Procedure to be observed by Departmental Promotion Committees (DPCs) - Assessment of entries and gradings in ACRs/APARs - Reg.
Procedure
to be observed by Departmental Promotion Committees (DPCs) - Assessment
of entries and gradings in ACRs/APARs - Reg. DoPT Order:-
No.22011/5/2013-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*********
North Block, New Delhi
Dated the 9th May, 2014
OFFICE MEMORANDUM
Subject:-
Procedure to beobserved 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.21011/1/2005-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 cognisance 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.
sd/-
(Mukta Goel)
DIRECTOR (E.I)
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