Lok Sabha Question No. 1369 (UNSTARRED), answered on 2018-07-25
Subject: Violation of Promotion Rules
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: RAKSHA NIKHIL KHADSE

## GOVERNMENT OF INDIA MINISTR Y OF PERSONNEL , PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA UNSTARRED QUESTION NO. 1369 (TO BE ANSWERED ON 25.07.2018)

## VIOLATION OF PROMOTION RULES

## 1369. SHRIMATI RAKSHATAI KHADSE:

Will the PRIME MINISTER be pleased to state:

- a whether cases of violations of promotion rules by the States in case of All India Service officers creating anomaly in overall cadre of same batch have come to the notice of the Union Government;
- whether the Government has established 0 proposes to monitor such type of violations; and
- if so, the details thereof and the number of such cases which have come to notice the last three years and the current year; State-wise; during
- (d) if s0, the details thereof along with the guidelines and instructions issued in this from time to time? regard

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

(a) & (b): During the last three years and the current year; three cases of promotion without completing the mandatory length of service i.e. 25 years for Higher Administrative Grade in Pradesh; Karnataka and Rajasthan and one case of promotion without completing the mandatory length of service of 16 years for Super Time Scale in Punjab Cadre have come to the notice of the Department of Personnel and Training: No cases of violation of promotion Rules have been reported by the Ministry of Home Affairs and Ministry of Environment; Forest and Climate Change in respect of IPS and IFS officers respectively. Madhya

(c) & (d): Government of India issues instructions to the State Governments as well as inform the respective Accountant General to adhere to the respective Promotion Guidelines Copies of IAS and IPS Promotion Guidelines are enclosed.

REGARDNNG PROMQTION QF MEMBERS OF IHE NNDIAN ADMNNSTRATIVE SERVICE AND COMPOSITION QE DEPARTMENTAL PRQMQTION COMMITTEES

## APPOINTMENT TO SENIOR TIME SCALE

An officer is eligible for appointment to the Senior Time Scale 0n1 completion of 4 years' service; subject to the provisions of rule 6A 0f the IAS (Rectt:) Rules, 1954'\_ A Committee consisting of the Chief Secretary and two officers of atleast Supertime Scale level of the State Government concerned shall evaluate the performance of the eligible officers for deciding their suitability for promotion to posts in the Senior Time Scale? Subject to availability of posts, this scale can be allowed from January during the relevant year in which officers become eligible for this scale?

## II: APPONNTMENT TO THE JUNIOR ADMINISTRATIVE GRADE

An officer is eligible for appointment in the Junior Administrative Grade on completing 9 years of serviceThis is non-functional and shall be admissible without any screening; as matter of course; to all the officers of the Senior Time Scale from Ist January of the relevant year except in cases where any disciplinarylcriminal  proceedings are pending against the officer: grade

## III. APPOINTMENT TO THE SELECTION GRADE

An officer of the Junior Administrative Grade shall be eligible for appointment to the Selection Grade on completion of 13 years of service as per the proviso to rule 3(24) of the IAS (Pay) Rules; 1954. A Committee consisting of the Chief Secretary and two officers of the concered State Government; in the   Supertime Scale above, shall screen the eligible members of the Service for promotion in this This will be available from Or after 1s  January of the relevant year subject to availability of vacancies in this grade grade? grade

1.Rule 3, IAS (Pay) Rules; 1975.

3.DP&T's Letter No. 11030/15/97-AIS(II) dt: 15.10.97

2.DP&T's Letter No. 11030/20/75-AIS(II) dt: 27.12.75

4.DP &T's Letter No. 11030/22/91-AIS(II) dt: 16.3.93

## PROMOTION IN THE SUPERTIME SCALE

The members of the Service who are working in the Selection Grade and have completed 16 years of service" shall be eligible for appointment in the Supertime Scale at any time the of their eligibility. subject to availability of  vacancies in this The  Screening Committee to consider officers for promotion in this scale would consist of the Chief Secretary as Chairzan and 2 officers  working in the  grade of Principal Secretary within the State Government  concerned, as members. during year grade.

If, however; there is only one officer working in the of Principal Secretary to the Government available in the cadre; the senior-mnost Supertime Scale officer   available in the cadre may be included in the in the Committee. grade

## V PROMOTION IN THE FIRST ABOVE SUPERTIME SCALE i.e PRINCIPAL SECRETARY TO THE STATE GOVERNMENT.

The zone of consideration for promotion in this may consist of the Supertime Scale level officers who have completed 25 years service. Promotion of' officers  thus  cleared  could be  made at any time the relevant year; provided vacancies in this are available. The Screening Committee to consider officers for promotion in this scale will consist of the Chief Secretary as Chairman and one senior-most officer each working in the grades of Chief Secretary to the Government and Principal Secretary to the Govt. respectively in the cadre, as members. If an officer of the of Principal Secretary to the Government is not available in the cadre; the senior-most officer of the same level cadre working in the government of India may be taken as a member. grade during grade grade

## VI. PROMOTION IN THE GRADE OF CHIEF SECRETARY

The zone of consideration for promotion in this would consist of all the members of the Service who have completed 30 years of service. Appointment in this grade would be made from amongst the officers thus cleared, at any time during the relevant year and subject to the provisions of rule 97) of the I.A.S. (Pay) Rules, 1954. The Screening Committee for one  officer working in this grade in the cadre and another officer of the cadre serving in Government of India in the same grade grade.

To;

The Chief  Secretaries cf all States am writing this to invite your attention is guidelines on the above subject circulatted vide this inistry's letter No. 16011/39/89 IPS -Il, dated 28.04.1988 , tha existing guidelines and hava consolidaitte ihem in one Place ior the crder Jo in the Qf

- 2 country. It would
- 3 A copy of the revised   guldelines is sent  herewith which pleasa acknowledged

Yours faithfully,

- AIS (Il) dated 12.01.1999.

## t0; Copy

2. Joint Secretary (UT)

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## 30

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Generel 0f and where no cadre Director General and Inspector of the service who have "completed 4 years oi service; for deciding their suitebility Scale keeping in View the provisions of rule 64 for promotion to Senior Time Rules, 1954 and make suitable recomtiendations to the of the L.P.S: (Recruitment) This Scale shall be available irom or after the lst January of the State Govemment relevant year and subject to availability of vacancies in this post Police posts grade.

This all the oficers working In the Senior Tlme Scale who have completed 9 service, from lst Jenuary of the relevant years grade years

{Addl 13 years the IPS (Pay) Rules, 1954. On the basis of merit with due regard t0 genicrity. will be avallable from or after lst January o the relevant year Selection subject to the availability af vacancies in the said Post grade grade.

- Composition of the screening Committeas
- for Super Time Scale posts

Committee for this purpose (ior promotion to the grades DIG The Screening the one constituted ior Screening of oiicers for and IG) would be the same; Grade Committee for the Union Territories Cadre wculd promotion in the Selection comprise the Union Home Secreizry &s Joint Secretery in the Ministry of Home and Commissioner of Police; Delhl as members

- for of The Screering Committee equivalent Director General (I) one non-IPS oficer of ths rank of Police and (iu) an additional Chief is holding Independent charge of Horne (with rank Jot less than that of Additional Secretary to Secretary or Chief Secretary Government of India}: grade

## for the Above Super Time Scale posts

The zone posts

- would beas follows; dapending upon the avallability oi
- whe have complated 44
- in 18years % 2 setice put:
- Officers who have in 30 years Qf For promotion to the senice put
- Officers who have in 26 ysars of 3 For prcmotion to the Additional DGP seivice put
- t0 seniority in sub-rule 24 oi Rule (3) &i the Indian Police Service as provided (Pay) Rules; 1954. regard
- of officers to hold of and above the Selection Suitability evaluating their character Grade may be adjudged by whole and general assessment oi their work posts roll

## (D)

inciuded in the other then DG An ofiicer who has not baen reconsidereticn after earning in the first instance shoula be eligible For DG level,; reconsideretion could be after earning at least one more ACR panel reports:

Special review may subsequently as an Oiicer's annual confidential reports are of his representation 1 memorial: expunged result

## panel

2s scon &5 all the ciicsrs in A fresh should be prepared the earlier have been be considered batch-wise 1 considered for appointment to variaus are sugzested promotion are who have bsen impaneled despite & lapze years} panel shall Prcvided panei grades panel. yet but primaiacie against panei

General Principles

- 1

47 21

It should be ensured while makig that suitability di candidates promotions is considered in an Tor promotion ba referred whenever an promotions occasion arises for making et the . committees constituted and objective grades

- grades;
- and
- probationers tne

Panels a during authorities to initiate actich t anicipated advance &f tne expiry % the previous panel by collecting relerart documents Iike ACRs, Committees could be corvened Committee meetings and te their cificers watch t0 ensure that are heid regulariy; these meetings May tey need

3. 3.1 VACANCIES
2. U?
3. 41 For

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the ground thzt tne necessary materiai regular meetings of the Committee should 8 certificate has been issued the appointing  authority that there ara no oificers are due Tor promotion: confirmation during the year in questicn:

It is essential that tne numter &f vacancies in respect of which & Fanel is to be prepared  should estimated as grade due death; As regards vacaiicies 'arising 0 deputation chly Wacancies; created 23 8 a #a 8 year or Vecancles Should indicated year-wise separately.

The proposais should ta completed time: No prcposal for 3 should ba sent and date 'and complete) advanced as the reason for not holding the Committee meetings in time. should also ba responsible for monitoring tne complaticn of the ACR dossiers

4.3

5. 54

The ACR folder should be checked t0 whether the ACRs icr Jears are  aveilable the ACR 3 valid/justiable i made  available, a cerificate shouid te foider;

The integrity certiicate 6n tha lines the Committees constituted t0.conslder

{ollo-ing. are 80 the hape and complete in ank suitable taken . egainst t2 Person responsible for it

Ijs submitted tne Committea for consideration m the of consideration and fuku te the should alco be included 0 names to be considered ior conirmaticn in case are the range 0f seniority: condition becoring eligible they they Put

## 6 To 6.1

7. CONFIDZNTIAL

71

cf by 2n ciicar deputaticn shculd be treated Purposes promoticn as 35 confiration this is subject t0 condition that the deputation Is with tha apprcval oi competent authority and i i certified that but tor   deputation; ciiicer relevant grade in The cn study tha treining schemes treated as dutyfor all Furposes: Feriod would tne suitability ta candidates: While has to in am cmcer: carcer regarded 3 matter conduct result apd Whila cannot alzo regarded should ba regarded 39 routine and undistinguished the perfonmance that is abcie and performance that is really notexcrthy which should entitle an ciicer recognition and suitable rewards and ic

The anual Confidential Repcrts the basic inputs on the basis 0f which assessment is to be made by each Committee. the evaluation of ACRs ghouid be fair, just and nondiscriminatory. The Committee should consider ACRs falling within the zone 4

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for assessing where Cr While merely by the gracing {nat may pe Authority respectively; final appatent has ccme 3 highar due be 'read tcgether and {nal assessment ace on that basia guided ci

Before iaking the cverall gading; the Committee should talte Info account or peen conveyed him: the commendaticns received\_by the Zcer during his service career. The Cominitte? would also give due regard rerarks indicated integrity against

The Iist of candidates considered by the Committee and the overall zrading thus assighed to each candidate would form the basis jor preparation tne for promotion. penei

- 8 81 TEAR-WISE HAVE

82

PANELS EET FOR R

Where icr 2y reasons beyord yearts) though vacancies acse during that procedures indicated belcw.

vacancies that arcse in ezch ci 4h3 previcus year(s) imrediately  Precedirz and the actual number vacandas proposed to the filled in the current separately.

- the vacancies &f each vear starting

Where a Committee has already ITat in a year 2nz: durinz the same year;

- For vecancies belonging to the category which could and tha matter beicre Committee; ancther meeting ta 3 panel for tne vacancies thus arising Committee cpnnot meet fcr the second time, the prccedure in the subsequent year:
- In non reporting & vacancies dua t0 error or omission; since the wrong whereby such an error artificially restricted ihe Zon: consiceration cannot be Review DPC should mind tha total vacancies in te year:

## 9.1

## 10 101

11 To RESPECT OF CLcUD

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merit oi the cicers While preparing year-iise panels; the scrutiny the appropriate time date such meeting; department proceedings   against are In even preceedings were not ir existence in tte t0 Which the vacancy related Qiceis nama should be te sealed' till tha prcceedings a2 tinalized year

Prcmotlons relate t0 earlier years not

Comiittee should hot determine relative grading 0f ciilcers but only decide the perormance % any probationer is nct exterided cr whether he should discharged fror service.

such ciiicers in falling Linder the   follcwing categcrias should t0 tne notice the concerned Screening Committees:

112

## 12 121

- (a} Oificers uncer suspensicn;
- (b) Oificers in respect of wnom & Charge-sheet has been issuad and cisciplirary prcceecing: a perding;
- prcsecution for criminal charge

The Screening Committee shall asses the suitability cfthe ciicers coming within the purview of the circumstances mentioned above: elong cther eligible candidates, without takirg Into consideration cisciplinary Is Fending: The assessment cf tha including scaled schbed Tie CF TXE Tra procedure will adopted by ta subsequent Screening committees th? disciplinary case criminal prosecuticn against tre omcer concemed is concluded

Where adversa remark-s in tha Confidential Report tha cjiicer concemed have not been comimunicated to him, this fect should ba taken note & by tne Committee while  assessing the 'suitability cf the ofiicer for prcmoticn In a case where & decision on the representation of an oiicer against adverse remarks has not been taken Or the time allcwed submission representation is not over; the Committee may defer the consideration 0f tne caze until a decision on the representation Is arrived at

13 1341

441

considered On that Eccount 10 the promotion shculd occasiona arse. Tbay tke Into Wnposition & the penalty and whather in the   light ci Gverall Imposition % the penalty: he shguld ta where the Conimitiee considers tnat sculd

In sych cases and prcvided thatta Chainnan not 2ga shjoud be ansured tat #here' Was no\_ attempt exclude him the the Ccmmitte? are Present in iha meeting

Tha recommendations Committee are acvisory in nature and shoiild be duly placed tne appointing aythority for apprcval; Trere be appointing authority may tind necessary t disagree with recommendations, a meeting cf the Committee

15. VIGILANCE
2. 18 IN MADE
3. 07 17.1 17 On

15.

Where the appointing auticrity to disagrea Proposes the i to the may refer Committee for   reconsideration 0f their eaner recomiendations the Committe? relterates eanier recommendations giving elzo the reasons in support the appointing authority ill take a decision either t0 accept or to vary again or confiraticn ciiicers promotior the   coimittee t0 ensure apprcved by are that no disciplinary proceedings pending the Officerz concerned #gainst

panels for promotion are to be considered ior order 0 their position tne respactive panels: In cases where disciplinary court prcccedinga pending an cmicer. Tha to be adopted In Czses ci j except on deputation jn public including an who has go12 on made ior his regaining the temporarly iost promotion in tne higher return to the cadre: It hasto be borne In completion oi probation Feriod,Is not undergo any change   throughout their no impact their seniority: by a iresh committee; ii subsequently held; while he continues to be deputation / study leave / training This would be irrespective of the fact whetner of not he has the benaiit oi pro forma promotion under NER: grada' got

172

18 SEALED 181 CADES 1

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In case away deputation his volition Ey applyinz response he shculd be required to raver to his Parent cadre wren due for prcmotion; his shall panel: On his   reverting t0 tne parent 3 have na claim for Promotion to the highar grade On the basis Of that panel In that case: a considered in te normal course with other eligible and he should be promoted to the higrer in the failing along pronotion contain\_ in 2 sealed cover; cchclusion tha disciplinaty' caze 1 crimlhal prosecution, the sealed coveta shall ba tne due data deternined and may ba junior most omciating` 'Such promction 0f his junior and in these cases; the cmcer will ba bass Paid

oiicer 3 resuit t0 tha disciplinary Proceedings or i he is fcund gujlty In the crimina] prosecurion 2gainst the not be acted upon: His case prorotion may be considered by the next Screening Committee in the normhal course and regard to the penalty imiposed him Iri such the question # arrears will be decided by the Centrai Government by taking into him; findings having

## 19. 191 COVER CASZS

20 AD Hcc IN CAses WhERE PRCSECUTIONS ARE PROLONGED

20.1

of the cisciplinzry / criminal proceedings. Where the @cvernment denies arrears ci Or 0 it, the Teasons for salary part doing

It is recessary t0 ensura tnat the disciplinary case criminal  prosecution instituted against an cificer is not unduly prolonged and all ciforts to expeditiously finalise for Proceedings are taken so that the need for keeping the cases of cricers in sealed cover barest the appointing authorities concemed should comprehensively review such Cazes coriveninz ci the first screening which had\_edjucged hia suitability and kept its the Such 3 revie; should done subsequently also after every sx montns cover the prcgress Tade the proceedings 1 . criminal and further follcwved jor  considering confimation.

the AIl India Seivices to various grades i: made on regular basis and the concept af one time coniirmation exists in their cases, the concept of grant Qf ad hoc promotion is alien to them; Unlike Central Government Servants, ad hcc promotions are not be allowed in their cases even # cases criminai prosecutions instituted against them are found to have been prolonged In their cases, only six monthly review of their disciplinary / crimina} cases is to be undertaken and eiforts are to be made to expedite their completion:

21

PRCCZDURE To

21.1

221

23 23.1

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In tre cace cf ciicer recornended Tor promotion by the Screening Committee where any c te cincumstances mentioned in Par 11 abova beiore actual The subsequent Commitsa The sealed ccver on conciusjon 0f iha disciplinary case / criminal Frosecution; In case the omcerJs corpletely exonerited ha b? in 'Fara 18 abcve accprdingi criminal acted a In Para 182 abcve:

promoted This; tourse; exclude

Tha proceedings of any Committe? may be revie ed orily # the Committee had not taken all the material iacts into consideration materia] iacts Were not brought to their.notica or m there were them Speciel review may also be donz In cases #here adverse reniarks In tha oiicers ACRs are expunged as 2 result cf repcrts The Revie;; Committee should consider  only those onices whc eligibie as on the date of meeting &i any adverse relating to tne relevant Were toned dowm Or

23.2

considered crizinal acverse tze appointing wculd scrutinize the relevart cases with a View Committce is justiied, taking in mind down expunged while ccnsidering deierred case or review of the case cf a superseded oiicer, if the Committee tinds the Tit promotion if would place him at the appropriate place in {ne relevant remarks cr expunged remarks panel

If hava been promoted; the latter should ba promoted higher grade should pe reveited t case cf ccnfirmation, " the iicer concerned is recomiended conirmation on the basis &f review, he should be confirmed irom the due cate.

Sd}Section Oificer

To

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The Chief Secreiaries 0f

Sub Guidelines Promotion of L.PS offcers to Scale. JAG, Selection Supertime amvc Su: ctime {calcs grade.

Sir,

[ nuniber . dated therewith guidelines hevt furthcr bccn cxamincd and rcvicwed and it has-bccn dccic makc additional  provisions kccping in vicw thc functic al For thc purpose of promorion etc and administrative convenience guidel: rding and

- A thc  cvisting  glidclincs is case. further clarification is required that may be referred ta this Ministry.
- 3 The letter may please bc acknowledged.

(ATANU F

Police )

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12

## PROMQTION IQ\_THE JNQR AL 'MNSTRATIE GRADE

JAG GRADE Indicated in para IJ of guidoline:

milbvul urkung in Ihc Seruor Time Seale #ho lonuary ol thc In cise where any disiplinary. inal proceedings 2re

Sub-head following % (D=

- (E) Promotion lo thcsc gradcs may bc madc at an . of their eligibility'

## t0

Sub head (Mentioned 3 of Annerure )

Every vear instead of three years ) may be taken in the and other provisions will remain unchanged. pcriod panel

Anexur

Where-erer the #ord siximonthly revicu; ppeared in this sub-para it   shall sealed cover On {eting of &C. as expirv

- (d) more

hile considering Ihe names the names of those ho retifed but under the Zone of ak the other grade.

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Te

The Chief Seereiaries of

Subject: Indian Police Service Promotion 0 yarious grades Amendment in the IPS Promotion Guidelines Reg:

Ministry letter No. 45020/11/97-IPS-IT dated 15.1.1999 forwarding therewith & copy of the promotion guidelines of [ndian Police Service. Subsequently. certain amendments have been made in the said guidelines; which were communicaiedl to the State Governmcrits vide

- 2 In order ensure uniformity of   procedure ir the mattet of' vaions grades in the IPS the   eligibility criteria for promotion to Additional revised at par with Indian Adninistrative Service ard Tndian Forest Service; 1 copy (Annexure) of which is sent hereivith For infornaiion and compliance. The   amendments shall take effect from the date of issue ofthis leiter:
- The reeeipt ofthis letter may please be acknowled ged.

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to: Copy

- Department of Fersonnel & Training (AS-II); Vorth Block; New Delhi.
- 2 Neiv Delhi,
- Guard File:

## Ministry at Home Affairs Government of India

North Block; New Delhi-l . Dated ihe July: 2010\_ 19u:

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Yours faithfully,

(Indetjeet Kaur) Direetor (Police)

## dated 197

The cligibility criterion prescribed in Para TV (B) (3) of the exisiing Pronotion Indian Police Service dated 15.1.1992 Tor consideration of officers for promotion to the grade of Additional Director General of Pclice is amended as under:

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(Inderjeet Kaur) Director (Police