S.O. 324-In exercise of powers conferred under proviso to Article 309 of the Constitution of India, the Lieutenant Governor is pleased to direct that Article 226(2) of the lammu and Kashmir Civil Service Regulations may be substituted as follows:-
“226 (2): (a) Notwithstanding anything contained in these Regulations, Government may, if it IS of the opinion that it is in the public interest to do so, requlre any Govcmment servant other than one working on a post which is included in Schedule I1 of these Rules, to retire at any time after he has completed 22 years of qualifying service or on attaining 48 years of age:
Provided that the Appropriate Authority shall give a notice to Government servant at least 3 months before the date on which he is required to retire or 3 months of pay and allowance in lieu of such notice.
Such a Govemment servant shall be granted pensionary benefits admissible under these rules on the basis of qualifying service put in by him on the date of such retirement.
Explanation: A Government servant who is retired immediately after allowing him pay and allowances in lieu of notice will be ent~tled to pension from the date of such retirement and the pension shall not be deferred till after the expiry of the three months for which he is paid pay and allowances.
(b) Time Schedule to be followed:- The exercise of review of performance of the Government servants wit1 be initiated for each Government Servant for the first tlme after hisher completion of 22 years of I service or attaining 48 years of age and any time subsequently,as may be required.
(c Maintenance of Register:- A register of the Government servants who are due to attain the age of 48 years or to complete 22 years of service, has to be maintained by the Administrative Department. The register should bc scrutinized at the beginning of every year by officers to be nomiilated by the Administrative Department con~rned and the review he undertaken as mentioned in sub-clause (b).
(d) Government may, at any time after a Government servant has attained the age of 48 years or completed 22 years of service, as the case may he, retire him in public interest.
(e) Subsequent Review:-There is also no bar on the Government to revlew any such case agaln where it was decided earllw to retain the officer, but the Admrnistrahve Department is of the oplnion that it is expedient to undertake the review again on account of changcd circumstances, In public interest.
(f) Review Committee:- The cases of Government servants for consideration under clause(a) shall be placed before the General Administration Department by Review Cornmittee(s) constituted under clause (g) of this Regulation for placing its recommendations. The recommendations of the Review Committee shall be processed by the GAD for orders of the Competent Authority in accordance with clause (k) for its approval.
(g) Composition of Review and Representation Committee: For the purpose of this regulation, the Review Committee(s) shall be as follows:-
(A) In case of offtcers holding Grade of Under Secretary and above, the Review Committee shall consist of-
(i) An Officer of the rank of Chief Secretary or Principal Secretary to be nominated by Lieutenant Governor. -(Chairperson)
(ii) Principal Secretary to Lieutenant Governor;
(iii) Principal Secretary to Chief Minister;
(iv) Administrative Secretary, Home Department;
(v) Administrative Secretary. General Administration
Department; -(Member- Secretary)
(vi) Administrative Secretary, Department of Law. Justice& Parliamentary Affair;
(vii) One senior Administrative Secretary to be nominated by the Lieutenant Governor; or
(viii) any other member(s) to be co-opted by the Committee.
(B) In case of Non-Gazetted Officials, the Review Committee
shall conslst of:-
(i) Concerned Admtn~strative Secretary; -(Convener)
(ii) Administrative Secretary. Home Department;
(iii) Administrative Secretary, General Administration Department;
(iv) Administrative Secretary, Deparunent of Law, Justice & Parliamentary Affair.
(v) One senior Adrnin~strative Secretary to be nominated by the Chlef Secretary; or
(VI) any other rnembeds) to be co-opted by the Chairman.
(vii) Special SecretaryIAdditional Secretary of the concerned department; -(Member- Secretary)
Senior most Administrative Secretary to be the Chairperson of the Committee.
A defect in the composition or vacancy in the Review Committee shall not invalidate its proceedings.
(h) Representative Committee:- There shall be a Representation Committee for examination of representation^ as provided in clause (m) of these regulations. The composition of Representation Committee shall be as
i. Chief Secretary.
11. Two senior Secretaries to Government who are not members of the relevant Review Committee constituted under
(i) Constitution of Internal Committee:- There will be an Internal Committee in each Administrative Department compnslng of the following:-
a) Administrat~ve Secretary;
h) Concerned Head of the Department;
c) Two Senior Officers to be nominated by the Administrative Secretary.
The Internal Committee will ensure that the service records of the Government servants being reviewed, along with a summary, bringing out all relevant information, 1s placed before the Review Committee.
(j) Broad Criteria to be followed by tbe Review Committee:- The broad criteria to be followed by the Review Committee while making the recornmendattons are as follows:-
(i) The integrity of the Government servant is doubtful.
(ii) The Government servant is found to be ineffective in his/her work. The basic consideration in identifying such Government servants should be their fitnesslcompetence to continue In the post held and their utility for the purpose for which they are employed.
(iii) A Government servant retinng on superannuation within a period of one year from the date of consideration of his case, may be retired under these regulations, where there is a sudden and steep fall in the competence, efficiency or effectiveness of the Govemrnent servant.
(iv) Retiring a person is in public interest and hisher continuance is not serving any public purpose.
(v) A Govemment servant is ineffective, if, his service during the preceding 5 years or since his last promot~on, has deteriorated suddenly or substantially. This is not a consideration, however, where the Govemment servant is to be retired on grounds of doubtful integrity.
(VI) All relevant portions of the entire service record of a Government servant may be considered at the time of review. The review should not he confined to the consideration of the ACWAPAR dossier only. The personal tile of the Government servant may contam valuable material. Similarly. his work and perfonnancc could also be assessed by looking into files dealt with by him or in any papers or reports preparcd and submitted by him. Even uncommunicated remarks in the ACRslAPARs may be taken into considerat~on as well as any other records which are material to the decision.
(k) Approvel of Comaetent Authority- The recommendations of Review Committee will be put up for consideration and orders of the Lieutenant Governor in coordination.
1) Recommendation of the committe to be reasond
While considering the case of the Government employees, the Review Committee shall ensure that there is sufficient material in support of its recommendation clearly outl~ning the grounds for such retirement and supported by well reasoned recommendations. The recommendations shall be the basis for the order to be issued by the Appropriate
Authority under these regulations.
(m) Rearesentation against Premature Retirement:- After issue of the orders of premature ret~rement, the concerned Government servant may put up representation for orders otherwise, within three weeks from the date of service of order and the matter may be placed before the Representation Committee to be constituted for the purpose, along with fresh inputs. if any. The examination of the representation should be completed by the Administmtive Department within eight weeks from the date of receipt of the representation and the Administrative Department shall thereafter submit its report to the General Administration Department for its placement before the Representation Committee. The Representation Committee shall fomard its recommendations to General Administration Department for orders of 1,Lieutenant Governor in coordination.”
For the purpose of this regulation, the ‘Appropriate Authority’ shall mean the Gocernment in the General Administration Department.