PROVISON OF FUNDAMENTAL RULE-25 RELATED TO CROSSING OF EFFICIENCY BAR SHOULD BE REVIEWED ANNUALLY.

PROCEDURE FOR CONSIDERATION OF CASES :-- (a) Where disciplinary proceedings are pending:-- A Government servant against whom departmental proceedings are pending but who is due to cross the efficiency bar prescribed in his time -scale of pay , may not be allowed to cross the bar untill after the conclusion of the proceedings. A question was raised as to the date of from which a government servant whose case for crossing the efficiency bar has not been considered on account of the pendency of a disciplinary/ vigilance case against him , should be considered for being allowed to cross the efficiency bar, after the enquiry is over .It has been decided in consultation with the Ministry of Home affairs, that if after the conclusion of the proceedings the government servant is completely exonerated, he may be allowed to cross the efficiency bar with effect from the due date retrospectively, unless the competent authority decides otherwise .If however , the government servant is not completely exonerated, his case for crossing the efficiency bar can not be considered with retrospectively effect from the due date .Such cases can be considered only with effect from a date following the conclusion of the disciplinary/vigilance case , taking into account the outcome of the disciplinary/vigilance case (b) WHEN CONDUCT IS UNDER INVESTIGATION :-- Same procedure as at (a) above may be followed after the conclusion of the investigation and where the competent authority on consideration of the results of the investigation, has formed the opinion that a charge sheet may be issued to the government servant concerned on specific imputations where departmental action is contemplated or that sanction for prosecution may be accorded where prosecution is proposed.Otherwise , the normal procedure should be followed.