Orissa Civil Services (Criteria for Promotion) Rules, 1992
Published vide Notification No. S.R.O. No.915/92, dated 24.7.1992
(a) "Government" means the Government of Orissa;
(b) "Recruitment Rules" means the rules framed under the proviso to Article 309 of the Constitution of India regulating promotions-to different State Civil Services and Post and includes executive orders and instructions issued by the competent authority in this regard from time to time; and
(c) "Select List" means the list approved by Government or the appointing authority as the case may be, containing the names of Officers considered suitable for promotion.3. Criteria for Promotion. - Notwithstanding anything contained in the Recruitment Rules,
(a) all promotion to the posts or grades of different Services/Civil Posts under the State Government shall be made by selection;
(b) selection for such promotion shall be made on the basis of merit and suitability in all respect with due regard to seniority and the names of persons included in the Select List shall be arranged in order of seniority in the feeder service or grade :Provided that any Junior officer of exceptional merit and suitability may be assigned a place higher than his seniors and in such case the assignment of higher position to the junior officer shall be limited to the same batch or year of allotment except where an officer of the earlier batch or year of allotment is found unsuitable for promotion : Provided further that where promotion is made from different services or posts and no common seniority among such officers exists, their names in the Select List shall be arranged on the basis of their merit adjudged during selection. [Explanation - The expression "batch or year of allotment means the calendar year of the select list on the basis of which an officer is promoted to the higher rank."]
[(c) In order to judge the suitability of an officer for promotion, the Orissa Public Service Commission, the Departmental Promotion Committee, the Selection Commission or Selection Board, as the case may be, shall scrutinise preceding five available annual Confidential Character Rolls [Performance Appraisal Reports (PARs)] and other documents, if any, having a bearing on the performance and conduct of all eligible officers, unless for reasons to be recorded, it is considered necessary to refer to any earlier record to adjudge an officer's suitability :Provided the available Confidential Character Rolls [Performance Appraisal Reports (PARs)] (C.C.Rs./[P.A.Rs]) taken into consideration for promotion as above shall include C.C.Rs./[(P.A.Rs.)] covering at least a period of three years in preceding five years.'1]
[Note I - The expression "other documents" means papers of whatsoever nature having bearing on the performance and conduct of eligible officers like C.B.I. or Vigilance reports, papers relating to departmental action and other confidential reports having nexus with an officer's performances which might have been prepared after giving an opportunity to an officer of being heard and not reflected in his C.C.Rs./[(P.A.Rs.)] or service records.
Note II - The expression "preceeding five years" means the five years preceding the year which the officer's performance is, in accordance with the relevant Recruitment Rules, first evaluated.]4. Consideration of adverse remarks. - In order that vacancies are filled up by the most suitable persons, with the utmost expedition consistent with an officer's right to seek expunction of an adverse remark to the following procedure shall be followed in case where the records of an officer under consideration contain an adverse remarks:-
(a) If the officer has represented against an adverse remark and the representation has not been disposed of, the adverse remark shall be taken into consideration at the time of selection.
(b) If the remark has been expunged after consideration of his case by the Departmental Promotion Committee or the Selection Committee or the Selection Board, as the case may be, the fact shall forthwith be reported to the Public Service Commission and if the officer was refused promotion on ad hoc basis because of the said remark, his entitlement to such promotion shall be considered once again, notwithstanding that it may involve the reversion of another officer.
(c) If expunction of the adverse entry is ordered after selection has been made on the recommendation of the Orissa Public Service Commission, his case will be referred once again to the Commission and if the Commission recommends his promotion and Government accept the said recommendation, the officer will be promoted from the date his junior, not being a person of exceptional merit and suitability, was promoted and shall be entitled to all service benefits which he would have received but for the supersession on account of the adverse remarks.
(d) If, as a result of such retrospective promotion, any junior officer has to be reverted, such reversion shall not entitle the said junior officer to claim continuance in the post on the strength of an earlier recommendation of the Orissa Public Service Commission.5. The provisions of these rules shall have overriding effect notwithstanding anything to the contrary contained in any other Recruitment Rules or any other orders or instructions for the time being in force. 6. Interpretation. - If any doubt arises on interpretation of any of the provisions of these rules, it shall be referred to Government in General Administration Department for final decision. [7. Issue of instructions. - The Government may issue instructions or guidelines not inconsistent with the provisions of these rules for proper implementation of these rules.]