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CHAPTER 1 - Border Roads Organisation

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RESTRICTED<br />

Introduction<br />

REFUSAL OF PROMOTION<br />

1. There may be cases where a Govt. Servant, ordered to be promoted to a higher grade,<br />

refuse to accept the same. Action to be taken in such cases is given in CPRO 46/60 and Govt.<br />

of India No. 1 in Appendix-16 of CSR (Vol-II), Rule 11 of CCS (CC&A) Rules 1965.<br />

Procedure<br />

2. When a Govt. servant does not accept promotion to a higher post which is offered to<br />

him, he may make a written request that he may not be promoted and the request may be<br />

considered by the appointing authority taking relevant aspects into consideration, as under :-<br />

(a) If the reasons put forth by the individual are not acceptable to the appointing<br />

authority, it will constitute a good and sufficient reason for taking disciplinary action<br />

against him to impose any of the penalties specified in Rule 11 of CCS (CC&A) Rules<br />

1965. Where the appointing authority is of the opinion that public interest will suffer by<br />

refusal of promotion, there would be no question of accepting the reasons for refusal of<br />

promotion. Accordingly, he will be informed and he will assume charge of the duties of<br />

higher post otherwise will have to face the consequence under Rule quoted above.<br />

(b)<br />

If the competent authority is satisfied of the genuineness of the case and feels<br />

refusal of promotion does not suffer public interest, a suitable endorsement of this effect<br />

will be made in the relevant file to cancel the promotion order. Then the next man in the<br />

approved panel will be promoted subject to fulfillment all condition. However, the<br />

individual‟s name will not be deleted from the approved list. Since it may not be<br />

administratively possible or desirable to offer appointments to the persons who initially<br />

refused promotion on very occasion on which a vacancy arises during the period of<br />

validity of the panel, no fresh offer of appointment on promotion should be made in such<br />

cases for a period of one year of the date of refusal of first promotion or till a next<br />

vacancy arises whichever is later. Govt. servants refusing a promotion for reasons<br />

acceptable to the appointing authority will, on eventual promotion to the higher grade,<br />

loss seniority vis-a-vis, their erstwhile juniors promoted to the higher grade earlier than<br />

them irrespective of whether the posts in question are filled by selection or other wise.<br />

3. The above mentioned policy will not apply where adhoc promotions against short term<br />

vacancies are refused.<br />

4. However, there should be no ban for consideration of his promotion by the next DPC.<br />

Authority :- Govt. of India, Dept of Pers and Administrative Reforms<br />

OM No. 1/3/69-Estt(D) dated 22 Nov 75.<br />

174<br />

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