A memorandum dated May 17, 2023, outlines revised instructions for the promotion of postal employees via LDCE, even if disciplinary or criminal actions are pending. Candidates may sit for LDCE regardless of ongoing cases, but results may be withheld under “Sealed Cover” until proceedings conclude. Promotions hinge on the outcome of these cases and are affected by both minor and major penalties.
I am directed to refer to Directorate letters of even number dated 12.04.2022 and 10.11.2022 on the above-mentioned subject. The instructions issued vide the said two communications have been reviewed, and it has been decided to issue revised instructions as detailed herein.
2. Eligibility to Appear for LDCE
All eligible government servants who apply for the Limited Departmental Competitive Examination (LDCE) for promotion to a higher grade, as per the relevant notification, shall be allowed to appear in the examination, even if they fall under the following categories:
- Government servants on whom a penalty has been imposed after the conclusion of disciplinary proceedings.
- Government servants under suspension.
- Government servants against whom a charge sheet has been issued and disciplinary proceedings are pending.
- Government servants against whom prosecution for a criminal charge is pending.
3. Handling Disciplinary or Criminal Prosecution during LDCE
(i) Vigilance Clearance Before Result Declaration
Before declaring the results of the LDCE, the concerned authority must obtain a ‘Vigilance Clearance’ for all candidates who appeared. The results of candidates falling under any of the following categories on the date of declaration will be kept in ‘Sealed Cover’:
a) Government servants under suspension.
b) Government servants against whom a charge sheet has been issued, and disciplinary proceedings are pending.
c) Government servants against whom prosecution for a criminal charge is pending.
(ii) Verification Before Promotion
Before an official is relieved to join a higher post upon promotion, the concerned authority must verify that the official does not fall into any of the categories mentioned in (a) to (c) of para 3(i). If the official does fall into one or more of these categories, the results will be considered in ‘Sealed Cover.’
(iii) Opening the Sealed Cover
After the conclusion of disciplinary proceedings or criminal prosecution, if the government servant is fully exonerated or if the charges are dropped, the ‘Sealed Cover’ will be opened and the results declared. If the government servant is declared successful for promotion, the effective date for promotion will be determined based on their ranking in the LDCE results and the date of promotion of their junior, if applicable.
(iv) Penalty Imposed or Found Guilty
If a penalty is imposed or if the government servant is found guilty, the ‘Sealed Cover’ containing their results will not be opened.
4. Handling Penalties During LDCE Results Declaration
As per prevailing instructions, the imposition of a penalty does not debar a promotion, but a government servant should not be promoted during the currency period of a penalty. The action taken will depend on the nature of the penalty:
- Minor Penalty – Censure: No impact on promotion. Results will be declared if the official figures in the LDCE merit list.
- Minor Penalty – Withholding of Promotion: The order imposing this penalty should indicate the period of withholding. If specified, the results will mention the effective promotion date post-penalty. If unspecified, a maximum period of three years will be assumed.
- Minor Penalty – Recovery from Pay: No impact on promotion. Results will be declared.
- Minor Penalty – Reduction in Pay Scale (up to 3 years): Promotion is possible post-penalty. Results will specify the effective promotion date.
- Minor Penalty – Withholding of Increments: The penalty period should be specified. Promotion is possible post-penalty, with results specifying the effective promotion date.
- Major Penalty – Reduction in Pay Scale for a Specified Period: Results will be declared. Promotion can occur post-penalty with specific dates mentioned.
- Major Penalty – Reduction to Lower Time Scale: If the penalty duration is not specified, it will be treated as three years. Eligibility for LDCE will be examined based on this period.
- Major Penalty – Compulsory Retirement / Dismissal: Promotion does not apply as the individual is no longer in service. Results will not be declared.
5. Guidelines for Suspended Employees
When the results of LDCE are in ‘Sealed Cover’ due to an employee’s suspension, the following actions will be taken:
- Suspension Revoked Before Issuing Charge Sheet: Results will remain in ‘Sealed Cover’ until disciplinary proceedings conclude.
- Suspension Revoked After Issuing Charge Sheet: Results will continue in ‘Sealed Cover’ until the outcome of proceedings is finalized.
- Suspension Revoked Without Further Action: The ‘Sealed Cover’ will be opened, and results will be declared.
6. Applicability
These instructions come into effect immediately and apply to all cases where the results of Departmental Examinations are yet to be declared. These guidelines will not apply to cases where results have already been published, either fully or partially. Past cases decided under the previous instructions (letters dated 12.04.2022 and 10.11.2022) will not be reopened.