DPC Provisions - FINAL
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Transcript of DPC Provisions - FINAL
DPC: Instruction, Provisions&
Practice
Departmental Promotion Committee
‘A movement to a position in which responsibilities and presumably , prestige are increased’
- Dale Yoder.
It is a upward reassignment of a higher level job to an internal employee.
It is a vertical flow fromBottom to Top in anOrganisation chart where,
STATUS
RESPONSIBILITY
SALARY
Functions & Composition of DPC. Frequency of DPC. Preparatory Action for conducting DPC. Procedure to be observed by DPC. Process and implementation of
recommendation of DPC. Review of DPC. Landmark judgments
DPC: Instruction, Provisions& Practice
FUNCTIONS OF DPCs:
Promotions to selection / non-selection posts
Confirmation
Assessment of probationers for determining suitability for retention in service/discharge from service /extension of probation
Consideration of cases of government servants for crossing the efficiency bar.
COMPOSTION OF DPCs
DPC for Grp A &B One level above the post for which promotion
considered.
Association of UPSC in all DPC’s unless otherwise it has been decided by government not to associate UPSC with a grp ‘A’ DPC.
DPC for Grp C& D Chairman should be offical of high level and one member
should be an officer not connected with dept for which promotions are considered.
Technical competent
The DPC should be convened at regular annual intervals to draw panel which could be utilized on making promotions against the vacancies occurring during the course of year.
DPC could be convened every year if necessary on fixed date like 1 April/1 may.
Holding DPC need not be delayed or postponed on the ground that Recruitment Rules for a post are reviewed or being amended.
FREQUENCY OF DPC
WORKING OF DPC
VACANCIES AND ELIGI BILITYAPAR’s Written Vacancies CalculatedFinancial year wise For that Financial yearCalendar year wise For that Calendar year
CRUCIAL DATE OF ELIGIBILITY Financial year based vacancies
Crucial date of eligibility is 1st APRIL .
Calendar year wise Crucial date of eligibility is 1st JANUARY.
Vacancies to be taken into consideration Arising due to death,retitrement,resignation Regular long term promotion Deputation/long term post created
Officers on leave /short deputation/training should not be taken into the consideration for the purpose of preparation of panel.
Issues of Deputation, study leave, reservation
PREPERATORY ACION FOR CONDUCTING DPC
Different annexure :
Integrity Certificate.“The records of the service of the following officers who are to be
considered for promotion/confirmation in the grade have been carefully scrutinized and is certified that there is no doubt about their integrity”
PREPERATORY ACION FOR CONDUCTING DPC
Content Annexure No.Promotion Performa Annexure I
Confirmation Performa Annexure II Checklist for sending
document to UPSC for inviting member
Annexure III
Checking individual ACR Annexure IV
Each DPC should decide its own method and procedure for objective assessment of the suitability of candidate.
No interviews should be held unless it has been specifically provided for in the recruitment rules for the post/service.
PROCEDURE TO BE OBSERVED BY DPC
For Selection Method DPC shall restrict the field choice as under:
No. of vacancies No. of officers to be considered
1 52 83 104 3 times the no. Of vacancies
PROCEDURE TO BE OBSERVED BY DPC
DPC should assess the suitability on the basis of their service record. CR’s of last 5 year to be considered.
If APARs not available for relevant period, take CRs for previous years (including lower grade) available APARs
Average performance is not complimentary, but routine and undistinguished
DPC should not be guided merely by the overall grading, should make its own assessment.
Preparation of year wise panels by DPC where they have not met for a no. of years:
GENERAL GUIDELINES FOR DPC
DPC for Non Selection Not to asses but give recommendation for “fit” or “not yet
fit” in promotion cases. Similarly for confirmation DPC should recommend “fit”
or “not yet fit”. In Probation case DPC should only decide whether they
should be declare to have completed the probation satisfactorily.
Second DPC & Review DPC
DPC w.r.t govt servants under cloud
GENERAL GUIDELINES FOR DPC
SEALED COVER PROCEDURE If Govt. servant(s) being considered for
promotion is/are(a) under suspension
(b) charge sheet has been issued and disciplinary proceedings are pending; and
(c) prosecution for a criminal charge is pending
The DPC will asses the suitability without regard to disciplinary aspect but its findings and grading will be kept in a sealed cover.
SEALED COVER PROCEDURE
On conclusion of the case, if the officer is completely exonerated, the sealed cover will be opened and he will be promoted notionally with reference to the date of promotion of his junior.
If not exonerated, the findings of the sealed cover shall not be acted upon.
Sealed cover cases to be reviewed every six months to assess the progress of disciplinary proceedings/criminal case.
Purely advisory and should be duly approved by final authority-
Either under purview of UPSC or ACC.
Procedure when appointing authority does not agree with recommendations of DPC.
Clearance from vigilance also to be taken before making actual promotions.
PROCESS AND IMPLEMENTATION OF RECOMMENDATIONS OF DPC
If material facts not brought in notice of DPC.
Grave error in the proceeding of DPC.
Unintentional mistakes like:1. Eligible persons were omitted to be considered.2. Ineligible persons considered.3. Seniority issues like retrospective or consequential
seniority.4. Procedural irregularity.5. Wherever adverse remarks toned down or expunged.
REVIEW DPC
Sl.No. Court Citation Brier Details
1CAT PRINCIPAL BENCH : NEW DELHI
Shri P.K.Udgata Vs UOI & CPFC
Promotion to be given in EPFO from Date of Vacancy if DPC has been delayed
2 Delhi High Court Dr. Sahadeva Singh Vs UOI & Others
Promotion to be given from Date of Vacancy if DPC has been delayed.
3 Supreme Court Delhi Jal Board Vs Mahinder Singh
Promotion after conclusion of Departmental Inquiry: Sealed cover adopted by DPC.
4 Supreme Court Civil Appeal No. 2651-52 of 2010
Promotion is fundamental Right of Govt. employees
LANDMARK JUDGEMENTS