Appraisal of employees’ performance under Article 226
Thrust laid on timely completion of departmental proceedings
Mohinder Verma
JAMMU, Jan 28: Government of Union Territory of Jammu and Kashmir has directed all the departments to conduct internal reviews and submit reports so that performance of the employees can be analyzed in the light of the provisions of Article 226 of the J&K Civil Services Regulations. Moreover, thrust has been laid on timely completion of departmental proceedings already initiated against the employees.
Official sources told EXCELSIOR that in a recent high-level meeting, Chief Secretary Dr Arun Kumar Mehta expressed concern that some of the departments have failed to undertake an internal review which is not a desirable practice. “This process cannot be delayed further”, sources said quoting the observation of the Chief Secretary.
On this, the Additional Chief Secretary Home, who heads the screening committee constituted to review the cases under Article 226, informed that departmental proceedings are not being completed in a time bound manner and asked the departments to expeditiously conclude proceedings initiated against various Government employees as such employees can be considered for review under Article 226.
“The Chief Secretary endorsed the view of the Additional Chief Secretary Home and asked the departments, which are yet to undertake internal reviews, to complete the same urgently”, sources informed and said that formal instructions in this regard have also been issued to all the departments through the General Administration Department.
As per the Article 226 of the J&K Civil Services Regulations, the Government is empowered to review the performance of the employees on completion of 22 years of qualifying service or on attaining 48 years of age with respect to parameters like integrity, effectiveness, efficiency and utility.
In the month of October 2020, the Government, on the directions of the Lieutenant Governor, made some additions in the Article 226 and now the Government is competent to conduct exercise to review the performance of Government servants for the first time after his/her completion of 22 years of service or attaining 48 years of age and anytime subsequently as may be required.
“A register of Government servants who are due to attain the age of 48 years or to complete 22 years of service is required to be maintained by the Administrative Department and scrutinized at the beginning of every year by officers to be nominated by the Administrative Department concerned”, sources said.
The Government may, at any time after a Government servant has attained the age of 48 years or completed 22 years of service may retire him or her in public interest and committees at different level have been constituted to implement the provisions of Article 226.
The Review Committee is required to ascertain whether the integrity of the Government servant is doubtful, whether he or she is ineffective in work and the basic consideration in identifying such Government servants includes their fitness/competence to continue in the post held and their utility for the purpose for which they are employed.
“A Government servant retiring 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 sudden and steep fall in the competence, efficiency or effectiveness of the Government servant”, sources said, adding “similarly a Government servant if found ineffective or his performance has deteriorated suddenly or substantially since his last promotion can also be retired under Article 226”.
Moreover, all relevant portions of the entire service record of a Government servant may be considered at the time of review but the review is not required to be confined to the consideration of ACR/APAR dossier only.
“The personal file of the Government servant may contain valuable material. Similarly, his work and performance could also be assessed by looking into files dealt with by him or any papers or reports prepared and submitted by him”, sources said, adding “even un-communicated remarks in the ACRs/APARs may be taken into consideration as well as any other records which are material to the decision”.
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