This Department has issued various instructions from time to time regarding Streamlining of the process of confirmation of Direct Recruit officers of the Indian Administrative Service, an effort has been made to consolidate the said instructions at one place and the same may be summarized for better understanding and guidance under:
2. Rule 3A of the Indian Administrative Service (Probation) Rules, 1954, envisages that "Whereas probationer has completed his period of probation to the satisfaction of the Central Government, he shall, subject to the other provision of these rules, be confirmed in the Service at the end of his period of probation".
General Principles relating to probation period and training:
3. The following instructions covering various aspects relating to the probation and training of probationers have been issued for the guidance of the State Governments: -
(i) A person is appointed on probation in order to assess his suitability for absorption in the Service to which he has been appointed. Probation should not, therefore, be treated as a mere formality. The powers under rule 12 of the Indian Administrative Service (Probation) Rules, 1954, to discharge probationers should be used systematically and vigorously so that necessity of dispensing with the services of the members of the Service at late stages may arise only rarely. A probationer who is found not to possess the basic qualities of character and ability essential in a member of the Indian Administrative Service should be discharged early from the service. There is little to be gained by continuing such a probationer in service for long. It would also not be fair to the probationer himself.
(ii) It is not desirable that a member of the Service should be kept on probation for years as happens occasionally at present. Save for exceptional reasons, the period of probation should not, therefore, be extended by more than one year and no member of the Service should by convention, be kept on probation for more than double the normal period, that is four years. Accordingly, a probationer, who does not complete the probationer's final examination within a period of four years, should ordinarily be discharged from the service.
(iii) The decision whether a member of Service should be confirmed or the period of his probation should be extended should be taken soon after the expiry of the initial probationary period, that is, ordinarily within six to eight weeks thereof, and communicated to him together with the reasons in case of extension. With a view to enabling the Central Government to take a prompt decision in each case, the assessment report in the prescribed form, covering the period of practical training in the State should be sent to the Department of Personnel and Administrative Reform immediately after the training is over.
(iv) A probationer, who is not making satisfactory progress or who shows himself to be inadequate for the Service, in any way, should be informed of his shortcomings well before the expiry of the original probationary period so that he can make special efforts at self-improvement. This can be done by giving him a written warning to the effect that his general performance has not been such as to justify his confirmation in the Service and that, unless he showed substantial improvement within a specified period, the question of discharging him from the Service would have to be considered. Even though this is not required by the rules, discharge from the Service being a severe, final and irrevocable step, the probationer should be given such an opportunity before taking the drastic step of discharge.
(v) In order to make the practical training of the probationers really purposeful, it is essential that the probationers are posted as far as possible both to rural and urban districts so that they get variety of experience on land tenures, agricultural practices, departmental programmes as well as problems relating to law and order, industrial unrest and welfare.
(vi) The utilisation of the practical training will, to a great extent, depend on the choice of the Collectors to whom the probationers are attached. Unless the Collectors give proper guidance to the probationers, the probationers will not get benefit from the training. Great care should therefore, be exercised in selecting the Collectors to whom the probationers are attached. The Collectors should be instructed to take personal interest in the training of the probationers and to inculcate in them a positive attitude towards the various problems facing the Administration. During the practical training, all relevant acts, laws, codes and Five Year Plan documents with particular reference to the district should be studied by the probationers. Reasonable facilities for accommodation etc. may be provided to the probationers.
It should be ensured that the probationers take the training seriously. They should be discouraged from taking long spells of leave, except for unavoidable reasons, as this would affect their training.
Process for confirmation
4. The confirmation of the probationers should be based on the assessment of the record of the probationers during the period of training undergone in the State. Failure to pass Departmental Examination may well be an indication of the generally unsatisfactory nature of the officer's work during probation and may be taken into account as such. It should not, however, in the opinion of the Government of India operate automatically as a bar against such confirmation. It is the general assessment of the entire record, and not merely success or failure at the Departmental Examination that should count in this respect.
5. The delay in confirmation of probationers results in non-drawal of increments on due dates and hence State Governments should endeavor to forward the assessment reports of the probationers with their recommendations preferably within six weeks after the last date of the probationary period. It has also been found that the proposals for confirmation from the respective State cadres are not received in time or received incomplete. The shortcomings generally noticed in the proposals include incomplete assessment reports, non-receipt of the recommendation of the Review Board, Course Completion Certificate of Training, vigilance status etc. As a result, the Central Government has not been able to issue the order of confirmation of many IAS probationers in time.
6. In order to avoid this situation, it has been decided that the Lal Bahadur Shastri National Academy of Administration (LBSNAA), Musoorie will have the responsibility of compilation of all information/documents pertaining to probation in cases of Direct Recruit IAS Officers in consultation with the concerned State Governments and of sending the proposal for confirmation to the Central Government as per the proforma prescribed in this regard (Annexure-I). It has also been decided that:
(a) The State Governments shall hold the meetings of the Review Board in respect of the IAS probationers undergoing training in the State immediately after the completion of the State Training and send the recommendations of the State Government alongwith the vigilance clearance regarding the confirmation or otherwise of the probationers concerned to the LBSNAA.
(b) The Department of Personnel and Training (AIS Division) shall obtain the report on verification of character and antecedents of the probationers from the concerned District Collectors within 3 months of appointment. If the concerned District Collectors do not give the report in three months, it would be assumed that there is nothing adverse against the concerned probationer. The report in this regard will be provided to the LBSNAA by the AIS Division within a period of 6 months from the joining of the probationers for training. In the absence of such report, it will be presumed that there is nothing adverse against the probationers.
(c) The proposal for confirmation or of extension in the period of probation or of discharge of probationer from Government service shall be furnished by the LBSNAA within one month after completion of the training, clearly mentioning whether or not the probationer is fit for confirmation. This report would be the basis for determination of seniority or extension of probation or of discharge from service, as the case may be.
(d) If the period of probation needs to be extended, the performance of the probationer during the extended period of probation of six months shall be closely watched. Director (LBSNAA) shall furnish the assessment report on the extended period of probation immediately after it is over.
(e) If the period of probation is extended by another six months, the service of the probationer will be at the disposal of the State Government. The State Government shall furnish the assessment report for this period within one month of the due date of completion of the extended period of probation to the Central Government.
(f) The information received from the LBSNAA in respect of Direct Recruit IAS officers, apart from vigilance clearance, shall be the basis for their confirmation in the IAS. Vigilance clearance shall be required separately from the State Government in cases where the probationer is working in the State during the extended period of probation.
Probation confirmation of Promotee IAS officers
7. In the cases of promotee IAS officers, the respective State Governments shall furnish the assessment reports along with the vigilance clearance, undertaking from the officers to terminate his/her lien from the State Service, marital status etc. within six weeks of the due date of completion of probation in the enclosed proforma (Annexure-II). The report shall clearly indicate whether or not the probationer is fit for confirmation and if not found fit, the period up to which the probation is to be extended. In order to provide the facilities for training to the promotee IAS officers, the concerned Administrative Training Institutes of the State Governments may work out the modalities in consultation with the LBSNAA.
Procedure to be followed in case of extension of probation
8. In the cases where, a probationer fails to complete requisite training during probation period, if LBSNAA or the State Government, feel that a probationer deserves to be given further chance so as to improve his performance, they shall specifically mention this in their recommendation and make suggestions regarding the period up to which the probation is to be extended as laid down in the rules. On receipt of the proposal from LBSNAA, DoPT will take necessary action for extending the probation period.
The State Government shall hold a review meeting in respect of the performance of the probationer during the extended period of probation and send the recommendations of the State Government to LBSNAA for confirmation of the probationer or termination of the probation under the relevant provisions of the IAS (Probation) Rules so as to reach the Department of Personnel & Training before the expiry of the extended period of probation.
9. These instructions are to be followed strictly so as to obviate any legal claim on behalf of a probationer at a later date, on his right to automatic confirmation after the completion of the normal period of probation and any claim to the effect that an order of extension of probation is void on the ground that at the point of time when such order has been passed, the concerned probationer had put in the normal period of probation without any order having been passed extending the period of probation within the normal period of probation.
10. These instructions may please be brought to the notice of the all concerned authorities, including the District Collectors.
References :
[(i) Letter no. 11/2/57-AIS.I dated 20.09.1957 (page 7 of 25)
(ii) Letter no. 23/2/64-AIS-III dated 04.06.1964 (page 8 of 25)
(iii) Letter no. 22/3/71-AIS-III dated 13.07.1972 (page 8 of 25)
(iv) Letter no. 11037/11/1987-AIS-III dated 23.12.1987 (page 10 of 25)
(v) Letter no. 11037/6/87-AIS-III dated 02.02.1988 (page 11 of 25)
(vi) Letter no.14013/12/2005-AIS-III dated 25.07.2008]