Dopt Orders on Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment - reg.
No.28011/1/2013-Estt(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 23rd, December, 2013
OFFICE MEMORANDUM
Subject:
Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.The
undersigned is directed to refer to the subject mentioned above and to
say that various instructions/guidelines have been issued by the
Government from time to time regarding forwarding of applications of
Government Servants for posts outside their own Cadre. All such
instructions issued till date have been consolidated under easily
comprehensible headings for the facility of reference and placed as
Annexure to this O.M. All Ministries/Departments are requested to bring
the above guidelines to the notice of all concerned.
2. Hindi version wIll follow.
sd/-
(J.A.Vaidyanathan)
Director (Establishment)
Annexure to DOPT O. M.No.28020/1/2010-Estt(C) dated December, 2013.
FORWARDING OF APPLICATIONS
GENERAL GUIDELINES
These
guidelines relate to forwarding of applications of Government servants
as direct recruit for posts within the Central Government, State
Governments, Autonomous / Statutory Bodies, CPSEs etc. It may be noted
that in a case in which a particular employee cannot be spared without
serious detriment to important work in hand, public interest would
justify withholding of his application even if otherwise the application
would have been forwarded. It may be added for information that where
for good and sufficient reasons an application is withheld no
infringement of any Constitutional right is involved.
[O.M. No. 170/51-Ests., dated the 21.10.1952)
2. INTERPRETING THE TERM ‘PUBLIC INTERESTa.
The Heads of Departments should interpret the term ‘public interest’
strictly and subject to that consideration, the forwarding of
applicatior should be the rule rather than an exception. Ordinarily,
every employee (whether scientific and technical or non-scientific and
non-technical personnel) should be permitted to apply for an outside
post even though he may be holding a permanent post.
b. No
distinction need be made between applications made for posts in a
Department under the Central government, Autonomous Bodies or
sub-ordinate offices, posts under the State Governments, posts in Public
Sector Undertakings owned wholly or partly by the Central Government or
a State Government and posts in quasi-Government organizations. They
should all be treated alIke so far as the forwarding of applications is
concerned. If, however, a Government servant desires to apply for a post
in a private concern, he should submit his resignation or notice of
retirement, as the case may be, before applying for private employment.
c.
For this purpose, “scientific and technical personnel”, may be
interpreted to mean persons holding posts or belonging to services which
have been declared to be scientific or technical posts or scientific or
technical service.
(OM. No. 70/10/60-Estt, (A), dated 09.05.1960 and O.M. No. 8/7/69-Ests(C) dated the 01.11.1970
3. GENERAL PRINCIPLES FOR DEALING WITH SUCH APPLICATIONSThe general principles to be observed in dealing with such applications are as under:
a. Applications from purely temporary Government Servants - Applications from such
Government servants should be readily forwarded unless there are compelling grounds of public interest for withholding them.
b.
Applications from permanent Government servants - Both permanent
non-scientific and non-technical employees as well as permanent
scientific and technical employees could be given four opportunities in a
year to apply for outside posts, except where withholding of any
application is considered by the competent authority to be justified in
the public interest. A permanent Government servant cannot justly
complain of hardship or harsh treatment if his application for any other
post or employment is withheld.
c. Applications of Government
servants who have been given some technical training at Government
expenses after commencement of service - Such Government servant cannot
justifiably complain of hardship if he is not allowed to capitalize the
special qualifications so gained by seeking other better employment.
Withholding of application in such a case is therefore justifiable.
d.
Applications of Government servants belonging to Scheduled Castes and
Scheduled Tribes, other than ‘scientific and technical personnel —
Applications for employment of temporary or permanent Central Government
servants belonging to Scheduled Castes andScheduled Tribes should be
readily forwarded except in very rare cases where there may be
compelling grounds of public interest for withholding such application.
The withholding of application should be the exception rather than the
nile in the case of employees belonging to Scheduled Castes and
Scheduled Tribes who should be afforded every facility to improve their
prospects.
e. Application of Government servants for employment
in private business and industrial firm. etc. - Where a Government
servant (including a temporary Government servant) seeks permission, to
apply for such employment, he should submit his resignation or notice of
retirement, as the case may be, before applying for private employment.
He cannot complain of hardship if his application is withheld. While a
person remains in Government service, the State can legitimately refuse
to surrender its claim on his services in favour of a private employer.
[O.M.
NO. 170/51-ESTS., DATED ThE 21.10.1952; OM NO. 70/10/60-ESTS(A) DATED
09.03.1960. OM No.1/6/64-SCT.I DATED 19.03.1964; O.M NO, 5/2/68-ESTT.(C)
DATED 06.O5.1968. OM No.8/7/69-ESTS(C)DATED 01.II.1970; OM No.
8/15/71-ESTS(C) DATED 16.09.1971, OM No. 8/22/71-ESTS(C)
DATED16.10.1971]
4. PROCEDURE TO BE FOLLOWED IN THE CASE
OF THOSE WHO APPLY FOR POSTS IN THE SAME/ OTHER CENTRAL GOVERNMENT
DEPARTMENTS/STATE GOVERNMENT/ AUTONOMOUS BODY / CENTRAL PUBLIC SECTOR
ENTERPRISES ETC.a) Applications from Government servants
for employment elsewhere, submitted otherwise than in response to
advertisement or circulars inviting applications, should not be
forwarded.
(O.M. No. 5/3/65-Ests(C) dated the 21.12.1965]
b)
The applications may be forwarded in accordance with the general
principles given inpreceding paragraphs. irrespective of whether the
post applied for in the other department/offices permanent or temporary.
c)
As for temporary Government servants they should, as a matter of rule,
be asked to resign from the parent department/office at the time of
release from the parent department/office. An undertaking to the effect
that he/she will resign from the parent department/office in the event
of his/her selection and appointment to the post applied for may be
taken from his/her at the time of forwarding the application. This
procedure is to be followed even in case of a temporary Government
servant applying as a direct recruit for a post in the same
organisation.
d) In the case of permanent Government servants,
their lien may be retained in the parent department/office for a period
of two years incase of the new post being in the Central/state
Government. They should either revert to the parent department/office
within that period or resign from the parent department/office at the
end of that period. An undertaking to abide by these conditions may be
taken from them at the time of forwarding the applications to other
departments/office. In exceptional cases where it would take some time
for the other department/office to confirm such Government servants due
to the delay in converting temporary posts into permanent ones, or due
to some other administrative reasons, the permanent Government servants
may be permitted to retain their lien in the parent department/office
for one more year. While granting such permission, a fresh undertaking
similar to the one indicated above may be taken from the permanent
Government servants by the parent department.
e) Permanent
Government servants on their being selected for appointment in an
autonomous Body / CPSE will have to resign before they are penitent to
join the new organization. In their case no lien shall be retained and
they will be governed by the orders issued by Department of Pensions
& Pensioners’ Welfare regulating mobility of personnel between
Central Govt and Autonomous Bodies / CPSEs etc.
f) The Terms
of the bond need not be enforced in the cases of those who apply for
appointment elsewhere, other than private employment, through proper
channel. However, the obligations under the bond would be carried
forward to the new employment. An undertaking to this effect may be
obtained from the Govt. servant before he is relieved.
(OM. No. 60/37/63.Ests(A) dated 14.07.1967; OM No. 8/4/70-Ests(C) dated 06.03.1974; O.M.
No. 28016/5/85-Estt(C) dated 31.01.1986]
5. POSTS ADVERTISED BY UNION PUBLIC SERVICE COMMISSION (UPSC/STAFF SELECTION COMMISSION(SSC)a)
Where Government servants apply directly to UPSC/SSC as in the case of
direct recruit, they must immediately inform the head of their
Office/Department giving details of the amination/post for which they
have applied, requesting him to communicate his permission to the
Commission directly. If. however, the Head of the Office/Department
considers it necessary to withhold the requisite permission, he should
inform the Commission accordingly within thirty days of the date of
closing for receipt of applications. In case any situation mentioned in
para 6 below is existing, the requisite permission should not be granted
and UPSC/SSC should be
immediately informed of this fact as also
the nature of allegations against the Government servant. It should
also be made clear that in the event of actual selection of Government
servant, he would not be relieved for taking up the appointment, if the
charge-sheet / prosecution sanction is issued or a charge-sheet is filed
in a court for criminal prosecution, or if the Government servant is
placed under suspension.
b) It may be noted that in case of
direct recruitment by selection, i.e., “selection by interview”, it is
the responsibility of the requisitioning Ministry/Department to bring to
the notice of the Commission any point regarding unsuitability of the
candidate (Government servant) from the vigilance angle and that the
appropriate stage for doing so would be the consultation at the time of
preliminary scrutiny, i.e., when the case is referred by the Commission
to the Ministry/Departments for the comments of the Ministry’s
representatives on the provisional selection of the candidate for
interview by the Commission.
[OM. No. 14017/01/91-Estt.(RR) dated the 14th July, 1993 & O.M.No.20016/1/88-Estt.(C)
dated 18/07/1980)
c)
When once the Administrative Authority has forwarded an application, it
is mandatory that the Government employee concerned should be released
to take up the new appointment. However, where subsequent to the
forwarding of the application, but before selection if exceptional
circumstances arise in which it may not be possible to release the
official, the fact should be communicated to the Commission as well as
to the official concerned. The decision not to release an official
should be taken only where the circumstances referred to above arereally
exceptional.
[OM. No. 60/43/64-Ests(A) dated the 24.08.1965)
6. CIRCUMSTANCES IN WHICH APPLICATION SHOULD NOT BE FORWARDEDApplication
of a Government servant for appointment, whether by direct recruitment,
transfer on deputation or transfer, to any other post should not be
considered/ forwarded., if-
(a) (i) he is under suspension; or
(ii) disciplinary proceedings are pending against him and a charge sheet has been issued; or
(iii) sanction for prosecution, where necessary has been accorded by the competent authority; or
(iv)
where a prosecution sanction is not necessary, a charge-sheet has been
filed in a Court of law against him for criminal prosecution.
(v) where he is undergoing a penalty — no application should be forwarded during the currency of such penalty.
(b)
When the conduct of a Government servant is under investigation (by the
CBI or by the Controlling Department) but the investigation has not
reached the stage of issue of charge-sheet or prosecution sanction or
filing of charge-sheet for criminal prosecution in a court, the
application of such a Government servant may be forwarded together with
brief comments on the nature of allegations and it should also be made
clear that in the event of actual selection of the Government servant,
he would not be released for taking up the appointment, if by that time
any of the situations in (a) above arises.
[O.M. No. 14017/101/91-Estt.(RR) dated the 14th July 1993]
7. FORWARDING OF APPLICATIONS FOR POSTS ADVERTISED BY CENTRAL / PUBLIC SECTOR UNDERTAKINGS/ CENTRAL AUTONOMOUS BODIES
Applications
of Central Government Servants in response to press advertisement for
posts in Central Public Enterprises / Autonomous Bodies may be forwarded
with a clear understanding with the employee that in the event of their
selection for the post applied for they will sever their connections
with the Government before joining the Public Sector
Undertakings/Autonomous Bodies. No lien shall be retained in ch cases.
The relieving order should indicate the period within which the official
should join the Public Sector Undertaking / Autonomous Body. Normally
this period should not be more than 15 days. This period may be extended
by the competent authority for reasons beyond the control of the
official. Necessary notification/orders accepting the resignation of the
Govt. servant from Govt. service should be issued from the actual date
of his/her joining the Public Sector Undertaking/Autonomous Body. The
period between the date of relieving and the date of joining Public
Sector Undertaking!/ Autonomous Body can be regulated as leave of the
kind due and admissible and if no leave is due, by grant of extra
ordinary leave. In case he/she is not able to join the Public Sector
Undertaking/Autonomous Body within the period allowed by the competent
authority, he/she should report back to the paient office forthwith.
[Department of Pension & Pensioner’s Welfare OM No. 4/15/88-P&PW(D) dated 13.11.1991]
Source: www.persmin.gov.in
[
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28011_1_2013-Estt-C.pdf]
