(1) Every employees of the Commission Shall produce a medie&l certificste of health from such authority as may be prescnbed by the Commission from time to time. Such certificates shall be produced within one month from the date of appointment.
(2) The Commission may for sufficient cause extend the period within which the medical certificate has to be produced. ·
(3) The Commission may, by order in writing; waive the ccrndition rej&rding the production of health certificste altogether in special cases if it deems it necessary to do so in the interest of the work of the. Commission.
( 4) An employee discharged due to inability to secure the necessary medical certificate shall not be re-employed under the Co:ounission without producing such a certificate by him in advance. ·
(5) A fresh certificate of health shall not be required if a discharged person is re-empl<:lyed Under the c-i"''ion within six months of the date of the certificate produced during the previous period of service.
5. l'robation, Trial period, Conlllnnatloa aDd Saperaila~(l) All eq,loyees of dle.CO""'rieni'C""''ited against permanent or temporary vacaneie11 shall be on ~'Or trQot period respectivClly for ~ periods liS may be specified in the guidelines issued by the Depanment of Pel'S0811d .-1 Training (DOPT) , 00VCJ'I>Diellt of .IJidla from time to time. Such period of probation or trial may be extended by a maximum period of one year in individuai' cases by the Appointing "uthority if he considers it necessary to do sO. · · ' (2X11) After satisfactory completion of the trial period employees will be continued in the teDipmry posts.
(b) Employees recruited against permanent vacancies will be confirmed therein after satisfactory completion of probation, provided that the employees h•,ve passed the prescribed Hindi EXamination.
(3)(•) Except as otherwise provided in this sub-regulation, ~very employee of the O>mmission (other than an honorary worker or a Government Servant) shall retire on the day1he attains the age of sixty years.
(b) Notwithstanding anything contained in clause (a), the Co~ion ~,if ill~ of~ o~ .!hat ~t 1$ in public interest to do so, have the absolute right to retire any employeeby giv,iJit:biin~J)f,..~ ttl~~~ in writing or three months pay and allowances inli~ofsuch notice; . · · · ·· · ..
(i) if he is Group - A or Oror~p - B service or post and had enteted the"serti~:,of ~ l)l;itli,.~re .
attaining the age of thirty l~ve years after he has attained the age oflifly years; ·· · ·
(ii) in .all other csses, Mler he has attained the age of fifty five years;
(iii) any employee of the Commission llll!Y by giving notice of not less than tbreC months in writing to the Appointing authority, retire from service of the Commission Mler. he has atbWled the 8ge offifty years If he is in Group-A or Group-B service or post and had entered the Commiasinn 's S.nilce before attsining the age of thirty five years and in all other cases Mler he has attained the age of fifty five years :
Provided that it shall be open to the Commission t6 withhoid permission to an employee under suspension who seeks to retire under this clause.
16 THE GAZETTE OF INDIA: EXTRAORDINARY
(iv) 'Guiding factors for invoking provisions of regulation 5(3) (b) (i) and (ii):
! (1) In every case where it is proposed to retire a Commission's employee in exercise of the powers conferred by sub-paras (i) and (ii) of regulation 5(3) (b) ibid, the Commission shall record in each case its reason, that it is necessary to retire the Commission's employee in pursuance of the aforesaid regulation in the public interest.
: (2) While the review should be made on an assessment of the entire service record of an employee, no employee should ordinary be retired on the grounds of incompetency if his service during the pr,eceding five years, or where he has been promoted to a hi~er post during that 5 years period, his servi<:e in the higher po~t. has been found satisfactory.
1,(3) No employee should ordinarily be retired on grounds of incompetency, if, in any event, he would be retiring on superannuation within a period of one year from the date of consideration of his c:ase.
\(4) When representations are received against premature retirements, final orders cin the representations shall be passed only after obtaining the approval of the Chief Executive Officer and the Commission.
1(5) The three months' notice referred to in regulation 5(3) (b) (i) and (ii) may be given before the Commission's employee attains the specified age or has completed thirty years of service but the retirement should take place after the Commission's employee has attained the relevant age' or has completed thirty years of service, as the case may be.
(6) The aforesaid regulations shall not be applicable,
(i) to retire a Commission's employee on grounds of specific acts of misconduct as a short-cut to initiating formal disciplinary proceedings; or
(ii) for reduction of surplus staff or as a measure of effecting general economy without following the rules and instructions relating to retrenchment;
(ili) on the ground that the Commission's employee may not be suitable to continue in his officiating post or for promotion to a higher post for which he might be eligible after his attaining the age of fifty/fifty five years, or completing thirty year's service, as the case may be,