committee (DPC) in time to check “abnormal delay” in giving career benefits to employees.

The move comes after noticing cases of delay in holding the meeting of DPC -which decides on employees’ promotions.

The Department of Personnel and Training (DoPT) has issued instructions to all the departments asking them to ensure timely promotions to the employees by conducting meetings of DPC in time.

A model calender has also been issued by the DoPT in this regard.

It has been brought to the notice of the government that many promotion posts are lying vacant due to abnormal delay in convening DPCs.

“The objective of timely promotions of employees in various ministries and departments can be achieved only by holding DPC meetings.

“In view of above, all ministries and departments are again advised to ensure strict compliance of instructions in order achieve the desired objectives of timely convening of DPCs/preparation of approved select panels within the prescribed time frame,” the DoPT said in an order.

There are about 50.68 lakh central government employees.

PTI

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NO. 22011/1/2011-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi – 110001
Dated- October 27, 2016

OFFICE MEMORANDUM

Subject: Timely and advance action in convening of Departmental Promotion Committee meeting in terms of Model Calendar – regarding.

The undersigned is directed to state that with a view to having the approved select panels for promotion ready in advance in a time-bound manner, this Department has issued a Model Calendar for DPCs vide OM No. 22011/9/98-Estt. (D) dated 8 th September, 1998 as modified vide OM No. 22011/4/2013-Estt.(D) dated 28.01.2015. An indicative pattern has been provided in the Model Calendar for various events involved in the pre/ post DPC related actions. All the Ministries/Departments have been impressed upon from time to time by this Department to adhere to the prescribed time-line so as to ensure that the panel is ready in time and is utilised as and when the vacancies arise during the course of the vacancy year.

2. It has been brought to the notice that many promotion posts are lying vacant due to abnormal delay in convening DPCs. The objective of timely promotions of employees in various Ministries/Departments can be achieved only by holding DPC meetings.

3. In view of above, all Ministries/Departments are again advised to ensure strict compliance of instructions in order to achieve the desired objectives of timely convening of DPCs/preparation of approved select panels within the prescribed time frame.

(Raj esh Sharma)
Under Secretary to the Govt. of India
Tele. No. 23040340

DoPT Circular 2016

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G.I., Dep. of Per. & Trg., O.M.No. 22011/2/2014- Estt.D, dated 30.1.2015

Subject:- Procedure for conduct of supplementary DPC

This Department instructions issued vide OM No. 22011/5/86-Estt (D) dated 10.4.89 [para 6.4.2 (i)] provide that vacancies occurring due to death, voluntary retirement, new creations etc. could not be foreseen at the time of placing facts and material before the DPC, therefore, another meeting of DPC (commonly referred to supplementary DPC) should be held for drawing up a panel for these vacancies.

2. References have been received with regard to the zone of consideration, the eligibility list for the supplementary DPC and whether officers who are included in the panel by the original DPC or in the extended panel but could not be promoted as these anticipated vacancies do not actually become available could be appointed against the additional vacancies later becoming available for the same vacancy year.

3. These issues have been examined in consultation with UPSC and following is decided:-

(i) The zone of consideration, in case of holding supplementary DPC, shall be fixed as per the provisions in this Department OM No. 22011/2/2002-Estt(D) dated 6.1.2006 keeping in view total number of vacancies arising in a particular vacancy year i.e. vacancies accounted in Original DPC + additional vacancies becoming available subsequently during the same year.

(ii) The eligibility list for supplementary DPC shall be prepared by removing the names of all such officers who have already been assessed by earlier DPC as fit, unfit or placed in the sealed cover by the original DPC before placing the same for consideration by the supplementary DPC.

(iii) The officers who have already been empanelled or placed in the extended panel but could not be promoted due to these vacancies not actually becoming available; need not be re-assessed by the supplementary DPC as the assessment matrix remains the same. They may be appointed against the additional vacancies of the same vacancy year as per recommendations of the earlier DPC. In such situation the number of vacancies for supplementary DPC shall be accordingly adjusted.

4. While calculating the regular vacancies for a DPC, it is incumbent upon administrative department to ensure that there is no arbitrariness in calculation of anticipated vacancies.

5. To provide clarity in implementation of these instructions some situation specific illustrations are enclosed as Annexure to this OM.

Illustration

Original DPC

No. of vacancies 5
Normal zone 5 x 2 + 4 = 14
Extended zone 5 x 5 = 25

Supplementary DPC

No. of vacancies – 2

Zone of consideration will be decided taking into account total number of vacancies in the vacancy year, i.e. 7 (Vacancies at the time of original DPC + unanticipated vacancies for the same year i.e. 5+2) in this case.

For 7 vacancies, normal zone is 7 x 2 + 4 = 18

Extended Zone 7 x 5 = 35

Situation 1- In the original DPC, first 5 officers are assessed as ‘Fit’ and no officer is assessed for extended panel or assessed as ‘Unfit’ and/or kept in ‘Sealed Cover’

Zone of consideration for Supplementary DPC will now be 13 (Normal Zone of consideration for total number of vacancies for that year — number of officers assessed by earlier DPC i.e 18-5).

As such, in the eligibility list of Supplementary DPC in the above illustration, 13 officers (9 left over officers from the original DPC and 4 additional officers) shall be included.

Situation 2 – In the original DPC, first 5 officers are assessed as ‘Fit’ and next 3 officers are assessed for extended panel and no officer is assessed as ‘Unfit’ and for kept in ‘Sealed Cover’

Zone of consideration for Supplementary DPC will now be 10 (Normal Zone of consideration for total number of vacancies for that year — number of officers assessed by earlier DPC i.e 18-8).

As such, in the eligibility list of Supplementary DPC in the above illustration, 10 officers (6 left over officers from the original DPC and 4 additional officers) shall be included.

Situation 3- In the original DPC, 5 officers are assessed as ‘Fit’, 2 officers are assessed for extended panel and 4 officers are assessed as Unfit’ and/or kept in ‘Sealed Cover’

Zone of consideration for Supplementary DPC will now be 7 (Normal Zone of consideration for total number of vacancies for that year — number of officers assessed by earlier DPC i.e 18-11)

As such, in the eligibility of Supplementary DPC in the above illustration, 7 officers (3 left over officer not assessed in the original DPC and 4 additional officers) shall be included in the normal zone.

Extended Zone in situation 1,2 & 3 above:

Extended zone in the Supplementary DPC, wherever resorted to, may be operated accordingly leaving out the SC/ST officers assessed by the original DPC.

Important- In the Supplementary DPC, (a) Zone of consideration (Normal as well as Extended) shall be decided taking into account total number of vacancies in the relevant vacancy year; and (b) all the officers already assessed in the original DPC are not to be included in the fresh zone of consideration in respect of the S-DPC.

Authority : www.persmin.gov.in (DoPT)

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G.I., Dep. of Per. Trg., O.M.No. 22011/4/2013-Estt.(D), dated 28.1.2015

Subject: Review of Model Calendar for the Departmental Promotion Committees (DPCs) being conducted by the Ministries / Departments.

Reference is drawn to this Department’s instructions on Model calendar for DPCs vide O.M. No.22011/9/98-Estt (D) dated 8th September, 1998. The Model Calendar envisages initiating action in advance of the commencement of the vacancy year so as to have the approved select panels ready before start of the vacancy year and ensure timely promotions of employees.

2. The Annual Performance Assessment Reports (APAR) schedule separately provide a time schedule for preparation/completion of APARs O.M. No.21011/1/2005-Estt.(A) (Pt.II) dated 23rd July, 2009. The crucial date of eligibility is 1st April of the vacancy year (Financial year based vacancy year) and 1st January (Calendar year based vacancy year) as per O.M. No.22011/6/2013-Estt(D) dated 28th May, 2014.

3. The schedule of Model Calendar for conduct of DPCs in line with the time schedule for completion of APARs so that the panel as approved by the Competent Authority is available before the commencement of the vacancy year has been further examined. It has been decided to reschedule the time frame for the DPCs being conducted by Ministries/Departments themselves as below:-

Model Calendar for DPCs conducted by the Ministries/Departments (For Grades/posts not associated with UPSC)

4. It has been decided to make the aforesaid Model Calendar for DPCs operational with effect from April 1, 2015 in relation to the financial year based vacancy year 2016-17 commencing from April 1, 2016. In the case of calendar year-based vacancy year commencing from January 1, 2016, the Model DPC Calendar will take operational effect from January 1, 2015. These instructions shall, accordingly, be applicable to all such subsequent vacancy years.

5. The success of the Model Calendar depends upon the Ministries/Departments initiating timely action in advance and furnishing the complete proposals to the DPCs with relevant APARs, copy of Service/Recruitment Rules, seniority list, penalty statement and correct vacancy position etc. All Ministries/Departments are, therefore, requested to give these instructions wide circulation and ensure strict compliance so that the desired objectives of convening of DPC meetings/preparation of the approval select panels as per the aforesaid prescribed time frame may be achieved.

6. Model calendar for DPCs conducted by UPSC both for ACC and Non-ACC cases is separately under review. Meanwhile, cadre controlling authorities are advised for timely completion of calculation of vacancy; finalization of Seniority List; collection of information on vigilance clearance status; completion of Penalty statement for last ten years so that the proposal for seeking the date from UPSC for holding DPC may be taken up on completion of APARs including disposal of representations received on entries/grading in ACRs/ APARs. The instructions with regard to JS level officer as designated authority for timely holding of DPCs and requirement of complete proposal as contained in OM No. 22011/1/2011-Estt.(D) dated 25th March,2011 and OM No. 22011/3/2011-Estt.(D) dated 24th March, 2011 are reiterated.

Click here to download original dopt order

Authority : www.persmin.gov.in

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
CENTRAL BOARD OF DIRECT TAXES
DIRECTORATE OF INCOME TAX
(HUMAN RESOURCE DEVELOPMENT)
ICADR Building, Plot No. 6, Vasant Kunj Institutional Area Phase-II
New Delhi— 110070. Ph. 26130592. Fax 26130594

F.NO.HRD/CM/MIsc/221/1/2013- 14/2727

Dated the 16th July, 2014

OFFICE MEMORANDUM

The undersigned is directed to refer to this Directorate letter F.No I-IRD/CM/Misc /221/1/2012-13 dated 08.01.2013 circulating the Department of Exependiture’s Office Memorandum No.10/02/2011-E.III/A dated 07.01.2013 communicating the decision of the Government to grant fixation benefit in cases of promotion from onc post to another where the promotional post carries the same grade pay as the feeder post. It is stated in the above referred Office Memorandum that the fixation of pay in such cases shall be as per Rule 13(i) of the CCS (Revised Pay) Rules. 2008.

In this regard. the undersigned is directed to convey the approval of the Departrment of Expenditure on the proposal of the Department seeking fixation of pay under Rule 13 (j) of the CCS (Revised Pay) Rules. 2008 in cases of promotion from (a) Steno Grade-II (till merger of Steno Grade -I and II in the year 2010) to Steno Grade-I and (b) Sr Tax Assistant to Office Superintendent where both feeder and promtional posts are in the same Grade Pay in terms of Department of Exependitures Office Memorandum No 10/02/2011-E.III/A dated 07.01.2013 subject to the condition that fixation of pay in such cases was done as per FR 22(1 )(a)( I) prior to 01.01.2006.

sd/-
(Sanjay Gosain)
Deputy Director of Income Tax (HRD)

Source: www.incometaxindia.gov.in
[http://www.incometaxindia.gov.in/archive/OM-NO-2727-dated-16.07.2014.pdf]

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HYDERABAD: The Hyderabad bench of the Central Administrative Tribunal (CAT) comprising B Venkateshwar Rao, (member judicial) and Minnie Mathew (member administration) on Thursday suspended the promotions given to 148 income tax inspectors by the IT chief commissioner of AP, Hyderabad.

The bench was dealing with a petition by office superintendents and senior tax assistants of the department challenging the action of the chief commissioner in superseding an earlier order of the Centre.

Dr K Lakshmi Narasimha, counsel for the petitioners, said as per the order of the Centre all the posts of office superintendents, senior tax assistants, and stenographers were merged in a single cadre called executive assistants and promotions had to be effected by taking staff from this new category. He alleged that the chief income tax commissioner ignored the rule and effected the promotions.

The bench noted that the petition was filed on June 2 and the IT authorities sought several adjournments and, during the pendency of the petition, the commissioner convened the Departmental Promotion Committee (DPC) meeting and gave promotions.
Source: The Times of India

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Fax/Speed Post

Office of the Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt. – 110 010

No. AN/II/2151/2013-14/1

Dated: 18-07-2013

To
All PCsDA/PCA(Fys.)/CsDA

Sub: Promotion of Asstt. Accounts Officers to Accounts Officer’s grade.

102 (One Hundred Two) AAOs as per enclosed Annexure-I, have been approved for promotion to the grade of Accounts Officer carrying Pay Band-2 Rs. 9300-34800 plus Grade Pay of Rs. 5400/- with immediate effect or from the assumption of charge whichever is later.

2. Before promoting the AAOs, it may please be ensured that none of the circumstances enumerated in para 2 of the DOP&T 0M No. 22011/4/91-Estt. (A) dated 14.09.1992 have arisen before promotion. If such circumstances have arisen the promotion shall not be released and instead considered as if, the case of the officer concerned has been placed in Sealed Cover by the Departmental Promotion Committee, in terms of para 7 of the said OM.

3. TA and joining time, is permissible under rules, as applicable in the case.

4. These AAOs may be relieved immediately but not later than 01-08-2013. The relief of the officer shall also not be deferred on the ground that a representation has been submitted for change of place of posting or on the ground that reliever has not reported/ been posted. It may be brought to the notice of the officer that no representation for change of posting etc will be entertained in any case as all efforts have been made to accommodate individuals at choice stations keeping in view the grounds mentioned in their respective representations to the extent possible. Controllers may also ensure that representations are not unduly forwarded.

5. After promoting the officer. Immovable Property Return (IPR) of the officer, as on date of promotion to the Accounts Officer’s grade, duly verified, may also be forwarded within 1 5 days from the date of reporting.

6. Par-11 Office Orders regarding relief / promotion of the officer may please be notified in the under mentioned format and copy endorsed to Admin-II Section of Hqrs office.

7. All the completed APARs / MTPARs (in original) in respect of the officer which became due after the CR dossier of the AAO was sent for DPC to this Hqrs, may please be forwarded to this HQ immediately after relieving  / promoting the officer.

8. Receipt of this communication may please be acknowledged.

sd/-
(Richa Misra)
Sr. Dy. CGDA (Admn.)

Source : www.cgda.nic.in
[http://cgda.nic.in/admin/promotion_aao_to_ao.pdf]

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