UPSC CDS

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Online Study Notes Book

UPSC CDS Books, Lecture Notes, Important Solved Questions and Study Material

Q 1. When is the Examination Notice Issued?

 

Answer ‐ UPSC Examination Notices encapsulate the Rules of Examinations notified by the Government. Examination Notices of all the 13 Examinations are uploaded on the Commission’s website around 3 months before the date of examination. Examination Notices (indicative) are also published in the Employment News/Rozgar Samachar.

 

Q 2.  What is UPSC’s Annual Calendar of Examinations?

 

Answer ‐ UPSC publishes an Annual Calendar of all the Structured Examinations conducted by it at least 6 months in advance (i.e. in June) for the Examinations to be conducted during the next calendar year. The Calendar is uploaded on the UPSC’s website as also published in the leading news papers of the country. The date of issue of Examination Notice is also mentioned in the Annual Calendar.

 

Q 3.  How to apply for Examinations conducted by UPSC?

 

Answer ‐ Candidates can apply online for UPSC conducted Examinations by accessing the online portal hosted on the UPSC’s website (https://upsconline.nic.in).

 

Q 4.  How much time is given to the candidates for applying online?

 

Answer ‐ A candidate gets 3 weeks to 1 month’s time to apply online and can fill up the online application by following the instructions provided on the website for filling up online applications.

 

Q 5.  What happens if a candidate submits multiple online applications?

 

Answer ‐ While a candidate should avoid submitting more than one online application, in case of doing so, the data provided in the last application that is successfully submitted online is accepted by the Commission. All previous applications are ignored.

Q 6.  When should I apply if I choose to pay by Bank Challan?

 

Answer ‐ The closing date of submission of online application is clearly mentioned in the Examination Notice. Candidates, who make payments through Bank Challan, are required to submit online application at least a day before the notified closing date so that they can generate the Bank Challan to be submitted in any Branch of SBI throughout India. Facility of Challan generation will be deactivated on the last day of online application automatically by the system. However, Candidates can submit Bank Challan on the last day in SBI. Bank Challan generation is in Part‐II of Online Application.

 

Q 7. Which category of candidates is exempted from payment of Examination fee?

 

Answer ‐ For all the examinations conducted by the Commission, Female candidates, Persons with Disabilities and candidates belonging to the Scheduled Caste and Scheduled Tribe categories are exempted from payment of Examination fee.

 

Q 8.  What is meant by ‘fictitious payment’?

 

Answer ‐ Those payments mentioned by the candidates in their online application, which are not authenticated by the State Bank of India, i.e. the designated bank managing the entire payment module (including managing the payment gateway), are called fictitious payments.

 

Q 9.  How does the Commission resolve fictitious payment cases?

 

Answer ‐ The applicants, whose payments are marked fictitious, are intimated through e‐mail to submit physical proof of payment to the Commission. These applicants are required to submit the proof within the timeframe given in the email either by hand or by speed post to the Commission. In case, no response is received from the applicants, their applications are summarily rejected and no further correspondence is entertained in this regard.

Q 10. What precautions must be taken by candidates for claiming community reservation or reservation for PH?

 

Answer ‐ Candidates seeking reservation/ relaxation benefits available for Scheduled Caste/Scheduled Tribes/ Other Backward Classes/Physically Handicapped/Ex‐servicemen must ensure that they are entitled to such reservation/ relaxation in accordance with the eligibility prescribed in the Rules/Notice. They should also be in possession of all the requisite certificates in the prescribed format in support of their claims for availing reservation before applying for the examination, and in any case, not later than the closing date for receipt of applications for the examination.

 

Q 11. Can a candidate change his/her Community Status?

 

Answer ‐ A candidate is eligible to get the benefit of community reservation if his/her caste/tribe is included in the reserved community as may be determined by the Central Government. The Commission does not entertain a request for change of community from unreserved to reserved category once the examination process is initiated. However, in some exceptional cases where a particular caste/tribe is included in the list of reserved community within 2‐3 months from the date of submission of application, the Commission may consider a request of change of community as a special case.

 

In case of a candidate unfortunately becoming physically disabled during the course of the examination process, the candidate should produce valid document showing him acquiring a disability to the extent of 40% or more as mentioned in the relevant rules to enable him to get the benefits of PH reservation.

 

Q 12. Can a candidate change the Date of Birth from what he/she has submitted in the online application?

 

Answer ‐ The Commission does not allow change of Date of Birth that has been furnished by a candidate and recorded by the Commission on any ground whatsoever.


Q 13. What action is taken by the Commission in case of submission of false information by the candidates?

 

Answer ‐ A candidate found to be furnishing false information to the Commission or suppressing information, adopting various unfair means in the examination like impersonation, etc., is liable to be disqualified or debarred from writing UPSC Examinations as decided by the Commission. A detailed stipulation in this regard is incorporated in the Rules of Examination/ Examination Notices.

 

Issue of e‐Admit Card

 

Q 14. When are the e‐Admit Cards issued?

 

Answer ‐ The eligible candidates shall be issued an e‐Admit Card around three weeks to four weeks before the commencement of the examination. The e‐Admit Card will be made available on the UPSC website [www.upsc.gov.in] for downloading by candidates. e‐Admit Card will not be sent by post.

 

If a candidate is not issued his/her e‐Admit Card or does not receive any other communication regarding his/her candidature for the examination around three weeks before the commencement of the examination, he/she should immediately contact the Commission. Information in this regard can also be obtained from the Facilitation Counter located in the Commission’s Office either in person or over phone Nos. 011‐23381125/011‐ 23385271/011‐23098543

 

Q 15. What is the procedure adopted for allotment of Roll Number, Centre and Venue to the candidates?

 

Answer ‐ Allotment of Roll number and Venue to the eligible candidates is carried out in a random manner without manual intervention. The Commission makes all efforts to allot the candidate the Centre of his/her choice; however, the Centre may be changed at the discretion of the Commission.

 

Further, the allotment of Centres will be on the “first‐apply‐first allot” basis, and once the capacity of a particular Centre is exhausted, no further allotment at that Centre is possible. Applicants, who cannot get a Centre of their choice due to the ceiling, will be required to choose one of the remaining Centres. Applicants are, thus, advised to apply early so that they get the Centre of their choice.


Q 16. Are requests for change of Centre/ Venue accepted?

 

Answer ‐ The candidates should note that no request for change of Centre / Venue will be accepted.

 

While filling in his/her Application Form, the candidate should carefully decide about his/her choice of centre for the Examination. If any candidate appears at a Centre other than the one indicated by the Commission in his/her e‐Admit Card, the papers of such a candidate will not be evaluated and his/her candidature will be liable for cancellation.

 

Q 17. What are the precautions to be taken while uploading candidates’ photographs and signatures?

 

Answer ‐ Before filling up the Online Application, a candidate must have his/her photograph and signature duly scanned in the “JPG” format in such a manner that each file should not exceed 40 KB and must not be less than 3 KB in size for the photograph and 1 KB for the signature. The photograph and signature must be clearly discernable. Samples of acceptable photograph and signature are displayed in the application module.

 

Candidates should take due care while uploading their photograph since no changes are allowed once the photograph is uploaded and online application is submitted. Uploading of photograph/signature is the sole responsibility of the candidate and in case a wrong photograph/signature is uploaded, his/her candidature is liable to be cancelled for false identity.

 

Please check the e‐Admit Card carefully and discrepancies/ errors, if any, should be brought to the notice of UPSC immediately.

 

Q 18. What items are banned at the Examination Venues?

 

Answer ‐ (a) Mobile phones, smart watches, bluetooth, pagers or any other communication devices and IT gadgets are banned items and are therefore not allowed inside the premises where the examination is being conducted. Any infringement of these instructions shall entail disciplinary action including ban from future examinations.


 

(b) Candidates are advised in their own interest not to bring any of the banned items including mobile phones/bluetooth/pagers to the venue of the examination.

 

(c)  Candidates are also advised not to bring any valuable/expensive items to the Examination Halls, as safety of such items cannot be assured. Commission will not be responsible for any loss in this regard.

 

Reasons for Rejection of Online applications

 

Q 19. What precautions should be taken while filling up the Online Application Form?

 

Answer ‐ Please read the instructions carefully before filling up the Online Application Form.

 

Q 20. What is RID?

 

Answer ‐ RID is Registration ID, which is generated by the system when the applicant completes PART‐I registration of his/her application.

 

Q 21. What is TID?

 

Answer ‐ TID is Transaction ID, which is given by the Bank official when the applicant deposits his/her fee in cash. It is automatically generated when Internet Banking or credit/debit card mode is used for making the fee payment.

 

Q 22. What is meant by Part I and Part II of the Application Form? Answer ‐ Online Application Form consists of two parts i.e. Part I and Part II.

 

Part I of the Application has personal details like name, father’s name, date of birth, address, educational qualification, age relaxation, scribe details (only for Persons with Disabilities candidates opting for scribe) and preferences of particular exam, etc.

 

Part II of the Application consists of payment option for examination fee


(only for those who are not exempted from payment of fee), centre of Examination along with uploading of photo/signature of the Candidate.

 

Candidate has to complete both the Part I and Part II to be a Candidate of the said Examination.

 

Q 23. Non‐filling up of Part II/No submission of fee.

 

Answer ‐ If only PART‐I of the application is submitted without submitting PART‐II, the application remains incomplete and candidature cannot be registered. The application is incomplete even in cases where the applicant has submitted PART‐I and paid fee as well, but has not completed PART‐II (i.e., failed to submit photograph and signature).

 

Q 24. What are the steps in PART‐II registration? Answer ‐ Part II registration comprises of following steps:‐

 

1.  Fee payment (only for candidates not exempted from payment of fee).

 

2.  Choosing of the Examination centre from the available drop down menu.

 

3.  Uploading of photograph and signature.

 

4.  Agreeing to the Declaration.

 

Q 25. Not submitting the choice of Centre.

 

Answer ‐ Not submitting the choice of Centre is treated as non submission of Part

 

II   and leads to rejection of the Application. Therefore, Candidates are advised to click on the “submit” button after selecting the Examination Centre.

 

Q 26.  Non Payment of Fee.

 

Answer ‐ Submission of multiple applications, followed by either non‐payment of fee particulars OR fee particulars (TID) of one application (RID) being mentioned against another application with a different RID leads to rejection of the online


applications.

 

The applicants who are submitting multiple applications should note that only the applications with higher Registration ID (RID) number shall be entertained by the Commission and fee paid against one RID shall not be adjusted against any other RID number.

 

Q 27. Not uploading Photograph and Signature or their poor quality.

 

Answer ‐ Poor quality of uploaded photograph and signature or non‐uploading of the same will lead to the rejection of the online application. Please consult the relevant instructions regarding acceptable photograph/signature in the application module at the time of application.

 

Q 28. Entering wrong TID in case of payment through Bank Challan

 

Answer ‐ It is seen that some candidates who submit their fee through bank challan either enter the wrong TID or submit TID against the old TID. It is to be noted that in case of multiple submission of online applications by the candidate, only the last RID is considered and all other applications are automatically rejected. Therefore, the candidate should ensure that he/ she submits the fee against the last online application only.

 

Civil Services Examination

 

Q 29. What is the structure of the Civil Service Examination?

 

Answer ‐ The Civil Services Examination (CSE) comprises of two successive stages: the Civil Services (Preliminary) Examination (CSP) and the Civil Services (Main) Examination (written and interview).

 

Civil Services (Preliminary) Examination

 

Q 30. What is the Civil Services (Preliminary) Examination?

 

Answer ‐ UPSC conducts Preliminary Examination of the Civil Services Examination for recruitment to the Indian Administrative Service (IAS), Indian Foreign Service


(IFS), Indian Police Service (IPS) and other Central Services and posts in accordance with the Rules published by the Government (Department of Personnel & Training) in the Gazette of India Extraordinary.

 

This examination is meant to serve as a screening test only; the marks obtained in the Preliminary Examination by the candidates who are declared qualified for admission to the Main Examination will not be counted for determining their final order of merit. Only those candidates who are declared by the Commission to have qualified in the Preliminary Examination in the year will be eligible to appear in the Main Examination of that year provided they are otherwise eligible for admission to the Main Examination

 

Q 31. Is an attempt at the Civil Service (Preliminary) Examination (CSP) counted as an attempt at the Civil Service Examination (CSE) ?

 

Answer ‐ (i) An attempt at a Preliminary Examination shall be taken as an attempt at the Civil Services Examination. (ii) If a candidate actually appears in any one paper in the Preliminary Examination, it shall be taken as an attempt at the Examination. (iii) Notwithstanding the disqualification/ cancellation of candidature, the fact of appearance of the candidate at the examination will count as an attempt.

 

Q 32. If a candidate has applied for the Civil Services (Preliminary) Examination but has not appeared at any paper in the Civil Services (Preliminary) Examination will it be counted as an attempt?

 

Answer ‐ No, an attempt is counted only if a candidate has appeared in at least one paper in Civil Services (Preliminary) Examination.

 

Q 33.  What is the scheme of Civil Services (Preliminary) Examination?

 

Answer ‐ The Examination is comprised of two compulsory papers of 200 marks each. (i) Both the question papers are of objective type (multiple choice questions). (ii) The question papers are set in Hindi and English. (iii) Details of the syllabi are provided in the Examination Notice and Gazette Notification published by the Government. (iv) Each paper is of two hours duration.

 

Q 34. Is there negative marking at Civil Services (Preliminary) Examination?


 

Answer ‐ Candidates should note that there is penalty (negative marking) for wrong answers marked by a candidate in the Objective Type Question Papers. There are four alternatives for the answers to every question. (i) For each question for which a wrong answer has been given by the candidate, one‐third (0.33) of the marks assigned to that question is deducted as penalty. (ii) If a candidate gives more than one answer, it is treated as a wrong answer even if one of the given answers happen to be correct and there will be same penalty as above for that question. (iii) If a question is left blank, i.e. no answer is given by the candidate; there will be no penalty for that question.

 

Q 35. What are the minimum educational qualifications prescribed?

 

Answer ‐ The candidate must hold a degree of any of Universities incorporated by an Act of the Central or State Legislature in India or any other educational institution established by an Act of Parliament or declared to be deemed as a University under Section‐3 of the University Grants Commission Act, 1956, or possess an equivalent qualification.

 

Q 36. What are the eligibility criteria in terms of physical requirements/ functional classification required for a Service/ Post?

 

Answer ‐ The physically disabled candidates shall also be required to meet eligibility criteria in terms of physical requirements/functional classification (abilities/disabilities) consistent with the requirements of the identified Service/Post as may be prescribed by its Cadre Controlling Authorities. The details of physical requirement and functional classification are given in the Rules of Examination.

 

Q 37. What information should be given by persons already in Government Service to their Head of Office?

 

Answer ‐ Persons already in Government Service, whether in a permanent or temporary capacity or as work charged employees other than casual or daily rated employees or those serving under the Public Sector Enterprises are required to submit an undertaking that they have informed their Head of Office/Department, in writing, that they have applied for the Examination. Candidates should note


that in case a communication is received from their employer, by the Commission, withholding permission to the candidates applying for/appearing in the examination, their application will be liable to be rejected/candidature will be liable to be cancelled.

 

Q 38. What are the provisions regarding community reservation and change of community?

 

Answer ‐ A candidate will be eligible to get the benefit of community reservation only in case the particular community/ caste / tribe to which the candidates belong is included in the list of reserved communities issued by the Central Government. If a candidate indicates in his/her application form for Civil Services (Preliminary) Examination that he/she belongs to General category but subsequently writes to the Commission to change his/her category to a reserved one, such request shall not be entertained by the Commission. Similar principle will also be followed for physically disabled categories.

 

Q 39. What are the provisions for reservation for SC, ST, OBC and Physically Disabled candidates?

 

Answer ‐ Reservation will be made for candidates belonging to Scheduled Castes. Scheduled Tribes, Other Backward Classes and Physically Disabled Categories in respect of vacancies as may be fixed by the Government.

 

Civil Service (Main) Examination

 

Q 40. Can a candidate choose an optional subject, which he has not studied at graduate/post graduate level?

 

Answer ‐ Yes.

 

Q 41.  Which is the language / medium of question papers?

 

Answer ‐ The question papers (other than the literature of language papers) are set in Hindi and English.

 

Q 42. Can a candidate write different papers of Civil Service (Main) Examination


in different languages?

 

Answer ‐ No, the Candidates have the option to write their answers either in English or in any one of the Eighth Schedule languages except the Qualifying Language papers Paper‐A and Paper‐B, which they have indicated at the time of filling up of their online application form for Civil Service (Preliminary) Examination.

 

Q 43. How are the Question Papers for the Civil Services (Main) Examination structured? What is the duration of each paper?

 

Answer ‐ The question papers for the examination are of conventional (essay) type. Each paper are of three hours duration.

 

Q 44. Can a candidate write the Civil Service (Main) Examination in English and take the interview in Hindi or any other Indian language?

 

Answer ‐ The candidates, opting for Indian Language medium for the written part of the Civil Services (Main) Examination may choose either the same Indian Language or English or Hindi as the medium for the interview.

 

The candidates, opting to write the Civil Services (Main) Examination in English, may choose either English or Hindi or any other Indian Language opted by them for the compulsory Indian Language Paper in the written part of the Civil Services (Main) Examination, as the medium for interview. The candidate has to indicate the language medium of their interview at the time of filling up of the Detailed Application Form (DAF)

 

However, the candidates, who are exempted from the compulsory Indian Language Paper, will have to choose either English or Hindi as medium of Interview of Personality Test.

 

Q 45.  What are the Cut‐off Marks for the compulsory language Papers?

 

Answer – The minimum qualifying standards in each of the two Qualifying Papers i.e. English and Indian Languages is indicated in the examination Rules, is at present 25%.

 

Q 46. Is the Indian language Paper compulsory for candidates hailing from the


States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland and Sikkim?

 

Answer ‐ The paper on Indian Language (Paper A) is not compulsory for candidates hailing from the States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland and Sikkim. In the Online Application, if a candidate hails from these North‐Eastern States, the option for Indian Language will automatically be disabled in the Online Application.

 

Q 47. What marks are reckoned for merit ranking in the written part of the Civil Services (Main) Examination?

 

Answer ‐ Marks obtained by the candidates for the Papers I‐VII only will be counted for merit ranking (of those candidates who obtain the specified minimum marks in the qualifying papers). However, the Commission have the discretion to fix qualifying marks in any or all of these papers.


 

Compendium of

 

Frequently Asked Questions on

 

Recruitment Rules

 

 

 

 

 

DISCLAIMER

 

This compilation of Frequently Asked Questions (FAQs) has been published for general guidance, information, and assistance of users. The information contained herein is general in nature and is by no means exhaustive, and is not in the nature of legal or statutory opinion, advise, interpretation or authority on the issues involved. The Rules, Procedures, and Guidelines cited may be changed or modified over time, and for any clarification, the respective Rules made by the Competent Authority or orders of the Department of Personnel and Training, Government of India or may be referred to. Under no circumstances shall the Union Public Service Commission be liable for any liability, loss, damage, or expense incurred or suffered that is claimed to have resulted from the use of material contained in this compilation, including, without limitation, any error or omission with respect thereto.

 

 1.    What is Recruitment and what are Recruitment Rules?

 

Recruitment is the process of selection of incumbents to a designated post and Recruitment Rules are the provisions prescribed under the Statute, for executing the same. The UPSC is required to advise upon the Recruitment Rules for various Civil Posts which are mandated to it, under the Constitution of India or a specific Act governing an autonomous organization.

 

 

 

 

2.    What is the difference between Recruitment Rules & Service Rules?

 

 

Service Rules are required to be framed for defined Organized Service(s) to the Union of India. The Service Rules are comprehensive statutory documents, which include specifications with regard to,

 

 

a.    Title and definitions

 

b.    Authorized strength & grade(s)

 

c.     Initial constitution and future definition

 

d.    Seniority, qualifying service for promotion, probation & method of recruitment

e.    Liabilities and disqualification

 

f.      Relaxation provisions

 

g.    Savings clause


Recruitment Rules are required to be framed for all Civil posts of a permanent nature. Furthermore, the Recruitment Rules do not contain many Clause(s) of Service Rules of Organized Service(s).

 

 

 

 

3.    Why are Recruitment Rules required to be framed?

 

The Recruitment Rules are required to be framed for every post, in order to ensure probity and transparency in the process of Recruitment. They specify the provisions under various Columns, which are required to be adhered to and cannot be changed once the process of Recruitment has been initiated.

 

 

 

4.    For what kind of posts are the Recruitment Rules required to be framed?

 

The Recruitment Rules are required to be framed for all posts which have been created and last for a period beyond one year. (In other words, the Recruitment Rules are mandatorily required to be enacted for all posts of a permanent nature.)

 

 

 

5.    What kind of posts are exempted from the purview of mandatory consultation with the UPSC?

 

The Civil Posts (Classified as Group A & Group B) in the Union of India/ Union Territories of India, which are specifically exempted and included under the UPSC (Exemption from Consultation)

Regulations, 1958, are exempted from the purview of mandatory consultation with the UPSC for the purpose of framing or amendment of Recruitment Rules.

 

 

 

 

6.    Which autonomous Organizations are required to consult the UPSC for framing of Recruitment Rules to posts under their jurisdiction?

 

In accordance with the mandate assigned under Article 321 of the Constitution, the Organizations, established under an Act of the Parliament, where the requirement of mandatory consultation with the UPSC is specified under a designated Section of the Act, are required to seek the Advice of the UPSC for purpose of framing or amendment of Recruitment Rules to Group A & Group B Civil Posts under their organization(s). Examples of such organizations are :‐ the New Delhi Municipal Council, Municipal Corporation of Delhi, Employees State Insurance Corporation, Employees Provident Fund Organization, Delhi Jal Board, etc.

 

 

 

 

7.    Why are Recruitment Rules required to be amended periodically?

 

Recruitment Rules prescribe various specifications relating to classification of post, pay structure (grade pay), method of recruitment, composition of various Committee(s), essential qualifications & consultation process with the UPSC. The said

information is based upon extant Guidelines of the DoP&T and Government of India, which are revised based upon inputs like the Pay Commission Recommendations etc. Furthermore, the change(s) in the cadre structure and essential qualifications to a given post etc., also require due amendments in the specific column(s) of the Recruitment Rules. Due to these reasons, the Recruitment Rules are required to be amended every five years, in compliance of the said Guidelines of the DoP&T.

 

 

 

 

8.    Who are the stakeholders involved in framing / amendment of RRs?

 

a.        The draft for a proposal for framing of Recruitment Rules is initiated by the Administrative Ministry, which controls the designated post. Approval of the Competent Authority in the Ministry concerned is required, in accordance with the DoP&T guidelines. The Competent Authority can delegate the specified power(s).

 

b.       Necessary approval for creation of a given post is required from the Department of Expenditure / Cabinet in terms of guidelines of the Department of Expenditure.

c.        Consequent upon the said approval, the proposal is required to be submitted to the DOP&T for concurrence.

 

The UPSC is required to be consulted for necessary approval to the given Recruitment Rules after the concurrence of the  DOP&T has been acquired. The advice of the UPSC is rendered through an Advice Letter addressed to the Ministry / Organization concerned.

 

e.        The Schedule Recruitment Rules are then required to be got vetted from the Ministry of Law & Justice.

f.         Subsequently, the Recruitment Rules are required to be notified in the Official Gazette of the Government of India in order to be considered as a statutory document for the purpose of Recruitment to the relevant post.

 

 

9.    What is the ‘Savings Clause’ in terms of the Recruitment Rules? The Recruitment Rules, as framed and notified, should be in compliance with the

 

a.    Policy of reservation in recruitment,

 

b.    Relaxation(s) in age limit and other concessions required to be provided to various special category(s) of applicants

 

based upon the extant Guidelines & Policy(s) of the Government of India.

 

 

10.                      What is the Single Window System (SWS) for receipt of proposals in the UPSC?

 

The proposals for framing or amendment of Recruitment Rules, are received in the UPSC under the SWS, wherein a designated Officer of the rank of Under Secretary to the Government of India is authorized to accept the proposal, from a designated Ministry/Department. The Ministry(s) / Department(s) are required to designate an Officer not below the rank of Under Secretary to bring the proposal to the Single Window. The said proposal is evaluated through a preliminary scrutiny, based upon a pre‐defined Check‐list, which specifies the documents and information required to be provided along with a proposal. In case the proposal is found to be incomplete, the reasons thereof are recorded on‐the‐spot and intimated to the Official from the Ministry / Department concerned for necessary compliance. Only proposals complete in all respects, are accepted and processed by the Commission.

 

 

 

 

11.                     What is the new Check‐list for the SWS?

 

The Check‐list in use in the SWS has been comprehensively revised. The Check‐list incorporates twenty‐nine points of evaluation for a given proposal. It has been uploaded onto the Website of the UPSC and is being used for receipt of new proposals with effect from 01.05.2015.

 

 

 

 

12.                      What are the common deficiencies observed during the preliminary scrutiny process of proposals in the SWS?

 

 

The proposals, which are brought for consideration in the SWS, are generally found to have the following deficiencies:‐

 

a.    Approval of the Competent Authority, authorized to approve the draft proposal, are not enclosed

 

b.    Relevant document(s) required under the Check‐list of the SWS, are not enclosed

c.     Certificate of Court Case(s) (i.e., the proposal being not sub‐ judice under consideration of any Court), is not enclosed

 

d.    Inclusion of the word ‘equivalence’ in the essential qualifications, prescribed for the given post

 

e.    Use of non‐specific domain experience, which could result in difficulty of interpretation during actual process of Recruitment.

 

 

13.                      Who is mandated to prescribe the nomenclature for a particular post for which the Recruitment Rules are being framed?

 

 

The designation / nomenclature assigned to a given post is the prerogative of the Organization which controls the post. A similarly designated post may carry different Grade Pay(s). For instance a post designated as a ‘Deputy Director’ might be an Under Secretary, or a Deputy Secretary or a Joint Secretary level post in different organizations.

 

 

14.                      What is the prescribed quota for promotion posts in the method of recruitment?

 

 The Guidelines prescribe a pyramid structure in the cadre hierarchy of any organization. The ratio for the promotional post to the feeder grade post is thus prescribed at 1 : 3 where the recruitment is by way of Selection. In case a ratio lower than 1 : 3 is proposed by the Ministry/ Department concerned, specific reason must be incorporated therein.

 

 

15.                      Is the prior approval of the UPSC mandated for de‐ notification of existing Recruitment Rules?

 

In case of the Ministry/ Department, which controls the designated post, desires that the Notified Recruitment Rules is to be de‐ notified or a given post is to be encadred into a specific Organized Service (which requires a change in the method of recruitment to the given post), prior approval for de‐notification of the existing Recruitment Rules is required from UPSC.

 

 

16.                      What is the difference between ‘Selection’ and ‘Non‐ Selection’ posts in the Recruitment Rules?

 

In case the promotion to a given post is based upon merit only, the recruitment is defined to be by way of ‘Selection’. In other words, seniority is not given precedence over performance (or grading in the performance reports) for recruitment to the given post. Thus, an incumbent with less qualifying service in the feeder grade can be selected if possessing better performance appraisal vis‐à‐vis another who has more qualifying service in the feeder grade but with a lower grade in performance appraisal.

 

 

However, when promotion to a post is made on the basis of seniority only subject to the rejection of a pre‐defined grade of ‘fit’ and ‘unfit’, the process is specified as ‘Non‐Selection’. In other words, if the grade for ‘fit’ is defined as ‘Very Good’ in the Performance Appraisal, the posts to the given Grade shall be filled up from amongst incumbents in accordance to their Seniority in the feeder grade subject to their possessing the performance appraisal defined to be necessary for declaring a candidate as ‘fit’.

 

 

 AIS Branch

 

 

 

Q 1.     What is the main function of the All India Services (AIS) Branch?

 

Answer - The main function of the All India Services Branch of the Commission is to assist the Commission in induction of State Services Officers into the All India Services through Promotion or by Selection.

 

Q 2. Does the AIS Branch deal with the regular promotion cases/disciplinary cases/other service matters of the All India Services?

 

Answer - No. AIS branch deals only with appointment by promotion of State Civil Service (SCS)/State Police Service (SPS)/State Forest Service (SFS) Officers to the Indian Administrative Service (IAS)/Indian Police Service (IPS)/Indian Forest Service (IFS) respectively and appointment by Selection of Non-State Civil Services (NSCS) Officers to the IAS.

 

Q 3. What are the different modes of recruitment to the All India Services?

 

Answer - There are two modes of recruitment to the All India Services;

 

(i)   Direct Recruitment: Through the Civil Services Examination for IAS and IPS and the Indian Forest Service Examination for the IFS. These Examinations are conducted by UPSC.

 

(ii)  Promotion/Selection: By way of promotion of the SCS/SPS/SFS officers to the respective All India Service and by way of selection of Non-State Civil Services (NSCS) Officers to the IAS.

 

Q 4. What is the quantum of promotion quota?

 

Answer - The number of persons recruited by way of promotion/selection in any State or group of States shall not, at any time, exceed 33.33% of the total cadre strength of the All India Service in that State or group of States.

 

Q 5. Is there any restriction on the number of Non -State Civil Service (NSCS) Officers who can be inducted into the IAS in a given year?

 

Answer - For any State or group of States, the number of persons recruited by way of selection shall not at any time exceed 15% of the number of persons recruited against promotion quota which is 33.33% of the cadre strength.

 

 

 

 

 

 

 

 

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Q 6. What are the Rules and Regulations governing the promotions to the Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS)?

 

Answer - Promotions to the three All India Services viz. IAS, IPS and IFS are governed under the respective Recruitment Rules viz. Indian Administrative Service (Recruitment) Rules 1954, Indian Police Service (Recruitment) Rules 1954 and Indian Forest Service (Recruitment) Rules 1966 and the respective Promotion Regulations viz. IAS (Appointment by Promotion) Regulations 1955, IPS (Appointment by Promotion) Regulations 1955 and IFS (Appointment by Promotion) Regulations 1966. The selection of Non -State Civil Service (NSCS) Officers for appointment to IAS is governed by the IAS (Appointment by Selection) Regulations 1997. Copies of these Recruitment Rules and Promotion Regulations are hosted by Government of India, Department of Personnel & Training (DoP&T) on their Website www.persmin.gov.in.

 

Q 7. What are the eligibility conditions for consideration for promotion to All India Services?

 

Answer - In terms of the provisions of Promotion Regulations, a State Civil/Police/Forest Service Officer is eligible to be considered for promotion to IAS/IPS/IFS, provided on 1st January of the year for which the Select List is to be prepared, if he/she-

 

(a)            is a member of the State Civil/Police/Forest Service, as the case may be; and

(b)         has completed not less than eight years of continuous service (whether officiating or substantive) in the post of Deputy Collector or in any other post or posts declared equivalent thereto by the State Government for IAS/ Deputy SP or in any other post or posts declared equivalent thereto by the State Government for IPS/ post(s) included in the State Forest Service for IFS; and

 

(c)         is confirmed in the State Service; and

 

(d)         is within the zone of consideration which is equal to three times the number of vacancies in the order of seniority; and

(e)         has not attained the age of 54 years (The cut-off age has been increased to 56 years which shall come into effect from the Select List of 2015, that is for the vacancies which may arise between 01.01.2015 and 31.12.2015, as per the amendments to the IAS/IPS/IFS Promotion Regulations dated 17.03.2015 and the clarification issued vide OM No. 14015/30/2015-AIS-I dated 20.03.2015 by the Department of Personnel & Training, Government of India).

 

 

2


 

Q 8. What are the eligibility criteria for consideration for selection of Non-State Civil Service Officers to the Indian Administrative Services?

 

Answer - In terms of the provisions of IAS (Appointment by Selection) Regulations 1997, a Non-State Civil Service Officer is eligible to be considered for selection to the Indian Administrative Service, provided he/she-

 

(a)         is of outstanding merit and ability; and

 

(b)         holds a Gazetted post in a substantive capacity; and

 

(c)         has completed not less than 8 years of continuous service under the State Government on the first day of January of the year in which his/her case is being considered in any post which has been declared equivalent to the post of Deputy Collector in the State Civil Service; and

 

(d)         has not attained the age of 54 years on the 1st day of the January of the year for which the Select List is to be prepared. (The cut-off age has been increased to 56 years which shall come into effect from the Select List of 2015, that is for the vacancies which may arise between 01.01.2015 and 31.12.2015, as per the amendments to the IAS Selection Regulations dated 17.03.2015 and the clarification dated 20.03.2015 issued thereto by the DoP&T, Government of India).

 

Q 9. What is the crucial date for reckoning the eligibility of Officers for the vacancies of a particular year?

 

Answer - The crucial date for reckoning the eligibility of Officers for inclusion in the zone of consideration is to be taken as the 01st January of the year in which the promotion quota vacancies arise.

 

Q 10. What is the notional date for reckoning the availability of the eligible Officers?

 

Answer - The notional date for reckoning the availability of eligible Officers in the State Services for consideration for promotion is to be taken as 31stDecember of the vacancy year.

 

 

Q 11. Who are the Cadre Controlling Authorities for the IAS/IPS/IFS?

 

Answer - The Central Government is the Cadre Controlling Authority for the three All India Services. In terms of the provisions of the respective IAS/IPS/IFS Promotion Regulations, the Central Government means Ministry of Personnel, Public Grievances & Pensions, Department of Personnel &

 

Training for IAS, Ministry of Home Affairs for IPS and Ministry of Environment, Forests & Climate Change for IFS. The vacancies to be filled under the Promotion Quota for each year are determined by the Central Government in consultation with the respective State Government and the final appointments are also made by the Central Government.

 

Q 12: Who does play the role of State Government for Union Territories (UT)?

 

Answer - For promotions to UT segment of Joint AGMUT Cadre the State Government means Ministry of Home Affairs for IAS and IPS and the Ministry of Environment, Forests & Climate Change for IFS.

 

Q 13. What is the role of the UPSC in promotion/selection to the All India Services?

 

Answer - Once the vacancies for promotion/selection to the All India Services have been determined by the respective Cadre Controlling Authorities in consultation with the State Governments concerned, the State Government forwards the proposal for promotion/selection for the relevant year(s) to the Commission through the Single Window System.

 

Thereafter, the proposal is examined by the Commission in detail and deficiencies, if any, are communicated to the State Government concerned for rectification of such deficiencies. After the proposal is complete in all respects, the meeting of the Selection Committee is convened by the Commission for preparation of a list of Officers as are suitable for promotion/selection. Upon receipt of the observations of the State Government and the Central Government on the recommendations of the Selection Committee, as required under relevant Regulations of respective Promotion/Selection Regulations, the recommendations of the Selection Committee are placed before the Commission for approval. The list as finally approved by the Commission forms the Select List of the members of the State Service Officers. Appointments to the All India Services are then made by the respective Cadre Controlling Authorities.

 

 

Q 14. What are the documents required to be sent by the State Government while sending proposals to the Commission for convening the Selection Committee Meetings?

 

Answer - a) Latest Seniority List duly notified.

 

b)           Eligibility List(s) of Officers to be considered.

 

c)           Integrity Certificate duly signed by the Chief Secretary.

 

d)           Statement of Disciplinary/Criminal proceedings pending against the Officers with date of issue of charge sheet/filing in the Court of law.

 

e)           Statement of adverse remarks in the ACRs – which are yet to be communicated; ACRs communicated but the time limit to represent is not yet over; a representation against the adverse remarks is submitted but decision of the State Government is pending.

f)            Statement of penalties imposed during the last 10 years with brief particulars, date of penalty and the currency period of penalty.

 

g)           Statement of Court cases having a bearing on the preparation of the Select List.

h)           Complete ACR dossiers containing original ACRs with ‘Non Recording Certificates’ indicating valid reasons for missing ACRs.

 

i)             A statement of available ACRs with reasons for missing ACRs.

 

Q 15. When can a meeting of the Selection Committee for a particular year be convened for promotion to IAS/IPS/IFS?

 

Answer - A meeting of the Selection Committee for the vacancies of a particular year can be convened at any time after the vacancies have been determined by the Central Government, provided a proposal, complete in all respects, is furnished by the State Government concerned to the Commission. However, Commission advises the State Governments from time to time, to complete this exercise as early as possible during the year.

 

Q 16. What is the composition of the Selection Committee?

 

Answer - Composition of the Selection Committee is specified in the Schedule of the Promotion Regulations which are available on Website of Government of India, Department of Personnel & Training (DoP&T) viz. www.persmin.gov.in. The absence of a Member, other than the Hon’ble Chairman or Hon’ble Member of the Commission, shall not invalidate the proceedings of the Committee if more than half of the members of the Committee have attended the Meeting.

 

Q 17. What is a Select List?

 

Answer - The list of the Officers recommended for induction into the All India Services for a particular year vacancy by the Selection Committee forms the Select List for that year after it is finally approved by the Commission in terms of the relevant provisions of the Promotion/Selection Regulations. The numberof officers in the Select List cannot exceed the number of vacancies notified for that year by the Cadre Controlling Authority concerned.

 

Q 18. Whether year-wise Select Lists can be prepared if the Selection Committee does not meet for a year?

 

Answer - Yes, in case, the Selection Committee Meeting could not be held by 31st December of the previous year(s), year-wise Select Lists can be prepared as and when the Selection Committee meets again, in terms of proviso to Regulation 5(1) of the Promotion Regulations.

 

Q 19. What is the validity period of the Select List?

 

Answer - In terms of Regulation 7(4), the validity period of the Select List is up to 31st December of the year in which the Selection Committee Meeting is held or 60 days after the Select List is approved by the Commission, whichever is later.

 

Q 20. An Officer has retired from the service/expired. Can he/she still be considered for inclusion in the Select List?

 

Answer - Yes. If an Officer was eligible for the Select List of a particular year and also available for consideration on the 31st December of that year, he/she will be considered for inclusion in the Select List for that year even if he/she has retired from the service / expired in the meanwhile. For example, if an officer who was eligible for the Select List of 2010, retired/expired in, say, 2012 and the Selection Committee Meeting was conducted in 2013, this Officer would be considered for the Select List of 2010 as he was available for consideration on 31st December of the vacancy year, which is 2010.

 

Q 21. Is there any provision to give extended Panel in lieu of officers included in the Select List who are retired or not available for appointment by promotion?

 

Answer - No.

 

Q 22. Can an Officer whose representation for expunction of adverse remarks from his ACRs is pending with State Government be included in the Select List?

 

Answer - Yes, if he is otherwise found suitable by the Selection Committee by ignoring such adverse remarks. However, his inclusion will be provisional subject to expunction of such adverse remarks in terms of proviso to Regulation 5(5).

 

Q 23. Can the Officers against whom disciplinary proceedings/ criminal proceedings are pending, be included in the Select List? What will be the position if they are subsequently exonerated? Will ‘Sealed Cover Procedure’ be followed in their cases?

 

Answer - Yes, they can be included provisionally if otherwise found suitable. However, in the event of their exoneration or if the conditions leading to their provisional inclusion no longer subsist, their names can be made unconditional by the Commission in the Select List provided a proposal is received from the State Government within the validity period of the Select List. There is no ‘Sealed Cover Procedure’ in promotions to the All India Services.

 

Q 24. Whether an eligible Officer whose Integrity Certificate has been withheld by the State Government can be included in the Select List (other than Non-SCS category)?

 

Answer - Yes, the name of the Officer, whose Integrity Certificate has been withheld by the State Government may be included in the Select List by the Selection Committee provisionally, subject to grant of Integrity Certificate, if the Selection Committee finds the Officer otherwise suitable for promotion on the basis of an overall assessment of his/her ACRs.

 

Q 25. Whether an Officer whose integrity certificate is withheld by the State Government or against whom disciplinary/ criminal proceedings are pending is eligible to be considered for selection to IAS (Non-SCS)?

 

Answer - No.

 

Q 26. When can a disciplinary/criminal proceedings be treated as pending against an Officer?

 

Answer - A disciplinary/ criminal proceedings shall be treated as pending only if a charge sheet has been issued to the Officer or filed in a Court as the case may be.

 

 

Q 27. What is meant by the categorization of Officers by the Selection Committee Meeting?

 

Answer - In accordance with Regulation 5(4) of the Promotion Regulations, the Selection Committee shall classify/categorize the eligible Officers as‘Outstanding’, ‘Very Good’, ‘Good’ and ‘Unfit’ as the case may be on an overall relative assessment of their service records.

 

 

 

Q 28. Is there any ‘bench mark’ grading, like in DPCs, in the preparation of the Select List?

 

Answer - No. There is no concept of ‘bench mark’ or assessment as ‘fit/unfit’ in the preparation of Select List by the Selection committee. The Select List is prepared by including the required number of names first from amongst the Officers finally classified as ‘Outstanding’ then from amongst those similarly classified as ‘Very Good’ and thereafter from amongst those similarly classified as ‘Good’ and the order of names, inter-se, within each category are in the order of their seniority in the State Service.

 

Q 29. What records are assessed by the Selection Committee?

 

Answer - The Selection Committee makes an assessment of the ACRs (and other service records) of the eligible Officers furnished by the State Government with special reference to the performance of the Officer during the last five years including the vacancy year.

 

 

Q 30. In case of unavailability of ACR of a year within the matrix of five preceding years, how is the assessment done by the Selection Committee?

 

Answer - As the overall assessment of the Officer cannot be withheld because of non-availability of ACRs, the Selection Committee makes the categorization on the basis of available ACRs. Thus, where one or more ACRs of an Officer have not been written for a year or more on account of his/her being on leave, training or because no officer supervised his/her work for more than three months or for any other valid reason during the relevant period, the Selection Committee consider the ACRs of the years preceding the period of five years.

 

 

Q 31. How are the assessments made by the Selection Committee?

 

Answer - Selection Committee is independent to make its own assessments. The Hon’ble Supreme Court have also upheld this power of the Selection Committee vide their judgments in UPSC Vs H.L. Dev and Others [1988 SC 1069] and UPSC Vs K. Rajaiah and Others [2005 10 SCC 15]. The detailedinternal guidelines, framed by the Commission in this regard, are hosted on the website of UPSC at www.upsc.gov.in.

 

 

 

 

 

Q 32. An Officer has been graded differently by his Reporting Authority and Reviewing/Accepting Authority. Will the Selection Committee take the lower grade for assessment?

 

Answer - No. The Selection Committee make their own assessment while assessing an Officer’s ACR. If the Reviewing Authority or the Accepting Authority, as the case may be, has differed from the assessment made by the Reporting Officer or the Reviewing Authority, as the case may be, the remarks of the latter authority are taken as the final remarks for the purpose of assessment provided it is apparent from the relevant entries that the higher authority has come to a different assessment consciously after due application of mind.

 

Q 33. Can the Selection Committee differ with the overall grading indicated in the ACRs?

 

Answer - Yes, the Selection Committee is a high powered statutorily constituted Committee and is vested with the power to make an independent assessment of the service records and ACRs of the Officers. The grading awarded by the Committee is based on the attributes indicated in various columns of the ACRs and at times may be at variance with the overall grading recorded in the ACR by the Reporting Officer/Reviewing Officer/Accepting Officer. The Hon’ble Supreme Court in their judgment in the case of K. Rajaiah [2005 10 SCC 15], have also held that the Selection Committee is not bound by the overall grading recorded in the ACRs.

 

Q 34. Does the Selection Committee follow the DPC guidelines issued by the Government of India, DOP&T?

 

Answer - No. The Selection Committee makes the assessments in terms of the provisions of the Promotion Regulations as per the guidelines of the Commission. The Hon’ble Supreme Court in their judgment dated 13.12.2007 in Civil Appeal No. 5883-5891 of 2007 filed by Shri M.V. Thimmaiah & Ors. Vs. Union Public Service Commission & Others have upheld the guidelines of the Commission for making the assessment of service records by the Selection Committees constituted under the Promotion Regulations. The Court have observed as under:

 

Therefore, in view of the catena of cases, courts normally do not sit in the court of appeal to assess the ACRs and much less the Tribunal can be given this power to constitute an independent Selection Committee over the statutory Selection Committee. The guidelines have already been given by the Commission as to how the ACRs to be assessed and how the marking has to be made. These guidelines take care of proper scrutiny and not only by the Selection Committee but also the view of

 

the State Government are obtained and ultimately the Commission after scrutiny prepare the final list which is sent to the Central Government for appointment”.

 

Q 35. How is the case of a provisionally included Officer considered while preparing year-wise Select Lists for more than one year?

 

Answer - While preparing year-wise Select Lists for more than one year pursuant to the 2nd proviso to Sub-Regulation (1) of the Promotion Regulations, the officer included provisionally in any of the Select List so prepared, shall be considered for inclusion in the Select List of subsequent year in addition to the normal consideration zone and in case he is found fit for inclusion in that Select List also on a provisional basis, such inclusion shall be in addition to the normal size of the Select List determined by the Central Government for such year.

 

Q 36. Can an Officer be assessed as ‘unfit’ on the basis of a disciplinary/criminal proceedings pending against him?

 

Answer - No. An Officer can be declared ‘unfit’ only if the Officer has been imposed with a penalty which renders him unfit on overall assessment and not merely on basis of a disciplinary/ criminal proceedings pending against him. However, in case of disciplinary/criminal proceedings being pending against an Officer, he/she is to be included in Select List provisionally, if otherwise found fit, subject to clearance in the disciplinary/criminal proceedings.

 

Q 37. What is the date from which the currency of a penalty is taken?

 

Answer - The currency of penalty is taken from the date on which it is imposed to the date it ceases to be in force.

 

Q38. Will the penalty render an Officer ‘unfit’ for inclusion in a Select List if the offence was committed prior to the Assessment Matrix of five preceding years but currency of penalty flows into the Assessment Matrix?

 

Answer - Yes. Suppose, an offence was committed by an Officer in the year 2000 but the penalty was imposed in 2008 and he/she was included in the zone of consideration for the Select List of 2010, he/she would be rendered ‘unfit’ as the currency of the penalty flows into the Assessment Matrix which spans from 2005-06 to 2009-10.

 

 

 

 

Q 39. Suppose the Selection Committee Meeting for preparation of year-wise Select Lists of 2012 & 2013 was held in June 2014 and a penalty was imposed on one of the eligible Officers in, say, March 2014. Will the Officer be rendered ‘unfit’ for inclusion in the Select Lists?

 

Answer - Yes. If the currency of the penalty flows into the SCM year, which is 2014 in this case, the Officer would be graded as ‘Unfit’ in the overall assessment for all the Select Lists being prepared.

 

Q 40. How is the penalty of ‘Censure’ treated while making assessments?

 

Answer - The Selection Committee, while preparing the Select List(s), may take into account the effect of ‘Censure’ as under:

 

(a)  If the date of imposition of the ‘Censure’ falls within any of the years in the Assessment Matrix, the Committee would categorize the Officer as ‘Unfit’ for the year in which it is imposed for the first Select List prepared in which he is eligible to be considered.

 

(b)   If the date of imposition of the ‘Censure’ is subsequent to the last year in the Assessment Matrix, and upto the date of the Selection Committee meeting (SCM), the Committee would categorize the Officer as ‘Unfit’ in the overall assessment for the first Select List prepared in which he is eligible to be considered.

 

(c)  The penalty of ‘Censure’ would be ignored for the subsequent Select Lists for which the Officer may be eligible to be considered.

 

Q 41. Is there any supersession in the promotion to the All India Services?

 

Answer - Yes. In terms of provisions of Regulation 5(4) and 5(5) {5(3AA) and 5(4) for IFS} of Promotion Regulations, the selection for promotion to the All India Services is on the basis of merit.

 

Q 42. For selection of Non-SCS Officers for appointment to IAS, what is the weightage of ACRs and interview?

 

Answer - It is 50:50. However, a minimum of 50% marks in each segment would be required to qualify for inclusion in the Select List.

 

Q 43. Is there a provision for preparation of year-wise Select Lists in respect of appointment by selection of Non-SCS Officers?

 

Answer - No. The process of selection of Non-SCS Officers terminates at the end of the calendar year succeeding the vacancy year. If the Selection Committee Meeting could not be held by the end of that calendar year, the vacancy ceases to exist for Non-SCS Officers and, thereafter, for that particular year, no Meeting is possible.

 

 

Q 44. Is there any reservation for Scheduled Caste(SC)/Scheduled Tribe (ST)/Other Backward Classes (OBC)/ Physically Handicapped (PH) categories in the appointment by promotion/selection to the All India Services?

 

Answer - No. There is no provision for reservation for any category of persons in the Promotion/Selection Regulations which govern the promotions/selections to the All India Services.

 

Q 45. Can minutes of the Selection Committee Meeting be disclosed under RTI Act?

 

Answer - Yes, the minutes of the Selection Committee Meeting can be disclosed under the Right to Information Act, 2005.

 

Q46. Can the year-wise assessment sheet be disclosed under RTI Act?

 

Answer - No. The year-wise assessment sheet cannot be disclosed. However, in pursuance of the Interim Order passed by the Hon’ble Delhi High Court in the case of UPSC Vs Madhu Khare, the Commission has decided that the year-wise assessment of the individual concerned only can be revealed to him/her if specifically asked for under the Right to Information Act, 2005.

 

Q 47. Is there provision for review of the Select Lists already approved and acted upon subsequently due to change of seniority in the State Service, change of records viz. expunction of adverse remarks, exoneration from disciplinary/criminal proceedings, setting aside of penalties etc.?

 

Answer - No. There is no provision in the Promotion Regulations for review of Select Lists for promotion to the All India Services for any reason whatsoever. A Select List can be reviewed only on specific directions of the Court.

 

Q 48. Can any Officer who has expressed his/her unwillingness to be appointed to the All India Services be included in a Select List?

 

Answer - If any Officer has been included for the first time in the zone of consideration, he/she shall be considered for inclusion in the Select List. However, the Committee shall not consider the case of such member of the State Civil Service who had been included in an earlier Select List and had expressed his/her unwillingness for appointment to the All India Service.

 

However, he/she shall be considered for inclusion in the subsequent Select List, if before the commencement of the year, he/she applies in writing, to the State Government expressing his/her willingness to be considered for appointment to the Service.

 

Q 49. What is the procedure for declaring an Officer included provisionally in the Select List as ‘unconditional’?

 

Answer - The State Government has to forward a specific proposal to declare provisionally included Officer in the Select List as ‘Unconditional’, to the Commission during the period when the Select List is in force. The Commission shall decide the matter within a period of forty-five days or before the date of meeting of the next Selection Committee, whichever is earlier and if the Commission declares the inclusion of the provisionally included Officer in the Select List as unconditional and final, the appointment of the concerned Officer shall be considered by the Central Government.

 

Q 50. Can the Commission make any changes in the Select List after receiving comments from the State Government?

 

Answer - If the Commission considers it necessary to make any changes in the list received from the State Government, the Commission shall inform the State Government and the Central Government of the changes proposed and after taking into account the comments, if any, of the State Government and the Central Government, may approve the list finally with such modifications, if any, as may, in its opinion, be just and proper.

 


APPOINTMENT BRANCH

 

 

FAQs – Appointment by Promotion/ Deputation:

 

Q 1 What is the Constitutional mandate of the Union Public Service Commission (UPSC) with regard to Appointment by Promotion/ Deputation?

 

Answer - Union Public Service Commission is a Constitutional Body constituted under Article 315 of the Constitution of India. The functions of the Commission are laid down in Article 320 of the Constitution. As per Article 320 {(3) (b)}, the Commission shall be consulted by the Government on the principles to be followed in making appointments to Civil Services and Posts and in making promotions and transfers by deputation from one service to another and on the suitability of candidates for such appointments, promotions, or transfer by deputation.

 

Q 2 Are there any exceptions to the consultation with UPSC in making such promotions and transfers by deputation?

Answer - Proviso to clause (3) of Article 320 of the Constitution provides that the President as respects the All India Services and also as respects other services and posts in connection with the affairs of the Union, may make Regulations, specifying the matters in which either generally, or in any particular class of case, or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.

 

Q 3 Are these functions of UPSC limited to the posts of the Union only?

 

 

Answer - Article 321 of the Constitution lays down that an Act made by the Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the UPSC or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by Law or of any Public institution. By virtue of provisions made in the relevant Acts, the functions of the UPSC have so far been extended to consider the cases of appointment by direct recruitment/promotion/deputation of the following Corporations/Bodies:-

 

i.        The Employees State Insurance Corporation. (By way of ESI Act 1948)

 

ii.        The Employees Provident Fund Organisation. (By way of EPF Act, 1952)

iii.        The Delhi Municipal Corporation. (By way of DMC Act, 1957)

 

iv.        The New Delhi Municipal Council. (By way of NDMC Act, 1994)


 

 

Q 4 Are there any exemptions from the consultation with UPSC in making appointment by promotion or transfer?

Answer - Under the proviso to clause (3) of Article 320 of the Constitution, the President has framed the Union Public Service Commission (Exemption from Consultation) Regulations, 1958 specifying the matters in which it shall not be necessary for the Commission to be consulted. As per these Regulations it shall not be necessary to consult the Commission, save as otherwise expressly provided in the Rules governing recruitment by appointment/promotion to Civil Service or Civil Posts, in regard :

 

a)    to a post included in an All India Service, of any officer who is already a member of an All India Service;

 

b)    to a post included in a Central Service Group ‘A’, of any Officer in the Armed Forces of the Union or any officer who is already a member of an All India Service or a Central Service, Group’ A’;

 

c)    to a Central Service, Group ‘B’, or to a post included in a Central Service, Group ‘B’, of any officer who is already a member of a Central Service, Group ‘B’, or Central Service, Group ‘C’, or of any officer to the Armed Forces of the Union; and

 

d)    To a tenure post included in a Central Service, Group ‘A’, or a Central Service Group ‘B’, of an officer of a State Service.

 

Q 5      How is transfer from one service/post to another made?

 

Answer - Transfer from one service/post to another is made by way of Deputation (including Short Term Contract) or on absorption.

 

Q 6 In what manner does UPSC advise Government(s)/ Ministries/ Departments on the suitability of the candidates for promotion/ Deputation?

 

Answer - UPSC advises Government(s)/ Ministries/ Departments on the suitability of the candidates for promotion and deputation by convening Departmental Promotion Committees (DPCs) in the case of promotion and Selection Committee Meetings (SCMs) in the case of deputation, in accordance with the provisions of the relevant Recruitment Rules.

 

Q 7 Are there any specific provisions regarding consultation with the UPSC in matters of appointment by promotion and deputation for any particular post?

 

Answer - The Recruitment Rules of the Service/Posts specifically provide for consultation with the UPSC for appointment to each post by way of promotion or deputation.


 

Q 8 What are the cases normally referred to the UPSC for holding Meetings of the Departmental Promotion Committees (DPCs)?

Answer - The following cases are referred to UPSC for holding DPC meetings:

 

(a)  Cases of promotion within Group A and from Group B to Group A, where the Recruitment Rules provide for association of the Chairman or a Member of UPSC with the DPC.

 

(b)  Cases of promotions under special enactments which, by virtue of provisions made in the Acts enacted under Article 321 of the Constitution provide for association of the Chairman or a Member of UPSC, with the DPC. Some of the examples are cases pertaining to the Delhi Municipal Corporation, the Employees State Insurance Corporation, the New Delhi Municipal Corporation etc.

 

 

Q 9 Is it necessary to consult UPSC with regard to selection for temporary/ad-hoc or officiating appointment to a post?

 

 

Answer - It shall not be necessary to consult the Commission with regard to selection for a temporary or officiating appointment to a post, if:

 

a)   the person appointed is not likely to hold the post for a period of more than one year; and

 

b)   it is necessary in the public interest to make the appointment immediately and a reference to the Commission will cause undue delay,

 

provided that-

 

i)            Such appointment shall be reported to the Commission as soon as it is made;

 

ii)           If the appointment continues beyond a period of six months, a fresh estimate as to the period for which the person appointed is likely to hold the post shall be made and reported to the Commission; and

 

iii)          If such estimate indicates that the person appointed is likely to hold the post for a period of more than one year from the date of appointment, the Commission shall immediately be consulted in regard to filling up of the post.


 

 

 

 

Q 10 What is the procedure for consultation with the Commission?

 

Answer - As provided in the Ministry of Home Affairs Office Memoranda. No18/18/48-Ests. Dated 20.8.1949 and l8/1/59-Estt.(B) dated 24.2.1959, all references on matters where consultation with the Commission is obligatory, should be made to the Commission by the administrative Ministry/Department concerned in the form of a self-contained official letter with which all relevant papers or copies of papers should be forwarded. D.O. reference (I.D. notes) should not be made to the Commission. Heads of attached and subordinate offices, to whom powers to make appointments are delegated, may correspond with the Commission on matters relating to recruitment/promotion to the posts for which they are the appointing authorities.

 

Q 11 What is the procedure for submission of proposals for DPCs to the Commission?

 

Answer - Proposal of any Ministry/ Department for convening DPC meeting is to be brought by the Departmental representatives for scrutiny under Single Window System (SWS), with prior appointment. The names, designation and contact details/ telephone numbers of the officers of the Appointment Branch dealing with the receipt of proposals of DPC from different Ministries/ Departments under SWS are given on the website of the UPSC and can be accessed at this link.

 

Q 12 What is Single Window System (SWS)?

 

Answer - Single Window System is a mechanism for receipt and scrutiny of proposals from the Ministries/ Departments/ UTs for convening DPC Meetings. It affords direct interaction between the Departmental representative and the concerned Officer of UPSC at the time of scrutiny of the DPC proposal, with reference to a prescribed checklist. This system was introduced in the Commission w.e.f. August, 2010.

 

Q 13     How does the SWS operate? What are its benefits?

 

Answer - Under SWS, a DPC proposal is received in the UPSC from the Departmental representative. The concerned officer of UPSC scrutinizes the proposal in the presence of the Departmental representative, keeping in view the DPC Guidelines/instructions and the checklist prescribed in this regard. Deficiencies, if any, are brought to the notice of the Departmental representative, who is then advised to bring the proposal after rectifying the deficiencies. In case the proposal is found to be complete, it is accepted. The proposal is thereafter, examined in detail with reference to the extant guidelines/ instructions of the DOP&T.


 

The Single Window System has helped in substantially reducing the time taken in disposal of the proposals in the Commission.

 

Q 14 Is Single Window System applicable in case of proposals for deputation also?

 

Answer - Yes. Proposals for appointment by deputation (ISTC), absorption and composite methods are also to be submitted by the Ministry / Department concerned under the Single Window System, to the Commission.

 

Q 15 What are the documents which are required to be submitted along with a proposal for promotion / deputation to the Commission under Single Window System?

 

Answer - The list of documents to be submitted along with a proposal for promotion / deputation to the Commission under Single Window System can be accessed at the UPSC website www.upsc.gov.in

 

Q 16 Who Chairs the DPCs convened in UPSC?

 

Answer - The DPCs convened in the Commission are Chaired either by the Hon’ble Chairman or by an Hon’ble Member of UPSC.

 

Q 17 Who Chairs the SCMs held in UPSC?

 

Answer - The SCMs held in the Commission are Chaired either by the Hon’ble Chairman or by an Hon’ble Member of UPSC.

 

Q 18 What is the quorum for the DPCs?

 

Answer - According to para 15 of the DPC guidelines provided in OM dated 10.4.1989, the proceedings of the DPC shall be legally valid and can be acted upon notwithstanding the absence of any of the members other than the Chairman provided that the member was duly invited but he/she absented himself/herself for one reason or the other and there was no deliberate attempt to exclude him/her from the deliberations of the DPC and provided further that the majority of the members constituting the DPC are present in the meeting.

 

Q 19 What is the Zone of Consideration for promotion?

 

Answer - According to the instructions for determining the zone of consideration issued by DOP&T vide O.M. dated 06.01.2006, the zone of consideration for one vacancy is five (05) officers, for vacancies from two (02) to ten (10), the zone of consideration is twice the number of vacancies + four (04) and for vacancies exceeding 10, the zone of consideration is one and a half times the number of vacancies rounded off to the next higher integer + three (03) but not be less than the size of the zone of consideration for 10 vacancies. In other words, the normal zone of consideration for ten (10) to fourteen (14) vacancies is twenty four (24) and for vacancies exceeding fourteen (14) the zone is one and a half times the number of vacancies rounded off to next higher integer + three (03). The extended zone of consideration for SC/ST officers is five (05) times the total number of vacancies.

 

Q 20 Can eligible officers, who are on deputation, be considered for promotion?

 

Answer - Provisions regarding consideration of officers on deputation are contained in Paras 4.3.1 and 4.3.2 of the DOP&T O.M. dated 10.4.1989, which are as under:

 

(i)           The names of the officers who are on deputation, either on their own volition or in public interest (including foreign service), should also be included in the list submitted to the DPC for consideration for promotion, in case they come within the field of choice for promotion and fulfill the prescribed eligibility conditions.

 

(ii)          Very often a certain number of years of service in the lower grade is prescribed as a condition for becoming eligible for consideration for promotion to a higher post/grade. In such cases, the period of service rendered by an officer on deputation/foreign service, should be treated as comparable service in his parent department for purpose of promotion. This is subject to the condition that the deputation/foreign service is with the approval of the competent authority and it is certified by the competent authority that but for the deputation/foreign service, the officer would have continued to hold the relevant post in his parent department. Such a certificate would not be necessary if he was holding the departmental post in a substantive capacity.

 

Q 21 Can eligible officers who are on study leave or on special leave for training abroad be considered for promotion?

 

Answer - Para 4.4 of the DOP&T O.M. dated 10.4.1989 provides that an officer proceeding on study leave should be treated on the same basis as an officer proceeding on deputation if the study leave was duly sanctioned by the competent authority and the competent authority certified that the officer would have continued to officiate but for her/his proceeding on study leave. Such a certificate would not be necessary if the officer was holding the said departmental post in a substantive capacity. These instructions would also apply in the cases of government servants who are granted special leave for training abroad under the various training schemes.


 

 

Q 22 Can retired officers be considered for promotion?

 

Answer -        The DOP&T, in consultation with the Department of Legal Affairs,

 

has      clarified      in      OM             No.22011/14/98-Estt.(D)  dated  12.10.1998

 

that     it would       not     be in                     order if eligible employees, who were

 

within the zone of consideration for the relevant year(s) but are not actually in service when the DPC is being held, are not considered while preparing year wise zone of consideration/panel and, consequently, their juniors are considered (in their places) who would not have been in the zone of consideration if the DPC(s) had been held in time. Consideration of such officers is, therefore, considered imperative to identify the correct zone of consideration for relevant year(s). Names of the retired officers may also be included in the panel(s). Such retired officials would, however, have no right for actual promotion. The DPC(s) may, if need be, prepare extended panel(s) following the principles prescribed in the DOP&T O.M. NCt.22011/18/87-Estt.(D) dated 09.04.1996.

 

Q 23 Under what circumstances is an Extended Panel provided by the DPC?

 

Answer - Provision of an extended panel is governed by the provisions of DOP&T O.M. No. 22011/18/87-Estt.(D) dated 09.04.1996 wherein it has been stipulated that the DPC will prepare an extended panel in the following circumstances:

 

(a)          When persons included in the panel are already on deputation or whose orders of deputation have been issued and will be proceeding on deputation shortly for a period of more than a year; or

 

(b)          When persons included in the panel have refused promotion on earlier occasions and are under debarment for promotions; or

 

(c)          When officers included in the panel have retired/are retiring within the same year provided there is no change in the zone of consideration by the expected date of their retirement.

 

Q 24 What is the crucial date for determining eligibility of officers for promotion?

Answer - The crucial date for determining eligibility of officers for promotion, as prescribed by the DOP&T O. M No.22011/9/98-Estt.(D) dated 08.09.1998,

was 1st January of the vacancy year, irrespective of whether the vacancy

 

year commenced from 1st January or 1st April or from any other date, unless otherwise provided for in the statutory Recruitment Rules.

 

However, from vacancy year 2015-16 onwards the crucial date of eligibility shall be 1stApril of the vacancy year, in case of financial-year based


vacancy year i.e. where the Annual Performance Appraisal Reports (APARs) are written financial year-wise. In case of calendar year based vacancy year, i.e. where APARs are written calendar year-wise, the crucial date of eligibility

 

shall remain as 1st January of the vacancy year. These instructions have come into force in respect of vacancy year 2015-16 (financial year) commencing from April 1, 2015 and vacancy year 2015 (calendar year) commencing from January 1, 2015 and shall, accordingly, be applicable to all such subsequent vacancy years. This amendment has been provided vide DOP&T O.M No.22011/6/2013-Estt(D) dated 28.05.2014.

 

Q 25 What is “sealed cover” procedure and when is it adopted?

 

Answer - The DOP&T O.M. No. 22011/4/91-Estt.(A) dated 14.09.1992 provides that at the time of consideration of the cases of Government servants for promotion, details of Government servants in the consideration zone falling under any of the following categories should be specifically brought to the notice of the DPC:

 

(a) Govt. servants under suspension;

 

(b) Govt. servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and

(c) Govt. servants in respect of whom prosecution for a criminal charge is pending.

 

The DPC shall assess the suitability of the Government servants coming within the purview of the circumstances mentioned above along with other eligible candidates without taking into consideration the disciplinary case/ criminal prosecution pending. The assessment of the DPC, including ‘Unfit for promotion’ and the grading awarded by it will be kept in Sealed Cover.

 

The same procedure as outlined above will be followed by the subsequent DPCs convened till the disciplinary proceedings/ criminal prosecution against the Government servant concerned is concluded.

 

Q 26 Can “sealed cover” be opened subsequently?

 

Answer - If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover(s) shall not be acted upon. His case for promotion shall be considered by the next DPC in the normal course and having regard to the penalty imposed on him.

 

However, on the conclusion of the disciplinary proceedings/criminal prosecution which results in dropping of charges against the Government servant, the sealed cover or covers are to be opened.


 

 

8


Q 27 Is “sealed cover” procedure adopted if an officer’s case gets covered under any of the three circumstances mentioned at para 2 of the OM dated 14.09.1992 after the DPC meeting is held?

 

Answer - According to DOP&T O.M. No. 22012/1/99-Estt. (D) dated 25.10.2004, if the conditions indicated in para-2 of DoPT OM dated 14.9.1992 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 OM provides that the recommendations of the DPC shall be deemed to have been placed in the sealed cover and the officer shall not be promoted until she/he is exonerated of the charges. To ensure this, the OM dated 25.10.2004 provides that 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 order in respect of any officer included in the approved panel of names, to ensure that there is no hindrance in issuing the promotion order in respect of the concerned officer.

 

Q 28 Has the concept of independence of DPCs been judicially upheld by any court of law?

 

Answer - The Supreme Court of India has, in a number of judgements, held that the decision of the duly constituted DPC cannot be interfered with and a review of assessment in respect of an officer made by it cannot be directed except on the limited ground of malafide or procedural irregularity. Some of such cases are as follows:-

 

(a)  RS. Dass Vs Uol & Ors. [1986 (Supp.) SCC 617];

 

(b)  UPSC Vs H.L Dev and Ors. [AIR 1988 SC 1069];

 

(c)  Dalpat Abasahab Solanke Vs B.S. Mahajan [AIR 1990 SC 434];

 

(d)  Nutan Arvind Vs Uol & Anr.[(1996) 2 SUPREME COURT CASES 488];

 

(e)  Anil Katiyar Vs Uol and Ors. [1997(1) SLR 153];

 

(f)   Durga Devi & Anr. Vs State of Himachal Pradesh & Ors. [(1997) 4 SCC 575]

 

(g)  UPSC Vs L.P. Tiwari & Ors. [2006 (12) SCALE 278];

 

(h)    Union of India and Anr. Vs. S.K. Goel and Ors. In Appeal (Civil) No.689 of 2007.

 

Q 29 What are the important provisions regarding independence of the DPC in assessing the suitability of officers for promotion?

 

Answer - The following provisions in DOP&T OM dated 10.4.1989 are relevant in the context of independence of the DPCs in making the assessment of suitability of officers for promotions:


 

 

a)           Para 6.1.2. provides that the DPCs enjoy full discretion to devise their own methods and procedures for objective assessment of the suitability of candidates who are to be considered by them.

 

b)           Para 6.1.3 stipulates that while merit has to be recognized and rewarded, advancement in an officer’s career should not be regarded as a matter of course, but should be earned by dint of hard work, good conduct and result oriented performance as reflected in the ACRs and based on strict and rigorous selection process.

 

c)           Para 6.2..1(e) provides that the DPC should not be guided merely by the overall grading, if any, that may be recorded in the CRs but should make its own assessment on the basis of entries in the CRs, because it has been noticed that sometimes the overall grading in a CR may be inconsistent with the grading under various parameters or attributes.

 

Q 30 What are the important guidelines for assessment of ACRs/APARs by the DPC?

 

Answer - The following provisions in DOP&T OM dated 10.4.1989 are relevant in the context of assessment of ACRs/APARs by the DPC in making the assessment of suitability of officers for promotions:

 

a)           Para 6.2.1.(a) provides that the DPC should consider CRs for equal number of years in respect of all officers considered for promotion (subject to the provisions contained in para 6.2.1 (c) of the OM).

 

b)           Para 6.2.1 (c) provides that where one or more CRs have not been written for any reasons during the relevant period, the DPC should consider the CRs of the years preceding the period in question and if in any case even these are not available, the DPC should take the CRs of the lower grade into account to complete the number of CRs required to be considered as per para 6.2.1(b) of the guidelines. If this is also not possible, all the available CRs should be taken into account.

 

c)           Para 6.2.1(f) provides that if the Reviewing authority or the Accepting authority, as the case may be, has overruled the Reporting Officer or the Reviewing authority, as the case may be, the remarks of the latter authority should be taken as the final remarks for the purposes of assessment provided it is apparent from the relevant entries that the higher authority has come to a different assessment conclusively after due application of mind. If the remarks of the Reporting Officer, Reviewing authority and Accepting authority are complementary to each other and one


 

does not have the effect of overruling the other, then the remarks should be read together and the final assessment made by the DPC.

 

Q 31 How many and which ACRs are to be considered by the DPC for assessment for promotion in respect of a particular vacancy year?

 

Answer - According to DOP&T OM No.22011/7/98-Estt.(D) dated 6th October, 2000 the DPC should assess the suitability of the employees for promotion on the basis of their service records and with particular reference to the CRs for five preceding years irrespective of the qualifying service prescribed in the Service/Recruitment Rules. The preceding five years for the aforesaid purpose shall be decided as per the guidelines contained in the DOP&T OM No.22011/9/98-Estt. (D) dated September 8, 1998, which prescribe the Model Calendar for DPC, read with OM of even number dated June 16, 2000. (If more than one CR have been written for a particular year, all the CRs for the relevant years shall be considered together as the CR for one year.)

 

DOP&T O.M. dated September 8, 1998 read with O.M. dated June 16, 2000 provides that only such ACRs should be considered by the DPCs which became available during the year immediately preceding the vacancy/panel year even if DPCs are held later than the schedule prescribed in the Model Calendar. For example, for the vacancy/panel year 2000-01, ACRs upto the year 1998-99 are required to be considered irrespective of the date of convening of DPC.

 

Q 32 What are the certificates to be attached to a DPC proposal regarding communication of ACRs/APARs?

 

Answer - The DOP&T vide O.M. No. 21011/1/2005-Estt.(A) (Pt.II) dated 14.05.2009 in pursuance of Supreme Court judgement dated 12.5.2008 in the case of Dev Dutt Vs Union of India (Civil Appeal No. 7631 of 2002) have decided that the nomenclature of the Annual Confidential Report will be modified as Annual Performance Assessment Report (APAR) and the APAR for the year 2008 -09 onwards shall be communicated to the concerned officer after the Report is complete with the remarks of the Reporting Officer, Reviewing Officer and the Accepting Authority wherever such system is in vogue. The Ministries/Departments while sending proposals for DPCs are also required to furnish a certificate to the effect that in accordance with the above O.M, the APARs from 2008-09 onwards have been communicated to the officers in the Eligible list and, representations, if any, have been disposed of with speaking orders. Copies of such representations and speaking orders shall also be sent along with the DPC proposals.

 

As regards the ACRs prior to the period 2008-09, detailed instructions have been issued by the DoP&T vide O.M. No. 21011/1/2010-Estt.A dated 13.04.2010. According to these instructions, if an employee is to be considered for promotion in a future DPC and his ACRs prior to the period 2008-09, which would be reckonable for assessment of his fitness in such future DPCs contain final grading which are below the benchmark for his next promotion, before such ACRs are placed before the DPC, the concerned employee will be given a copy of the relevant ACR for his representation, if any, within 15 days of such communication. The Ministries/Departments while sending proposals for DPCs are required to furnish a certificate to the effect that in accordance with the above O.M below Bench Mark ACRs pertaining to the period prior to 2008-09 [in case such ACRs would be coming up for assessment in the case of Officer(s) included in the Eligibility list] have been communicated to the officers included in the Eligibility list and, representations, if any, have been disposed of with speaking orders.

 

Q 33 From which date does promotion take effect?

 

Answer - Para 17.11 of the DOP&T O.M. dated 10th April, 1989 provides that in cases where the recommendations for promotion are made by the DPC presided over by a Member of the UPSC and such recommendations do not require to be approved by the Commission, the date of Commission’s letter forwarding fair copies of the minutes duly signed by the Chairman of the DPC or the date of actual promotion of the officers, whichever is later, should be reckoned as the date of regular promotion of the officer. In cases where the Commission’s approval is also required, the date of UPSC’s letter communicating its approval or the date of actual promotion of the officer whichever is later will be the relevant date. In all other cases, the date on which promotion will be effective will be the date on which the officer was actually promoted or the date of the meeting of the DPC whichever is later.

 

Appointments to posts falling within the purview of the Appointments Committee of the Cabinet (ACC) can, however, be treated as regular only from the date of approval of ACC or actual promotion whichever is later except in particular cases where the ACC approves appointment from some other date.

 

Q 34     Are the promotions made with prospective effect only?

 

Answer - Para 6.4.4 of the DOP &T O. M. dated 10th April, 1989 provides that while promotions will be made in the order of the consolidated select list, such promotions will have only prospective effect even in cases where the vacancies relate to earlier year(s).

 

 

Q 35 What is a Review DPC?

 

Answer - Review DPC is a DPC convened to review the recommendations of a Regular DPC held earlier in respect of any particular vacancy year.

 

Q 36 What are the circumstances warranting convening of a Review DPC?

 

Answer - The circumstances under which Review DPC can be held, are as under:

 

(a)         Non-reporting of vacancies due to error or omission (i.e. though the vacancies were available or could be anticipated at the time of holding of DPC, but these were not reported to the DPC); or

 

(b)         Where eligible persons were omitted to be considered; or

 

(c)         where ineligible persons were considered by mistake; or

 

(d)         Where the seniority of a person was revised with retrospective effect resulting in a variance of seniority list placed before the DPC; or

 

(e)         Where some procedural irregularities were committed by the DPC; or

(f)          Where adverse remarks in the CRs were toned down or expunged after the DPC had considered the case of the officer. (These circumstances are only illustrative and not exhaustive.)

 

Q 37 What is a Supplementary DPC ?

 

Answer - A Supplementary DPC is a DPC held again in respect of a vacancy year when unforeseen additional vacancies for the same year occur after holding of the first DPC. The instructions issued by DOP&T vide OM No. 22011/5/86-Estt (D) dated 10.4.89 [para 6.4.2 (i)] provide that vacancies occurring due to death, voluntary retirement, new creations etc. which cannot be foreseen at the time of placing facts and material before the DPC, would warrant another meeting of DPC. Supplementary DPC should be held for drawing up a panel for these vacancies.

 

Q 38 What are the instructions governing Supplementary DPC ?

 

Answer - Supplementary DPC is governed by the same set of instructions which govern the original DPC. Instructions issued by DOP&T vide OM No. 22011/2/2014- Estt.D dated 30.01.2015 illustrates certain significant aspects of Supplementary DPC as under:

 

(i)  The zone of consideration, in case of holding supplementary DPC, shall be fixed as per the provisions DOP&T OM No. 22011/2/2002-Estt(D) dated 6.1.2006 keeping in view total number of vacancies arising in a particular vacancy year i.e. vacancies accounted in Original DPC + additional vacancies becoming available subsequently during the same year.

 

(ii)          The eligibility list for supplementary DPC shall be prepared by removing the names of all such officers who have already been assessed by earlier DPC as fit, unfit or placed in the sealed cover by the original DPC before placing the same for consideration by the supplementary DPC.

(iii)          The officers who have already been empanelled or placed in the extended panel but could not be promoted due to these vacancies not actually becoming available; need not be re-assessed by the supplementary DPC as the assessment matrix remains the same. They may be appointed against the additional vacancies of the same vacancy year as per recommendations of the earlier DPC. In such situation the number of vacancies for supplementary DPC shall be accordingly adjusted.

 

Q 39 What are the extant instructions on supersession in promotions?

 

 

Answer - The DOP&T vide O.M. No.35034/7/97-Estt.(D) dated 8.2.2002 has dispensed with supersession in promotions at all levels. As per these instructions the mode of promotion is ‘Selection’ and the element of selectivity is to be determined with reference to the relevant Benchmark (Very Good or Good) prescribed for promotion.

 

Q 40 How is the panel for a vacancy year is recommended by DPCs?

 

Answer - The DOP&T vide O.M. No.35034/7/97-Estt.(D) dated 8.2.2002 stipulates that the DPCs shall determine the merit of those being assessed for promotion with reference to the prescribed Benchmark and accordingly grade the officers as ‘Fit’ or ‘Unfit’. Only those graded ‘Fit’ (i.e. who meet the prescribed Benchmark) by the DPC shall be included and arranged in the select panel in order of their inter se seniority in the feeder grade. Those officers who are graded ‘Unfit’ (in terms of the prescribed Benchmark) by the DPC shall not be included in the select panel. Thus, there shall be no supersession in promotion among those who are graded ‘Fit’ (in terms of the prescribed Benchmark) by the DPC.

 

Q 41 What is Model Calendar for DPCs?

 

Answer - The DOP&T vide their OM No.22011/9/98-Estt.D dated 8.9.1998 read with OM of even number dated 13.10.1998 have issued detailed guidelines to the Ministries/Department which inter -alia contain a Model Calendar envisaging time schedule to be followed by the Ministries/Departments in sending the cases to UPSC for convening DPC.

 

This Model Calendar provides separate time schedule for cases requiring approval of ACC and cases which do not require such approval. The underlying idea in framing this time schedule is that the DPCs are not only convened in time but sufficiently in advance so as to utilise the prepared panel as and when the vacancies arise during the course of vacancy year. The Model Calendar not only provides specific time frame for the Ministries/Departments for processing the proposal after compiling relevant information/documents and, thereafter, sending the case to UPSC but also provides specific time lines for holding of DPC and seeking approval of ACC etc.

 

Q 42 What is the process for implementation of the recommendations of the DPC ?

 

Answer - The recommendations of DPC are advisory in nature and should be duly approved by the Appointing Authority. Where the posts fall within the purview of the Appointments Committee of the Cabinet, the approval of ACC should also be obtained.

 

Q 43 What is the procedure for non-acceptance of the Commission’s recommendations?

 

Answer - The procedure to be followed in cases of non-acceptance of the Commission’s recommendations are contained in O.M. No. 39023/02/2006-Estt.(B) dated 05.12.2006 which is also available at the below mentioned link:

 

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/39023_02_2006-Estt.B-05122006.pdf

 

According to the DOP&T O.M. No. 39023/02/2006 -Estt. (B) dated 5.12.2006 where the ACC has disagreed with the advice of UPSC or of the Departmental Promotion Committee /Selection Committee in which Chairman/Member of the UPSC is the Chairman of the Committee, the decision of the ACC should be intimated by the Ministry concerned to the UPSC by endorsing a copy of the order issued in pursuance of the ACC decision.

 

Where the appointing authority proposes to disagree with the advice of UPSC for any valid reasons, case(s) should be referred to the ACC, along with a self contained note, through EO’s office in the DOP&T for decision. In respect of cases, where the final decision by the ACC involved disagreement with the advice of UPSC, reasons for non-acceptance of the Commission’s advice will also be intimated by the Ministry/Department/concerned Division of DOP&T to the UPSC while communicating the decision of the ACC, unless it has been decided to withhold the reasons for disagreement in public interest.

 

 

After receipt of reference as above from the Department concerned, details of such cases are considered for inclusion in the next Annual Report of the Commission.

 

Q 44 When is consultation with UPSC necessary?

 

Answer - Para 3 of the DOP&T O.M. No.AB-14017/71/89-Estt.(RR) dated 03.10.1989 provides as under:-

 

When the field of deputation for Group A post consists of Central Government Group A officers only, prior consultation with the UPSC is not necessary for selection of an officer. When the field for consideration includes State Government officers also, prior consultation with the Commission is necessary before appointing a State Government officer. When the field for consideration is made more broad based and consists of not only Central/State Government officers but also officers from non-Government Institutions, the selection shall always be made in consultation with the UPSC.

 

The UPSC are to be consulted for appointment of a Central Government Group B officer on deputation to a Group A post.

 

When Composite Method of recruitment is prescribed for Group A or Group B post, i.e. the departmental candidate is to be considered along with the outsiders, the selection shall be made by the Commission only.

 

Q 45 What is the difference between deputation (including short-term contract) and absorption?

 

Answer - When an officer is appointed from outside the cadre or from outside the direct line of promotion for a limited period by the end of which he will have to revert to his parent cadre, he is known to be on deputation or on short-term contract. Short-term contract is also in the nature of deputation and this method is followed when services of suitable officers belonging to Non-government Organizations, e.g. Universities, Recognized Research Institutions, Public Sector Undertakings etc., are required for appointment to Teaching, Research, Scientific or Technical posts.

 

When an officer working outside the cadre or outside the direct line of promotion is regularly absorbed in the post/grade, the post is treated as having been filled by the method of absorption.

 

Q 46 What is Composite Method?

 

Answer - In cases where the field of promotion consists of only one post, the method of recruitment by deputation (including short-term contract)/promotion is prescribed so that the departmental officer holding the feeder post is considered along with outsiders who have applied for appointment on deputation basis. This method is known as the Composite Method. If the departmental candidate is selected for appointment to the post, the post is to be treated as having been filled by promotion; otherwise the post is filled by deputation/contract for the prescribed period of deputation/contract at the end of which the departmental officer is again afforded an opportunity to be considered for appointment to the post.

 

Q 47 What is the crucial date for determining eligibility for Deputation?

 

Answer - According to DOP&T O.M. dated 3.10.1989 (para-6), the crucial date for determination of eligibility will be as follows:-

 

(i)             In the case of a vacancy already existing at the time of issue of the communication inviting nominations, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the Ministry/Department/Organization responsible for making appointment to the post, i.e. originating Ministry etc.

 

(ii)            In the case of an anticipated vacancy, the crucial date for determining eligibility should be the date of occurrence of the vacancy.

 

Q 48 What are the conditions to be fulfilled in cases of Extension of tenure of deputation?

Answer - DOP&T O.M. dated 3.10.1989 (para 9) provides that, the period of deputation of an officer shall be subject to a maximum of 3 years in all cases except for those posts where a longer period of tenure is prescribed in the Recruitment Rules. It has further been provided that the administrative Ministry may grant extension in the deputation period up to one year beyond the limit of three years, after obtaining orders of the Secretary in the Ministry in cases where such extension is considered necessary in public interest.

 

The borrowing Ministries/Departments may also extend the period of deputation for the 5th year or for the 2nd year in excess of the period prescribed in the Recruitment Rules, where absolutely necessary, subject to the following conditions:

 

(a)             While according extension for the 5th year or the 2nd year in excess of the period prescribed in the Recruitment Rules, the directive issued for rigid application of the tenure rules should be taken into consideration and only in rare and exceptional circumstances such extension should be granted;

 

(b)            The extension should be strictly in public interest and with the specific prior approval of the concerned Minister of the borrowing Ministry/Department;

 

(c)          Where such extension is granted, it would be on the specific understanding that the officer would not be entitled to draw deputation (duty) allowance;

(d)         The extension would be subject to the prior approval of the lending organization, the officer on deputation, and wherever necessary, the UPSC;

(e)            In cases where the extension is beyond the 5th year or beyond the

2nd year in excess of the period prescribed in the Recruitment Rules, the same would be allowed only after obtaining prior approval of the DOP&T;

 

(f)         For computing the total period of deputation, the period of deputation, including the period of deputation in another ex-cadre post held immediately preceding the current appointment in the same or some other organization/department of the Central Government shall also be taken into account;

 

(g)          If during the period of deputation the basic pay of an employee exceeds the maximum of the scale of pay of the post or the fixed pay of the post, on account of proforma promotion in his cadre under the Next Below Rule or otherwise, the deputation of the employee should be restricted to a maximum period of 6 months from the date on which his pay thus exceeds such maximum and he should be reverted to his parent department within the said period;

 

(h)         Extension of deputation appointment beyond the period laid down in the Recruitment Rules requires consultation with the UPSC in all cases where the relevant Recruitment Rules were framed in consultation with the Commission.

 

Q 49 Is there a prescribed proforma of Bio-data/ Curriculum Vitae to be filled in by the candidates applying for Deputation?

 

Answer - The DOP&T vide its O.M. No. AB.14017/28/2014-Estt.(RR) dated 02.07.2015, has prescribed the revised proforma in which the candidates are required to fill their Bio-data/ Curriculum Vitae for applying for Deputation posts. This proforma, which has been revised on the basis of the suggestions of the UPSC, is available at the following link:

 

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14017_28_2014-Estt.RR-02072015.pdf

Q 50 What are the points required to be noted by the Ministries/ Departments at the time of inviting applications and preparation of the Deputation proposals before sending the same for the consideration of the Commission?

 

Answer - DOP&T vide its O.M. No. AB.14017/28/2014-Estt.(RR) dated 02.07.2015, has enumerated the following points to be noted by the Borrowing / Parent Department/ Office for compliance by the Ministries/ Departments:

 

 

(i)                   Vigilance Clearance will not normally be granted for a period of 3 years after the currency of punishment, if a minor penalty has been imposed on an officer. In case of imposition of a major penalty, Vigilance Clearance will not normally be granted for a period of 5 years after the currency of punishment in terms of DOP&T O.M. No.11012/11/2007-Estt.(A) dated 14.12.2007.

 

(ii)                  While forwarding applications in respect of officers who are about to complete their ‘cooling-off’ period shortly the instructions of

 

DOP&T as contained in O.M. No.2/1/2012-Estt.(Pay.11) dated 04.01.2013 may be strictly adhered to.

 

(iii)                 A copy of the Application format may be provided by the Borrowing Department in their website in a downloadable form as Word Document along with the advertisement.

 

(iv)                In the case of a vacancy already existing at the time of issue of communication inviting nominations/ publication in the Employment News, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the concerned administrative Ministry/Department. In the case of an anticipated vacancy, the crucial date for determining eligibility should be the date on which the vacancy is expected to arise.

 

(v)                 It shall be prominently mentioned in the vacancy circular/ advertisement that the applications/CV not accompanied by supporting certificates/ documents in support of Qualification and Experience claimed by the candidates would not be processed for determining the eligibility of the candidates for the selection.

 

(vi)                Crucial date for determining the eligibility of the applicants will be counted after excluding the first date of publication of the vacancy/ post in the Employment News. Ie., For the vacancy published in the Employment News of 18-24 Jan. 2014, the crucial date will be counted from the 19th Jan. 2014 (excluding the first date of publication).

 

(vii)               To facilitate determination of eligibility of the applicants working in Public Sector Undertakings/ Autonomous organizations not following the Central Government Scales, their equivalent scales of pay/posts may be confirmed by the borrowing Department. Where necessary, details in this regard may also be ascertained from the lending Department.

 

(These are only some of the salient points which have been highlighted in the DoP&T circular.)


 FAQs

 

Q.1 What is the Union Public Service Commission (Exemption from Consultation) Regulation?

 

Ans: Consultation with the Commission is obligatory in the matters mentioned in Article 320(3). However, the President has framed the Regulations specifying matters in respect of which it shall not be necessary for the Commission to be consulted. These are called the Union Public Service Commission (Exemption from Consultation) Regulations 1958.

 

Q.2     What is the National Conference of Chairmen of State PSCs?

 

Ans: Through the device of National Conference, a firm relationship has been attempted to be developed over the years among the State Public Service Commissions on matters concerning methods of recruitment, personnel policies, conduct of examinations etc. The Conference also provides a suitable platform for discussion on the changing socio-economic milieu and consequential changes to be brought about in the work ethos of the Commissions in consonance with expectations of the people and the Constitutional obligations. The first National Conference of the Public Service Commissions was held in 1949. Thereafter the Conferences were held from time to time. In 1999, Chairman UPSC became the ex-officio Chairman of the National Conference of Chairpersons of State Public Service Commissions. The National Conference is held annually.

 

Q.3 What are the criteria adopted in the Commission for determining inter se seniority of candidates recommended in the Engineering Services Examination?

 

Ans: The guidelines adopted by the Commission for determining the inter se seniority of candidates coming from different disciplines of Engineering in the case of candidates belonging to the Engineering Services Examination are:

 

(i)    Persons obtaining more marks in final aggregate in the Examination are ranked senior;

(ii)   In case the final aggregate are the same, persons obtaining more marks in Engineering total are ranked senior;

 

(iii)  In case Engineering totals are also the same, the person born earlier is ranked senior;


-

 

Q. 4 Which documents are required for sending proposals for extra-ordinary pension cases to the Commission?

 

Ans: In extra-ordinary pension cases, it must be ensured that the following

 

essential documents have been sent to the Commission:-

 

a)     A full statement of the circumstances in which the injury was sustained/the disease was contacted/the death occurred;

 

b)     An application for injury/family pension in the prescribed form;

 

c)     Medical Officer’s report regarding injury/death etc.

 

d)     A report of the Audit Officer concerned as to whether an award is admissible under the rules and if so, the amount thereof.

 

The eligibility of family members to be benefitted by the award should also be checked. It is necessary that cases which are not covered by the rules and where it is proposed to make ex-gratia awards are referred to the Commission after obtaining the views of the Ministry of Finance (Department of Expenditure).

 

Q.5 Which documents are required to be sent to the Commission for legal re-imbursement cases?

 

Ans: In legal re-imbursement cases, the following documents are required to be

furnished:-

a)     Completed proforma;

 

b)     Certified Copy of the judgment;

 

c)     Stamped receipts for fees paid to lawyers;

 

d)     Original Claim of the Claimant;

 

e)     Certified copy of order sheet or a certificate showing the number of days on which the case was posted for hearing and on which it was actually heard.

 

f)       In cases where the claims involved are for an amount exceeding Rs. 500/-the views of the Ministry of Law/Law Officer on the admissibility and reasonableness of the claim should be obtained before the case is placed before the Commission.

RECRUITMENT BRANCH

 

Q 1 - How are vacancies advertised?

 

Answer - Ministries/ Departments submit their proposal / requisition for recruitment containing information regarding number of vacancies, reservation (including PH reservation), essential and desirable qualifications for the post, duties attached to the post, etc. to UPSC. After due examination in the Commission, the vacancies are published for inviting Online Recruitment Applications (ORA) on the Website of the Commission as well as in the Employment News / Rozgar Samachar. Indicative Advertisements are also published in leading Newspapers.

 

Q 2 - How can I apply?

 

Answer - A candidate can apply for a post Online only. The Website of the Commission, especially, for this purpose is- www.upsconline.nic.in

 

Q 3 - For how many different posts can a candidate apply in one recruitment advertisement?

 

Answer - One Recruitment advertisement generally invites applications for a number of posts, and in special cases for a single post. A Candidate who wishes to apply for more than one post can do so, by applying separately for each post and paying the fee for each post in the manner prescribed for that post. For example, if in an Advertisement, applications are invited for posts of

 

(i)    Stores Officer (ii) Administrative Officer and (iii) Public Prosecutor, a candidate intending to apply for two posts i.e. for Stores Officer and for Public Prosecutor, is required to submit separate applications and pay the fee for each of the two posts separately.

 

 

Q 4 - How can I know the status of my application submitted for a particular post?

 

Answer - The candidate should refer to UPSC’s official Website-www.upsc.gov.in, where the lists of finally submitted Online applications (containing Name of the Post, Vacancy No., Application No., Name, Category

 

&  PH status ) corresponding to the related posts are displayed Advertisement number wise.

 

 

 

 

 

Q 5 - Can candidates make changes in their applications after they have submitted them?

 

Answer - No. Applications once submitted are final and no changes can be made after submission. However, in case a candidate has submitted an application with incorrect entries, he/ she can submit a fresh application within the closing date with correct entries and a fresh fee, which will supersede his previous application(s).

 

Q 6 - Which are the Universities, Courses and Degrees recognized by the UPSC?

 

Answer - Recognition of Universities, Courses or Degrees does not fall within the purview of the UPSC. This matter lies within the domain of the respective authorities mandated for the purpose e.g. University Grants Commission (UGC), All India Council for Technical Education (AICTE), etc.

 

Q 7 - How are the candidates recommended- whether through interviews or through recruitment test followed by interview?

 

Answer - The Commission, considering the number of vacancies and number of applications received decides on merit and on a case to case basis, whether the candidates shall be recommended through interviews only or through Recruitment Test followed by interview. Generally, Recruitment Tests are held where the number of applicants is large.

 

Q 8 - How can I get information regarding the syllabus for the Recruitment Test (RT)?

 

Answer - The Syllabus and the Scheme of Recruitment Test (RT) are published on the UPSC’s official Website- www.upsc.gov.in, for the recruitment cases where RT is to be conducted.

 

Q 9 - How are candidates shortlisted for being called for interview for a particular post?

 

Answer – The candidates must fulfill the prescribed minimum essential qualifications required for a particular post to get shortlisted. However, in case there are a large number of Applications, the Commission adopts a shortlisting criteria to restrict the number of candidates to be called for interview to a reasonable number in accordance with the methods mentioned in the detailed advertisement (Note-II under “INSTRUCTIONS AND ADDITIONAL INFORMATION TO CANDIDATES FOR RECRUITMENT BY SELECTION”).

 

Q 10 - How shall I get information regarding interviews?

 

Answer - The call letter will be sent on your e-mail provided in the Online application. The practice of sending interview Call letters by post has now been discontinued. The candidates who have applied are, therefore, advised to check their e-mails regularly.

 

Q 11 - What documents should I carry at the time of interview?

 

Answer - The candidates are informed about the list of documents required to be produced at the time of interview. This list is annexed to their Interview Call Letter sent through e-mail.

 

 

Q 12- Can I carry my mobile, laptop or any other communication devices, with me for the Interview or Recruitment Test?

 

Answer - No. Such gadgets are strictly prohibited during interviews or for Recruitment Tests.

 

Q 13 - How are candidates assessed by the Interview Boards?

 

Answer - (a) The objective of the interview is to assess the personal suitability of the candidate for the post for which he/she has been called for interview. The idea is to judge the candidate through a fair and impartial assessment and award marks based on his/her overall performance. (b) The interview is not merely a test of knowledge (whether general or in subject matter) but an attempt to assess the potential of the individual for being shaped into a competent, dedicated and honest officer who can be entrusted with the tasks and responsibilities associated with public service. (c) Candidates are judged on the basis of their overall records (educational qualifications, knowledge, experience, interests, activities etc.) and performance in the interview. However, marks are awarded on an overall basis and not on individual attributes separately.

 

Q 14 - What is the composition of the Interview Board?

 

 

Answer - An Interview Board is headed by a President, who is generally assisted by three Advisers who are Experts in their respective field(s)/discipline(s).

 

 

 

 

Q 15 - Can I know the details like designation, academic qualifications etc. regarding Interview Board Members?

 

Answer - No. These details are not disclosed in compliance with Orders of Hon’ble Supreme Court in Civil Appeal No. 9052 of 2012 [arising out of SLP(C) No. 20217 of 2011], filed by BPSC Vs Saiyed Hussain Abbas Rizwi & Anr.

 

Q 16 - What are the Maximum Marks and the minimum qualifying marks in the interview?

 

Answer - Candidates are given marks in the Interview out of 100. The Minimum Qualifying Marks, in the Interview, category wise, are as below:

 

Category

Minimum Qualifying Marks

General

50

OBC

45

SC,ST & PH

40

 

Q 17 - Do the President and the Advisers give marks separately to a candidate?

 

Answer - No. Marks are assigned by consensus.

 

Q 18 - Can a candidate belonging to one of the reserved categories viz., Scheduled Castes/Scheduled Tribes/Other Backward Classes/Physically Handicapped be recommended for selection against an unreserved vacancy?

 

Answer - A candidate belonging to one of the reserved categories can be recommended against an unreserved vacancy if he/she meets the criterion adopted for the unreserved category candidates and does not avail of any relaxation.

 

Q 19 - How is the seniority of candidates recommended by the UPSC determined?

 

Answer - The UPSC only recommends selected candidates in the order of merit. The fixation of seniority of recommended candidates in their respective cadres/grades falls within the purview of the Ministries/Departments concerned and is determined by them.

 

 

 

 

Q 20 - Who verifies the character and antecedents of candidates recommended by the UPSC?

 

Answer - The Ministries/Departments concerned and the Cadre Controlling Authorities are responsible for verification of the character and antecedents of the candidates recommended by the UPSC.

 

Q 21 - How is the Reserve List in a particular recruitment case drawn up?

 

Answer - The maximum number of names to be kept in the Reserve List is 50% of the total number of posts/vacancies in each category to which recruitment is being made, subject to a minimum of 02 (two) names in each category, depending upon the availability of candidates who fulfil the minimum cut-off marks for each category i.e. 50 marks for General, 45 marks for OBC and 40 marks for SC/ST/PH, in order of merit. In case 50% of the total number of posts/vacancies in each category works out to a fraction, this will be rounded off to the next higher whole number.

 

Q 22 - When and how is the Reserve List operated?

 

Answer - The Reserve List is operated on a formal request from the requisitioning Ministry/ Department. The validity of Reserve Panel is 18 months from the finalisation of recommendation and can be extended upto 2 years in exceptional circumstances. The Reserve List becomes null and void upon finalisation of selection for filling up subsequent vacancies in the same category and grade.

 

Q 23 - Whom should I contact after being recommended by the UPSC?

 

Answer – You may contact the requisitioning Ministry / Department for addressing any further queries such as pre-appointment formalities, time taken in the appointment, etc.

 

 

 

 

 

 

 

 

 

ONLINE RECRUITMENT APPLICATION (ORA)

 

Q 1: How do I access the site to fill up the Online Recruitment Application (ORA)?

 

Answer - You should log on to http://www.upsconline.nic.in to access the home page of the Online Recruitment Application.

 

Q 2: How can I apply Online for a recruitment case advertised by the Commission?

 

Answer -: You can register yourself by clicking “New Registration” link available on the home page of ORA Website. On successful registration, a Registration ID will be generated by the ORA System. This registration ID is also sent to the candidate on his registered mobile number. You have to click on the ‘APPLY NOW’ button given against a recruitment case for filling up and submitting the Online application.

 

Q 3: Are there any detailed instructions to guide an applicant for submitting an online application?

 

Answer -: Yes, for filling up the Online Recruitment Application, the applicant must refer to "Instructions to the Candidates for filling Online Recruitment Application" displayed on "Existing Vacancies" page of the ORA Website http://www.upsconline.nic.in/ .

 

Q 4: What should I do if there is delay in accessing the page?

 

Answer -: The delay in accessing the Page depends upon various factors like Internet Speed, large number of applicants trying to register the application at the same time etc. Therefore, if you are not able to get the page for registration promptly, please retry after some time, preferably not during peak hours.

 

Q 5: Is it necessary to fill up the details related to pin code/phone No. with area code/Mobile No./e-mail?

 

Answer -: Pin-code, one telephone number (residence, office or mobile no.) and e-mail address is mandatory to be filled in by the candidate. The Commission may communicate electronically with the applicant through the mobile number and on the e-mail address provided by the applicant in his/her Online application.

 

 

 

 

Q 6: How do I move to the next page when columns on one Module/Section (Page) have been completely filled in ?

 

Answer -: When one Module/Section (Page) has been completely filled in, you should click on the "Save & Continue" button at the bottom of the same Module/Section (page).Thereafter, Click on the desired Module/Section (page) you want to move to next, in case the display of modules/sections is not sequenced by the System.

 

Q 7: Who are exempted from Fee payment?

 

Answer -: All Female candidates and Physically Handicapped (PH) candidates and the candidates belonging to Scheduled Caste(SC)/Scheduled Tribe(ST) category are exempted from payment of fees. If you do not belong to any of the above categories, then you have to pay the fee.

 

Q 8: What is the procedure to pay the fee for the Online Recruitment Application?

 

Answer  -:  There  are  three  options  available  for  the  payment  of  fee:

 

(i)  Pay by Credit / Debit Card: An applicant can pay the fee online by using any VISA/MASTER DEBIT OR CREDIT CARD issued by any Bank/Institution.

 

(ii)   Pay by Net Banking facility of State Bank of India or five of its Associate Banks (State Bank of Hyderabad, State Bank of Mysore, State Bank of Patiala, State Bank of Travancore and State Bank of Bikaner and Jaipur).

 

(iii)  Pay by Cash in any branch of State Bank of India:

 

An applicant who wants to pay the fee by cash should take a print of the PAY-IN SLIP by clicking on the option "Print Bank Pay-in Slip". By making use of this pay-in-slip, an applicant can deposit the fee in cash at any branch of the State Bank of India (SBI). The Bank will not accept any other challan/form for the payment of fee by cash. After depositing the fee by this pay-in-slip, the Bank will provide a "TRANSACTION ID". An applicant will again have to log on to the ORA Website and start submission of the Online Recruitment Application by filling in the Fee payment details.

 

Q 9: I have made the payment through Credit Card/Debit Card/Net Banking facility of State Bank of India or its Associate banks, but the ORA System is showing as “fee not paid”. How can I check/update the payment made?

 

Answer -: After payment is made, payment details are updated on the ORA System. It is advised that if even after repeated attempts you are not able to pay the fee through Credit / Debit card, then you may either switch over to payment by cash mode or by Internet Banking of State Bank of India and its five Associate Banks. After completing the process of fee payment you should be able to see your application from "MY ACCOUNT (My finally submitted Application)".

 

Q 10: I have made multiple payments through Credit/Debit card. Whether the extra amount paid, will be refunded back to me?

 

Answer -: Yes, extra payments made against an application number shall be refunded automatically within 3-4 days.

 

Q 11: Can I deposit fee in cash in any nationalized/private bank?

 

Answer -: No, fee can be deposited in cash through ORA generated challan in the State Bank of India or its Associate Banks only.

 

Q 12: I have taken the print of pay- in slip by clicking on the "Print" option. I have deposited the cash in a branch of SBI or its Associate banks through this Pay-in-slip. If I log out of the System now, how would I re-enter the System to submit my transaction details of the fee?

 

Answer -: An applicant, after having obtained the TRANSACTION ID number, should again log in by making use of the Registration ID and password. After login, check “Active application” and you will see ‘pay fee’ link against the post you have applied for. Click on that link and thereafter enter the relevant particulars in the various columns. The Registration ID is also available on the Pay-in-Slip.

 

Q 13: Is there any other Form/Challan to pay fee by cash other than the pay-in-slip generated through ORA?

 

Answer - No. An applicant must use the pay-in-slip generated by the ORA system. The Bank (SBI) will not accept the fee (in cash) through any other form or challan.

 

Q 14: How will I upload my photograph/signature?

 

Answer - The photograph and signature should be scanned in .jpg format and are to be uploaded in “Photo & Signature Upload” module.

 

 

Q 15: Whether the photograph should be in Black & White or should it be in a colour?

 

Answer - Both Black & White and Coloured photographs are acceptable as long as they are as per the given specifications and also that the quality of the photograph is clearly identifiable and acceptable.

 

 

 

Q 16: What should be the size of the scanned photograph and the signature?

 

Answer - The candidate should scan his/her signature which has been put on white paper with black ink pen. Each of the scanned images of the photograph/signature should not exceed 40 KB in size (for photograph, the pixel size is 140 pixels height x110 pixels width and for signature it should be 110 pixels height x140 pixels width).

 

Q 17: If the Photograph is not of the proper pixel size, as specified, then how to convert it?

 

Answer -  Use any image editing software such as MSPaint or Irfanview. To

 

delete the unnecessary print area, use the CROP option after selecting the

 

Image. To resize to proper pixel size use the resize option. Help for cropping/

 

resizing can be seen here-

 

https://upsconline.nic.in/certificate/resize_crop.php

 

Q 18: If the Photograph is not in the desired format, then how do I convert it?

 

Answer - If the image is in any other format such as .tiff, . bmp etc, then open the photo in MsPaint or Irfanview and click on “SAVE AS” option to save it in the desired format (.jpg).

 

Q 19: What documents am I supposed to upload in the UPLOAD DOCUMENT MODULE?

 

Answer -: In this module you are required to upload your experience certificate(s) if any, preferably in the prescribed format. No other documents like pay slip, resume, joining letter, relieving letter, Identity Card, unsigned experience certificate etc. are to be uploaded. You may scan the relevant experience certificate(s) in 200 dpi Grey Scale and convert into a single PDF file up to 2 MB. The PDF file so created must not be password protected.

 

Q 20: How can I make changes/addition/deletion in the information filled in various modules of the Online Application?

 

Answer -: You can make changes in the information filled in any of the modules (except Registration Module) of Online application before its submission. No changes can be made after the Online application is submitted.

 

 

 

Q 21: After filling up the Online Recruitment Application, I get a Blank Screen / Internet got disconnected / My PC closed / hung / shutdown. Is my application saved?

 

Answer -: You can fill different modules in multiple sittings. You are required to click on the ‘SAVE AND CONTINUE” Button after completing each module. The information up to the point where you last clicked the 'SAVE AND CONTINUE” button shall be saved.

 

Q 22: I am facing a problem in completing my Online Recruitment Application (ORA). How should I resolve my problem? Answer -: Kindly proceed as follows:-

 

Step 1 - Ensure that your Web Browser/ Internet Browser is of latest version, Java Script is enabled, Pop-up blocker is disabled. If problem still persists, go to step 2.

 

Step 2 - Again refer to the relevant items/sections of the following documents accessible through the web links available on the top right hand corner of the Existing Vacancy page:

 

Recruitment Advertisement

 

Instructions to the Candidates

 

FAQs

 

Step 3 - If the problem is still not resolved, kindly communicate the problem being faced by you to UPSC using the “Feedback” link available on the Login page.

 

In your feedback, please provide details of your problem, so that the Commission may contact you to resolve your problem.

 

 

Q 23: How do I know that my Online Recruitment Application is saved and has been received in the Commission?

 

Answer -: Your finally submitted application must be available in the list displayed on clicking the "MY ACCOUNT (My Finally Submitted Application)" link. Please keep a print out of your Online Application for all future communication with the Commission.

 

 

 

 

Q 24: I have submitted the Online Recruitment Application. Should I send the printout of the application to the UPSC by post/by hand?

 

Answer -: No, you are not required to send the printout of the application to the UPSC by post/by hand. However, if you are shortlisted for interview, then you have to bring the printout of your Online Application along with other documents, for which you will be informed separately.

 

Q 25: What details should I retain after completion of submission of my Online Recruitment Application?

 

Answer -: It is strongly advised that after the completion of the process of submission of the Online Recruitment Application, you must take a print out of the submitted Online Recruitment Application and keep the said print out for future reference. You are also advised to keep the proof of the fee payment which might be required by the Commission in case of any discrepancy.

 

Q 26: Can I take the print out of my finally submitted application after the prescribed closing date i.e. after the link is disabled at 23:59 Hrs on the closing date?

 

Answer -: Printout of the Online Recruitment Application can be taken from the "My Account" link upto 24 hours after the prescribed closing date.

 

Q 27: What details should I provide while making correspondence with the Commission?

 

Answer -: In case of correspondence with the Commission you must mention the following details -Name of Post for which you have applied, Vacancy Number, Advertisement Number, Registration Id, Applicant's name, Father's name, Date of Birth and the Application Number generated by ORA Website.

 

 

Q 28: Whom do I contact for any queries related to the recruitment for the post for which I have successfully submitted my Online application?

 

Answer -: You may contact the Facilitation Counter of UPSC on the following Nos. 011-23098543, 23385271 and 23381125 or visit UPSC Facilitation Counter at Dholpur House, Shahjahan Road, New Delhi – 110069 or visit UPSC website www.upsc.gov.in (Recruitment Link) for further details regarding recruitment by selection.

 

 

 

 SERVICES-I BRANCH

 

Q 1 – What is the role of the Commission in disciplinary cases?

 

Answer - The Union Public Service Commission, a Constitutional Body, is mandated to carry out a wide range of functions under Article 320 of the Constitution of India. These functions are advising the Government(s) / Ministries/ Departments, on the subjects which inter alia, include disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters.

 

Q 2 – What are the cases that are exempted from consultation with the Commission?

 

Answer - The cases which are exempted from consultation with the Commission have been listed under Regulation 5 in Union Public Service Commission (Exemption from Consultation) Regulations, 1958. These Regulations are available on the website of DoP&T.

 

Q 3 – How are the disciplinary cases referred to the Commission?

 

Answer - For expeditious disposal of disciplinary cases in the Commission and to reduce avoidable delays, a Single Window System (SWS) is functioning in the Commission. Under this System, a Ministry/Department/State Government which refers a disciplinary case to the Commission for advice, is also required to authorize an officer, not below the rank of Under Secretary, to hand over the case in person, with prior appointment, to the designated officer in UPSC. The cases so received from the Ministries/Departments/State Governments are initially scrutinized at the Single Window itself to ensure that the requisite information/ documents provided are in accordance with the check-list issued by the DoP&T. Only those cases which are found complete, in conformity with the check list, are accepted by the Commission for further examination and advice.

 

Q 4 – How is an appointment at the Single Window made to bring the disciplinary cases?

 

Answer - Under the Single Window System the Ministry/Department/State Government are required to authorize an officer not below the level of Under Secretary to come in person to hand over the disciplinary case to the designated Under Secretary (S-I), UPSC with prior appointment (Tel:011-23098591, Extn: 4342) in Room No.10- A located in the Annexe Building of the Commission. Prior appointment under the Single Window is fixed with the concerned Department to ensure undivided attention in the scrutiny of the records and to minimize the waiting time.

 

Q 5 – Is it required that original/ authenticated copies of the case records are sent to the Commission?

 

Answer - It is a mandatory requirement that all the case records so received at the Single Window, are as per the proforma check list issued vide DoP&T OM No.39011/12/2009-Estt.(B) dated 10.5.2010, are legible and are either in original or duly authenticated copies.

 

Q 6 – If the case records are in any language other than English or Hindi, does the Commission accept them?

 

Answer - The Commission accepts authenticated versions of the documents either in English or in Hindi. The concerned administrative Ministry/ Department/ State Government is required to provide the authenticated translated version of the case records, in such cases, in which the original case records are in any other language other than English or Hindi.

 

Q 7 – Whether the Commission tenders its Advice in case the Relied upon Documents are missing or are not duly authenticated?

 

Answer - The Commission considers this as a documentary lapse and such cases are returned, after pointing out the deficiency at the Single Window itself.

 

Q 8 – What should be done in case the Charge Sheet, IO’s Report, etc. contain a variety of acronyms specific to the Department concerned?

 

Answer - The Ministry/ Departments/ State Governments should provide to UPSC the full-form of all the acronyms referred in the case records.

 

Q 9 – Whether the Commission tenders its Advice in case the information pertaining to the amount of ‘pension and gratuity (admissible/ provisional/ withheld)’ is not provided in a disciplinary case involving a retired Government Servant?

 

Answer - The Ministry/ Department/ State Government is required to provide information relating to the admissible and provisional Pension along with the information regarding the gratuity admissible or withheld to the Government Servant while referring the case to the Commission for Advice.

 

 

 

 

 

 

 

 

Q 10 – In the minor penalty Disciplinary cases, is there any time limit for accepting the cases before retirement of the Charged Officer?

 

Answer - The Commission expects to receive minor penalty cases at least three months before the date of superannuation of the Charged Officer.

 

Q 11 – In major penalty Disciplinary cases, is there any time limit for accepting the cases before retirement of the Charged Officer?

 

Answer - DoP&T’s O.M. No. 39011/12/2009-Estt.(B) dated 10.05.2010 provides that the complete reference is received in the Commission at least six months before the retirement of the Charged Officer in order to enable the Commission to consider and tender Advice timely so that all the required procedures can be completed before retirement.

 

Q 12 – What is the procedure for referring the case warranting cut in pension to the Commission?

 

Answer - In the Disciplinary proceedings relating to a pensioner, in accordance with the procedures as outlined under Rule 9 of the CCS(Pension) Rules, 1972 and other analogous Rules applicable to a pensioner, the President is required to come to a tentative conclusion that charges proved against the petitioner constitutes a “grave misconduct/negligence” warranting imposition of the penalty of withholding of pension.

 

Q 13 – When the case has been returned from the Single Window after pointing out any deficiency, is it necessary to again refer the case back through the Single Window only?

 

Answer -  Yes.

 

Q 14 – What steps are to be taken by the Administrative Ministry/ Department/ State Government in disciplinary cases which are sub-judice and there is a direction to finalise the case within a given time frame?

 

Answer - In cases involving directions of Court/CAT, the Ministries/ Departments/ State Governments must clearly inform the Commission, while making a reference regarding the present status in the Court/ CAT case, so that due priority is accorded to such cases. Since the disciplinary proceedings are quasi-judicial in nature, and the Commission has to consider all the facts, circumstances and records of the case in detail before tendering its Advice, the Ministries/ Departments/ State Governments should seek sufficient extension of time from the respective Hon’ble Court/ CAT to ensure that a minimum of 3-4 months time is available for UPSC to consider and advise in a disciplinary case.

 

Q 15 – Is it necessary that the Commission should be informed of any new developments in a disciplinary case which is under reference to the Commission for Advice?

 

Answer - Any information having a bearing on the disciplinary case which has been referred to the Commission should be sent immediately with the related original/authenticated document and detailed observations/comments of the concerned Ministry/ Department/ State Government.

 

Q 16 – Whether the Commission keeps the copy of the case records or returns the same?

 

Answer - The case records so received from the Ministries/ Departments/ State Governments are returned to the respective Ministries/ Departments/ State Governments along with the Advice of the Commission. No case records in original or copies thereof are retained in the Commission.

 

Q 17 – Can the Disciplinary Authority indicate the quantum of penalty while referring a Disciplinary case to UPSC?

 

Answer - DoP&T’s O.M. No. 39034/1/2009-Estt.(B) dated 12.01.2010 provides that the Disciplinary Authorities while referring the disciplinary cases to the UPSC for advice, should not propose the quantum of penalty.

 

Q    18 – What are the Minor penalties that can be imposed in disciplinary proceedings?

 

Answer - These are as prescribed in the relevant rules eg. Rule 11 of CCS(CCA) Rules, 1965.

 

Q    19 – What are the Major penalties that can be imposed in disciplinary proceedings?

 

Answer - These are as prescribed in the relevant rules eg. Rule 11 of CCS(CCA) Rules, 1965.

 

Q    20 – Whether a minor penalty can be imposed on a Charged Officer in a major penalty disciplinary case?

 

Answer - Any of the penalties under Rule 11 of the CCS(CCA) Rules, 1965 and analogues Rules can be imposed in a major penalty disciplinary proceeding.

 

 

 

 

Q    21 – Whether a major penalty can be imposed on a Charged Officer if the proceedings were initiated under minor penalty provisions?

 

Answer - No.

 

Q 22 – Whether ‘Warning’ can be imposed as a penalty?

 

Answer - The penalties which can be imposed on a delinquent Government Servant are prescribed in the relevant Rules eg. Rule 11 of the CCS(CCA) Rules, 1965.

 

Q      23 – Under what circumstances, is an Inquiry required in a Minor penalty proceeding?

 

Answer - In terms of Rule 16(1-A) of CCS(CCA) Rules, 1965, a Disciplinary Authority may hold an Inquiry under this rule [(manner laid down in sub-rules

 

(3)   to (23) of Rule 14)] only where the Disciplinary Authority is of the opinion that such Inquiry is necessary for imposition of certain penalties such as withholding of increments which is likely to affect adversely the amount of pension payable to the Government Servant or to withhold increments of pay for period exceeding three years or to withhold increments of pay with cumulative effect for any period.

 

Q 24 – Is it required to obtain the 2nd Stage Advice of the CVC in cases where UPSC is to be consulted?

 

Answer - DoP&T’s O.M. No.372/19/2011-AVD-III(Pt.1) dated 26.09.2011 provides that in those cases where consultation with UPSC is required as per extant rules/instructions, the second stage consultation with CVC in disciplinary matters may be dispensed with.

 

Q    25 – Is it necessary to issue a Show Cause Notice to a pensioner who has been convicted by a Court of law before imposing a cut in pension?

 

Answer - Department of Pension & Pensioners’ Welfare’s O.M. No. 38/64/05-P&PW(A) dated 09.11.2006 provides that in order to meet the Principles of Natural Justice, it is a pre-requisite to issue a Show Cause Notice, on the basis of conviction by the Court, to the pensioner, before imposing any cut in his pension.

 

 

Q    26 – Can a penalty be imposed under Rule 9 of CCS(Pension) Rules, 1972 and other analogous rules, on a retired Government Servant who has been convicted and sentenced for a criminal offence and has filed an appeal in the Court against conviction/ sentence?

 

Answer - Department of Personnel and Training’s O.M. No. 371/23/92-AVD.III dated 04.03.1994 provides that when a person is convicted by a criminal court, the same shall remain in force until and unless it is reversed or set aside by a competent court in appeal. The mere filing of an Appeal and/ or stay of the execution of the sentence does not take away the effect of conviction. Therefore, an appeal in the appellate court against conviction/sentence does not put bar on imposing penalty on a retired government servant unless the appeal is allowed in the Appellate court and the conviction is set aside.

 

Q 27 - How much time does the Commission take in tendering its advice?

 

Answer - The Commission tenders its advice after a thorough, judicious and independent consideration of all the relevant facts and circumstances of the case which inter-alia include (i) Charge Memorandum , (ii) Evidence on record, (iii) Report of the Inquiry Officer , (iv) Representation of the Charged Officer, (v) Comments of the Disciplinary Authority, etc. that are made available by the Ministry in accordance with the DoP&T’s O.M. N0.39035/01/2011-Estt.(B) dated 10.05.2011. The average time taken by the Commission in tendering advice in Disciplinary proceedings is about 3 to 4 months.

 

Q 28 – When is the copy of Advice to be provided to the Charged Officer and by whom?

 

Answer - DoP&T’s O.M. No. 11012/8/2011 -Estt.(A) dated 19.11.2014 & Gazette Notification G.S.R. No. 769(E) dated 31.10.2014 stipulates that on receipt of the UPSC’s Advice, the Disciplinary Authority shall forward or cause to be forwarded a copy of the Advice to the Charged Officer who shall be required to submit, if he so desires, his written representation/ submission to the Disciplinary Authority within fifteen days.

 

Q    29 – Can an Officer directly approach the Commission for relief in the Disciplinary Proceedings initiated against him?

 

Answer - The role of the Commission is to tender its Advice to the President in accordance with the requirement of consultation as laid down in Article 320 (3) (c) of the Constitution of India read with Regulation 5 (1) of the UPSC (Exemption from Consultation) Regulations, 1958. Therefore, an officer can not directly approach the Commission seeking any relief in the Disciplinary Proceedings initiated against him.

 

 

Q 30 – Can an Officer submit a representation to the Commission directly, on the Advice of the UPSC, once a copy of the same is served upon him by the Administrative Ministry/ Department/ State Government in a Disciplinary Proceeding?

 

Answer - No representation lies to the Commission in this regard. The Officer can submit representations only to the concerned Disciplinary Authority.

 

Q   31 – Can a Charged Officer meet any functionary in the Commission to explain his case?

 

Answer - Since the Disciplinary proceedings are quasi -judicial in nature, the Officer is required to submit his representation during the course of Disciplinary proceedings to IO/DA as provided for, under the applicable Disciplinary Rules. Hence, any interaction between the CO and functionaries of the Commission is strictly prohibited.

 

Q    32 – What procedure is to be followed by the Ministries/ Departments in case of disagreement with the Advice of the Commission?

 

Answer - The procedure to be followed while disagreeing with the Advice of the Commission is stated in DoP&T’s O.M. No. 39023/02/2006-Estt.(B) dated 05.12.2006.

 

 

Q     33 – What procedure is to be followed by the State Governments in case of disagreement with the Advice of the Commission?

 

Answer - According to Rule 11 of AIS (D & A) Rules, 1969, whenever there is any difference of opinion between a State Government and the Commission on any matter covered under these Rules, such matter shall be referred to the Central Government for its decision.

 

Q    34 – What happens when the Ministry/ Department/ State Government disagrees with the Advice of the Commission?

 

Answer - Such cases, where the Ministry/ Department/State Government disagree with the Advice of the Commission, are reflected in the Explanatory Memorandum along with the Annual Report of the Commission, which is laid before the Parliament.

 

 

 

 

Q      35 – Whether a copy of the final order is to be marked to the Commission?

 

Answer - Yes.

 

Q    36 – What will happen in the eventuality of the death of the Charged Officer before the imposition of the penalty?

 

Answer - The disciplinary proceedings are dropped against the Charged Officer on his death.

 

Q 37 – When are the Disciplinary Proceedings considered as closed?

 

Answer - The Disciplinary Proceedings come to a closure with the issue of the final Order imposing the penalty/ exoneration/ dropping of the Charges by the Disciplinary Authority.

 

Q      38 – Can a Government Servant approach the Commission when he/she comes across any new material or new evidence which could not be produced or was not available during the course of enquiry, at the time of passing of the order after consultation with the Commission?

 

Answer - No.

 

Q 39 – Does any Appeal lie if the Order is made by the President?

 

Answer - In terms of Rule 22 of CCS(CCA) Rules, 1965, no Appeal shall lie against any Order made by the President.

 

Q    40 –When is the President required to consult the Commission in the cases of Review, Memorial or Petitions?

 

Answer - In terms of MHA’s OM No. 18/9/63-Estt(B) dated 4.8.1964, the Commission is required to be consulted only when the President proposes to pass an Order overruling or modifying, after consideration of any Petition or Memorial or otherwise, an Order imposing any of the penalties made by him or by a subordinate authority or an Order imposing any of the penalties in exercise of its powers of review and in modification of an Order under which none of the penalties has been imposed.

 

Q         41 – Which is the Nodal Ministry for any clarification on implementation of the penalty advised by the Commission?

 

Answer - Department of Personnel & Training (DoP&T) is the Nodal Ministry for seeking any clarification on the implementation of the penalty.

 

 

Q      42 – Which is the Authority to give clarification under CCS(CCA) Rules, 1965 and AIS(D&A) Rules, 1969?

 

Answer - The Department of Personnel & Training (DoP&T) is the Nodal Department with regard to interpretation and administration of CCS(CCA) Rules, 1965 and AIS(D&A) Rules, 1969.

 

Q    43 – Can the information regarding status of a Disciplinary case in the Commission, be sought under RTI Act, 2005?

 

Answer - As Disciplinary proceedings are quasi-judicial in nature, such information from the date of receipt of a case in the Commission, till final rendering of advice by the Commission, cannot be shared under Right to Information (RTI) Act.

 

Q    44 – Can the Charged Officer or a third party request for providing a copy of advice letter issued by UPSC under RTI Act, 2005?

 

Answer - In accordance with the extant rules, a copy of the Advice Letter is to be given to the Charged Officer by the Department/Disciplinary Authority to whom the Advice Letter is forwarded and therefore the concerned authority under the RTI to provide a copy of the Advice Letter would be the concerned Department/Disciplinary authority. However, a copy of the Advice Letter can be given to the applicant (Charged Officer in individual capacity or a third party) in such cases where final Order has been issued by the concerned Ministry/Department/Disciplinary Authority, and the relevant file is available with UPSC, as per the Record Retention Schedule. Advice of the Commission cannot be disclosed in such cases, where final Order has not been issued by the concerned Ministry/Department/Disciplinary Authority.

 

Q    45 – Where can one get the information regarding the total number of Disciplinary cases received by the Commission for advice and the number of cases in which the Commission has tendered its advice?

 

Answer - This information is contained in the Annual Report placed before the Parliament. Once the Annual Report is placed in Parliament, a copy of the same is also uploaded under the heading “Annual Reports” on the Official Website of UPSC (http://upsc.gov.in).

 

 

 

 

 

 

 

 

9


Q    46 – Can an Officer request under the RTI Act, 2005, for copies of the case records that were referred by Ministries/ Departments/State Governments for seeking advice of the Commission in a Disciplinary case?

 

Answer - The case records of every Disciplinary case are returned to the Ministries/ Departments/State Governments along with the Advice of the Commission. Therefore, Commission cannot provide copies of the case records pertaining to any Disciplinary case.

 

Q 47 – Where can one find the data relating to the number of cases in which the Commission has advised penalties?

 

Answer - The data relating to the number of cases received and the penalties advised by the Commission are published in the Annual Report of the Commission. The Annual Reports of the Commission are available in the public domain on the official website of UPSC (www.upsc.gov.in).

 

Q    48 – Can the Commission give clarification or interpretation in respect of Disciplinary Rules viz. CCS (CCA) Rules 1965, other Central Government service related rules in a Disciplinary case under RTI Act, 2005.

 

Answer - The applicants are advised to approach the concerned nodal Ministries for any such clarifications. For example in case of CCS (CCA) Rules, 1965, Ministry of Personnel, Pension and Public Grievances (Department of Personnel & Training) is the nodal Ministry.