Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.
No.22011/3/2013-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated- 25.01.2016
OFFICE MEMORANDUM
Subject:-
Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.
The undersigned is directed to invite reference to the Department of
Personnel and Training Office Memorandum No. 22011/4/91-Estt(A) dated 14
th September, 1992 regarding procedure and guidelines to be followed by
DPC in respect of Government servants against whom disciplinary/court
proceedings are pending or whose conduct is under investigation. In case
the Government servant is covered under any of the three conditions as
mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the
DPC are to be kept in ‘sealed cover’ and subsequent action regarding
opening of sealed cover will depend on the outcome of the
disciplinary/criminal proceedings.
2. If on conclusion of the disciplinary/ criminal proceedings, the
Government servant is exonerated, the procedure prescribed in para 3 of
the OM dated 14-9-1992 is to be followed. This provides as under:-
“On the conclusion of the disciplinary case/criminal prosecution which
results in dropping of allegations against the Govt. servant, the sealed
cover or covers shall be opened. In case the Government servant is
completely exonerated the due date of his promotion will be determined
with reference to the position assigned to him in the findings kept in
the sealed cover/covers and with reference to the date of promotion of
his next junior on the basis of such position. The Government
servant may be promoted, if necessary, by reverting the junior most
officiating person. He may be promoted notionally with reference to the
date of promotion of his junior.
However, whether the officer concerned will be entitled to any arrears
of pay for the period of notional promotion preceding the date of actual
promotion, and if so to what extent, will be decided by the appointing
authority by taking into consideration all the facts and circumstances
of the disciplinary proceedings/criminal prosecution. Where the
authority denies arrears of salary or part of it, it will record its
reasons for doing so. It is not possible to anticipate and enumerate
exhaustively all the circumstances under which such denials of arrears
of salary or part of it may become necessary. However, there may be
cases where the proceedings, whether disciplinary or criminal, are, for
example delayed at the instance of the employee or the clearance in the
disciplinary proceedings or acquittal in the criminal proceedings is
with benefit of doubt or on account of non availability of evidence due
to the acts attributable to the employee etc. These are only some of the
circumstances where such denial can be justified.”
3. The applicability of above provisions in so far as it relates to
cases where the Government Servant, who has retired by the time he is
exonerated of all the charges has been considered in respect of the
following cases:
i. Where the promotion order pertaining to the relevant
DPC has been issued and the officers empanelled have assumed charge
prior to the date of superannuation of the retired Government Servant;
and
ii. The retired Government Servant would have been in service and
assumed charge of the post had the disciplinary proceeding not been
initiated against him/her.
4. It has been decided in consultation with the Department of
Expenditure, Department of Pensions & Pensioners’ Welfare and the
Department of Legal Affairs that notional promotion and payment of
arrears of pay, if any, for the period of notional promotion till the
date of retirement to such a retired Government servant if found fit on
opening of the sealed cover is to be decided by the appointing authority
in terms of Para 3 of OM No.22011/4/91 -Estt. (A) dated 14/9/1992.
5. A retired Government employee who is considered for notional
promotion from the date of promotion of his next junior after opening
of the sealed cover would also be entitled to fixation of pension on the
basis of such notional pay on his notional promotion.
6. The provisions contained in this Office Memorandum shall become
operational from the date of issue of this Office Memorandum. Past cases
settled in accordance with the earlier provisions shall not be
reopened.
(Gayatri Mishra)
Director (E-I)
Phone No. 23092479
Original Order
