5.ITHE INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955 In pursuance of sub-rule (1) of rule 9 of the Indian Police Servic

5 · ITHE INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955 In pursuance of sub-rule (1) of rule 9 of the Indian Police Service (Recruitment) Rules, 1954, the Central Government in consultation with the State Governments and the Union Public Service Commission, hereby makes the following regulations, namely:

1 · Short title.-These regulations may be called the Indian Police Service (Appointment by Promotion) Regulations, 1955.

2 · Definitions.- 2(1) In these regulations unless the context otherwise requires.

114 · [Deleted]:

125 · Preparation of a list of Suitable officers - 5(1) IBEach Committee shall ordinarily meet every year and prepare a list f such members of the State Police Service, as are held by them to be suitable for promotion to the Service. The number of members of the State Police Service to be included in the list shall be determined by the Central Government in consultation with the State government concerned and shall not exceed the number of substantive vacancies as on the first day f January of the year in which the meeting is held, in the posts available for them under rule 9 of the recruitment rules:

27 · Provided that a member of the State Police Service whose name appears in the Select List (prepared for the earlier year)274 before the date of the meeting of the Committee and who has not been appointed to the Service only because he was included (provisionally in that select list) 278 shall be considered for inclusion in the fresh list to be prepared by the Committee, even if he has in the meanwhile, attained the age of 24Afifty- six years;

6 · Consultation with the Commission:- The list prepared in accordance with regulation 5 shall then be forwarded to the Commission by the State Government along with-

41 · Provided that where the State Government has forwarded the proposal to declare a provisionally included officer in the Select List as unconditional' to the Commission during the period when the select list was in force, (the Commission shall decide the matter within a period of forty five days)41A or before the date of meeting of the next selection committee, whichever is earlier and if the Commission declares the inclusion of the provisionally included officer in the Select List as unconditional and final, the appointment of the Concerned officer shall be considered by the Central Government under regulation 9 and such appointment shall not be invalid merely for the reason that it was made after the Select List ceased to be in force:

844 · [Omitted]

9 · Appointments to the Service from the Select List:- 9(1)45Appointment of a member of the State Police Service, who has expressed his willingness to be appointedto the Service, shall be made by the Central Government in the order in which the namesof the members of the State Police Service appear in the Select List for the time being inforce during the period when the Select List remains in force:

47 · Provided also that in case a select list officer has expressed his unwillingness for appointment to the service, he shall have no claim for appointment to the service from that select list unless he informs the Central Government through the State Government

51 · Provided that no such decision shall be taken by the Central Government without consulting the Union Public Service Commission:

1052 · Saving-- Omitted:

53 · "Schedule (see regulation 3) Name of the State Other members of the Committee Cadre Joint Cadre Arunachal Pradesh, a) Chief Secretary of the constituent State for which the Goa; Mizoram and meeting is held and in respect of Union Territory Union Territories segment, the senior-most Chief Secretary amongst the Chief Secretaries to the Union Territory administrations: b) The senior-most Chief Secretary of the remaining constituents of the Cadre; DGP of the constituent state for which the meeting is held, In respect of Union Territory segment; the Commissioner of Police, Delhi; Head of Home Department of the constituent segment for which the meeting is held, not below the rank of Secretary to Government: In case of Union Territory segment; the senior-most officer looking after Home Department among all Union Territories; e Special Additional Secretary, Government of India, dealing with AGMUT cadre in Ministry of Home Affairs; and f) Two nominees of Government of India not below the rank of Joint Secretary: Assam-Meghalaya a) Chief Secretaries to the Governments of the and Manipur- constituent States; Tripura Joint b) Director Generals of Police of the constituent States; Cadres and C) Two nominees of Government of India not below the rank of Joint Secretary Other Cadres a) Chief Secretary of the State Government; b) Secretary; Home Department or Principal Secretary (Home) of the State Government as the case may be; C) The Director General of Police of the State Govt:; and Two nominees of Government of India not below the rank of Joint Secretary:"

1 · 1 On the basis of the recommendations of the Committee on the Prevention of Corruption; it has been decided that the following certificate should be recorded by the Chief Secretary to the State Government who is the sponsoring authority in respect of al eligible officers whose cases are placed before the Selection Committee for consideration

1 · 2. The Selection Committee should also consider the question f suitability of the officers for selection with reference to their integrity and should specifically record in their proceedings that they were satisfied from the remarks in the confidential reports of the officers, selected by them for inclusion in the Select List; that there was nothing against their integrity.

2 · 1 A State Government is competent to declare any duly constituted Police Service in the State as equivalent to the Principal Police service of the State for the purpose of regulation 2() and rule 2(g) of the I.P.S: (Recruitment Rules, 1954 Where equivalence SO declared. It is for the State Government to determine the service in ranks or categories of the posts which will be equivalent in service to the post of Deputy Superintendent of Police.

2 · 2 Equivalent posts in non-police departments are intentionally excluded from the scope of the eligibility clause (regulation 4), the reason being that experience not involving police duties should not be reckoned for this purpose. In the case of the I.AS: however, service in equivalent posts is taken into consideration and the State Government have been given discretion to declare any post as equivalent to that of Deputy Collector for the purpose of determining the eligibility of an officer for consideration for inclusion in the Select List: This is because for holding posts in the I.A.S. experience in revenue and general administration is required and in some of the departments (other than police and revenue) the duties involved in the higher posts are of administrative nature_

2 · 3 As service in equivalent posts is not taken into account for determining the eligibility of a State Police Service Officer for inclusion in the Select List; the State Governments would be well-advised not to send them on deputation to posts which are in non-police departments and which cannot be declared by them as equivalent to Principal Police Service of the State.

3 · It is open to the State Government to depute their officers in the State Police Service to the post of A.D.C. to Governor or a Security Officer in a Public Sector undertaking which essentially requires the services of a police officer for the discharge of duties against the deputation reserve provided in the State Police Service cadre or in any other manner without declaring the non-police department as such in which these posts exists as equivalent to the Principal Police Service of the State. In these cases, service

4 · Sub-regulation (4) merely states that the Select List shall be reviewed and revised every year and does not further say that it can be reviewed only after the expiryof a year: The validity of a Select List is not, therefore, affected on the ground that it wasprepared, earlier

7 · It has come to the notice of the Central Government recently where officers not specified in the relevant Schedule to the Promotion Regulations to participate in the Selection Committee meetings as members had participated in such meetings and this had the affect of vitiating the proceedings of the said Selection Committees In order to avoid such a situation, the State Governments have been requested to ensure that their officers, who attend the meetings of the Selection Committees, are invariably those specified in column 3 of the Schedule to Regulation 3 of the I.A.S. /I.P.S. (Appointment by Promotion) Regualtions, 1955 and in sub-regulation (1) of Regulation 3 of the I.F.S: (Appointment by Promotion) Regulations, 1966.

8 · 1 It has been brought to the notice of the Government of India by the Commission that the State Governments do not bring out specifically to the notice of the Selection Committee/Commission cases where decisions on representations made against adverse entries are yet to be taken by the State Government: According to the Commission; this results in the officers who are not included in the Select List filing writ petitions against the selections made by the Selection Committees and in some cases the courts passing orders accepting the writ petitions and directing the respondents to review the proceedings of the Selection Committee ignoring the adverse entries. 125

8 · 2 The State Govts. have been requested that while furnishing the materiallinformation to the Union Public Service Commission for holding the meetings of the Selection Committees, the State Governments should invariably furnish the following certificates:

9 · According to the existing practice, members of the State Civil/PolicelForest Service whose suitability for promotion to the I.AS /I.P.S /I.F.S. is considered by the Selection Committee and against whom disciplinary proceedings are pending are included in the Select List subject to clearance of enquiries pending against them: The State Governments have been requested that a list of officers against whom disciplinary proceedings are pending and a list of those in respect of whom it has been finally decided to institute disciplinary proceedings, may invariably be given to the Chairman of the Selection Committee as in the proforma enclosed at the time of the meeting of the Committee. [DP&AR letter No. 14015/28/81-AIS(), dated 6/2/82.]

10 · After the amendments dated 31.12.1997 , the State Govts: are to forward signed declaration of marital status and consent for termination of lien in the State Service on eventual substantive appointment in the IPS from the State Police Service included in the consideration zone to the Central Government separately , even while sendingproposals for convening the Selection Committee to the Commission: Any adverse development in respect of the officers included in the consideration zone which is likely to render him unsuitable for appointment to the Service for the time-being (e.g:) withdrawal of integrity certificate by the State Govt. issue of charge sheet filing of criminal case against the officer etc. should be immediately brought to the notice of the Central Government and Commission by the State Govt: concerned by FAX Speed Post and acknowledgement secured from the addressee.

11 · State Civil Service officers who crossed 54 years of age during 1.4. After the amendments dated 31.12.1997, the State Govts: are to forward signed declaration of marital status and consent for termination of lien in the State Service on eventual substantive appointment is the IAS from the State Civil Service officers included in the consideration zone to the Central Government separately, even while sending proposals for convening the Selection Committee to the Commission: Any adverse development in respect of the officers included in the consideration zone which is likely to render him unsuitable for appointment to the Service for the time-being (e.g:) withdrawal of integrity certificate by the State Govt: issue of charge sheet filing of criminal case against the officer etc. should be immediately brought to the notice of the Central Government and Commission by the State Govt: concerned by FAX /Speed Post and acknowledgement secured from the addressee:

12 · State Civil Service Officers who crossed 54 years of age during 1.4.1997 and 31.12.1997 and where no selection Committee met to consider their promotion to IAS during this period, are eligible to be considered by the selection Committee meeting in 1998,in terms of the second proviso to Regulation 5(3) of the Promotion Regulations

13 · Every State Civil Service Officer eligible and falling in the consideration zone framed under Regulation 5(2) shall be considered and graded by the Selection Committee and the list of suitable Officers drafted in accordance with Regulation 5(4) and 5(5) of the Promotion Regulations The choice of option exercised by the State Civil Service Officer for promotion to IAS shall be reckoned with by the Central Government only in case of their inclusion in the select list after its approval by the Commission: In terms of third proviso to Regulation 9(1) of the Promotion Regulations:

1 · The appointment of a State Service Officer to an AII India Service against the promotion quota or otherwise is appointment in a substantive capacity outside his cadre. His lien on the post in the State Service shall, therefore, be suspended under Fundamental Rule 14(a)(2) and his written consent obtained for the termination of his lien on the post in the State Service before he is confirmed in the All India Service. The written consent should be obtained by the State Government while recommending the names of State Service Officers for appointment to the All India Service

3 · 1 X was placed above Y in the earlier Select Lists and he was also officiating in cadre posts. In the Select List; current at the time of occurrence of the vacancy, however, he was superseded by Y. The question arose whether Y could be appointed tothe service in preference to X

3 · 2 Regulation 9, which is mandatory, requires appointments to the service to be made in the order in which the names appear in the Select List for the time being in force. It is independent of regulation 8 which deals with temporary appointment of SelectList officers against cadre post. In the circumstances; X cannot be appointed to the Service in preference to Y. The fact that he was holding a cadre post in an officiating capacity from a date earlier than Y or that he was placed above Y in the earlier Select Lists is not a relevant consideration.

3 · 3 In this connection Select Lists are subject to revisions as provided in regulations 5(4) and 7(4) , and particular Select List will be in force only until its review and revision is 127

3 · 4 The other point to be borne in mind is the distinction between regulations 8 and 9_ Regulation 8 deals with the appointment of State Police Service officers against vacancies in cadre posts in temporary capacity and such appointments have to be in accordance with the requirements of rule 9 of the Cadre Rules As far as these officiating appointments to cadre posts are concerned the legal status of State Police Service Officers included in the Select Lists is the same as of those not included in the Select Lists; in other words to the extent regulation 8 is concerned: Select List officers are also non-cadre officers and that is the reason why their officiating appointments haveto meet the requirements in rule 9 of the Cadre Rules: thus a Select List officer appointed in an officiating capacity to a cadre post under regulation 8 will not acquire anyright to hold a cadre post either in preference to a cadre officer who may be placed above him by subsequent Selection Committee.

3 · 5 Regulation 9_ on the other hand; deals with the appointments of a Select List officer to a substantive vacancy in the Service and this has to be made from the Select List for the time being in force and in the order in which the names appear in such a Select List. The phrase "for the time being force' has relevance to the period at which the appointment to the service is made by them and not to the time at which the officer started officiating in a cadre vacancy under regulation 8_ That is to say appointment to avacancy in the promotion quota is made with reference to the date of the origin of the vacancy or the date of inclusion of the officer's name in the Select List; whichever is later:

4 · A State Service Officer, on appointment to an All India Service on probation; would retain his lien in the State Service and therefore be entitled to all the benefits thatmay accrue to him in the Service (such as confirmation in the Selection Grade of the State Civil Service ) before his confirmation in the All India Service.