NEW DELHI: A government employee would be considered for promotion only if he or she has been given a clearance from vigilance department, the Centre said today.
As per rules, a promotion can be denied on three conditions -- if the government servant is under suspension, a charge sheet has been issued and the disciplinary proceedings are pending, or if prosecution for a criminal charge is pending.
The Ministry of Personnel was receiving references seeking clarification on grant of promotion in case of review of Departmental Promotion Committee (DPC) with regard to the official who is clear from vigilance angle on the date of promotion in the original DPC, but subsequently faces suspension or disciplinary enquiries for alleged lapses.
A 'review DPC' is held to re-visit decisions of original DPC, officials said.
"The matter has been examined in consultation with the Department of Legal Affairs and it is further clarified that, in the case of a review DPC, where a junior has been promoted on the recommendations of the original DPC, the official would be considered for promotion if he or she is clear from vigilance angle on the date of promotion," the Ministry said in an office memorandum issued today.
It had earlier, through another order, cited a Supreme Court order to say that an employee has no right to promotion.
"He has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion, the least that is expected of an employee is to have an unblemished record.
"That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. An employee found guilty of misconduct cannot be placed on par with the other employees and his case has to be treated differently. There is therefore, no discrimination when in the matter of promotion, he is treated differently," the apex court had said.
The Supreme Court's direction is being followed by the government while processing cases of promotion of its employees.
As per rules, a promotion can be denied on three conditions -- if the government servant is under suspension, a charge sheet has been issued and the disciplinary proceedings are pending, or if prosecution for a criminal charge is pending.
The Ministry of Personnel was receiving references seeking clarification on grant of promotion in case of review of Departmental Promotion Committee (DPC) with regard to the official who is clear from vigilance angle on the date of promotion in the original DPC, but subsequently faces suspension or disciplinary enquiries for alleged lapses.
A 'review DPC' is held to re-visit decisions of original DPC, officials said.
"The matter has been examined in consultation with the Department of Legal Affairs and it is further clarified that, in the case of a review DPC, where a junior has been promoted on the recommendations of the original DPC, the official would be considered for promotion if he or she is clear from vigilance angle on the date of promotion," the Ministry said in an office memorandum issued today.
It had earlier, through another order, cited a Supreme Court order to say that an employee has no right to promotion.
"He has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion, the least that is expected of an employee is to have an unblemished record.
"That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. An employee found guilty of misconduct cannot be placed on par with the other employees and his case has to be treated differently. There is therefore, no discrimination when in the matter of promotion, he is treated differently," the apex court had said.
The Supreme Court's direction is being followed by the government while processing cases of promotion of its employees.
Source:-The Economic Times
To view DoPT OM No.No. 22034/4/2012-Estt (D-II) dated 23rd January, 2014 regarding clarifications on Comprehensive review of instructions pertaining to vigilance clearance for promotion please Click Here.
To view DoPT OM No.No. 22034/4/2012-Estt (D-II) dated 23rd January, 2014 regarding clarifications on Comprehensive review of instructions pertaining to vigilance clearance for promotion please Click Here.
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