37?
Notwithstanding anything contained in these Regulations [ ] the Central Government may not appoint any person whose name appears in the Select List, if it is of opinion that it is necessary or expedient so to do in the public interest.
Provided that no such decision shall be taken by the Central Government without consulting the Union Public Service Commission.
11. 50[Omitted] 51Schedule (See Regulation 3) Sl.
No.
Name of the State Cadre/Joint Cadre Other members of the Committee
1. Arunachal Pradesh, Goa, Mizoram and Union territories a) Chief Secretary of the constituent State for which the meeting is held and in respect of Union territory segment, the senior-most Chief Secretary amongst the Chief Secretaries to the Union territory administrations;
b) senior-most Chief Secretary of the remaining constituents of the Cadre;
c) the senior-most officer of the constituent segment serving in cadre, for which the meeting is held, other than the Chief 47 Ibid. Note 6.
48 Ibid. Note 6.
49 Ibid. Note 20.
50 Ibid. Note 6.
51 Amended vide Notification No. 14015/08/2001-AIS(I)-A dt. 31.01.2005 – GSR No. 51 dt. 12.02.2005.
113 Secretary;
d) Special Secretary/Additional Secretary, Government of India dealing with AGMUT Cadre in Ministry of Home Affairs; and e) two nominees of Government of India not below the rank of Joint Secretary.
2. Assam-Meghalaya and Manipur-Tripura Joint Cadres a) Chief Secretaries of the constituent States;
b) the senior-most officer of the constituent segment serving in the State for which the meeting is held, other than the Chief Secretary; and c) two nominees of Government of India not below the rank of Joint Secretary.
3. Other State Cadres not included in Sl. No. 1 and 2 above a) Chief Secretary of the State Government;
b) the senior-most officer of the Cadre serving in the State, other than the Chief Secretary;
c) Head of General Administration Department/Personnel /Revenue Department of the State Government not below the rank of Secretary to the State Government; and d) two nominees of Government of India not below the rank of Joint Secretary.” 114 Govt. of India Decisions Government of India's Decisions under Reg. 3
1.1. On the basis of the recommendations of the Committee on the Prevention of Corruption, it has been decided that the following certificate should be recorded by the Chief Secretary to the State Government who is the sponsoring authority in respect of all eligible officers whose case are placed before the Selection Committee for consideration:
"The State Government certify the integrity of Shri--------with reference to the entries in his annual confidential reports."
1.2. The Selection Committee should also consider the question of suitability of the officers for selection with reference to their integrity and should specifically record in their proceedings that they were satisfied from the remarks in the confidential reports of the officers, selected by them for inclusion in the Select List, that there was nothing against their integrity.
[G.I., M.H.A. letter No. 14/23/65-AIS(III), dated 8/6/1965, read with MHA letter No. 14/23/65- AIS(III), dated 28th July, 1965.]
2.1 A State Government is competent to declare any duly constituted Police Service in the State as equivalent to the Principal Police Service of the State for the purpose of regulation 2(i) and rule 2(g) of the I.P.S. (Recruitment) Rules, 1954. Where equivalence so declared, it is for the State Government to determine the service in ranks or categories of the posts which will be equivalent in service to the post of Deputy Superintendent of Police.
2.2 Equivalent posts in non-police departments are intentionally excluded from the scope of the eligibility clause (regulation 4), the reason being that experience not involving police duties should not be reckoned for this purpose. In the case of the I.A.S. however, service in equivalent posts is taken into consideration and the State Government have been given discretion to declare any post as equivalent to that of Deputy Collector for the purpose of determining the eligibility of an officer for consideration for inclusion in the Select List. This is because for holding posts in the I.A.S. experience in revenue and general administration is required and in some of the departments (other than police and revenue) the duties involved in the higher posts are of administrative nature.
2.3 As service in equivalent posts is not taken into account for determining the eligibility of a State Police Service officer for inclusion in the Select List, the State Governments would be well-advised not to send them on deputation to posts which are in non-police departments and which cannot be declared by them as equivalent to Principal Police Service of the State.
[G.I.,M.H.A.letter No. 28/38/64-AIS(III), dated 5/1/1965.]
3.1 It is open to the State Government to depute their officers in the State Police Service to the post of A.D.C. to Governor or a Security Officer in a Public Sector Undertaking which essentially requires the services of a police officer for the discharge of duties against the deputation reserve provided in the State Police Service cadre or in any other manner without declaring the non-police department as such in which these posts exist as equivalent to the Principal Police Service of the State. In these cases, service or deputation as A.D.C. or Security Officer in non-police department will count as State Police Service under this regulation.
3.2 In case where a State Police Service Officer goes on deputation to such a post in a non-police department/police department before the inclusion of his name in the Select List and is remunerated at that stage on a scale of pay identical or nearly identical to the senior 115 scale of the I.P.S. he would not be allowed to count his officiation in such posts towards his eventual fixation of seniority if and when he is subsequently appointed to the I.P.S .
[G.I., M.H.A. letter No. 15/13/65-AIS(I), dated 7/7/1965.]
Government of India's Decisions under Reg 5:
1. Having regard to the provision contained in the proviso to the sub-regulation (4) of Regulations 7 of the IAS (Appointment by Promotion), Regulation, 1955 the State Government/the Joint Cadre Authority, while making recommendations for the appointment of a member of the State Civil Service to the Indian Administrative Service, may forward a certificate on the following lines:
"The State Government/the Joint Cadre Authority certifies that subsequent to the inclusion of the name of Shri ------------- in the Select List, there has been no deterioration in his work as to render him unsuitable for appointment to the Indian Administrative Service nor has any lapse in his conduct or performance of duties in his part come to the notice of the State Government/the Joint Cadre Authority."
[ DP & AR letter No. 11/4/73-AIS(I), dt. 22/5/73.]
2. It has come to the notice of the Central Government recently where officers not specified in the relevant Schedule to the Promotion Regulation to participate in the Selection Committee meetings as members had participated in such meetings and this had the effect of vitiating the proceedings of the said Selection Committee. In order to avoid such a situation, the State Governments have been requested to ensure that their officers, who attend the meetings of the Selection Committees, are invariably those specified in column 3 of the Schedule to Regulation 3 of the I.A.S./I.P.S. (Appointment by Promotion) regulation, 1955 and in sub-regulation (1) of Regulation 3 of the I.F.S. (Appointment by Promotion) Regulation, 1966.
[DP & AR letter No. 11039/5/80-AIS(I), dated 10/11/80.]
3.1. It has been brought to the notice of the Government of India by the Commission that the State Governments do not bring out specifically to the notice of the Selection Committee/Commission cases where decisions on representations made against adverse entries are yet to be taken by the State Government. According to the Commission, this results in the officers who are not included in the Select List filing writ petitions against the selections made by the Selection Committees and in some cases the courts passing orders accepting the writ petitions and directing the respondents to review the proceedings of the Selection Committee ignoring the adverse entries.
3.2. The State Govts. have been requested that while furnishing the material/information to the Union Public Service Commission for holding the meetings of the Selection Committees, the State Governments should invariably furnish the following certificates:-
(a) Adverse remarks in the character rolls of the following eligible officers have not been communicated by the State Government to the officers concerned.
(b) Adverse entries in respect of the following eligible officers have been communicated but no representations have been so far received from the officers concerned but the time limit to represent is not yet over.
(c) Representations against adverse entries in respect of the following officers have been received within the stipulated time but the decision of the State Government, is yet to be taken.
[DP&AR letter No. 14015/14/81-AIS(I), dated 7/7/81.]
116
4. According to the existing practice, members of the State Civil/Police/Forest Service whose suitability for promotion to the I.A.S./I.P.S./I.F.S. is considered by the Selection Committee and against whom disciplinary proceedings are pending are included in the Select List subject to clearance of enquiries pending against them. The State Governments have been requested that a list of officers against whom disciplinary proceedings are pending and a list of those in respect of whom it has been finally decided to institute disciplinary proceedings, may invariably be given to the Chairman of the Selection Committee as in the proforma enclosed at the time of the meeting of the Committee.
[DP&AR letter No. 14015/28/81-AIS(I), dated 6/2/82.]
5. After the amendments dated 31.12.1997, the State Govts. are to forward signed declaration of marital status and consent for termination of lien in the State Service on eventual substantive appointment is the IAS from the State Civil Service officers included in the consideration zone to the Central Government separately, even while sending proposals for convening the Selection Committee to the Commission. Any adverse development in respect of the officers included in the consideration zone which is likely to render him unsuitable for appointment to the Service for the time-being (e.g.) withdrawal of integrity certificate by the State Govt. / issue of charge sheet / filing of criminal case against the officer etc.should be immediately brought to the notice of the Central Government and Commission by the State Govt. concerned by FAX / Speed Post and acknowledgement secured from the addressee.
[DOP&T Lr.No.F.14015/1/98-AIS(I)dt. 6.7.1998]
6. State Civil Service officers who crossed 54 years of age during 1.4.1997 and
31.12.1997 and where no selection committee met to consider their promotion to IAS during this period, are eligible to be considered by the selection committee meeting in 1998, in terms of the second proviso to Regulation 5(3) of the Promotion Regulations.
[DOP&T Lr.No.14015/5/98-AIS(I) dt. 14.9.1998]
7. Every State Civil Service officer eligible and falling in the consideration zone framed under Regulation 5(2) shall be considered and graded by the Selection Committee and the list of suitable officers drafted in accordance with Regulation 5(4) and 5(5) of the Promotion Regulations. The choice of option exercised by the State Civil Service officer for promotion to IAS shall be reckoned with by the Central Government only in case of their inclusion in the select list after its approval by the Commission, in terms of third proviso to Regulation 9(1) of the Promotion Regulations.
[DOP&T Letter .No. 14015/16/99-AIS(I) dated 22.11.1999] Government of India's Decisions under Reg. 9
1. The appointment of a State Service officer to an All India Service against the promotion quota or otherwise is appointment in a substantive capacity outside his cadre. His lien on the post in the State Service shall, therefore, be suspended under Fundamental Rule 14(a)(2) and his written consent obtained for the termination of his lien on the post in the State Service before he is confirmed in the All India Service. The written consent should be obtained by the State Government while recommending the names of State Service officers for appointment to the All India Service.
[G.I., M.H.A. letter No. 4/4/60-AIS(II), dated 15/10/1960.]
4 10Deleted
4910. Power of the Central Government not to appoint in certain cases:-
11. 50[Omitted] Govt. of India Decisions Government of India's Decisions under Reg. 3 Government of India's Decisions under Reg 5:
Government of India's Decisions under Reg. 9