SIKKIM GOVERNMENT SERVICE (CONFIDENTIAL ROLL) RULES, 1976. 


In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Sikkim hereby makes the following rules, namely, - 

  1. These rules may be called Sikkim Government Service (Confidential Roll) Rules, 1976. 

  2. They shall come into force with immediate effect. 

  3. They shall apply to the writing and maintenance of the confidential reports of the Sikkim Government employees. 

  4. Definitions. - 

    1. "Confidential Report" means the report referred to in rule 7. 

    2. "Reporting officer" means the authority who was, during the period for which the confidential report is written, immediately superior to the official reported upon. 

    3. "Reviewing Officer" means the authority who was, during the period for which the confidential report is written, immediately superior to the Reporting Officer. 

  5. Confidential rolls in respect of various categories of employees shall be maintained in duplicate for each year as under: - 

    Sl No

    Category of employee

    C.R to be maintained by 

    1

    Members of AIS Officers 

    Office of the Chief Secretary 

    2

    Secretaries/Heads of Department and below up to the level of Additional Secretary.

    Department of Personnel. 

    3

    Members of State Civil Service 

    Department of Personnel 

    4

    Members of Finance and Accounts Service. 

    Finance department. 

    5

    Members of Civil Engineering Service

     Roads & Bridges Department 

    6

    Members of Mechanical Engineering Service.

    SNT Department. 

    7

    Members of Electrical Engineering Service

    Power Department 

    8

    Members of Statistical Service

    Bureau of Economics and Statistics under Planning and Development Department 

    9

    Officers other than those mentioned above

    Secretary/Head of Department concerned. 

    10

    Non-Gazetted employees

    Secy/Head of Deptt concerned.

  6. The confidential report shall be written in the forms specified in the Schedule "A" and "B". In respect of Gazetted Officers form "A" shall be used and form "B" shall be used for the non-gazetted officials. 

  7.  A confidential report assessing the performances, character, conduct and qualities of every employees of the Government, shall be written for each financial year ordinarily within two months after the close of the financial year.

  8. Annual Confidential Report in respect of Class IV employees shall not be written. 

  9.  A Confidential Report shall be written when either the reporting authority or the official reported upon relinquish charge of the post and, in such a case, it shall be written at the time of the relinquishment of his charge of the post or immediately thereafter and the Confidential Roll in respect of such officer shall be forwarded to Establishment Department. 

  10.  Where more than one confidential reports are written on an employee during the course of financial year, each such report shall indicate the period to which it pertains. 

  11. The reporting officer shall submit his report to the next superior officer who shall review and submit the report to the next superior officer. 

  12. Where the reporting officer has not seen, and the reviewing officer has seen, the performances of the official for at least three months during the period for which the confidential report is to be written, the confidential report of any such employee, the reviewing officer shall write the report. 

    T. Chhophel, 

    Secretary to the Government of Sikkim, 

    Establishment Department

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    Government of Sikkim's instructions. 

    1.1 .The adverse remarks should be communicated to the concerned officer within six weeks from the date of completion of the Confidential Reports for a particular year 

    1.2 The officer should be given six weeks to make representation against the adverse remarks communicated to him/her. If he/she does not make any representation or submit a representation after the expiry of the period of six weeks, no action should be taken regarding expunction or modification of the adverse remarks. 

    1.3 If a representation is made by the officer concerned within the prescribed time limit, Secretary head of Department concerned should ensure that a final decision is taken thereon within a period of three months from the date of submission of the representation. 

    1.4 Once a decision has been taken by the Departmental Committee consisting of the Minister-in-charge, Secretary head of Department and one senior officer of the Department concerned on the representation made by the officer, no further representation should be entertained. 

    1.5 The Cabinet assisted by the Chief Secretary to the government shall be the competent authority to take decision on the representation made by a Secretary/Head of Department against the adverse remarks communicated to him. 

    1.6 In column No. 16 of the prescribed form of Confidential Report (Schedule' A ' ) Secretaries/Heads of Departments are requested to classify the official reported upon as "Outstanding" , "Very Good", "Good" or "Unfit" as the case may be, on an overall assessment of his/her service records. 

    2.1 Confidential Reports in respect of all Government Employees have to be written for each financial year as per instructions contained in the Confidential Roll Rules, 1976, issued vide this Department Notification No. 105/Gen/Est of 16.6.1976. It has, however, come to the notice that departments have not been paying serious attention to the mode, periodicity and exactitude in which Confidential Reports have to be written. The Confidential Reports in respect of a Government Employee is a secret, and important document affecting his/her service career and the writing of confidential report should not be treated as a routine matter. The Heads of Departments are, therefore, required to ensure that the confidential reports are written strictly in accordance with the rules referred to above and the annual confidential rolls in respect of Non-Gazetted officers are submitted to this Department promptly. They may also kindly see that there is no delay in submission of annual confidential rolls in respect of officials as and when they are called for by this Department. 

    2.2 Incidentally, it has come to the notice that part II of the form specified in schedule 'A' and 'B' is being invariably left blank and in some cases reporting officer himself has written the report as reviewing officer, which is irregular. The Heads of Departments may kindly see that such irregularities are not repeated hereafter. 

    3.1 It has been noticed that the present system of writing ACR has not been in conformity with the Sikkim Government Service (Confidential Roll) Rules, 1976 and the guidelines issued from time to time. The reports in some cases have been incomplete and even sketchy. In some cases, the remarks have been recorded on the basis of isolated instances instead of the works done during the whole year. The contents of the ACR do not offer real clue to an officer's capacity, efficiency and character. From this, an inference may be drawn that the Reporting Officers are not adequately familiar with the works, conduct of their subordinate officers and staff and they do not make serious efforts in making realistic assessments. These state of affairs do not bring about improvement in the administration and should be rectified. 

    3.2 In the circumstances, the following general principles are laid down for the guidance of all concerned:- 

    1. ACR on staff like Peons, Chowkidar, Messenger, Sweeper, Malies, Dhobis, Cook, Bearer, Drivers etc. need not be written. 

    2. ACR should be written within two months immediately after the close of each financial year. 

    3. For the Gazetted officers there are two levels, namely, the Reporting Officer and Reviewing Officer. 

      3.3 The Dy. Secretary/Jt. Secretary or the officer with the equivalent rank should write ACR in respect of Gazetted officers working under him and Secretary-in-charge of the department or Head of Department concerned should be Reviewing Officer. 

      3.4 Secretary/Head of Department concerned should be the Reporting Officer in respect of Deputy/Joint Secretary or the officer with equivalent rank and Minister-in-charge of the department will review. 

      3.5 .For non-Gazetted officials, the immediate superior officer should be the reporting officer who would submit to his next higher officer, who will review the report and submit it to his superior officer for countersignature. 

      3.6 The reporting officer should have seen the performance of the person being reported upon for at least three months if he has to record his remarks before his transfer or before the transfer of the person to be reported upon from the department. Please see rule 9 and 12 of the Sikkim Government Services (Confidential Roll) Rules, 1976. 

      3.7 It is an accepted principle that crossing of probationary period, crossing of efficiency bar, promotion etc. should be based on the assessment made and recorded in the confidential reports of the official concerned. Proper writing of confidential report is, therefore, of vital importance for the official concerned. 

      3.8 The ACR contain objective assessment and should lay emphasis on the correct appraisal of the conduct, work, efficiency and capability of the official. It should be ensured that impressions are recorded not on the basis of the particular incident, personal likes and dislikes. Vague remarks such as " Satisfactory" etc. do not give an indication of the caliber of the official and therefore should be avoided. 

      Column 13 of the CR Form -Schedule "A"- may be used for recording overall "' assessment in works like " Outstanding", "Very Good", "Good" or "Unfit". 

      3.9 Similarly, such remarks may be recorded in column 16 of CR form - Schedule "B". 

      3.10 Attentions are also invited to the Establishment Department Memorandum No. 5(58) Pt.II/3611/Est. dated 23.3.1977 regarding adverse remarks. 

      4.1 The following matters contained in this department memo No. J(9)179/Gen/Est. dated 6.8.1985 regarding procedure for writing ACRs have been brought to notice for clarification:- 

      (1) Drivers are in class III and as such ACRs in respect of Drivers should also be Mitten according to Sikkim Government Service (Confidential Roll) Rules, 1976. However, in para I of the memorandum referred to herein above, ACR in respect of Drivers need not be written. It is clarified that ACRs in respect of Drivers may also be written. 

      (2) In para 3 of the memorandum referred to herein, Secretary/Head of Department concerned should be the Reporting Officer in respect of Deputy/joint Secretary or officer with equivalent rank, and the Minister-in- charge of the Department will review. It is clarified that whenever there are joint Secretaries or officers with equivalent rank should write the ACRs of the Deputy Secretaries or officers with equivalent rank and the Secretary/Head of Department concerned will be the Reviewing Officer. If there is no joint Secretary or officer of equivalent rank, Secretary/Head of Department concerned will write the ACRs in respect of Deputy Secretaries and Minister- in-charge will review. 

      5.1 Attention is invited to the Sikkim Government Service (Confidential Roll) Rules, 1976 and the instructions issued from time to time thereunder. Under Rule 7, ACR is to be written for each financial year ordinarily within two months after the close of the financial year. Under Rule 9, such CR is to be written when the concerned Reporting Officer or the official reported upon relinquish charge of the post. However, the CR s in respect of the Government Employees are not being completed within the time limits prescribed under the said rules, despite the guidelines to write the ACRs of the Government Servants and their maintenance as explained in the Memorandum No. J (9) 179/Gen/Est. dated 6.8.1985 read with memorandum No. J (9) 5384/Gen/Est. dated 19.12.1985.

      5.2 The matter has been further considered and it has been decided to prescribe a time limit for writing of the ACR in addition to the provisions under the relevant rules. Accordingly, the details of the time frame prescribed for furnishing of CR forms to the officers reported upon, completion of self assessment (applicable in the case of Gazetted officers), writing of report by the Reporting Authority etc. should be regulated as per the table enclosed.

      5.3 Heads of Departments are therefore requested to circulate the provisions of this circular among all the concerned employees and ensure that the ACRs are written strictly in accordance with the guidelines contained herein.

      5.4 ACRs of all the officers for 1989-90 and for the previous years, if due, may be forwarded to the Establishment Department latest by 31.8.1990 for submission to higher authorities.

    TIME SCHEDULE FOR WRITING ACR
    Category of cases When CR is to be given to officers Reported Upon Time schedule for officers Reported Upon Schedule for Reporting officer to Reviewing officer 
    1 2 3 4 5
    Report at the end of the Reporting year March of the year (Part I of the CR of the NG official should be completed by OS/HA in March) 30 April (Pt.II of CR of NG official should be completed by Reporting Officer) 15th May 31st May 
    Report in the event of relinquishment of charge by officer reported upon Along with the communication regarding relinquishment of the post.(OS/HA of the Department should complete the Part I of the CR in the case of NG officials) Within 15 days of receipt of CR format Within 15 days of receipt of 
    i) Self assessment (in case of Gazetted Officer) and

    ii) C.R from OS/HA in the case of NG official
    		 Within 15 days of receipt of CR from Reporting officer.
    Report in the event of relinquishment of the charge by Reporting officer Along with the communication regarding relinquishment of the post Within 15 days of receipt of CR format Within 15 days of receipt of self assessment but not later than one month after relinquishment Within 15 days of receipt of CR from Reporting officer.
    Report in the event of retirement of officer reported upon The month preceding the month in which the officer reported upon is due to retire Within 15 days of receipt of CR format 15 days before the retirement of the officer reported upon Before the retirement of the officer reported upon
    Report in the event of retirement of Reporting officer The month preceding the month in which the Reporting officer is due to retire 15 days before the retirement of Reporting officer Before retirement of Reporting officer   


    Note :- If the officer reported upon does not submit the CR after duly completing Part-II within the time schedule prescribed in column 3 above, the Reporting Authority shall write the report without the self assessment and submit the CR to the Reviewing Authority

    6.1 There has been some lack of clarity regarding maintenance and custody of Annual Confidential Reports, the number of copies of ACR for each year to be kept and the authorities who should initiate/report the Annual Confidential Report and the reviewing and accepting authorities.

    6.2 It is clarified that ACR for each year has to be written in duplicate. ACR's in respect of officers are now kept by the respective Head of Department. DOP Notification No.80/Gen/DOP dated 19.11.96 may be referred. The copy of the ACR may be sent to DOP for maintenance of one set for each year. The Head of Department is directly responsible for initiating the process of ACR writing of officers, monitoring the progress and keeping the original copy for each year in his personal custody and for also forwarding the other copy for each year to DOP.

    6.3 ACR's of all non-gazetted staff should be written by the under secretary or equivalent officer in-charge and accepted by the next higher officer. ACR's of all gazetted officers should be written reviewed and accepted by the immediate superior officer in each case. ACR's of Secretaries will be written by the Chief Secretary after the officer has filled in the self-appraisal. If no self -appraisal of the last financial years are written and forwarded by the concerned Secretary by 30th April of the succeeding financial year to the Chief Secretary, the Chief secretary will proceed to write the report without the self-appraisal. This procedure should be similarly followed in respect of other officers and non-gazetted staff in the departments by the respective Heads of Department.

    6.4 A schedule showing the reporting, reviewing and accepting authorities is appended. Instructions issued by DOP vide No.J(9)/5384/GEN/DOP dated 19.12.95 stand modified accordingly.