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