Guidelines on treatment of effect of penalties on promotion - role of Departmental Promotion Committee

Guidelines on treatment of effect of penalties on promotion - role of Departmental Promotion Committee.

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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Central Government paves way for employees timely promotions

Central Government paves way for employees timely promotions

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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Timely and advance action in convening of Departmental Promotion Committee meeting in terms of Model Calendar

Timely and advance action in convening of Departmental Promotion Committee meeting in terms of Model Calendar

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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Procedure for conduct of supplementary DPC – Dopt issued orders with illustration

Procedure for conduct of supplementary DPC – Dopt issued orders with illustration

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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Dopt Orders: Model Calendar for the Departmental Promotion Committees

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

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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Granting of fixation benefit in cases of promotion from one post to another where the promotional post carries the same grade pay as the feeder post

Granting of fixation benefit in cases of promotion from one post to another where the promotional post carries the same grade pay as the feeder post – IT Department

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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