Dopt Orders on Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.
No.28011/1/2013-Estt(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 23rd, December, 2013
OFFICE MEMORANDUM
Subject:
Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.
The undersigned is directed to refer to the subject mentioned above and
to say that various instructions/guidelines have been issued by the
Government from time to time regarding forwarding of applications of
Government Servants for posts outside their own Cadre. All such
instructions issued till date have been consolidated under easily
comprehensible headings for the facility of reference and placed as
Annexure to this O.M. All Ministries/Departments are requested to bring
the above guidelines to the notice of all concerned.
2. Hindi version wIll follow.
sd/-
(J.A.Vaidyanathan)
Director (Establishment)
Annexure to DOPT O. M.No.28020/1/2010-Estt(C) dated December, 2013.
FORWARDING OF APPLICATIONS
GENERAL GUIDELINES
These guidelines relate to forwarding of applications of Government
servants as direct recruit for posts within the Central Government,
State Governments, Autonomous / Statutory Bodies, CPSEs etc. It may be
noted that in a case in which a particular employee cannot be spared
without serious detriment to important work in hand, public interest
would justify withholding of his application even if otherwise the
application would have been forwarded. It may be added for information
that where for good and sufficient reasons an application is withheld no
infringement of any Constitutional right is involved.
[O.M. No. 170/51-Ests., dated the 21.10.1952)
2. INTERPRETING THE TERM ‘PUBLIC INTEREST
a. The Heads of Departments should interpret the term ‘public interest’
strictly and subject to that consideration, the forwarding of
applicatior should be the rule rather than an exception. Ordinarily,
every employee (whether scientific and technical or non-scientific and
non-technical personnel) should be permitted to apply for an outside
post even though he may be holding a permanent post.
b. No distinction need be made between applications made for posts in a
Department under the Central government, Autonomous Bodies or
sub-ordinate offices, posts under the State Governments, posts in Public
Sector Undertakings owned wholly or partly by the Central Government or
a State Government and posts in quasi-Government organizations. They
should all be treated alIke so far as the forwarding of applications is
concerned. If, however, a Government servant desires to apply for a post
in a private concern, he should submit his resignation or notice of
retirement, as the case may be, before applying for private employment.
c. For this purpose, “scientific and technical personnel”, may be
interpreted to mean persons holding posts or belonging to services which
have been declared to be scientific or technical posts or scientific or
technical service.
(OM. No. 70/10/60-Estt, (A), dated 09.05.1960 and O.M. No. 8/7/69-Ests(C) dated the 01.11.1970
3. GENERAL PRINCIPLES FOR DEALING WITH SUCH APPLICATIONS
The general principles to be observed in dealing with such applications are as under:
a. Applications from purely temporary Government Servants - Applications from such
Government servants should be readily forwarded unless there are compelling grounds of public interest for withholding them.
b. Applications from permanent Government servants - Both permanent
non-scientific and non-technical employees as well as permanent
scientific and technical employees could be given four opportunities in a
year to apply for outside posts, except where withholding of any
application is considered by the competent authority to be justified in
the public interest. A permanent Government servant cannot justly
complain of hardship or harsh treatment if his application for any other
post or employment is withheld.
c. Applications of Government servants who have been given some
technical training at Government expenses after commencement of service -
Such Government servant cannot justifiably complain of hardship if he
is not allowed to capitalize the special qualifications so gained by
seeking other better employment. Withholding of application in such a
case is therefore justifiable.
d. Applications of Government servants belonging to Scheduled Castes and
Scheduled Tribes, other than ‘scientific and technical personnel —
Applications for employment of temporary or permanent Central Government
servants belonging to Scheduled Castes andScheduled Tribes should be
readily forwarded except in very rare cases where there may be
compelling grounds of public interest for withholding such application.
The withholding of application should be the exception rather than the
nile in the case of employees belonging to Scheduled Castes and
Scheduled Tribes who should be afforded every facility to improve their
prospects.
e. Application of Government servants for employment in private business
and industrial firm. etc. - Where a Government servant (including a
temporary Government servant) seeks permission, to apply for such
employment, he should submit his resignation or notice of retirement, as
the case may be, before applying for private employment. He cannot
complain of hardship if his application is withheld. While a person
remains in Government service, the State can legitimately refuse to
surrender its claim on his services in favour of a private employer.
[O.M. NO. 170/51-ESTS., DATED ThE 21.10.1952; OM NO. 70/10/60-ESTS(A)
DATED 09.03.1960. OM No.1/6/64-SCT.I DATED 19.03.1964; O.M NO,
5/2/68-ESTT.(C) DATED 06.O5.1968. OM No.8/7/69-ESTS(C)DATED 01.II.1970;
OM No. 8/15/71-ESTS(C) DATED 16.09.1971, OM No. 8/22/71-ESTS(C)
DATED16.10.1971]
4. PROCEDURE TO BE FOLLOWED IN THE CASE OF THOSE WHO APPLY FOR POSTS
IN THE SAME/ OTHER CENTRAL GOVERNMENT DEPARTMENTS/STATE GOVERNMENT/
AUTONOMOUS BODY / CENTRAL PUBLIC SECTOR ENTERPRISES ETC.
a) Applications from Government servants for employment elsewhere,
submitted otherwise than in response to advertisement or circulars
inviting applications, should not be forwarded.
(O.M. No. 5/3/65-Ests(C) dated the 21.12.1965]
b) The applications may be forwarded in accordance with the general
principles given inpreceding paragraphs. irrespective of whether the
post applied for in the other department/offices permanent or temporary.
c) As for temporary Government servants they should, as a matter of
rule, be asked to resign from the parent department/office at the time
of release from the parent department/office. An undertaking to the
effect that he/she will resign from the parent department/office in the
event of his/her selection and appointment to the post applied for may
be taken from his/her at the time of forwarding the application. This
procedure is to be followed even in case of a temporary Government
servant applying as a direct recruit for a post in the same
organisation.
d) In the case of permanent Government servants, their lien may be
retained in the parent department/office for a period of two years
incase of the new post being in the Central/state Government. They
should either revert to the parent department/office within that period
or resign from the parent department/office at the end of that period.
An undertaking to abide by these conditions may be taken from them at
the time of forwarding the applications to other departments/office. In
exceptional cases where it would take some time for the other
department/office to confirm such Government servants due to the delay
in converting temporary posts into permanent ones, or due to some other
administrative reasons, the permanent Government servants may be
permitted to retain their lien in the parent department/office for one
more year. While granting such permission, a fresh undertaking similar
to the one indicated above may be taken from the permanent Government
servants by the parent department.
e) Permanent Government servants on their being selected for appointment
in an autonomous Body / CPSE will have to resign before they are
penitent to join the new organization. In their case no lien shall be
retained and they will be governed by the orders issued by Department of
Pensions & Pensioners’ Welfare regulating mobility of personnel
between Central Govt and Autonomous Bodies / CPSEs etc.
f) The Terms of the bond need not be enforced in the cases of those who
apply for appointment elsewhere, other than private employment, through
proper channel. However, the obligations under the bond would be carried
forward to the new employment. An undertaking to this effect may be
obtained from the Govt. servant before he is relieved.
(OM. No. 60/37/63.Ests(A) dated 14.07.1967; OM No. 8/4/70-Ests(C) dated 06.03.1974; O.M.
No. 28016/5/85-Estt(C) dated 31.01.1986]
5. POSTS ADVERTISED BY UNION PUBLIC SERVICE COMMISSION (UPSC/STAFF SELECTION COMMISSION(SSC)
a) Where Government servants apply directly to UPSC/SSC as in the case
of direct recruit, they must immediately inform the head of their
Office/Department giving details of the amination/post for which they
have applied, requesting him to communicate his permission to the
Commission directly. If. however, the Head of the Office/Department
considers it necessary to withhold the requisite permission, he should
inform the Commission accordingly within thirty days of the date of
closing for receipt of applications. In case any situation mentioned in
para 6 below is existing, the requisite permission should not be granted
and UPSC/SSC should be
immediately informed of this fact as also the nature of allegations
against the Government servant. It should also be made clear that in the
event of actual selection of Government servant, he would not be
relieved for taking up the appointment, if the charge-sheet /
prosecution sanction is issued or a charge-sheet is filed in a court for
criminal prosecution, or if the Government servant is placed under
suspension.
b) It may be noted that in case of direct recruitment by selection,
i.e., “selection by interview”, it is the responsibility of the
requisitioning Ministry/Department to bring to the notice of the
Commission any point regarding unsuitability of the candidate
(Government servant) from the vigilance angle and that the appropriate
stage for doing so would be the consultation at the time of preliminary
scrutiny, i.e., when the case is referred by the Commission to the
Ministry/Departments for the comments of the Ministry’s representatives
on the provisional selection of the candidate for interview by the
Commission.
[OM. No. 14017/01/91-Estt.(RR) dated the 14th July, 1993 & O.M.No.20016/1/88-Estt.(C)
dated 18/07/1980)
c) When once the Administrative Authority has forwarded an application,
it is mandatory that the Government employee concerned should be
released to take up the new appointment. However, where subsequent to
the forwarding of the application, but before selection if exceptional
circumstances arise in which it may not be possible to release the
official, the fact should be communicated to the Commission as well as
to the official concerned. The decision not to release an official
should be taken only where the circumstances referred to above arereally
exceptional.
[OM. No. 60/43/64-Ests(A) dated the 24.08.1965)
6. CIRCUMSTANCES IN WHICH APPLICATION SHOULD NOT BE FORWARDED
Application of a Government servant for appointment, whether by direct
recruitment, transfer on deputation or transfer, to any other post
should not be considered/ forwarded., if-
(a) (i) he is under suspension; or
(ii) disciplinary proceedings are pending against him and a charge sheet has been issued; or
(iii) sanction for prosecution, where necessary has been accorded by the competent authority; or
(iv) where a prosecution sanction is not necessary, a charge-sheet has
been filed in a Court of law against him for criminal prosecution.
(v) where he is undergoing a penalty — no application should be forwarded during the currency of such penalty.
(b) When the conduct of a Government servant is under investigation (by
the CBI or by the Controlling Department) but the investigation has not
reached the stage of issue of charge-sheet or prosecution sanction or
filing of charge-sheet for criminal prosecution in a court, the
application of such a Government servant may be forwarded together with
brief comments on the nature of allegations and it should also be made
clear that in the event of actual selection of the Government servant,
he would not be released for taking up the appointment, if by that time
any of the situations in (a) above arises.
[O.M. No. 14017/101/91-Estt.(RR) dated the 14th July 1993]
7. FORWARDING OF APPLICATIONS FOR POSTS ADVERTISED BY CENTRAL / PUBLIC SECTOR UNDERTAKINGS/ CENTRAL AUTONOMOUS BODIES
Applications of Central Government Servants in response to press
advertisement for posts in Central Public Enterprises / Autonomous
Bodies may be forwarded with a clear understanding with the employee
that in the event of their selection for the post applied for they will
sever their connections with the Government before joining the Public
Sector Undertakings/Autonomous Bodies. No lien shall be retained in ch
cases. The relieving order should indicate the period within which the
official should join the Public Sector Undertaking / Autonomous Body.
Normally this period should not be more than 15 days. This period may be
extended by the competent authority for reasons beyond the control of
the official. Necessary notification/orders accepting the resignation of
the Govt. servant from Govt. service should be issued from the actual
date of his/her joining the Public Sector Undertaking/Autonomous Body.
The period between the date of relieving and the date of joining Public
Sector Undertaking!/ Autonomous Body can be regulated as leave of the
kind due and admissible and if no leave is due, by grant of extra
ordinary leave. In case he/she is not able to join the Public Sector
Undertaking/Autonomous Body within the period allowed by the competent
authority, he/she should report back to the paient office forthwith.
[Department of Pension & Pensioner’s Welfare OM No. 4/15/88-P&PW(D) dated 13.11.1991]
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28011_1_2013-Estt-C.pdf]
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