No.22011/5/2013-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
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Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
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North Block, New Delhi
Dated the 9th May, 2014
Dated the 9th May, 2014
OFFICE MEMORANDUM
Subject:- Procedure to be observed by
Departmental Promotion Committees (DPCs) – Assessment of entries and
gradings in ACRs/APARs – Reg.
The undersigned is directed to invite
reference to this Department’s OM No.22011/5/86-Estt.D dated 10th April
1989 as modified from time to time wherein detailed guidelines on
Departmental Promotion Committees (DPCs) has been provided. As per
extant instructions and rulings of Hon’ble Supreme Court in various
court cases, the Departmental Promotion Committees enjoy full discretion
to devise their own methods and procedures for objective assessment of
the suitability of the candidates who are to be considered by them. Para
6.2.1 of the OM dated 10th April 1989 provides that the Confidential
Rolls (now APARs) are the basic inputs on the basis of which assessment
is to be made by each DPC. The evaluation of CRs (now APARs) should be
fair, just and non-discriminatory.
2. In terms of this Department’s OM
No.35034/7/97-Estt.(D) dated 8th February 2002, the DPC is required to
determine the merits of those being assessed for promotion with
reference to the prescribed bench-mark and accordingly grade the
officers as ‘fit’ or ‘unfit’ only. Only those who are graded ‘fit’ i.e.
who meet the prescribed bench-mark by the DPC shall be included and
arranged in the select panel in order to their inter-se seniority in the
feeder grade. Those officers who are graded ‘unfit’ in terms of
prescribed bench-mark by the DPC shall not be included in the select
panel. There is no supersession in promotion among those who are graded
‘fit’ by the DPC.
3. Further, all the Ministries /
Departments have time and again been advised by this Department to
ensure compliance of instructions on mandatory provisions regarding
proper disposal of representations on adverse remarks/below bench-mark
gradings contained in the APARs in a quasi-judicial manner as prescribed
in this Department’s OM No.21011/1/12005-Estt(A) (Pt.II) dated
14.05.2009, OM No.21011/1/2010-Estt.A dated 13.4.2010 and OM
No.21011/1/2005-Estt.A(Pt.II) dated 19.05.2011 before placing the same
for consideration of the DPC. These provisions have been reiterated vide
this Department’s O.M. No.21011/1/2005-Estt.(A)(Part.III) dated 31st
January, 2014 and all the Cadre Controlling Authorities, Ministries/
Departments have been advised to ensure compliance of these provisions
before sending proposals for consideration of DPCs.
4. It has been brought to the notice of
this Department that in certain cases the Departmental Promotion
Committees while assessing suitability of officers have given
recommendations as ‘unfit’ on grounds including non-fulfilment of
procedural requirements of disposal of representations preferred on
entries / gradings in APAR.
5. It is reiterated that in discharge of
its statutory functions the respective DPCs are required to determine
the merits of those being considered for promotion with reference to the
prescribed bench-mark, by making its own assessment, on the basis of
the entries and gradings contained in the APARs and other relevant
material facts placed before it, and accordingly grade the officers as
‘fit’ or ‘unfit’. Relevant material would inter alia include the orders
of the competent authority on the representation of the Government
servant on the entries/ grading in APAR. In the event of the DPC
deciding not to take cognizance of such an order, on the ground that the
same is not a speaking order, the DPC shall make its assessment based
on the entries in APAR and other material including the representation
of the Government servant. The DPCs should substantiate its assessment
by giving justifiable and sustainable reasons including the cases where
the assessment of the DPC is different from the grading in APAR
(original or amended after representation by the Government servant).
6. All the Ministries/ Departments are
requested to give wide circulation to this OM and to ensure that extant
guidelines on the subject are followed scrupulously.
(Mukta Goel)
DIRECTOR (E.I)
Tele: No. 23092479
Source-http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_5_2013-Estt.D-09052014.pdfDIRECTOR (E.I)
Tele: No. 23092479