22011_5_86_Estt(D)

Departmental Promotion Committees: Consolidated Instructions

Office Memorandum - April 10, 1989

• The Department of Personnel and Training issued consolidated instructions regarding the constitution, functioning, and procedures of Departmental Promotion Committees (DPCs) in O.M. No. 22011/6/75-Estt. (D), dated December 30, 1976.
• Subsequent instructions have clarified/modified certain aspects of the procedure.
• The various instructions have been updated and consolidated into "Guide Lines on Departmental Promotion Committees."

Guidelines on Departmental Promotion Committees

Part I: Functions and Composition of Departmental Promotion Committees

Functions of DPCs

• A post is filled by promotion when the Recruitment Rules specify.
• Promotions require objective and impartial consideration of candidates' suitability.
• Departmental Promotion Committees (DPCs) should be formed in each Ministry/Department/Office when promotions/confirmations are made. DPCs assess officer suitability for:
  • Promotions to 'selection' and 'non-selection' posts.
  • Confirmation in respective grades/posts.
  • Assessing probationers' work and conduct to determine suitability for retention, discharge, or probation extension.
  • Considering Government servants for crossing the Efficiency Bar.

Composition of DPCs

• Members of DPCs for Group A & B posts must be officers at least one step above the posts for which promotion/confirmation is considered.

• Pay Scale and Minimum Status of Officers in DPC:

  • Rs. 2200-4000 or equivalent: Officers of Deputy Secretary to the Government of India rank or above.
  • Rs. 3000-4500 or equivalent: Officers of Director to the Government of India rank or above.
  • Rs. 3700-5000 or equivalent, Rs. 4100-5300 or equivalent, Rs. 4500-5700 or equivalent, Rs. 5100-5700 or equivalent, Rs. 5900-6700 or equivalent: Joint Secretary to the Government of India rank or above/ Secretary/Additional Secy. of the Department/ Ministry should invariably be one of the members of the DPCs.

• The Union Public Service Commission (UPSC) should be associated with DPCs for Group A Central Civil Services/posts where promotion is based on selection, unless the Government decides otherwise.

• UPSC association is not required for Group A posts if promotion is based on seniority-cum-fitness.

• The Commission doesn't need to be associated with confirmation DPCs but the proceedings have to be sent to the Commission for their approval. Cases of officers not considered fit for confirmation should be specifically referred.

• When the UPSC is associated with a DPC, the Chairman or a Member of the Commission will preside at the meeting.

• For Group C & D posts, the Chairman should be an officer of high level and one member of DPC should be associated with another department. The other members should be familiar with the person whose suitability is to be assessed. The external member should be of an appropriate level and possess requisite technical competence for technical posts.

• Efforts should be made to nominate an SC/ST officer on the DPC, especially for bulk selections (30+ vacancies).

• For Group A and B Services/posts, if the recruitment rules do not include a SC or ST officer, one should be co-opted if available within the Ministry/Department or taken from another Ministry/Department.

• The composition of the DPC for considering the cases of Government servants for crossing the EB in a time scale of pay should be the same as the DPC constituted for considering the cases of confirmation of the Government servants concerned with the only change that the UPSC need not be associated for considering EB cases.

Part II: Frequency of Departmental Promotion Committee Meetings

• DPCs should convene at regular annual intervals to draw panels for promotions against vacancies occurring during the year.
• Appointing authorities should initiate action to fill existing and anticipated vacancies well in advance of the previous panel's expiry, gathering relevant documents (CRs, integrity certificates, seniority list, etc.).
• DPCs can be convened every year on a fixed date (e.g., 1st April or May).
• Ministries/Departments should establish a time schedule for holding DPCs under their control and monitor said schedule by assigning an officer to oversee cadre authorities' compliance.
• DPC meetings should not be delayed or postponed due to recruitment rule reviews/amendments.
• Vacancies are filled according to recruitment rules in force on the vacancy date, unless rules made subsequently have retrospective effect.
• Amendments to recruitment rules are normally prospective; existing vacancies should be filled as per current recruitment rules.
• Annual DPC meetings can be dispensed with only after the appointing authority certifies that there are no vacancies to be filled by promotion or no officers are due for confirmation during the year in question.

Part III: Preparatory Action for Holding Departmental Promotion Committees

Determination of Regular Vacancies

• The number of vacancies for which a DPC prepares a panel should be estimated accurately.
• Consider clear vacancies arising from death, retirement, resignation, long-term promotion/deputation, or creation of additional long-term posts.
• Only deputations exceeding one year should be considered, noting the number of deputationists likely to return.
• Short-term vacancies due to leave or short deputations/training should not be considered.
• If there have been delays in holding DPCs, vacancies should be indicated year-wise separately.

Papers for Consideration by DPCs

• For promotions, proposals should follow the proforma in Annexure-I; for confirmations, use Annexure-II.
• These proforma should be completed and submitted to the DPC, whether the UPSC is associated or not.
• When a UPSC member attends, necessary documents should be sent to the Commission with the request to nominate one of their members to preside over the DPC.
• Papers should be complete (per the Check List in Annexure-III) and sent in good time.
• No DPC or Selection Committee proposal should be sent to UPSC until all ACRs are complete and up-to-date - propose if at least 90% of the ACRs are uptodate and complete.
• ACR dossiers should be kept up to date, for timeley DPC meetings. The officer referred in para 3.1 should also be responsible for monitoring the completion of the ACR dossiers.

ACR Availability Verification

• The ACR folder should be verified to check ACR availability for individual years; use the proforma enclosed in Annexure-IV.
• If an ACR is unavailable and cannot be obtained for valid reasons, a certificate should be recorded and placed in the ACR folder.

Integrity Certificate

• An integrity certificate should be provided to the DPC for promotion/confirmation cases:

  "The records of service of the following officers who are to be considered for promotion/confirmation in the grade have been carefully scrutinised and it is certified that there is no doubt about their integrity".

• If any eligible candidate's integrity is suspect, it should be specifically recorded and brought to the DPC's notice.

• Where the UPSC is associated with the DPC the certificate will be recorded by an officer not below the rank of a Deputy Secretary to the Government. Where UPSC is not associated the officer-in-charge of the Administration section in Ministry/Department/Office concerned who processes and submits names and particulars of eligible officers to the DPC should himself record the certificate.

• Information furnished to the UPSC/DPC should be factually correct and complete; incorrect information should be investigated, and appropriate action taken against the responsible person.

Consideration of Officers on Deputation

• Officers on deputation (own volition or public interest, including foreign service) should be included in the DPC list for promotion if they fall within the field of choice and meet eligibility conditions.
• Officers on deputation should also be included in the list for confirmation if they are eligible and within the range of seniority.
• Service rendered on deputation/foreign service should be treated as comparable service in the parent department for promotion eligibility.
• This is conditional on the deputation/foreign service having competent authority approval and on competent authority certifying that the officer would have held the relevant post in the parent department but for deputation/foreign service; this certificate is not necessary if the officer substantively held the departmental post.

Consideration of Officers on Study Leave

• Officers on study leave should be treated like officers on deputation if the study leave was duly sanctioned and the competent authority certifies that the officer would have continued to officiate but for the study leave. Such a certificate would not be necessary if he was holding the said departmental post substantively.
• These instructions also apply to Government servants granted special leave for training abroad under various schemes.

Consideration of Direct Recruits

• A Government servant recommended for a direct recruit post may also be eligible for promotion to the same post.
• An officer does not lose consideration for promotion because of direct recruitment recommendation.
• If within the field of eligibility, such officers should be included in the DPC list unless holding the lower post temporarily and appointed to the higher post as a direct recruit before the DPC meeting date.

Reservation for SCs/STs

• Instructions regarding reservations and concessions to SCs and STs in promotions and confirmations should be followed by appointing authorities.

Part IV: Procedure to be Observed by Departmental Promotion Committees

• Each Departmental Committee should decide its method and procedure for objective assessment of the suitability of the candidates. No interviews should be held unless specifically provided for in the recruitment rules for the post/service. Necessary provision should be made in the recruitment rules.

Selection Method

• When promotions are by selection (per recruitment rules), the DPC restricts the field of choice based on the number of clear regular vacancies proposed to be filled in the year:

  • No. of vacancies : No. of officers to be considered
  • 5 : 3 times the number of vacancies

• DPCs have discretion to devise their own assessment methods. Greater selectivity in matters of promotions with uniform procedures using fresh guidelines.

• Merit should be recognized and rewarded, not a matter of course, but earned through hard work, good conduct, and result oriented performance reflected in annual confidential reports and strict selection process.

• While "Average" may not be an adverse remark, it's not complimentary; it represents routine and undistinguished performance. Recognition and rewards should be reserved for above average and noteworthy performance.

Confidential Reports

• Confidential Rolls (CRs) are basic inputs for DPC assessments; CR evaluations should be fair, just, and non-discriminatory.
  • The DPC should consider CRs for an equal number of years for all officers considered for promotion (subject to exceptions).
  • Assess suitability based on the service record, with particular reference to CRs for the 5 preceding years. (If the required qualifying service is more than 5 years, the DPC should see the record with particular reference to the CRs for the years equal to the required qualifying service).
  • (If more than one CR has been written for a particular year, all the CRs for the relevant year shall be considered together as the CR for one year).
  • If CRs are missing for any reason during the relevant period, the DPC should consider CRs from preceding years. If those are unavailable, take CRs from the lower grade to complete the required number of CRs. If this is also not possible, all available CRS should be taken into account.
  • If an officer is officiating in the next higher grade and has earned CRs in that grade, their CRs in that grade may be considered by the DPC in order to assess his work, conduct and performance, but no extra weightage may be given merely on the ground that he has been officiating in the higher grade.
  • The DPC should not be guided merely by the overall grading in the CRs but should make its own assessment on the basis of the entries in the CRs.
  • If the Reviewing authority or the Accepting authority as the case may be has over-ruled the Reporting Officer or the Reviewing authority as the case may be, the remarks of the latter authority should be taken as the final remarks. If the remarks of the Reporting Officer, Reviewing authority and Accepting authority are complementary to each other and one does not have the effect of over-ruling the other, then the remarks should be read together and the final assessment made by the DPC.
• Overall grading should be given from Out-standing to Unfit.
• Before making the overall grading after considering the CRs for the relevant years, the DPC should take into account whether the officer has been awarded any major or minor penalty or whether any displeasure of any superior officer or authority has been conveyed to him as reflected in the ACRs. The DPC should also have regard to the remarks against the column on integrity.
• The list of candidates considered by the DPC and the overall grading assigned to each candidate, would form the basis for preparation of the panel for promotion by the DPC. The following principles should be observed in the preparation of the panel:
  • Having regard to the levels of the posts to which promotions are to be made, the nature and importance of duties attached to the posts, a bench mark grade would be determined for each category of posts for which promotions are to be made by selection method. For all Group 'C', Group 'B' and Group 'A' posts up to (and excluding) the level of Rs.3700-5000 excepting promotions for induction to Group 'A' posts or from lower groups, the bench mark would be 'Good'. All officers whose overall grading is equal to or better than the bench mark should be included in the panel for promotion to the extent of the number of vacancies. They will be arranged in the order of their inter se seniority in the lower category without reference to the overall grading obtained by each of them provided that each one of them has an overall grading equal to or better than the bench mark of 'Good'.
  • Wherever promotions are made for induction to Group 'A' posts or Services from lower groups, the bench mark would continue to be 'Good '. However, officers graded as 'Outstanding' would rank en bloc senior to those who are graded as 'Very Good' and officers graded as 'Very Good' would rank en bloc senior to those who are graded as 'Good' and placed in the select panel accordingly up to the number of vacancies, officers with same grading maintaining their inter se seniority in the feeder post.
  • In respect of all posts which are in the level of Rs.3700-5000 and above, the benchmark grade should be 'Very Good'. However, officers who are graded as 'Outstanding' would rank en bloc senior to those who are graded as 'Very Good' and placed in the select panel accordingly up to the number of vacancies, officers with same grading maintaining their inter se seniority in the feeder post.
• Appointments from the panel shall be made in the order of names appearing in the panel for promotion.
• If there are not sufficient officers within the zone those with the required benchmark will be placed and a fresh D.P.C. by considering the required number of officers beyond the original zone of consideration should be held.
• In promotions by selections to posts/services within Group 'A' which carry an ultimate salary of Rs. 5700/- p.m. in the revised scale, the SCS/STS officers, who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list has to be drawn up, would notwithstanding the prescription of 'benchmark' be included in that list provided they are not considered unfit for promotion.
• In promotion by selection to posts/services in Group 'B' within Group 'B' and from Group 'B' to the lowest rung in Group 'A', selection against vacancies reserved for SCs and STS will be made only from those SCS/STs officers, who are within normal zone of consideration prescribed vide the Department of Personnel and A.R. O.M. No. 22011/3/76-Estt. (D) dated 24th December, 1980. Where adequate number of SCS/STs candidates are not available within the normal field of choice, it may be extended to five times the number of vacancies and the SCS/STs candidates coming within the extended field of choice should also be considered against the vacancies reserved for them. If candidates from SCS/STs obtain on the basis of merit with due regard to seniority, on the same basis as others, a lesser number of vacancies than the number reserved for them, the difference should be made up by selecting candidates of these communities, who are in the zone of consideration, irrespective of merit and 'bench mark' but who are considered fit for promotion.
• As regards promotions made by selection in Group 'C' and Group 'D' posts/services, Select Lists of SCS/STs officers should be drawn up separately in addition to the general select list, to fill up the reserved vacancies. SCS/STS officers who are within the normal zone of consideration, should be considered for promotion along with and adjudged on the same basis as others and those SCs and STs amongst them, who are selected on that basis may be included in the general Select List in addition to their being considered for inclusion in the separate Select Lists for SCs and STs respectively. In the separate Select Lists drawn up respectively for SCs and STs, officers belonging to the SCs and STs will be adjudged separately amongst themselves and not along with others and, if selected, they should be included in the concerned separate list.

Preparation of Yearwise Panels

• Where, for reasons beyond control, the DPC could not be held in an year(s), even though the vacancies arose during that year (or years), the first DPC that meets thereafter should follow the following procedures:
  • Determine the actual number of regular vacancies that arose in each of the previous year(s) immediately preceding and the actual number of regular vacancies proposed to be filled in the current year separately.
  • Consider in respect of each of the years those officers only who would be within the field of choice with reference to the vacancies of each year starting with the earliest year onwards.
  • Prepare a 'Select List' by placing the select list of the earlier year above the one for the next year and so on;
• Where a DPC has already been held in a year further vacancies arise during the same year due to death, resignation, voluntary retirement etc. or because the vacancies were not intimated to the DPC due to error or omission on the part of the Department concerned, the following procedure should be followed:-
  • Vacancies due to death, voluntary retirement, new creations, etc., clearly belonging to the category which could not be foreseen at the time of placing facts and material before the DPC. In such cases, another meeting of the DPC should be held for drawing up a panel for these vacancies as these vacancies could not be anticipated at the time of holding the earlier DPC. If, for any reason, the DPC cannot meet for the second time, the procedure of drawing up of year-wise panels may be followed when it meets next for preparing panels in respect of vacancies that arise in subsequent year(s).
  • In the second type of cases of non-reporting of vacancies due to error or omission (i.e. though the vacancies were there at the time of holding of DPC meeting they were not reported to it) results in injustice to the officers concerned by artificially restricting the zone of consideration. The wrong done cannot be rectified by holding a second DPC or preparing an year-wise panel. In all such cases, a review DPC should be held keeping in mind the total vacancies of the year.
• For the purpose of evaluating the merit of the officers while preparing year-wise panels, the scrutiny of the record of service of the officers should be limited to the records that would have been available had the DPC met at the appropriate time. For instance for preparing a panel relating to the vacancies of 1978 the latest available records of service of the officers either up to December 1977 or the period ending March, 1978 as the case may be, should be taken into account and not the subsequent ones. However, if on the date of the meeting of the DPC, departmental proceedings are in progress and under the existing instructions sealed cover procedure is to be followed, such procedure should be observed even if departmental proceedings were not in existence in the year to which the vacancy related. The officer's name should be kept in the sealed cover till the proceedings are finalised.
• While promotions will be made in the order of the consolidated select list, such promotions will have only prospective effect even in cases where the vacancies relate to earlier year(s).

Non-Selection Method

• Where promotions are to be made on 'non-selection' basis according to Recruitment Rules, the DPC need not make a comparative assessment of the records of officers and it should categorise the officers as 'fit' or 'not yet fit' for promotion on the basis of assessment of their record of service. While considering an officer 'fit', guidelines in para 6.1.4. should be borne in mind. The officers categorised as 'fit' should be placed in the panel in the order of their seniority in the grade from which promotions are to be made.

Confirmation

• In the case of confirmation, the DPC should not determine the relative merit of officers but it should assess the officers as 'Fit' or 'Not yet fit' for confirmation in their turn on the basis of their performance in the post as assessed with reference to their record of service.

Probation

• In the case of probation, the DPC should not determine the relative grading of officers but only decide whether they should be declared to have completed the probation satisfactorily. If the performance of any probationer is not satisfactory, the DPC may advise whether the period of probation should be extended or whether he should be discharged from service.
  *

Efficiency Bar

• The DPC constituted for considering cases of Government servants for crossing the EB need not sit in a meeting but may consider such cases by circulation of papers. The DPC may consider such cases on the basis of up-to-date records of performance, results of a written test and/or trade test, if any, prescribed by the administrative Ministry. The DPC may recommend whether the officer concerned is 'Fit' or 'Not yet fit' to cross the Efficiency Bar. The review of the case of a Government servant who has been held up at the EB stage on the due date should also be done in accordance with the same procedure by the DPC.

Procedure for Government Servants Under Cloud

• When considering Government servants for promotion, the DPC should be specifically informed of those in the consideration zone who:
  • Are under suspension;
  • Have pending disciplinary proceedings or a decision to initiate them;
  • Have pending criminal charges or sanctioned/decided prosecution; and
  • Are under investigation for corruption, bribery, or similar misconduct by the CBI or other agency.
• The D.P.C. shall assess the suitability of the Government servants coming within the purview of the circumstances mentioned above along with other eligible candidate without taking into consideration the disciplinary case/criminal prosecution, pending or contemplated, against them or the investigation in progress. The assessment of the DPC, including "Unfit for Promotion", and the grading awarded by it will be kept in a sealed cover. The cover will be superscribed 'Findings regarding suitability for promotion to the grade/post of in respect of Shri (name of the Government servant). Not to be opened till the termination of the disciplinary case/criminal prosecution against Shri. The proceedings of the DPC need only contain the note "The findings are contained in the attached sealed cover". The authority competent to fill the vacancy should be separately advised to fill the vacancy in the higher grade only in an officiating capacity when the findings of the DPC in respect of the suitability of a Government servant for his promotion are kept in a sealed cover.
• The same procedure outlined in para 11.2 above will be followed by the subsequent Departmental Promotion Committees convened till the disciplinary case/criminal prosecution pending or contemplated against the Government servant concerned is concluded.

Adverse Remarks in Confidential Report

• If the officer concerned has not been informed of adverse remarks in their Confidential Report, the DPC should note this when assessing suitability for promotion/confirmation.
• Where a decision on the representation of an officer against adverse remarks has not been taken or the time allowed for submission of representation is not over, the DPC may in their discretion defer the consideration of the case until a decision on the representation.

Penalties

• An officer whose increments have been withheld or who has been reduced to a lower stage in the time scale, cannot be considered on that account to be ineligible for promotion to the higher grade as the specific penalty of withholding promotion has not been imposed on him. The suitability of the officer for promotion should be assessed by the DPC as and when occasions arise for such assessment. In assessing the suitability, the DPC will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of the general service record of the officer and the fact of the imposition of the penalty he should be considered suitable for promotion. However, even where the DPC considers that despite the penalty the officer is suitable for promotion, the officer should not be actually promoted during the currency of the penalty.
• The DPC should record in their minutes a certificate that the Department/Ministry/Office concerned has rendered the requisite integrity certificate in respect of those recommended by the DPC for promotion/confirmation.

Validity of Proceedings

• The proceedings of the Departmental Promotion Committee shall be legally valid and can be acted upon notwithstanding the absence of any of its members other than the Chairman provided that the member was duly invited but he absented himself for one reason or the other and there was no deliberate attempt to exclude him from the deliberation of the DPC and provided further that the majority of the members constituting the Departmental Promotion Committee are present in the meeting.

Part V: Processing and Implementation of DPC Recommendations

• DPC recommendations are advisory and require approval by the appointing authority.
• The appointing authority shall consult all concerned as indicated below, without undue delay.

Consultation with UPSC

• The recommendations of the DPC whether it included a Member of the UPSC or not should be referred to the Commission for approval, if:
  • Consultation with the Commission is mandatory under Article 320(3) of the Constitution, read with UPSC (Exemption from Consultation) Regulations, 1958. However, a refernece may be made to the Regulations, as and when necessary.
  • The Member of the Commission who presides over the DPC specifically desires that the Commission should be consulted.

Approval of ACC

• Posts falling within the Appointments Committee of the Cabinet's purview also require ACC approval.

Procedure When Appointing Authority Disagrees

• When the appointing authority disagrees with DPC recommendations, the following applies:

  • If UPSC is associated, DPC recommendations are treated as UPSC recommendations and procedure for overruling UPSC recommendations should be followed.
  • For DPC recommendations without UPSC representation:
    • If the appointing authority (lower than the President of India) disagrees, they should indicate the reasons and refer the matter back to the DPC for reconsideration. In case the DPC reiterates its earlier recommendations, giving also reasons in support thereof, the appointing authority may accept the recommendations, if the reasons adduced by the DPC are convincing; if that authority does not accept the recommendations of the DPC it shall submit the papers to the next higher authority with its own recommendations . The decision of the next higher authority shall be final.
    • Where the appointing authority is the President of India, the recommendations of the DPC should be submitted to the Minister in Charge of the Department concerned for acceptance or otherwise of the recommendations. In case the circumstances do necessitate, the Minister may refer the matter again to the DPC for reconsideration of its earlier recommendations. If the DPC reiterates its earlier recommendations giving also reasons in support thereof, the matter should be placed before the Minister for his decision. The decision taken by the Minister either to accept or to vary the recommendations of the DPC shall be final.

• In cases excepting those which require the approval of the Appointments Committee of the Cabinet the appointing authority should take a decision either to accept or disagree with the recommendations of the DPC within a time-limit of three months (from the date of the DPC meeting or the date of communication of the UPSC's approval to the panel, where such approval is required). Where the appointing authority proposes to disagree with the recommendations , the relevant papers should be submitted by the appointing authority to the next higher authority with its own recommendations cases in which the UPSC is associated with the DPC and the appointing authority proposes to disagree with the recommendations of the DPC, the case should be forwarded Lby the expiry of the period of three months. In those to the Establishment Officer in the Department of Personnel and Training for placing the matter before the Appointments Committee of the Cabinet as soon as possible and, in any case, not later than three months from the date on which the validity of the panel commences.

• Where the panel prepared by the DPC requires the approval of the A.C.C, proposals therefor along-with the recommendations of the Minister-in-Charge should be sent to the Establishment Officer before expiry of the same time-limit of three months.

Implementation and Vigilance Clearance

• Before promotion or confirmation, Vigilance Section clearance from the Office/Department should be obtained to ensure no pending disciplinary proceedings.

Order of Promotions

• Promotions should be generally made in the order of names on the panel.
• Exceptions may be necessary with a large number of vacancies, convenient/desirable postings, or short-term vacancies.

Direct Recruitment and Promotion

• If a person is on both the promotion and direct recruitment panels for the same higher post, appointment should be based on whichever turn comes earlier.

Promotion of Officers on Deputation

• If a panel includes an officer on deputation/foreign service/study leave, provision should be made for regaining temporarily lost seniority in the higher grade upon return to the cadre. Therefore, such an officer need not be reconsidered by a DPC, if any, subsequently held, while he continues to be on deputation/foreign service/study leave so long as any officer junior to him in the panel is not required to be so considered by a fresh DPC irrespective of the fact whether he might or might not have got the benefit of proforma promotion under the NBR.
• If the officer is serving on an ex-cadre post on his own volition by applying in response to an advertisement, he should be required to revert to his parent cadre immediately when due for promotion, failing which his name shall be removed from the panel. On his reverting to the parent cadre after a period of two years he will have no claim for promotion to the higher grade on the basis of that panel. He should be considered in the normal course along with other eligible officers when the next panel is prepared and he should be promoted to the higher grade according to his position in the fresh panel. His seniority, in that event, shall be determined on the basis of the position assigned to him in the fresh panel with reference to which he is promoted to the higher grade. (If the panel contains the name of an officer on study leave, he should be promoted to the higher post on return from the study leave according to his position in the panel and not on the basis of the date of promotion).

Efficiency Bar (EB) Cases

• Recommendations of the DPC in the case of Government servants for crossing the EB have to be considered by the authority competent to pass an order under FR 25. Where a Government servant who has been held up at the EB stage on the due date on account of unfitness to cross the EB is allowed to cross the EB at a later date, as a result of subsequent review of his case by the DPC, the increment next above the EB shall be allowed to him from the date of such order to cross EB. Where it is proposed to fix his pay at a higher stage taking into account the length of service from the due date for crossing the EB, the case should be referred to the next higher authority for a decision. Instructions regarding overruling of recommendation of DPC for promotion/confirmation would apply in this case also.

Sealed Cover Cases

• If the proceedings of a DPC for promotion contain findings in a sealed cover, on the conclusion of the disciplinary case/ criminal prosecution, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated, the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior-most officiating person. He may be promoted notionally with reference to the date of promotion of his junior but he will not be allowed any arrears of pay for the period preceding the date of actual promotion.
• If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him.
• It is necessary to ensure that the disciplinary case/criminal prosecution instituted against any Government servant is not unduly prolonged and all efforts to finalise expeditiously the proceedings should be taken so that the need for keeping the case of a Government servant in a sealed cover is limited to the bearest minimum. The appointing authorities concerned should review comprehensively the case of a Government servant whose suitability for promotion to a higher grade has been kept in a sealed cover on the expiry of 6 months from the date of convening the first DPC which had adjudged his suitability and kept its findings in the sealed cover. Such a review should be done subsequently also every six months. The review, should, inter-alia, cover the following aspects:
  • The progress made in the disciplinary proceedings/criminal prosecution and the further measures to be taken to expedite their completion.
  • Scrutiny of the material/evidence collected in the investigations to take a decision as to whether there is a prima-facie case for initiating disciplinary action or sanctioning prosecution against the officer.
• If, as a result of the review, the appointing authority comes to a conclusion in respect of cases covered by item (ii) above that there is no case for taking action against the Government servant concerned, the sealed cover may be opened and he may be given his due promotion with reference to the position assigned to him by the DPC.
• The procedure outlined in the preceding paras should also be followed in considering the claim for confirmation of an officer under suspension etc.

Ad-hoc Promotion

• Despite six-monthly reviews, disciplinary/criminal proceedings may extend beyond two years from the first DPC meeting. In such cases, the appointing authority may review the case (if the officer is not under suspension) to consider ad-hoc promotion, considering:-

  • Whether the promotion of the officer will be against public interest;
  • Whether the charges are grave enough to warrant continued denial of promotion;
  • Whether there is no likelihood of the case coming to a conclusion in the near future;
  • Whether the delay in the finalisation of proceedings, departmental or in a court of law, is not directly or indirectly attributable to the Government servant concerned; and
  • Whether there is any likelihood of misuse of official position which the Government servant may occupy after ad-hoc promotion, which may adversely affect the conduct of the departmental case/ criminal prosectuion.

• Consult the Central Bureau of Investigation where proceedings arose from their investigations.

• If the appointing authority concludes that ad-hoc promotion would not be against public interest, the case should be placed before the next regular DPC after the two-year period to decide suitability for ad-hoc promotion. When considering ad-hoc promotion, the D.P.C. should make its assessment on the basis of the totality of the individual's record of service without taking into account the pending disciplinary case/criminal prosecution against him. After recommending ad-hoc promotion, the promotion order should state:

  • The promotion is purely ad-hoc and confers no right to regular promotion; and
  • The promotion shall be "until further orders".

• The Government reserves the right to cancel the ad-hoc promotion and revert the Government servant.

• If the Government servant is acquitted on merits or fully exonerated in departmental proceedings, the ad-hoc promotion may be confirmed and treated as regular from the