Sikkim Herald

THE SIKKIM PUBLIC SERVICE COMMISSION (EXEMPTION FROM CONSULTATION) REGULATIONS, 1986.

In exercise of the powers conferred by the proviso to clause 3 of Article 320 of the Constitution of India and in super session of all previous orders, circulars and instructions issued from time to time on the subject including the Notification No.5 (256) 56SS/Gen/Est. dated 21.t February, 1983, the Governor of Sikkim is pleased to make the following regulations as respects the services and posts in connection with the affairs of the State of Sikkim, specifying the matters in which it shall not be necessary for the Sikkim Public Service Commission to be consulted, namely, -

1. These regulations may be called the Sikkim Public Service Commission (Exemption from consultation) Regulations, 1986.
2. They shall come into force from the date of their publication in the Sikkim Government Gazette.
In these regulations unless the context otherwise requires, -
1. "Commission means the Sikkim Public Service Commission;
2. "Constitution" means the Constitution of India;
3. "Government" means the Government of Sikkim
4. "Governor"' means the Governor of Sikkim;
5. "Service" means any Civil Service and "Post" means any civil post, in connection with the affairs of the State of Sikkim.
It shall not be necessary to consult the Commission in regard to any of the matters mentioned in sub-clauses (a) and (b) of Clause 3 of Article 320 of the Constitution in the case of Services and posts specified in the Schedule of these regulations and other posts in respect of which the Government shall, after consultations with the Commission, direct that appointment may be made without reference to the Commission.
It shall not be necessary to consult the Commission on any of the following matters, namely,
1. the determination of the number of vacancies to be filled in a Service in any particular year;
2. the determination of the strength of the Cadres of different Services;
3. the determination of the pay of Government servants on their first appointment;
4. the determination of the initial pay of officers recruited by direct recruitment or by promotion;
5. transfer of Government servants to foreign services;
6. reservation of posts to backward classes or to any other section of People of the State.
It shall not be necessary to consult the Commission -
1. on matters of inter-departmental and intra-departmental transfer from one post to another in the same Service;
2. on the Principles to be followed in transfer from one post to another in the same Service;
3. on the suitability of candidates for transfer from one post to another in the same Service.
It shall not be necessary to consult the Commission with regard to the selection and appointment of a Person on contract, co-terminus and consolidated (fixed) pay basis and on deputation from the Central Government or from any other State Government.
Disciplinary cases. -
1. It shall not be necessary to consult the commission on any disciplinary matter affecting a Person serving in connection with the affairs of the State except -
  
  (a) where the Government proposes to pass an original order imposing any of the following penalties on a Government servant namely, -
  1. censure;
  2. withholding of his promotion;
  3. recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
  4. withholding of increments of pay;
  5. reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the Government servant will earn increment of pay during the period of such reduction or whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;
  6. reduction to a lower time scale of pay, grade, post or Service which shall ordinarily be a bar to the promotion of the Government servant to the time scale of pay, grade, post or Service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or Service from which the Government servant was reduced and his seniority and pay on such a restoration to that grade, post or Service;
  7. compulsory retirement;
  8. removal from service which shall not be disqualification for future employment under the Government;
  9. dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
2. Nothing mentioned in clause (1) shall be deemed to make it necessary to consult the Commission in any case-
  1. relating to withholding of increments of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the Service to which he belongs or post which he holds or the terms of his appointment;
  2. relating to stoppage of a Government servant at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
  3. relating to non-promotion of a Government servant whether in a substantive or officiating capacity after consideration of his case, to a Service, grade or post for promotion to which he is eligible.
  4. relating to reversion of a Government officiating in a higher Service, grade or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post or on any administrative ground unconnected with his conduct;
  5. relating to reversion of a Government servant appointed on probation to any other Service, grade or post to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;
  6. compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement;
  7. relating to termination of the service -
    
    (a) of a Government servant appointed on probation during or at the end of the period his probation, in accordance with the terms of his appointment or the rules and orders governing such probation; or
    
    (b) of a temporary Government servant appointed on a temporary basis, under the orders of the appointing authority; or
    
    (c) of a Government servant, Employed under an agreement, in accordance with the terms of such agreement.
  8. in which the Commission has, at any previous stage given advice in regard to the order to be passed and no fresh question has thereafter arisen for determination.
3. It shall not be necessary to consult the Commission on any memorial or petition whether the Governor proposes to pass orders rejecting such memorial or petition.
4. It shall not be necessary to consult the Commission in any case where the Governor proposes to make an order of dismissal, removal or reduction in rank after being satisfied that such action is necessary in the interest of the security of the State.
5. It shall not be necessary to consult the commission in disciplinary matters pertaining to Sikkim Police and Sikkim Vigilance Police up-to the rank of Sub-Inspector.
  
  By order and in the name of the Governor.
  
  D.K. Gajmer
  
  Addl. Secretary to the Govt. of Sikkim,
  
  Establishment Department

SCHEDULE

(See Regulation 3)

Appointment of Officers and staff of the Sikkim Legislative Assembly Secretariat under article 187(2) of the Constitution;
Appointment of District Judges and promotion thereto under article 233 and 235 of the Constitution;
Appointment of personal staff of the Governor;
Appointment of Advocate General, Government Advocates, Assistant Government Advocates and Public Prosecutors;
Appointment of advisor/Consultant to the Government for specific period and for specific purpose;
Appointment of persons in State Government Undertakings;
Appointment of Chairman, Members to any statutory body, Tribunal, Commission, Committee and any other ad-hoc or statutory body;
All appointments and promotions of persons to non-gazetted posts in the State Government;

Gvernment of Sikkim instructions. -

Subject: Procedure to be followed in the matter of consultation with the Sikkim Public service Commission.

Attention of all the Departments is invited to the Establishment Department's Circular No.5 (266) Est./82/161 dated the 8th October, 1982, in which it has been stated that until further orders, the Sikkim Public Service Commission should be consulted in all cases of direct recruitment, promotion and deputation and also in disciplinary cases before imposing any penalty. The procedure for consultation with the Commission is briefly indicated below for the guidance of the Departments: -
1. In all matters where consultation with the Commission is necessary, an officer of the Administrative Department not below the rank of a Joint Secretary should in the first instance discuss the matter personally with the Secretary of the Commission.
2. After discussion the officer shall prepare a self- contained Memorandum incorporating the proposal with such documents/information required to be furnished as per the advice of the Secretary to the Commission.
3. All proposals with documents/information in duplicate should be forwarded to the Joint Secretary in the Establishment Department.
  1. DIRECT RECRUITMENT.
    
    The following information should be furnished: -
    1. Number and full scale of pay of the post(s) to be advertised. Anticipated vacancies should also be indicated.
    2. Nature of the vacancy -temporary or long-term.
    3. Copy of the recruitment rules indicating the prescribed method of recruitment, age limits and educational qualifications for the post to be advertised.
    4. Whether the vacancy to be advertised falls under the direct recruitment quota.
    5. Reservation position (i.e. the number of vacancies reserved for Scheduled Castes and Scheduled Tribes).
    6. Headquarters of the post, i.e. the place where the selected candidates(s) is/are required to work.
  2. PROMOTION.
    
    The following information should be furnished: -
    1. Number and full scale of pay of the post(s) to be filled by promotion.
    2. Copy of the recruitment rules indicating the method of recruitment.
    3. Whether the vacancies to be filled by promotion fall under the promotion quota.
    4. Number and full scale of pay of the posts in the field of promotion.
    5. Up-to-date seniority list of the officers holding the posts in the field of promotion.
    6. Up-to-date A.C.Rs of the officers in the field of promotion.
  3. DEPUTATION.
    
    The following information should be furnished: -
    1. Number and full scale of pay of the post(s) to be filled by deputation.
    2. Copy of recruitment rules indicating the qualifications, experience, method of recruitment and the field of deputation.
    3. Whether the other methods of recruitment, e.g. direct recruitment or promotion have been tried and failed.
    4. Circular issued by the Department inviting applications for the post(s) to be filled by deputation.
    5. Application (in original) received in response to the Circular.
    6. Up-to-date A.C.Rs of the applicants.
  4. DISCIPLINARY CASES-:
    1. Details should be given in the enclosed proforma.
    2. All the connected documents should be enclosed.
      
      ANNEXURE
      
      Particulars relating to the disciplinary cases referred to the Sikkim Public Service Commission with letter No…............. Dated.............
      
      1. Name of accused officer
      
      2. Whether temporary/permanent/ contract service
      
      3. Post held substantively if in permanent service:
      
      (a) Designation:
      
      (b) Scale of pay:
      
      (c) Pay drawn:
      
      (d) Date from which pay shown against (c) drawn:
      
      4. Post held at present in an officiating capacity:
      
      (a) Designation:
      
      (b) Scale of pay:
      
      (c) Pay drawn:
      
      (d) Date from which pay shown against (c) drawn:
      
      5. The next lower post the officer would have held but for his appointment to the present post he is holding.
      
      6. Increment.
      
      (a) Date of next increment in post held substantively.
      
      (b) Date of next increment in post in which officiating at present.
      
      7. Date of birth
      
      8. Date of joining government service.
      
      9. Date when due to retire or date of actual retirement in cases of person who have already retired.
      
      9(a). (a) Amount of monthly Pension admissible:
      
      (b) Amount of monthly pension sanctioned.
      
      (b) (a) Amount of gratuity admissible.
      
      (b) Amount of monthly Pension sanctioned
      
      (This information is required only in respect of cases of recovery from or withholding of pension/special additional Pension.)
      
      10. (a) Appointing Authority in respect of the post held at present or the authority which actually appointed the person if that authority is higher.
      
      (b) Punishing authority in respect of the Post held at present
      
      (c) Appellate Authority in respect of the post held at present.
      
      11. Whether an oral enquiry is required under the rules has been held.
      
      12. Name and designation of the Inquiry Officer appointed, if any.
      
      13. Whether all the relevant documents in original, particularly the following, have been enclosed with the letter seeking the Commission's advice; if so reference.
      
      (A) In the case of original cases;
      
      i) Papers relating to preliminary enquiry, if any. In case the preliminary enquiry was done by the State Police, their report together with all depositions recorded by them.
      
      ii) Suspension Order, if any. Order revoking suspension, if any:
      
      iii) Order of the competent authority for joint/Common proceedings where issued, if two or more Government servants were involved in the case.
      
      iv) Charge-sheet with the statement of imputations of misconduct or misbehavior and other enclosures.
      
      v) Reply of the accused officer to the charge- sheet.
      
      vi) Orders appointing the Inquiry Officer.
      
      vii) Orders appoint the Presenting Officer.
      
      viii) Record of the oral enquiry:
      
      a) Daily Order sheets.
      
      b) Correspondence file of the I.O.
      
      c) Depositions.
      
      d) Questions put to the accused officer by the Inquiry Officer.
      
      e) Statement of defence before the I.O.
      
      f) Written brief of -the Presenting Officer; -the Accused Officer.
      
      g) Inquiry Officer's report.
      
      ix) Miscellaneous documents regarding evidence such as exhibits, statements etc. referred to in items (I) to (ix) above.
      
      B) In the case of appeal.
      
      In addition to the documents specified under (A), attach the following:
      
      i) Order of the Punishing Authority:
      
      ii) Appeal, if any, of the accused officer.
      
      iii) Comments of the Punishing Authority on appeal.
      
      (C) In the case of petition/Memorial or suo moto Review
      
      In addition to the documents specified under (A) and (B) above, the following: -
      
      i) Order, if any, on the appeal.
      
      ii) Petition or Memorial, if any, from the accused officer.
      
      iii) Note indicating the reasons for modifying the existing order of penalty and the precise extent of such modification.
      
      (D) Miscellaneous documents regarding evidence, such as exhibits, statements referred to in item 14(B) and 14(C) and extracts of relevant Rules, Acts, Judgments, Manuals, etc., referred to in the charge-sheet, statement of allegations, statement of defence, reply to show-cause notice, appeal petition, Department's comments.
      
      14. Whether a note explaining the factual and procedural points mentioned in the officer's explanation has been enclosed.
      
      15. Whether comments on procedural points, if any, raised by the officer in his explanation to the charge-sheet/reply to show-cause notice/appeal/ petition have been given.
      
      16. Whether complete and up-to-date confidential roll of the officer has been enclosed.
      
      Signature…...............
      
      Name in Block letter of officer of the
      
      Department signing this statement.
      
      Designation,
      
      Date,
      
      Telephone Number