RBE No. 34/2005: Promotion – Charge Sheet Pending – Sealed Cover Procedure Clarification
No.E(D&A)2004 RG6-52, dated 22.02.2005
Sub: Cases of persons whose conduct is under investigation or against whom a charge sheet is pending – Consideration for promotion – Clarification regarding.
1. The procedure and guidelines to be followed in respect of promotion of Gazetted and Non-gazetted Railway servants against home disciplinary proceedings/ criminal prosecution, etc., are pending, were circulated to the Zonal Railways, respectively, vide Board’s letter No.E(D&A)92 RG6-149(B), dated 21.01.1993 (RBE No. 14/1993) and No.E(D&A)92 RG6-149(A), dated 21.01.1993 (RBE No.13/1993). These were based on the instructions contained in DoP&T’s OM No.22011/4/91-Estt.(A), dated 14.09.1992. A further clarification has been issued by DoP&T vide OM No.22012/1/99-Estt.(D), dated 25.10.2004 and the same is circulated herewith for guidance and compliance.
2. DoP&T’s OM dated 25.10.2004 emphasizes the following points:
(i) In respect of employees in the zone of consideration for promotion, a bare statement as to whether the case of the Railway servant is covered by any of the three conditions mentioned at Para 2 of Board’s letters of 21.01.1993 (RBE No.13/1993) and RBE No. 14/1993) only need to be furnished to the DPC to enable it to place its recommendations in the sealed cover. No other details about the pending enquiry or the nature of charges, etc., are to be furnished to the DPC least these details weigh with the DPC in making its recommendations.
(ii) Where none of the three circumstances mentioned in para 2 of Board’s letters of 21.01.1993 (RBE No. 13/1993 and RBE No. 14/1993) referred to above has arisen, a simple vigilance clearance would need to be furnished. There is also no need of furnishing a separate integrity certificate to the DPC.
3. Provisions mentioned in para 4 of DoP&T’s OM dated 25.10.2004 are already contained in para 3.1 of Board’s letter No.E(D&A)92 RG6-149(A), dated 21.01.1993 (RBE No.13/1993) and in Para 6 of Board’s letter No.E(D&A)92 RG6-149(B), dated 21.01.1993 (RBE No. 14/1993).
Copy of Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training,
OM No.22012/1/99-Estt.(D), dated 25.10.2004
Office Memorandum
Sub: Cases of persons whose conduct is under investigation or against whom a charge sheet is pending – Consideration for promotion – Clarification regarding.
1. The undersigned is directed to refer to the Department of Personnel & Training Office Memorandum No.22011/4/91-Estt(A), dated 14th September, 1992 (copy enclosed) which has been issued pursuant to the judgment of Hon’ble Supreme Court in the case of Union of India vs. K.V. Janakiraman, etc. (AIR 1991 SC 2010) and is in supersession of all previous instructions on the subject, and to say that para 2.1 of the said Office Memorandum provides that the DPC shall assess the stability of the Government servant coming within the purview of the circumstances mentioned in para 2 of the Office Memorandum, along with other eligible candidates, without taking into consideration the disciplinary case/ criminal prosecution pending. Therefore, it is made clear that only a bare statement that, case of an employee in the zone of consideration/ extended zone of consideration is covered by any of the three situations indicated in para 2 of the said Office Memorandum is to be furnished to the DPC to enable it to place its recommendations in the sealed cover. No other details about the pending enquiry or the nature of the charges, etc., are to be furnished to the DPC least these details weigh with the DPC in making its recommendations, which are to be placed in the sealed cover.
2. Considerable doubts also persist about the furnishing of the vigilance clearance and integrity certificate to the DPC. It is clarified that the DPC is required to consider the cases of all persons who are otherwise eligible in terms of the Recruitment Rules as on the relevant crucial date and are in zone of consideration. If, however case of an employee in the zone of consideration is covered by any of the three situations, only this fact is to be furnished to the DPC so that the recommendations could be placed in a sealed cover. Where none of the three situations has arisen, a simple vigilance clearance would need to be furnished. Vigilance clearance/ status would have no other significance and would not be a factor in deciding the fitness of the officer for promotion on merit.
3. It is also clarified that there is no requirement of furnishing a separate integrity certificate to the DPC. In terms of the judgment of Hon’ble Supreme Court in the case of Union of India vs. K.V. Janakiraman, etc. (AIR 1991 SC 2010), no promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet, etc. If in the matter of corruption/ dereliction of duty, etc., there is serious complaint and the matter is still under investigation of CBI or otherwise, the Government is within its right to suspend the official. In that case, the officer’s case for promotion would automatically be required to be placed in the sealed cover.
4. If the condition indicated in Para 2 of DoP&T Office Memorandum dated 14th September, 1992, arise only after the DPC has made its recommendations and therefore, the recommendations could not be placed in the sealed cover, para 7 of the said Office Memorandum provides that the recommendations of the DPC shall be deemed to have been placed in the sealed cover and he shall not be promoted until he is exonerated of the charges. Therefore, after the recommendations of DPC have been approved by the competent authority, it is necessary to again seek the status position from the concerned vigilance division before issuing promotion orders in respect of any officer included in the approved panel of names to ensure that there is no hindrance in issuing the promotion order and respect of the concerned officer.
Download Railway Board Circular RBE No.34/2005
Forward reference ⇒ RBE No.