Ensuring effectiveness of Government servants


In a welcome step to ensure efficiency and effectiveness of the Government servants, the Union Territory of Jammu and Kashmir has incorporated several new provisions in Article 226(2) of the Jammu and Kashmir Civil Service Regulations dealing with compulsory retirement of the officials on completion of 22 years of qualifying service or on attaining 48 years of age. Under the new provisions, a detailed mechanism will be followed for compulsory retirement of the Government servants has been defined so that such cases can withstand the judicial scrutiny in case officials declared as 'dead-wood' knock at the doors of the court of law against the Government decision. Article 226(2) empowers the Government to retire any Government servant other than one working on a post which is included in Schedule-II of these Rules, after he or she has completed 22 years of qualifying service or on attaining 48 years of age. However, this power can be exercised provided that the appropriate authority gives a notice to the Government servant at least 3 months before the date on which he is required to retire or three months of pay and allowance in lieu of such notice. Earlier under Article 226(2) no explicit time-frame was fixed for review of the performance of the Government servants. Now, it has been mentioned that this exercise will be initiated for each Government servant for the first time after his/her completion of 22 years of service or attaining 48 years of age and any time subsequently as may be required. As per the new Article 226(2), 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 and such a register will be scrutinized at the beginning of every year by officers to be nominated by the Administrative Department concerned.
A new clause "Subsequent Review" states that there is also no bar on the Government to review any such case again where it was decided earlier to retain the officer but the Administrative Department is of the opinion that it is expedient to undertake the review again on account of changed circumstances in public interest. The Government servants will be recommended for compulsory retirement in case their integrity is doubtful; if found to be ineffective in work and the basic consideration in identifying such Government servants would be their fitness/competence to continue in the post held and their utility for the purpose for which they are employed. The cases of the Government servants for consideration of compulsory retirement will be placed before the General Administration Department by the review committees and GAD will process the recommendations of the review committees for approval of the competent authority. The review committee in case of non-gazetted officials will be headed by concerned Administrative Secretary and comprised Administrative Secretaries of Home, GAD and Law Departments. Moreover, there will be a representation committee for examination of representations and internal committee to ensure that service records of the Government servants being reviewed along with a summary, bringing out all relevant information, is placed before the review committee.

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