21/11/2016 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

OFFFICE 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.

,1

6tA4

(G. Jayanthi)

Director

Tel. no. 2309 2479

All Ministries / Departments of the Government of India

Copy to:

(i)

The President's Secretariat, New Delhi

(ii)

The Vice- President's Secretariat, New Delhi

(iii)

The Prime Minister's Office, New Delhi

(iv)

The Cabinet Secretariat, New Delhi

(v)

The Rajya Sabha Secretariat, New Delhi

(vi)

The Lok Sabha Secretariat, New Delhi

(vii)

The Controller and Auditor General of India, New Delhi

(viii)

The Secretary, Union Public Service Commission

(ix)

The Secretary, Staff Selection Commission

(x)

All Attached offices under the Ministry of Personnel, Public Grievances and

Pensions

(xi)

All Officers and Section in the Department of Personnel & Training

(xii)

Establishment (D) Section, DoP&T (10 copies)

(xiii)

NIC for uploading on the website under

(a)

OM's / Orders —*Establishment —*Promotion; and

(b)

OMs / Orders —*Establishment —*CCS (CCA) Rules.

(Raj esh Sharma)

Under Secretary to the Govt. of India

Tel no. 2304 0340