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Review under FR 56(j) and Rule 48 of CCS (Pension) Rules 1972

No.X-19/6/2019-SPN-II
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi — 110 001
April 07, 2020

To,
All Heads of Postal Circles, All Heads of Postal Regions

Subject: Review under FR 56(j), FR 56(1) and Rule 48(l)(b) of CCS (Pension) Rules, 1972.

Madam / Sir,

FR 56(j), FR 56(1) and Rule 48(l)(b) of CCS (Pension) Rules 1972 provide enabling provisions for premature retirement of a Government servant. Comprehensive instructions / guidelines have been issued by the Department of Personnel & Training (DOPT) to access the suitability of a Government servant for continuance in service or for retiring prematurely in public interest. For appropriate implementation of the provisions of FR 56 and Rule 48 of CCS (Pension) Rules, 1972, further instructions have also been issued by the Department of Posts (DoP). Some of such communications issued by the DOPT and DoP are as under:

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a) OM No 25013/1/2013-Estt (A) dated 21.03.2014 and OM No. 25013/1/2013- St.ATV dated 11.09.2015 issued by DOPT (copy enclosed), and

b) Letter No. 4-16/2015-SPG dated 09.12.2015 and letter No.l9-02/2017-SPB-H dated 28.08.2017 issued by DoP (copy enclose ).

Besides, other communications on the subject issued by the DOPT are available on their website (dopt.gov.in). It is imperative that instructions issued from time to time by DOPT are followed while considering cases under the provisions of FR56 and Rule 48 of CCS (Pension) Rules, 1972.

READ ALSO: Dopt Orders on CCS Rules

2. Department of Posts (DoP), vide letter No. 4-16/2015-SPG dated 09.12.2015, had issued instructions regarding composition of Review Committee and Representation Committee. In supersession of the instructions issued vide said letter No. 4-16/2015-SPG dated 09.12.2015, it has been decided that hence forth composition of Review Committee and Representation Committee shall be as under:

A. Composition of Review Committee

1. Composition of Review Committee For all Group-A Officers

A) Secretary (Posts) – Chairman
B) Director General (Postal Services)
C) Chief Vigilance Officer

2. Composition of Review Committee For all Group-B Gazetted Officers

For employee working in Postal Circles

a) CPMG of the Circle – Chairman
b) One Officer of the level of PMG
c) Vigilance Officer the Circle Office as nominee of Chief Vigilance Officer

For employee working in Postal Directorate

a) Member (Personnel) – Chairman
b) Chief Vigilance Officer
c) DDG (Personnel)

3. Composition of Review Committee For all Non-Gazetted Officials

For employee working in Postal Circles

A) DPS (HQ)/DPS(Region)/Director – Chairman
B) Head of the Administrative Division / Independent Unit / One officer not below the rank of Assistant Director where the employee is posted
C) Officer dealing with Vigilance work of the Region as nominee of Chief Vigilance Officer

For employee working in Postal Directorate

a) DDG(Personnel) – Chairman
b) Director (Staff)
c) Director (Vigilance) / ADG (Vigilance) as nominee of Chief Vigilance Officer

Note-1: If the Review Committee Chaired by CPMG / DDG (Personnel) / DPS / Director concludes for premature retirement of an official on ground of INEFFECTIVENESS’ before seeking approval of appointing authority wherever required / issue of the notice of premature retirement, all relevant records shall be placed before the Member (Personnel) / CPMG of the Circle, as the case may be, who shall satisfy herself / himself that all relevant instructions have been followed and all relevant records have been taken into consideration by the Review Committee while arriving at the conclusion of premature retirement and thereafter either endorse the decision of the Review Committee or remit back the case for reconsideration of the Review Committee.

READ ALSO: Dopt orders on Retirement

Note-2: If the Review Committee Chaired by CPMG / DDG (Personnel) / DPS/Director concludes for premature retirement of an official on ground of ‘DOUBTFUL INTEGRITY’ before seeking approval of appointing authority wherever required / issue of the notice of premature retirement all relevant records shall be placed before the Chief Vigilance Officer, who shall satisfy herself / himself that all relevant instructions have been followed and all relevant records have been taken into consideration by the Review Committee while arriving at the conclusion o retirement and thereafter either endorse the decision of the Rev Committee or remit back the case for reconsideration of the Review Committee.

B. Composition of Representation Committee

1. Representation Committee For all Group-A Officers

A Secretary to be nominated by the Cabinet Secretary
One nominee of the Cabinet Secretary of AS / JS level
Member (Personnel), Department of Posts

2. Representation Committee For all Others

A Secretary to be nominated by the Cabinet Secretary
One nominee of the Cabinet Secretary of AS / JS level
DDG (Personnel), Department of Posts

3. Of late it is observed that relevant instructions are not being followed in letter and spirit. Accordingly, it is felt appropriate to issue tether guide lines on some of the aspects relating to premature retirement under the aforesaid provisions.

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4. Timely Review:- It is observed that in most of the cases time schedule laid down for review is not followed. Consolidated instructions issued by DOPT vide aforesaid OM of 21.03.2014 provides for maintenance of a register of employee due for review. It is therefore imperative that a register is prepared, well in advance say by 30th June of each year, showing the list of officials due for review in each quarterly period of the following calendar year. The register should be scrutinized, by an officer to be nominated by the Chairperson of the Review Committee, at the beginning of the quarter to schedule the meeting of the Review Committee.

5. Minutes of Review Committee:- It is observed that minutes of the Review Committee are merely reflecting the decision, even if it is decided to prematurely Retire a Government servant, e.g. ‘Recommended’, ‘Not recommended due to unsatisfactory service records’, etc. Needless to say that decision of premature retirement is subject to judicial scrutiny and therefore the process followed in taking such decision should be seen as cogent and evidence based. Accordingly, it is advised to take note of the following:

a) In cases where it is decided to retain the government servant, minutes of Review Committee shall be a small paragraph inter alia including the list of service records relied upon, summarized assessment of those records and conclusion of such assessment leading to retaining in service.

b) In cases where it is decided for premature retirement of a government servant, minutes of Review Committee should be self speaking inter alia including a pen picture based on the entries made in ACR/APAR dossier, a statement of service records relied upon, detail assessment of those records, findings of such assessment with reference to guidelines of deciding ‘INEFFECTIVENESS and ‘DOUBTFUL INTEGRITY, and summarized reasons for the conclusion of premature retirement from service. Minutes should also clearly record that ‘It is necessary to prematurely retire the Government servant in public interest’.

6. Service Record:-ACR/APAR dossier of a government servant form a very important part of service record as it gives a periodical account of both performance and integrity. Guidelines have been laid down with respect to adverse entries in ACR/APAR. The Review Committee shall duly consider the adverse entries in ACR/APAR and that procedures laid down for such adverse entries have been followed, e.g. adverse entries with regard to general attributes, integrity, etc. However, if any un-communicated adverse entry in ACR/APAR is taken into consideration by the Review Committee, reasons for both non-communication and consideration of un-communicated adverse entries should be explicitly brought out in the minutes of the Review Committee. Further since entire service record should be taken into consideration during the review, the assessment should not be limited to ACR/APAR dossier and other records of appropriate importance should also be taken into consideration. However, whenever records other than ACR/APAR dossier are given predominance over the entries in ACR/APAR reasons thereof should be explicitly brought out in the minutes of the Review Committee.

7. Obtaining Approval of Appointing Authority:- After the Review Committee concludes for premature retirement and such conclusion is subsequent y endorsed by Member (Personnel) / CPMG / CVO, wherever required, before issue of the notice / order of premature retirement , approval of the Appointing Authority shall be obtained by the concerned Administrative Division if the Chairman of the Review Committee is lower in rank than the Appointing
Authority.

8 Notice / Order of Premature Retirement:-Notice / Order of premature retirement can be given under both FR 56(j), FR 56(1) and Rule 48(l)(b) of CCS (Pension) Rules, 1972. Since a common proforma has been prescribed for issue of notice / order under both the provisions, it is often observed that notice / order issued by Circles quote both the provisions. It is imperative that notice / order is issued by quoting only the relevant provision. Circles are requested to sensitize
the officers concerned appropriately.

9. Representation against Notice / Order of Premature Retirement: It is often observed that representation against notice / order of premature retirement is addressed to Head of Circle / Region / Division, presumably due to ignorance. Such representation is considered and rejected by Circle advising the government servant to send representation to Chairperson of the Representation Committee. Subsequently, after receipt of representation in Directorate, comments of Circle are called for. In the process considerable time is lost m taking the representation to its logical conclusion. To address the issue in its right perspective, it has been decided as under-”

a) Along with the notice / order of premature retirement, a separate communication may be issued to the government servant indicating that representation, if any, against such notice / order be addressed to Chairman, Representation Committee’ with copy to ‘Head of the Circle and Member (Personnel) within three weeks from the date of service of such notice / order.

b) Even if a representation is addressed / submitted to Head of Circle / Region / Division, it may be deemed to have been addressed to Chairman, Representation Committee for taking appropriate action thereon.

c) On receipt of a representation in the Circle, whether addressed to Chairman, Representation Committee or otherwise, Circle shall send, along with its comments on points put forth in the representation, all service records, which have been relied upon by the Review Committee, to the Directorate for consideration of the Representation Committee, within 15 days from receipt of such representation.

10. Adherence of prescribed time schedule is of paramount importance so that entire process from review to disposal of representation is concluded well before the due date of premature retirement.

11. Guidelines brought out here in are in addition to and not in abrogation of instructions / guidelines issued by the DOPT. Circles are requested to bring the content of this communication to the notice of all concerned.

Encl: As above

Yours faithfully
sd/-
(Satya Narayana Dash)
Director (SPN)

Source: DoP

Review under FR 56(j) and Rule 48 of CCS (Pension) Rules 1972 – DoP Order 2020 pdf download