Function
 
Recruitment :

State Public Service Commissions must  be consulted in all matters of recruitment except for the posts specified in the Constitution of India under Article 320, clause (4) of Article 16, Article 335 and 336 to be read along with State Public Service Commission (Limitation of Functions) Regulations. 

Recruitment to the State Services is made through :

I.            Direct Selection;

II.           Promotions;

III.          Transfer of services on deputation from one department to another or from one State Government to another.

Departmental Enquiry :

The Constitution of India has a provision to maintain proper relationship between the employer and the employees of the State Governments, and to ensure that for the breaches of the rules of discipline, they can be brought under proper Departmental action and made answerable before the courts of law. Article 320 (3)(c) states that the State Public Service Commission shall be consulted :
"On all disciplinary matters affecting a person serving under Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters."
In accordance with these provisions all Departmental Enquiry cases in which State Government has to pass order punishing a Government Servant and all appeals etc. under the Civil Services (Classification, Control and Appeal) Rules must be sent to the State Public Service Commission for their opinion along with the original Departmental Enquiry file, all relevant papers, and information as required. **
The process of examination of disciplinary cases should be clearly indicated starting from examination in the Commission's office to the decision of the Commission. Views should be clearly expressed on the need for a detailed examination at the level of Commission's Office including their analyses / observations and summarisation of charge-sheet, Culprit Officer's defence, Inquiry Officers Reports, Culprit Officer's representation, (if any) and the views of the disciplinary authority. 

The Chairperson marks such cases to any two Members of the Commission for their opinion. If both the Members and the Chairperson concur, their opinion is communicated to the Government. In case of difference of opinion the Chairperson orders the matter to be put up in the Commission's meeting. The opinion of the Commission becomes final in such cases. All cases in which major punishment of dismissal or compulsory retirement is proposed, are invariably always put up before the Commission for the final opinion. 
Commission should monitor to ensure that the advice of the Commission has been implemented by the Government.

Departmental Promotion :

Article 320 (3) (b) states that the State Public Service Commission shall be consulted "On the principles to be followed in making appointments to Civil Services and posts and in making promotions and Transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers."
In accordance with the provisions of the Constitution, the following steps in regard to Departmental Promotions are followed by the State Public Service Commission.

COMPOSITION OF D.P.C. :

Departmental Promotion Committees are headed by the Chairperson of the Public Service Commission or by the Member nominated by him / her. If the departmental recruitment rules do not permit this provision, the same must be included by making necessary amendment in the rules. The Departmental Promotion Committees also comprise of the Secretary or the Principal Secretary of the concerned administrative department (not lower in rank than Special Secretary), the Head of the Department and a Government officer belonging to SC or ST as a representative of the SC/ST categories where posts for such categories have been reserved. The Members of the D.P.C. shall be appointed only by designation, care shall be taken to ensure that the designations are updated from time to time wherever so necessitated.

D.P.C. PROCEDURE : 

The administrative department sends the proposal for calling meeting of the Departmental Promotion Committee in the proforma prescribed by the Public Service Commission along-with all relevant information and the latest gradation (seniority) list of the Officers borne on the feeder cadre.*6 After scrutinising the proposal by the Commission's office with the help of a comprehensive checklist that should be signed by a senior official of the Department and Commission, the preliminary assessment of the annual confidential reports of the officers-in-charge in the zone is made jointly by the Under Secretary of the department concerned and the Under Secretary-In-charge of these matters of the Commission. Final grading is done by the Departmental Promotion Committee itself. The ACRs shall be updated, reviewed, kept ready (till the year of review). Extreme care should be taken to ensure that the candidate whose name is being considered for promotion is indeed the right candidate. Instance have come to notice wherein the good ACR of candidates having the same name of a candidate coming for consideration before the DPC, was attached to the candidate's average or bad ACR leading to a situation where the wrong (not fit) candidate was promoted overlooking the deserving candidate. 

PREPARATION OF MINUTES :

After the meeting of the Departmental Promotion Committee is over, the minutes of the meeting incorporating the recommendations of the Departmental Promotion Committee are prepared by the Administrative Department in the proforma prescribed by the respective Commission.The brief minutes are signed by all the members of the Departmental Promotion Committee. The minutes should clearly spell out the decision of the Departmental Promotion Committee, almost like a precise speaking order.


FOLLOW-UP ACTION : 

It is mentioned in the Madhya Pradesh Public Service (Promotion) Rules, 2002, Rules 6 (3) and 7 (4) that the number of vacancies are calculated during the year i.e. from 1st January to 31st December for promotion, rule 6(4) and 7(5) the meeting of the Department promotion/Screening Committee Shall be held every year.

 

The Department promotion Committee all so reviews the action taken on the recommendations made in the proceeding meeting. The sealed cover system shall be adopted in the case of candidates against whom disciplinary is pending of stayed by the STAT/Couts.


MODEL CALENDAR :

A model calendar for initiating the process of Departmental Promotion well in advance shall be prepared so that the promotions are brought up-to-date without causing hardship to the candidates, who are otherwise forced to retire without getting their due promotions, due to administrative delay and bureaucratic inaction and also to avoid the need to resort to ad hoc promotion. In other words, PSCs should takes pro-active role in upholding the importance & utility of DPCs.

CONDUCT OF DEPARTMENTAL TEST EXAMINATIONS BY THE STATE PUBLIC SERVICE COMMISSION :

Some of the State Public service Commissions are already conducting the Departmental examinations / Language Tests for number of departments in their states including the All India Service Officers posted in the State. Some of the Departmental Examinations are even conducted twice a year. It is desirable that such tests are conducted by all the State Public Service Commissions. One of the provisions laid down in the Constitution of India is to make recommendations for Departmental Promotion so as to ensure the promotion of the deserving, within a reasonable period of time, and with all fairness and transparency. It is an important duty of the Public Service Commission and is naturally given the priority it demands and deserves.

Rules Framing :

1. राज्य शासन के सभी विभागों के अपने-अपने भरती/पदोन्नति नियम है, इन नियमों में जब कभी भी संशोधन होते है अथवा कोई विभाग पुनः नये नियम बनाता है तो वह नियम आयोग को सहमति हेतु प्राप्त होते है । 

 2. आयोग की भरती नियम शाखा जो विज्ञापन शाखा के अंतर्गत ही कार्य करती है, वह संशोधन हेतु प्राप्त भरती नियमों का परीक्षण कर आयोग की सहमति हेतु प्राप्त करती है । आयोग से सहमति प्राप्त होने पर तद्नुसार शासन को पत्र द्वारा सूचित किया जाता है ।