CHAPTER 1 - Border Roads Organisation

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RESTRICTED 33. In case, an individual is posted to another unit on promotion, it is not possible for the receiving unit to ensure correctness of the points mentioned in para 31 (a) to (e) & (h) above till receipt of service documents of the individual. As such the dispatching unit should furnish certificate covering these aspects in the movement order for information and action by the receiving unit before allowing the individual to assume higher appointment. 173 RESTRICTED
RESTRICTED Introduction REFUSAL OF PROMOTION 1. There may be cases where a Govt. Servant, ordered to be promoted to a higher grade, refuse to accept the same. Action to be taken in such cases is given in CPRO 46/60 and Govt. of India No. 1 in Appendix-16 of CSR (Vol-II), Rule 11 of CCS (CC&A) Rules 1965. Procedure 2. When a Govt. servant does not accept promotion to a higher post which is offered to him, he may make a written request that he may not be promoted and the request may be considered by the appointing authority taking relevant aspects into consideration, as under :- (a) If the reasons put forth by the individual are not acceptable to the appointing authority, it will constitute a good and sufficient reason for taking disciplinary action against him to impose any of the penalties specified in Rule 11 of CCS (CC&A) Rules 1965. Where the appointing authority is of the opinion that public interest will suffer by refusal of promotion, there would be no question of accepting the reasons for refusal of promotion. Accordingly, he will be informed and he will assume charge of the duties of higher post otherwise will have to face the consequence under Rule quoted above. (b) If the competent authority is satisfied of the genuineness of the case and feels refusal of promotion does not suffer public interest, a suitable endorsement of this effect will be made in the relevant file to cancel the promotion order. Then the next man in the approved panel will be promoted subject to fulfillment all condition. However, the individual‟s name will not be deleted from the approved list. Since it may not be administratively possible or desirable to offer appointments to the persons who initially refused promotion on very occasion on which a vacancy arises during the period of validity of the panel, no fresh offer of appointment on promotion should be made in such cases for a period of one year of the date of refusal of first promotion or till a next vacancy arises whichever is later. Govt. servants refusing a promotion for reasons acceptable to the appointing authority will, on eventual promotion to the higher grade, loss seniority vis-a-vis, their erstwhile juniors promoted to the higher grade earlier than them irrespective of whether the posts in question are filled by selection or other wise. 3. The above mentioned policy will not apply where adhoc promotions against short term vacancies are refused. 4. However, there should be no ban for consideration of his promotion by the next DPC. Authority :- Govt. of India, Dept of Pers and Administrative Reforms OM No. 1/3/69-Estt(D) dated 22 Nov 75. 174 RESTRICTED
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