Strengthening of administration-Periodical review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972
No.25013/01/2013-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
North Block, New Delhi
Dated 11th September, 2015
OFFICE MEMORANDUM
Subject:
Strengthening of administration-Periodical review under FR 560) and Rule 48 of CCS (Pension) Rules, 1972
The
undersigned is directed to refer to this Department’s OM No.
25013/1/2013-Estt(A) dated 21/03/2014 on the periodical review under
Fundamental Rule 56 or Rule 48 of CCS (Pension) Rules.
2. Various
instructions issued on the subject deal with compulsory retirement under
the above mentioned provisions. The Supreme Court has observed in State
of Gujarat Vs. Umedbhai M. Patel. 2001 (3) SCC 3l4 as follows:
(i)
Whenever the services of a public servant are no longer useful to the
general administration, the officer can be compulsorily retired for the
sake of public interest.
(ii) Ordinarily, the order of compulsory
retirement is not to be treated as a punishment coming under Article 31 l
of the Constitution.
(iii) “For better administration, it is
necessary to chop off dead wood, but the order of compulsory retirement
can be passed after having due regard to the entire service record of
the officer.”
(iv) Any adverse entries made in the confidential
record shall be taken note of and be given due weightage in passing such
order.
(v) Even un-communicated entries in the confidential record can also be taken into consideration.
(vi)
The order of compulsory retirement shall not be passed as a short cut
to avoid Departmental enquiry when such course is more desirable.
(vii)
if the officer was given a promotion despite adverse entries made in
the confidential record, that is a fact in favour of the officer.
(viii) Compulsory retirement shall not be imposed as a punitive measure.
3.
, In every review, the entire service records should be considered. The
expression ‘service record’ will take in all relevant records and hence
the review should not be confined to the consideration of the ACR /
APAR dossier. The personal file of the officer may contain valuable
material. Similarly, the work and performance of the officer could also
be assessed by looking into files dealt with by him or in any papers or
reports prepared and submitted by him. it would be useful if the
Ministry/Department puts together all the data available about the
officers and prepares a comprehensive brief for consideration by the
Review Committee. Even uncommunicated remarks in the ACRs/APARS may be
taken into consideration.
4. in the case of those officers who
have been promoted during the last five years, the previous entries in
the ACRs may be taken into account if the officer was promoted on the
basis of seniority cum fitness, and not on the basis of merit.
5,
As far as integrity is considered, the following observations of the
Hon’ble Supreme Court may, while upholding compulsory retirement in a
case, may be kept in view:
The officer would live by reputation
built around him. in an appropriate case, there may not be sufficient
evidence to take punitive disciplinary action of removal from service.
But his conduct and reputation is such that his continuance in service
would be a menace to public service and’injurious to public interest.
S. Ramachandra Raju vs. State of Orissa
[(l 994) 3 SCC 424]
Thus
while considering integrity of an employee, actions or decisions taken
by the employee which do not appear to be above board, complaints
received against him, or suspicious property transactions, for which
there may not be sufficient evidence to initiate departmental
proceedings, may be taken into account. Judgement of the Apex Court in
the case of Shri K. Kandaswamy, I.P.S. (TN:1966) in K. Kandaswamy vs
Union Of India & Anr, l996 AIR 277, I995 SCC (6) l62 is relevant
here. There were persistent reports of Shri Kandaswamy acquiring large
assets and of his getting money from his subordinates. He also indulged
in property transactions which gave rise to suspicion about his
bonafides. The Hon’ble Supreme Court upheld his compulsory retirement
under provisions of the relevant Rules.
6. Similarly, reports of
conduct unbecoming of a Government servant may also form basis for
compulsory retirement. As per the Hon’ble Supreme Court in State of UP.
And Others vs Vijay Kumar ‘Jain, Appeal (civil) 2083 of 2002:
If
conduct of a government employee becomes unbecoming to the public
interest or obstructs the efficiency in public services, the government
has an absolute right to compulsorily retire such an employee in public
interest.
7. Many changes in the nomenclature and in the areas of
responsibility of various departments/Ministries have taken place. In
order to simplify and speed up the procedure of review, a need is felt
to reconstitute the Review Committees. in partial modification of the OM
25013/15/86-Estt (A) dated 27/06/1986, it has been decided that the
Secretaries of the Cadre Controlling Authorities will constitute Review
Committees consisting of two Members at appropriate level. The Review
Committees in the case of various levels of employees will be as under:
(A) in case of officers holding Group A posts:
(a) In r/o ACC appointees:
Review Committee may be headed by the Secretary of the concerned Ministry/Department as Cadre Controlling Authority.
(b) In r/o Non-ACC appointees:
(i)
Where there are Boards viz CBDT, CBBC, Railway Board, Postal Board,
Telecom Commission, etc. the Review Committee may be headed by the
Chairman of such Board.
(ii) Where no such Boards/Commissions exist, the Review Committee may be headed ’by Secretary of the. Ministry/Department.
(B) in case of Group B (Gazetted) officers:
Additional Secretary/Joint Secretary level officer will head the Review Committee.
(C) In the case of Non-Gazetted employees:
(i)
An officer of the level of Joint Secretary will head the Committee.
However in case the Appointing Authority is lower in rank than a Joint
Secretary, then an officer of the level of Director/Deputy Secretary
will be the head.
(ii) in the case of Non-Gazetted employees in
other than centralised cadres, Head of Department/Head of the
Organisation shall decide the composition of the Review Committee.
8.
CVO in the case of gazetted officers, or his representative in the case
of non-gazetted officers, will be associated in case of record
reflecting adversely on the integrity of any employee.
9. in
addition to the above, the Secretary of the Ministry/Department is also
empowered to constitute internal committees to assist the Review
Committees in reviewing the cases. These Committees will ensure that the
service record of the employees being reviewed, alongwith a summary
bringing out all relevant information, is submitted to the Cadre
Authorities at least three months before the due date of review.
10.
The procedure as prescribed from time to time has been consolidated and
enclosed as Appendix to the OM issued by this Department on 21/03/2014.
As per these instructions the cases of Government servant covered by FR
56(j), FR 56(l), or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should
be reviewed six months before he/she attains the age of 50/55 years, in
cases covered by FR 56(j) and on completion of 30 years of qualifying
service under FR 56(l)/Rule 48 of CCS (Pension) Rules, 1972 as per the
following calendar:
| Sl No. | Quarter in which review is to be made | Cases
of employees who will be attaining the age of 50/55 years or will be
completing 30 years of service or 30 years of service qualifying for
pension, as the case may be, in the quarter. |
| 1. | January to March | July to September of the same year |
| 2. | April to June | October to December of the same year |
| 3. | July to September | January to March of the next year |
| 4. | October to December | April to June of the next year | |
11
All Ministries/Departments are requested to follow the above
instructions and periodically review the cases of Government servants as
required under FR 56(j)/FR56(l)/Rule 48(1)(b) of CCS (Pension) Rules,
1972.
12. instructions on composition of the Representation Committees will be communicated separately.
sd/-
(Mukesh Chaturvedi)
Director (Establishment)
Authority : www.persmin.nic.in
