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 10.4.1989].
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

Download DOPT OM No.22011/4/2007-Estt.(D) dated 21.11.2016

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DOPT OM on fixation of range of seniority (zone of consideration) for making addition to the Select List of PS Grade (Seniority Quota) of CSSS for the Select List Year 2014

Subject:- Fixation of range of seniority for promotion from PA to PS Grade of CSSS for Select List Year 2014 – reg. 

The, undersigned is directed to say that it has been decided to fix the range of, seniority(zone of consideration) for making addition to the Select List of PS Grade(Seniority Quota) of CSSS for the Select List Year 2014 as follows:-

3. All the Cadre Units of CSSS are requested to place the cases of the eligible PAs of CSSS who are covered within the ‘zone’ prescribed and who have not yet been included in the Select List of PS Grade of CSSS, before the Departmental Promotion Committee, to assess their fitness or otherwise for promotion to the PS Grade of CSSS. The recommendations of the Departmental Promotion Committee, along with vigilance clearance in respect of the eligible officer(s) concerned who are working in their cadres, including those who have been transferred from other cadres to their cadre, on their ad-hoc promotion to PS Grade of CSSS1 be furnished by the Cadre Units to this Department in the prescribed proforma (Annexure-1, II & III).

4. Cadre Units are also requested to furnish a list of officers, if any, figuring in the ‘zone’ who have already been promoted/debarred through earlier Select List(s), as in Annexure-I to Annexure -IV.

5. It may be ensured that data in respect of the officers are duly filled/ updated In the Web based Cadre Management. System of this Department before sending the DPC recommendation to this Department.

6. This Department vide OM No. 25/28/2014-CS.lf(A) dated 22.07.2015 have issued revised Rotational Transfer Policy in respect of CSSS officers. The revised policy stipulates the following parameters for transfer on promotion:-

(i) Ministries/Departments are categorized into category A and category B for posting/transfer (Annexure-Vll & VIII).

 

(ii) In Group ‘A’, certain Ministries/Departments qualify for a reduced tenure by one year (Annexure-lX.)

 

(iii) An officer on transfer shall ordinarily be posted from Group ‘A’ -> Group ‘B’ and Group

‘B’ -> Group ‘A’, if they have completed the prescribed tenure. However, the officers presently posted in Group ‘A’ Ministries/ Departments may opt for posting in the same Group. In that case on posting to Ministry/ Department in Group ‘A’ the tenure will be counted afresh. However, this option will not be available to officers currently posted in Group ‘B’ to remain in Group ‘B.

 

(iv) An officer who is to be transferred out from the current Ministry/ Department on completion of prescribed tenure may also be allowed option for posting in a Ministry/ Department where he earlier served subject to the condition that there is a gap of period which is equal to tenure prescribed for the post.

 

(v) Certain Ministries qualify for concession in tenure for posting by one year;

 

(vi) The policy provides a tenure of Eight years for PS grade in a particular Ministry/Department, including continuous tenure rendered in any other designation in the same Ministry/ Department;

 

(vii) On promotion, an officer at any level shall be posted out of the Ministry/Department if

he/she has served in the same Ministry/Department in any capacity for a period exceeding the prescribed tenure for the promotion post;

 

(viii) Officers who are due for superannuation within two years will be retained in the same Ministry/Department against an existing vacancy of the promotional post. In case of there being no vacancy of the promotional post then the officer will be transferred to another Ministry/Department;

 

(ix) Officers who are due for superannuation within six months will not be transferred as in

such a short period one cannot be expected to continue usefully in another Ministry/Department. Further, such a transfer may result in delay of finalizing pension papers. Such as officer will be retained in the same Ministry/Department against an available vacancy of the promotional post. In the absence of a vacancy, the post held by him/her will be upgraded on personal basis by keeping one post in another Ministry/Department vacant so as not to exceed the cadre strength. On retirement the post will be revert to its original level;

 

(x) The Placement Committee will decide posting of officers on the basis of vacancy, seniority, preference, past postings etc.

7. Officials are requested to submit their option in the prescribed proforma (Annexure-Vl). Cadre wise updated vacancy position will be uploaded shortly,

8. The above information be furnished to this Department in the prescribed proforma latest by 31.08.2015.

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