Periodical review of performance of Government Servants as per provisions of FR 56(J) and Rule 48(1) of CCS (Pension) Rules 1972
CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, PALAM DELHI CANTT-10
Date: 17-06-2016
Subject: Periodical review of
performance of Government Servants as per provisions of FR 56(J) and
Rule 48(1) of CCS (Pension) Rules 1972
A copy of MOD, D(lab) Branch ID No.26(1)/2015-d(Lab) dated 30.05.2016 on the above subject is enclosed herewith for compliance.
2. It is requested that compliance and
action taken report may be sent to this office by 3rd of every month
positively so that consolidated report may be submitted to Ministry in
time.
Sd/-
IMPORTANT
MOST IMMEDIATE
GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
D(LAB) BRANCH
Subject: Periodical review of
performance of Government servants as per the provision of FR 56(J) and
Rule 48(1) of CCS (Pension) Rules, 1972.
A consolidated instructions based on
DoP&T’s guidelines on the above subject is enclosed herewith for
circulation amongst the all cadre controlling authorities in MoD and
Organisations/Lower formations of MoD for urgent action. It is requested
that compliance and action taken report in this regard may be sent to
this Ministry Positively by first of week of every month.
Enclos: as above
(Anil Kumar)
Deputy Secretary to the Govt. of India
Telefax: 23011681
CONSOLIDATED INSTRUCTIONS FOR
CARRYING OUT PERIODICAL REVIEW OF
THE CASES OF GOVERNMENT SERVANTS AS REQUIRED UNDER FR
56(J)/FR56(I)/RULE 48(1)(6) OF CCS (PENSION) RULES, 1972.
Various instructions issued by the
Government from time-to-time on the subject deal with compulsory
retirement under the above mentioned provisions.
2. The Supreme court has observed in the state of Gujarart Vs.Umedbhai M.Patel, 2001(3)SCC 314,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
311 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. Accordingly, DOP&T has issued
instructions vide their OM, dated 21.03.2014, 11.09.2015, 01.03.2016 for
review & monitoring regularly such cases under FR 56(J)
FR56(I)/RULE 48(1)(6) OF CCS (PENSION) RULES, 1972, by all the offices
under the central government and sending the reports periodically.
4. The following procedures may be adopted for carrying out the Review:-
(i) Review of services of Government
Servants at all levels (Group A,b (Gazetted/Non-Gazetted) & Group C
including erstwhile Group D) on their attaining of age of 50/55 years or
completion of 30 years of qualifying service whichever occurs earlier.
Those who have already attained the age/qualifying service but have not
been reviewed, should also be covered under this exercise except if they
are retiring within one year on attaining the age of superannuation.
(ii) The respective Review Committee(s)
should be constituted to adjudge the suitability of the Government
Servant based on his/her past service and recommend for the retention or
compulsory retirement.
(iii) the Internal Committees should
also be constituted for each level to assist the Review Committees. The
Internal Committees will screen/assess the entire service record of
eligible government servants and place their findings before the
respective screening committees to take a final view in the matter.
(iv) Secretaries of the Cadre
Controlling Authorities/HODs will constitute Review Committees and
Internal Committees consisting of TWO (02) Members at appropriate level.
the approval of Defence Secretary for constitution of Review
Committee/Internal committee, if required,may be processed through the
Admn. Wing in MoD. Guidelines for constitution of Review committees are
given at Annexure.
(Ref: DOPT’s O.M.No.25013/01/2013-Estt.A-1-IV, dated 11.09.15)
5. SCHEDULE FOR PERIODICAL REVIEW (TO BE INITIATED 6 MONTHS BEFORE DUE)
(i) the cases 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(I)/Rule 48 of CCS (Pension) Rules, 1972 as per the following
calendar:
Quarter in which review is to be made
Cases of employees who will be attaining the age of 50/55 years or
completing 30 years of service qualifying for pension
January to March July to September of the same year
April to June October to December of the same year
July to September January to March of the next year
October to December April to June of the next year
(ii) The Internal Committees will ensure that the service records of the
employees being reviewed, along with a summary bringing out all
relevant information, is submitted to the cadre authorities at least
three months before the due date of review. However, no recommendation
about retention or otherwise would be given by the Internal committee.
Only views/comments/findings on each case may be given.
6. GENERAL GUIDELINES FOR REVIEW:-
(i) Doubtful Integrity: The officer
would live by reputation built around him. If in any appropriate case,
there may not be sufficient evidence to take punitive disciplinary
action of removal from service. But his/her conduct and reputation is
such that his/her continuance in service would be a menace to public
service and injurious to public interest. Integrity of an employee,
actions or decisions taken by the employee which do not appear to be
above board, complaints received against him/her, or suspicious property
transactions, for which there may not be sufficient evidence to
initiate departmental proceedings, but such property transactions which
give rise to suspicion about the bonafides of a government servant, may
be taken into account. Acquiring large assets and getting money from
subordinates can also be taken into consideration.
(ii) Government employees who are found
to be ineffective will also be retired. The basic consideration in
identifying such employee should be the fitness/competence of the
employee to continue in the post which he/she is holding.
(iii) whenever the services of public
servant are no longer useful to the general administration, the officer
can be compulsorily retired for the sake of public interest.
(iv) 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.
(v) Any adverse entries made in the
confidential record or even uncommunicated remarks in the ACRs/APARs
shall be taken note of and be given due weightage.
(vi) Even un-communicated entries in the confidential record can also be taken into consideration.
(vii) The order of compulsory retirement
shall NOT be passed as a short cut to avoid Departmental enquiry when
such course is more desirable.
(viii) If the officer was given a
promotion despite adverse entries made in the confidential record that
is a fact in favour of the officer.
(ix) 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 only
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. Even uncommunicated remarks in the ACRS/APARS may be taken into
consideration.
(X) Reports of conduct unbecoming of a
Government servant that obstructs the efficiency in public services may
also form basis for compulsory retirement. (for example: unauthorized
proceeding on leave/failures in timely submission of IPR, criminal
case/charges etc.)
(xi) while the entire service record of
an officer should be considered at the time of review, no employee
should ordinarily be retired on grounds of ineffectiveness if his/her
service during the preceding 5 years or where he/she has been promoted
to a higher post during that 5 year period, his/her service in the
highest post, has been found satisfactory. It would be useful if all the
data available about the officers are put together and a comprehensive
brief is prepared by the Internal committee for consideration by the
Review committee.
(xii) 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.
(xiii) Ordinarily, no employee should be
retired on grounds of ineffectiveness if he is retiring on
superannuation within a period of one year from the date of
consideration of the case. it is, however, clarified that in a case
where there is a sudden and steep fall in the competence, efficiency or
effectiveness of an officer, it would be open to review his case for
premature retirement.
(xiv) compulsory retirement shall not be
imposed as a punitive measure. Ordinarily, the order of compulsory
retirement is not to be treated as a punishment coming under Article 311
of the constitution.
(xv) The supreme court had not only
upheld the validity of FR 56(j) but also held that no show-cause notice
need be issued to any government servant before a notice of retirement
is issued.
(xvi) However, a Notice of three Months
or three months pay & allowances in lieu thereof, for compulsory
retirement, may be given.
(xvii) The appropriate authority defined
in Note 1 below FR 56 should bonafide form an opinion that is in the
public interest to retire the government servant in exercise of the
powers conferred by that provision and this decision should not be an
arbitrary decision or should not be based on collateral grounds.
