Detailed Legal Summary: DoPT O.M. on Forwarding of Applications (23.12.2013)
The Government of India, through this Office Memorandum (OM), consolidated all previous instructions concerning the forwarding of applications by Central Government servants seeking employment outside their own cadre, to posts in other Government Departments, State Governments, Autonomous Bodies, CPSEs, etc.
The guidelines are arranged under clear heads in the Annexure for ease of understanding and implementation.
🧾 GENERAL GUIDELINES
🧐 INTERPRETING "PUBLIC INTEREST"
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Strict Interpretation Required🔸 Heads of Departments must interpret "public interest" strictly.🔸 Forwarding of applications should be the rule, not an exception.
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Uniform Treatment🔸 No distinction should be made between Central Govt. Departments, Autonomous Bodies, State Governments, or CPSEs.🔸 However, for private employment, resignation or retirement notice must be submitted before applying.
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Scientific & Technical Personnel🔸 Includes employees in services/posts declared as scientific or technical.
🧭 GENERAL PRINCIPLES
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Temporary Employees✅ Applications should be readily forwarded, unless there are strong public interest grounds.
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Permanent Employees🔸 Can apply for outside posts up to 4 times per year.🔸 Applications may be withheld only if justified in public interest.
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Trained at Govt. Expense❌ Application can be withheld to prevent misuse of Govt.-funded training.
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SC/ST Employees✅ Applications of temporary or permanent SC/ST employees should be forwarded readily.🔸 Withholding should be rare.
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Private Sector Jobs❌ Must resign or retire before applying.📄 [Multiple O.M.s from 1952 to 1971]
📂 PROCEDURE FOR FORWARDING APPLICATIONS
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Applications not in response to an advertisement should not be forwarded.
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Applications may be forwarded regardless of post nature (permanent or temporary).
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Temporary Government Servants🔸 Must submit an undertaking to resign if selected.🔸 Even for posts within same organisation.
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Permanent Employees in Govt. Departments🔸 Lien can be retained for 2 years, extendable to 3 years in exceptional cases.🔸 Must revert or resign after that.
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Autonomous Bodies/CPSEs🔸 Must resign before joining.🔸 No lien will be retained.
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Bond Obligations🔸 Bond terms need not be enforced, but obligations continue in new post.📄 [Ref: O.M. No. 60/37/63-Ests(A), 14.07.1967; O.M. 28016/5/85-Estt(C), 31.01.1986]
📝 UPSC/SSC APPLICATIONS
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Government servants may apply directly to UPSC/SSC but must inform their office and seek permission.
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If permission is to be withheld, it must be informed to the Commission within 30 days.
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If vigilance issues exist (e.g., suspension, prosecution), the department must inform the Commission.
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Once an application is forwarded, the employee must be released if selected.
❌ CASES WHERE APPLICATION MUST NOT BE FORWARDED
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If the employee is:
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Under suspension
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Facing disciplinary proceedings with chargesheet issued
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Prosecution sanction granted
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Chargesheet filed in court
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Undergoing a penalty
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If an employee is under investigation, the application may be forwarded with a clear note that if charges arise later, he/she won't be released.
📄 [O.M. No. 14017/101/91-Estt.(RR), 14.07.1993]
🏢 PUBLIC SECTOR UNDERTAKINGS / AUTONOMOUS BODIES
🔸 Applications may be forwarded with a clear understanding that if selected:
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Employee will resign from Govt. before joining.
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No lien retained.
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Joining should be done within 15 days, extendable by competent authority.
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Period between relieving and joining can be covered by leave (due/extraordinary).
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If not able to join in time, must report back to parent office.
📄 [Ref: Dept. of Pension & Pensioners’ Welfare OM No. 4/15/88-P&PW(D), 13.11.1991]
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🧷 CONCLUSION
This O.M. ensures clarity, uniformity, and transparency in the forwarding of applications of Government servants. It balances employee mobility with the needs of public service and offers specific safeguards for vulnerable categories such as SC/ST employees.
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